HomeMy WebLinkAboutReel 1247 (11/10/1986- 2/21/89)I
709
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
HOUSING: Council member David A. Bowers presented copy of the
annual report of the City of Roanoke Redevelopment and Housing
Authority for fiscal year 1985-86.
(For full text, see report on file in the City Clerk's Office.)
ACT[ON: Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
OTHER HEARINGS OF CITIZENS: NONE.
At 2:15 p.m., the Vice-Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber, with
Viceqtayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
ROANOKE NEIGHBORHOOD PARINERSHIP: The Vice-Mayor advised that the
three terms of
, year Betty J. Kirkland, Thoma~s,~.,~]a~y., ~illary Lantz,
DDrotha P. Denison, Florine Thornhil] and Cecil H.Gullli~ms a%'~n~mbers '
~3~.ef' the~o~..~o, ke I~eighborhood Partnership Steering Committee wi 11 expi re
on NoVember 16, 1986; that Mr. Guilliams has declined to serve another
term; and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of B~'_ty J. Kirkland,
Thomas F. Brady, Hi]lary Lantz, Dorotha P. Denison and Florine Thorn-
hill.
There being no further nominations, Mrs. Kirkland, Mr. Brady, Mr.
Lantz, Mrs. Denison and Mrs. lllornhill were reelected as members of the
Roanoke Neighborhood Partnership Steering Committee for terms of three
years each ending November 8, lg$9, by the following vote:
ACTION:
FOR MRS. KIRKLAND, MR. BRADY, MR. LANTZ, MRS. DENISON AND MRS.
THORNHILL: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vi ce-Mayor Musser ............... 6.
(Mayor Taylor was absent.)
HUMAN RESOURCES: The Vice-Mayor advised that the four year term
of Virginia K. Binder as a member of the Advisory Board of Human
Resources will expire on November 30, 1986, and called for nominations
to fill the vacancy.
Hrs. Bowles placed in nomination the name of Virginia K. Binder.
There being no further nominations, Mrs. Binder was reelected as a
member of the Advisory Board of Human Resources for a term of four
years ending November 30, 1990, by the following vote:
ACTION: FOR MRS. BINDER: Council members Garland, Harvey, Trout, Bowers,
Bowles and Vice-Mayor Nusser ............... 6.
(Mayor Taylor was absent.)
FLOODS: The Vice-Mayor advised of the need to appoint one addi-
tional member to the Flood Plain Committee (the Flood Plain Committee
previously requested appointment of three additional members; and two
new members were appointed on October 27, 1986); whereupon, the Vice-
Mayor opened the floor for nominations.
Mrs. Bowles placed in nomination the name of Charles R. Minter.
There being no further ,lominations, Mr. Minter was elected as a
member of the Flood Plain Committee for a term ending June 30, 1987, by
the following vote:
ACTION: FOR MR. MINTER: Council members Garland, Harvey, Trout, Bowers,
Bowies and Vice-Mayor Musser ................ 6.
(Mayor Taylor was absent.)
710
BUILDINGS-HEALTH DEPARTMENT: The Vice-Mayor advised that there is
a vacancy on the Building Maintenance Division of the City's Board of
Buildin§ Code Appeals, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name ol~ Gene Wirt.
There being no further nominations, Mr-. Wirt was elected as a
member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term of three years, ending November 10,
1989, by the following vote:
ACTION: FOR MR. WIRT: Council members Garland, Harvey, Trout, Bowers,
Bowles and Vice-Mayor Musser ............................ 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the meet-.
lng adjourned at 3:20 p.m.
APPROVED
ATTEST: p~
City Clerk
711
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
November 10, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 10, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(lgTg), as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor ...... 7.
ABSENT: None ........................................
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. William M. Hackworth, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter L. Wood,
Pastor, New Life Temple Pentecostal Holiness Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
m
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction and restoration of the Washington Park box cul-
vert, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, November 10, 1986, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the open-
ing of the bids; whereupon, the City Clerk ¢~jened and read the follow-
ing bids:
BIDDER BASE BID
A. L. King, Ltd.
L. M. Bradshaw Contracting, Inc.
$1,243,833.00
2,249,500.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CIVIC CENTER: Pursuant to notice of advertisement For bids for
construction of toilets for the handicapped in the Civic Center Audi-
torium, said proposals to be received by the City Clerk until 4:30
p.m., on Monday, November 10, 1986, and to be held, opened and read
before the Council at 7:30 p.m., on that date, or as soon thereafter as
the matter may be heard, the I~yor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
712
ACTION:
ACTION:
BIDDER
BASE BID
Construction Services of Roanoke, !nc.
Forest Hill Associates
Charles D. Hare, General Contractor
$33,617.00
45,595.00
45,900.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Hayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and George C. Snead, Jr., as members of the committee.
PUBLIC HEARINGS:
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Honday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Byron R. Dickson
and Thomas E. Carr, Jr., that a tract of land containing 2.1243 acres,
located on Old Country Club Road, N. W., designated as Official Tax
Nos. 2660604, 2660601, 2660701, 2660/02 and 2660703, be rezoned from
RS-3, Single Family Residential District, to C-1, Office and Institu-
tional District, subject to certain proffered conditions, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City ClerkIs Office.)
A report of the City Planning Commission recommending that the
request be approved, advising that the proposal offers the preservation
of an existing, important building while maximizing compatibility with
the adjoining neighborhood, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28425) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 17.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28425 was adopted on its first reading by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................. 7.
NAYS: None ........... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Charles O. Corneli-
son, Attorney, representing Stanley R. and Susan R. Kummer that three
parcels of land located at 1212 Loudon Avenue, N. W., designated as
Official Tax Nos. 2212314, 2212315, and 2212316, be rezoned from RG-1,
General Residential District, to LM, Light Manufacturing District, sub-
ject to certain proffered conditions, the matter was before the body.
COMMONWEALTH of VIR,~INIA
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COMMONWEALTH of V~IR~INIA
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ACTION:
715
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that given the existing business use of the pro-
perty and the compatibility that has become established over the years,
the rezoning request is reasonable and will permit an existing business
to remain in the neighborhood and expand in an acceptable manner, and
the non-conforming use would become a conforming one, was before Coun-
cil.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28426) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
The motion was seconded by Mr. Garland.
Mr. Charles O. Cornelison, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28426 was adopted on its first reading by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........................ 7.
NAYS: None .......
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of James F. Douthat,
Attorney, representing Emerald Property Management, that a 1.75 acre
tract of land located on South Jefferson Street between Yellow Mountain
Road and 22nd Street, S. W., designated as Official Tax No. 4060601, be
rezoned from RG-1, General kesidential District, to C-1, Office and
Institutional District, subject to certain proffered conditions, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
~.er 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office,)
A report of the City Planning Commission recommending that the
request for rezoning be approved, advising that the proposed use of
the property can resolve some of the parking problems for both the
hospital and the residents of the area; that the plan of development
is a proffered condition of the zoning; that grading is expected to be
minimal; that the existing trees are to be preserved; and consideration
of additional landscaping, lighting, and other site development details
can be addressed further during site plan review and the special excep-
tion permit process, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
7].6
ACTION:
(#28427) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
The motion was seconded by Fir. Trout.
A communication from Ms. Magdalen A. Poff, 2231 Woodcliff Road,
S. E.; Ms. Elizabeth F. Ladd, 2239 Woodcliff Road, S. E.; and Mr. Roy
Debo, 2225 Woodcliff Road, S. E., advising that they are in opposition
to the request, noting that their primary concern is the intrusion of a
business zone in a residential neighborhood; that the rezoning wil)
have an adverse impact on the adjacent homes and inevitably lead to
further assaults by rezoning, was before Council.
It was further noted that they object to the use of the land for
parking with the associated noise and fumes; that they are not com-
forted by plans for leaving trees, which will, without doubt, be cut
down as they wither from auto exhaust, nor the promise of surveillance;
that the lot will attract transient vehicles, and its lights will
disturb the neighborhood; that rather than clear the streets, the lot
will pull vehicles from the hospital's parking garage (assuming it will
actually be open to the public); and the City has continued to build
parking lots in the area, such as the one across from the Rehabilita-
tion Center, without satisfying the hospital's insatiable appetite for
parking.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bittle W. Porterfield, III, 2436 Cornwallis Avenue, S. E.,
appeared before Council, and advised that he has no objection to the
proposed rezoning of the property for use as a parking lot, advising
that he has reviewed the site plan and feels that Roanoke ~morial
Hospital has a quality plan consistent with the location at the gateway
to South Roanoke; and it is his understanding that if this rezoning is
approved, any use for this property other than the proposed parking lot
would be subject to a rezoning.
Mr. Porterfield commented on the future use of this and other pro-
perty owned or controlled by Roanoke Memorial Hospital Association
located south of McClanahan Street, advising that Roanoke Memorial
Hospital is growing and many neighbors in South Roanoke are concerned
about the type and direction of that growth; that specifically, growth
south of McClanahan could prove detrimental to the neighborhoods; and
the City Planning Department should undertake a study of hospital owned
property located south of McClanahan to determine the types of uses
that would be compatible with the preservation of the character of the
neighborhoods.
Mr. Porterfield expressed the opinion that any hospital plans for
development of this property should be discussed during the concept
stage ~th the City Planning Department and with representatives of the
neighborhoods located south of McClanahan and east of South Jefferson
Street; and by including the Planning Department and the neighborhoods
at the concept stage, all parties will benefit.
Ms. Louise M. Klaus, 331 Robin Hood Road, S. E., appeared before
Council and requested that the City Code be amended, as it was with the
Ronald McDonald House property, to allow in this case the parking lot,
only and indefinitely, as a special exception variance, with the sub-
ject property remaining RG-1 zoning, as is the zoning of the Ronald
McDonald House. She pointed out that this would result in the same
usage of the property, as sought by the Roanoke Memorial Hospital, and
it would avoid the existence of any commercial property zoning on South
Jefferson Street, south of the Yellow Mountain Road - McClanahan Street
intersection.
717
I
Mr. James F. Douthat, Attorney, representing the petitioner,
appeared before Council and advised that the request to rezone came
only after his client mistakenly thought it could get a special excep-
tion in the present zoning, and it was not until the public hearing
that his client became aware that a rezoning was in order to construct
the parking lot. He presented a plan of the proposed parking lot which
will provide for 108 parking spaces. He said there is one ingress on
Yellow Mountain Road and possibly both ingress and egress on 22nd
Street. He stated that the parking lot will be used by patients and
employees of the cancer and rehabilitation center and will be heavily
patroled by internal police at night, noting that it will not be
allowed to become an access area for the public and will be properly
maintained as is the Ronald McDonald House and other property in the
a rea.
Following questions and discussion with regard to transitional use
and the new zoning code, Mr. Douthat requested that the following com-
munication addressed to Mr. Bittle W. Porterfield, iii, be entered into
the record for future reference:
"October 9, 1986
Bittle W. Porterfield, III
2436 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Re: 1.7 acre tract of land on S. Jefferson Street
Dear Bittle:
As result of our telephone conversation Wednesday I met
with Bill Hackworth, Assistant City Attorney, to discuss the
proposed rezoning of the 1.75 acre tract of land located on
south Jefferson Street between Yellow F~untain Road and 22nd
Street.
Under its current zoning, RG-1, all uses and structures
permitted in RS Districts, multifamily dwellings, highrise
apartments, and townhouses could be constructed on the pro-
perty under the provisions of §36-95 et seq. and Division 7
and 8 of Article 4 of the Code of the City of Roanoke. ! am
enclosing copies of §36-95 thorugh §36-104 of the Code of the
City of Roanoke and of the petition to rezone filed by
Emerald Property Management for your review. These documents
demonstrate that under the current zoning this property could
be the site of very dense multifami!y development but, if
rezoned, it can be only be used for off-street parking in
substantial compliance with the preliminary site plan
attached to the rezoning petition and for resident housing in
the structure that currently exists on the property.
I
I understand you have expressed concern over the use of
adjacent property should the 1.75 acre tract of land be
rezoned C-1. In this regard, I am enclosing a copy of §36-
296 of the Code of the City of Roanoke entitled "Transitional
Uses." In each of the numbered subparagraphs under §36-296
transitional use is permitted along boundaries of residential
districts only where the "district directly adjoins the side
of a lot" which is zoned either C-1, C-2, C-3, C-4, LM or HM
District. It is my understanding from my conversation with
Bill Hackworth that property across a street does not direct-
ly adjoin the side of a lot because of the intervening street
and, therefore the transitional use provisions of §36-296 do
not apply. I further understand that the City of Roanoke is
currently holding public hearings in the hope of adopting
zoning regulations which do not permit transitional uses
under any circumstances.
The proposed rezoning will allow the building on this
property to continue to be used as resident housing and the
remaining property to be developed into a professionally
landscaped parking lot which blends with the existing topo-
graphy. I trust you will agree that the use of existing land
718
ACTION:
contours and vegetation will allow this property to become a
useful and pleasing compliment to the surrounding neighbor-
hood. I know you are familiar with the landscaping and
appearance of the Ronald McDonald House and the Roanoke
Memorial Hospital Rehabilitation Center and feel, as I do,
that the 1.75 acre tract of land will be tastefully and
attractively landscaped and maintained so ~shat it will be an
asset to the community.
If you have any further questions with regard to this
matter please do not hesitate to contact me hnmediately.
Very truly yours,
S/James F. Douthat
James F. Douthat"
No other persons wishing to address Council with regard to the
request for rezoning, Ordinance No. 28427 was adopted on its first
reading by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Garland .... ---6.
NAYS: None .... _ ..... O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Roanoke Memorial Hospitals.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Edward A. Natt,
Attorney, representing Gary E. Dogan and John Lee Davenport, that a
tract of land located at 908 12th Street, S. E., designated as Official
Tax No. 4120701, be rezoned from RD, Duplex Residential District, to
C-2, General Commercial District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday, Octo-
ber 24, 1986, and Friday_October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request for rezoning be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
"AN .12DINANCE to amend §§S6-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No.
412, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to
certain conditions proffered by the applicant."
The motion was seconded by Mr. Garland.
Mr. William Vaughan, 804 Shelbourne Avenue, Vinton, Virginia,
appeared before Council and expressed concern regarding increased traf-
fic that would be generated by another business. He said if Council
permits residences to be turned into businesses, it will not be long
before another Williamson Road is in existence. He stated that the
area needs to remain residential and does not need to be rezoned, espe-
cially with two video stores side by side.
Mr. Kenneth C. King, Jr., Attorney, representing Mr. Luther A.
Duncan, as well as a number of residents and businesses in the
southeast section of the city who are in opposition to the proposed
rezoning, appeared before Council and advised that the petitioners do
not own the property at this time; but want to make a deal to set up a
business, and the neighborhood is strongly opposed. He presented
approximately 133 letters from persons registering opposition to the
rezoning, expressing concern that the residential character of the
neighborhood will be lost by further commercial zoning. He also pre-
sented a petition signed by approximately 17/ persons in opposition to
the proposed rezoning.
(For full text, see petition and communications on file in the City
Clerk's Office.)
Mr. King presented a three minute video of the area proposed to be
rezoned.
Mr. King advised that the rezoning would be an encroachment into
what is otherwise an entire residential block, noting that it is a uni-
que and distinguished neighborhood of the people who are the heart and
hands of the community, and they are in opposition to the proposed
rezoning.
Mr. Edward A. Natt, Attorney, representing the petitioners,
appeared before Council and advised that the request is a conditional
rezoning, with the sole commercial use of the property being a video
store. He said the purpose of the rezoning is to utilize the property,
and not to further a real estate transaction as stated by Mr. King.
Mr. Natt presented communications from Ms. Mary S. Early, 909 13th
Street, S. E., and Ms. Viola Holt, 1016 12th Street, S. E., Ms. Early
being an adjoining property owner, supporting the proposed rezoning
because the effect of the traffic in the area has seriously limited the
usefulness of property on Highland/Bullitt Avenues for residential use,
and much of the property in the area is no longer owner accupied which
should be taken into consideration.
Mr. Natt said the zoning issue is, what is the highest and best
use of the property and submitted that the highest and best use is to
allow this particular property to be used as a video store. He said
the City Planning staff report states that traffic will not be a
problem b[cause this is not the type of business that generates traffic
to the site, advising that this business will have its own parking on
site. He noted that the staff report a'lso points out that there is a
neighborhood in existence but this particular piece of property, in its
present condition, does not fit into the continued residential develop-
ment of the area; and the residential quality of the neighborhood will
not be hurt by the rezoning. Mr. Natt stated that this is not the sole
commercial island on the other side of Bullitt Avenue. He added that
this is a situation where the property owner will purchase the pro-
perty, improve and maintain it, noting that the community will benefit
as a whole because this house will not be allowed to continue to
deteriorate. Mr. Natt urged that Council concur in the recommendation
of the City Planning Commission and staff and approve the proposed
rezoning.
Question was raised as to whether meetings were held in the neigh-
borhood to discuss the proposed rezoning; whereupon, Mr. Natt advised
that his clients have talked with some of the persons in the immediate
block around the property in question, but no neighborhood meetings
have been held because much of the property is not owner occupied.
Mr. Jay Martin, 1308 Dale Avenue, S. E., appeared before Council
and advised of noise and other disturbances as a result of the rezoning
for the Bojangles Restaurant, noting that that particular rezoning was
not in the best interest of the neighborhood.
Following discussion of the matter, Mr. Harvey offered a substi-
tute motion that the request for rezoning be referred back to the City
Planning Commission for further study, report and recommendation to
Council, and that Mr. Natt be given the opportunity to meet with pro-
perty owners and the Southeast Action Forum, Inc., to address concerns.
The substitute motion was seconded by Mr. Musser and unanimously
adopted.
719
720
ACTION:
Mr. Natt inquired if the City Planning Commission and City Council
public hearings could be advertised simultaneously; whereupon, the City
Attorney advised that he felt Mr. Natt's request could be accommodated.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 10, 1986, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of the City
of Roanoke that Coveland Drive, N. W., he temporarily closed to through
traffic by barricading or blocking said road at its intersection with
the east side of Ferncliff Avenue, P.. W., the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Cove-
land Drive be temporarily barricaded at the eastern side of Ferncliff
Avenue, N. W., until the Hershberger Road improvements are completed;
and that City staff provide an analysis of traffic flows in the area
within 30 days of the installation of the barricade, was before
Council.
It was explained that the Commifsion remains concerned that the
proposed barricade location is not the location chosen and recommended
by the majority of neighborhood residents, and that the solution may
benefit only a portion of the neighborhood ~ile increasing traffic
problems for residents on Ferncliff Avenue.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28428) AN ORDINANCE authorizing the temporary closure of Cove-
land Drive, N. W., by barricading it at the eastern side of Ferncliff
Avenue, N. W.
(For full text of Ordinance, see Ordinance Book No. 50, page 19.)
The motion was Jeconded by Mr. Harvey.
No person wishing to address Council with regard to the request,
Ordinance No. 28428 was adopted on its first reading by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ..........
At 9:00 p.m., the Mayor declared the meeting in recess.
At 9:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter pertaining to litigation.
GAME2~. OP 121fJ~~ WOI~C'. IH E~''~
OPERATION RIr PORT
rod
267
A communication from the Greater Raleigh Court Civic League in
support of Phase Ill of the Parks Plan Implementation Program was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
recommendation of the Committee.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Harvey moved that the report of the City Manager and com-
munication from the Greater Raleigh Court Civic League be received and
filed. The motion was seconded by Mr. Musser and unanimously adopted.
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a co~mnittee appointed by the Mayor to tabulate bids
received for air conditioning and related work at Mountain View
Recreation Center, 714 Thirteenth Street, S. W., presented a written
report on behalf of the committee transmitting the following recommen-
dations:
Authorize the City Manager to enter into a contrac-
tual agreement with Johnston-Vest Electric Corpora-
tion for the project, in accordance with contract
documents as prepared by the City Engineer~s
Office, in the amount of $10,896.00 and thirty con-
secutive calendar days for completion.
Appropriate $13,0D0.00 from the CMERP account to be
transferred to the Capital Projects fund to an
account to be established by the Director of
Finance; $10,896.00 contract amount plus $2,104.00
project contingency amount.
The City Manager submitted a written report concurring in the
recmnmendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29169) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an anergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 615.)
ACTION: Mr, Garland moved the adoption of the Ordinance, The motion was
seconded by Mrs, Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harwy, Musser,
Trout and Mayor Taylor .................. 7.
NAYS: None ................. O.
Mr. Garland offered the following emergency Ord~.nance:
(#29170) AN ORDINANCE accepting the bid of Johnston-Vest Electric
Corporation for performing air conditioning and related work at
Mountain View Center, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 616.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
268
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None ..................................................... O.
BUDGET-PUBLIC WORKS: Council Member Robert A. Garland, Chairman
of a co~n~ttee appointed by the Mayor to tabulate bids received for a
radiant heat system for the garage at the Public Works Service Center,
presented a written report on behalf of the co~mnittee, transmitting
the following recommendations:
Authorize the City Manager to enter into a contrac-
tual agreement with Joe A. Prillaman Heating & Air
Conditioning, Inc., for a radiant heat system for
the Garage at the Public Works Service Center, in
accordance with contract documents as prepared by
the City Engineer's Office, in the amount of
$45,090.00 and 26'consecutive calendar days.
Appropriate $47,400.00 from the following account
to Account No. 001-052-4330-3056:
Maintenance of Fixed Assets
Account No. 001-002-9410-2201
$47,400.00
$45,090.00 for contract amount and $2,310.00 for
project contingency amount, for a total of
$47,400.00.
The City Manager submitted a written report concurring in the
recommendations of the comnittee.
(For ~ull text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29171) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 616.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ....... O.
Mr. Garland offered the following emergency Ordinance:
(#29172) AN ORDINANCE accepting the bid of Joe A. Prillaman
Heating & Air Conditioning, Inc., for installation of a radiant heat
system in the Public Works Service Center Garage, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such ~rk;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 617.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... ----7.
NAYS: None ........... O.
269
ACT[ON:
AIRPORT: A report of the committee appointed to tabulate bids
received for bit~ninous concrete overlays and pavement profiling of
various streets within the City of Roanoke, having previously placed a
report on the agenda, Council Member Robert A. Garland, Chairman of the
committee, moved that consideration of the matter be deferred until the
next regular meeting of Council to be held on Monday, June 27, 1988, at
2:00 p.m. The motion was seconded by Mr. Harvey and unanimously
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29146 permanently vacating,
discontinuing and closing a portion of the alleyway in Block 32, of the
Deanwood, between Wenonah Street and 7th Street, N. E., running from
Wenonah Street in an easterly direction to a point ten feet from the
eastern lot line of Lot 19 of said block, having previously been before
the Council for its first reading on Monday, June 13, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Garland offering the following for its second reading and final
adoption:
(#29146) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, subject to certain con-
ditions; and establishing an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 599.)
ACT[ON: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...................... 7.
NAYS: None .....................................
ZONING: Ordinance No. 29147 rezoning a tract of land containing
0.719 acre, more or less, lying in the southwest quadrant of the inter-
section of Orange Avenue, N. E., and King Street, N. E., described as
Official Tax No. 7090511, from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered con-
ditions, having previously been before the Council for its first
reading on Monday, June 13, 1988, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29147) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 600.)
ACT[ON: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................... 7.
NAYS: None .......... O.
ZONING: Ordinance No. 29148 rezoning a tract of land containing
approximately 10.74 acres, located on the easterly end of Sand Road,
N. E., designated as Official Tax Nos. 3250801 - 3250804, respectively,
from RM-2, Residential Multi-Family District, to LM, Light Manufactu-
ring District, subject to certain proffered conditions, having pre-
viously been before the Council for its first reading on Monday,
June 13, 1988, read and adopted on its first reading and laid over, was
again before the body, Mr. Musser offering the following for its second
reading and final adoption:
270
ACTION:
ACTION:
(#29148) AN ORD[NANCE to amend §36.1-3, Code of the Cit_v df
Roanoke (1979), as amended, and Sheet No. 325, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject Lo
certain condiLions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 601.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................... 7.
NAYS: None ........ O.
STREETS AND ALLEYS: Ordinance No. 29150 permanently vacating,
discontinuing and closing an alley running between Montclair Avenue and
Kenwood Boulevard, S. E., more specifically running between Lots 19 and
20, Block 16, and approximately 128.1 feet in length, having previously
been before the Council for its first reading on Monday, June 13, 1988,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29150) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, upon certain conditions;
authorizing and directing the construction of a turnaround at the end
of the vacated right-of-way; authorizing the execution of an agreement
pertaining to the construction of the turnaround; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Garland.
Mr. Kenneth R. Sharp, 1906 Kenwood Boulevard, S. E., appeared
before Council and advised that he was told that the second reading of
the ordinance would not be a speaking period; therefore, he was not
prepared to make remarks.
Mr. Sharp called attention to a petition signed by eleven people
in favor of the alley closing. He pointed out that the matter was pre-
sented to Council over a year and one-half ago on the basis of a safety
issue. He said he h~s agreed to pay for a turnaround to meet City Code
requirements so that those individuals who are in opposition to the
alley closing will have access to their garages and garden areas from
Fallon Road, from Montclair Avenue and from Greenbrier Avenue, S. E.
He cited instances of vandalism, property damage, obscene language,
undesirable persons using the alley, fights and domestic quarrels, etc.
He said by closing the alley, these types of activities will be cur-
tailed. He mentioned that some of the persons in opposition live
several blocks away from the alley, and therefore are not familiar with
the activities that occur. He asked that Council vote for the safety
and wellbeing of his family by adopting the appropriate measure to
close the alley.
Ms. Georgie Howell, 1827 Kenwood Boulevard, S. E., appeared before
Council and advised that closure and/or blocking the alley would cause
foot traffic to divert to her yard. She said that blocking the alley
would eliminate a more convenient means of access to her garden plot.
She stated that she has not personally witnessed any of the incidents
referred to by Mr. Sharp.
Ms. Fern Greenway, 1814 Kenwood Boulevard, S. E., appeared before
Council and advised that objections which were raised at the Council
meeting on June 13, 1988, did not seem to be addressed by the Council.
She said she spent a considerable amount of money renovating her garage
when she purchased her home through the Rehabilitation Program, and she
ACTION:
ACTION:
would be denied access to the garage if the alley in question is
closed. She stated that she has not experienced problems with van-
dalism; that she follows an erratic work schedule which causes her to
leave her home at 3:00 a.m., or 4:00 a.m., in the morning and she has
observed none of the incidents referred to by Mr. Sharp. She said
refuse trucks continue to use the alley without difficulty. She added
that the message she received last week from the vote of Council
following considerable discussion by residents, but very little
discussion on the part of Council, was that senior citizens are not
heard.
Ms. Salley Fronk, 1834 Kenwood Boulevard, S. E., appeared before
Council and read a statement from her husband who could not be present
at the meeting, requesting that Council reconsider the vote to the
alley from Kenwood Boulevard to Montclair Avenue, S. E.; advising that
citizens were not treated fairly at the Council meeting on June 13
inasmuch as several citizens who wished to speak were not recognized,
and it was felt that no decision should have been made by the Council
until all parties involved were heard. He pointed out that he does not
have a driveway beside his house; therefore, his garage can only be
reached by way of the alley requested to be closed. He noted that in
bad weather he cannot reach his garage because of a steep grade by way
of Greenbrier Avenue. On behalf of senior citizens and other persons
who will be affected by the closure of the alley, he requested that
Council deny Mr. Sharp's request. Mrs. Fronk said that she and her
husband are not against Mr. Sharp purchasing the necessary property for
a private drive as long as affected citizens are provided with access
from Kenwood Boulevard. She pointed out that if the City wi11 provide
the necessary right-of-way, the citizens in the area will construct
their own entrance.
The Mayor advised that the City has been unable to find a position
by which the members of the immediate area can agree. He said he would
be willing to meet with members of the community to try to reach a
satisfactory compromise and suggested that Council delay the vote on
the second reading of Ordinance No. 29150.
it was agreed by a majority of the citizens in attendance that a
meeting to be held in the neighborhood would be beneficial.
Mr. Harvey offered a substitute motion that the vote on the second
reading of Ordinance No. 29150 be held in abeyance; and that the Mayor
and any Member of Council who would care to attend, the City Manager
and the Director of Public Works be requested to meet with citizens in
the community to try to reach a satisfactory compromise and report back
to Council at a later date. The motion was seconded by Mrs. Bowles and
unanimously adopted.
COUNCIL: Mr. Garland offered the following Resolution providing
that the regular meeting of the Council of the City of Roanoke sche-
duled for 7:30 p.m., on Monday, July 11, 1988, shall be held at
8:00 p.m., on the same date:
(#29173) A RESOLUTION providing that the regular meeting of the
Council of the City of Roanoke scheduled for 7:30 p,m. on July 11,
1988, shall be held at 8:00 p.m. on the same date.
(For full text of Resolution, see Resolution Book No. 50, page 618.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ....... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
iNQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
271
OTHER HEARINGS OF CITIZENS: NONE.
272
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
At 4:05 p.m., the t~yor declared the meeting in recess.
At 5:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and al! Members of the Council in attendance.
WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year
terms of David H. Burrows, Lucian A. Durham, Jr., James N. Kincanon,
Philip H. Lemon, Richard L. Meagher, James B. Osborne, Thomas D.
Taylor, Robert W. Woody and James H. Buck as members of the Advisory
Committee - Crystal Spring Pumping Station, will expire on June 30,
1988; that ..Messrs. Durham and Osborne have declined to serve another
term; and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of David H. Burrows,
Philip H. Lemon, Thomas D. Taylor, Robert W. Woody, James H. Buck and
James N. Kincanon.
There being no further nominations, Messrs. Burrows, Lemon,
Taylor, Woody, Buck and Kincanon were reelected as members of the
Advisory Committee - Crystal Spring Pumping Station, for terms of one
year each ending June 30, 1989, by the following vote:
FOR MESSRS BURROWS, LEMON, TAYLOR, WOODY, BUCK AND KINCANON:
Council Members Bowers, Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor .......................... 7.
Mrs. Bowles moved that the City residency requirmnent for Mr. Buck
be waived in this instance. The motion was seconded by Mr. Musser and
unanimously adopted.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
terms of Robbie H. Burton, James D. Ritchie, Stanley R. Hale, Harold P.
Kyle, Raleigh Campbell, Bernice F. Jones and Alphonso McCain as members
of the Citizens' Services Committee will expire on June 30, 1988, and
called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of James D. Ritchie,
Stanley R. Hale, Bernice ~. Jones, Raleigh Campbell, Robbie H. Burton
and Alphonso McCain.
There being no further nominations, Mr. Ritchie, Mr. Hale, Ms.
Jones, Mr. Campbell, Ms. Burton and Mr. McCain were reelected as mem-
bers of the Citizens' Services Committee for terms of one year each
ending June 30, 1989, by the following vote:
FOR MR. RITCHIE, MR. HALE, MS. JONES, MR. CAMPBELL, MS. BURTON AND
MR. MCCAIN: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
Mrs. Bowles moved that the City residency requirement for Mr.
Ritchie be waived in this instance. The motion was seconded by Mr.
Musser and unanimously adopted.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that the three
year terms of L. Graham Haynie, Jack C. Smith and William F. Hawkins as
members of the Economic Development Commission will expire on June 30,
1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of L. Graham Haynie,
Jack C. Smith and William F. Hawkins.
There being no further nominations, Messrs. Haynie, Smith and
Hawkins were reelected as members of the Economic Development
Commission for terms of three years each ending June 30, 1991, by the
fol 1 owl ng vote:
FOR MESSRS. HAYN[E, SMITH AND HAWKINS: Council Members Bowers,
Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor .............. 7.
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The Mayor advised
that the three year terms of Ross C. Hart and John R. Marlles as m~n-
bers of the Fifth Planning District Commission will expire on June 30,
1988, and called for nominations to fill the vacancies.
ACT ION:
ACT[ON:
ACTION:
ACT[ON:
Mrs. Bowles placed in nomination the name of John R. Marlles.
There being no further nominations, Mr. Marlles was reelected as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 1991, by the following vote:
FOR MR. MARLLES: Council Members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ....................................... 7.
FLOOD CONTROL: The Mayor advised that the one year terms of Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim Sailors, George L.
Pitzer, James F. Williams, Robert H. Bennett, Jr., Charles F.
Herberger, Charles R. Minter and Terry N. Grimes as members of the
Flood Plain Committee, will expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Edgar V. Wheeler,
Read A. Lunsford, J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer,
James F. Williams, Robert H. Bennett, Jr., Charles F. Herberger,
Charles R. Minter and Terry N. Grimes.
There being no further nominations, Messrs, Wheeler, Lunsford,
Hopkins, Sailors, Pitzer, Williams, Bennett, Herberger, Minter and
Grimes were reelected as members of the Flood Plain Con~nittee for
tenns of one year each ending June 30, 1989, by the following vote:
FOR MESSRS. WHEELER, LUNSFORD, HOPKINS, SAILORS, PITZER, WILLIAMS,
BENNETT, HERBERGER, MINTER AND GRIMES: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ...................... 7.
Mrs. Bowles moved that the City residency requirement for Messrs.
Sailors and Herberger be waived in this instance. The motion was
seconded by Mr. Musser and unanimously adopted.
SCHOOLS: The Mayor advised that the one year terms of Beverly T.
Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Edlich, iii, Richard A.
Dearing, Warner N. Dalhouse, Katherine A. Roche and Vaunda Leftwich as
members of the Jefferson High School Committee will expire on June 30,
1988, and called for nominations to fill the vacancies.
Mrs. Bowl es placed in nomination the names of Beverly T,
Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Edlich, Iii, Richard A.
Dearing, Warner N. Dalhouse, Katherine A. Roche and Vaunda Leftwich.
There being no further nominations, Mr. Fitzpatrick, Mr. Fralin,
Mr. Edlich, Mr. Dearing, Mr. Dalhouse, Ms. Roche and Ms. Leftwich were
reelected as members of the Jefferson High School Committee for terms
of one year each ending June 30, 1989, by the following vote:
FOR MR. FITZPATRICK, MR. FRALIN, MR. EDLICH, MR. DEARING, MR.
DALHOUSE, MS. ROCHE AND MS. LEFTWICH: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ...................... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Robert N. Fishburn, M. Carl Andrews, Betty C. Winfree, Carl H.
Kopitzke, Frances S. Boon and L. Thompson Hanes as members of the Mill
Mountain Development Committee will expire on June 30, 1988, and called
~or no[;~inations to fill the vacancies.
Mrs. Bowles placed in nomination the names of M. Carl Andrews,
Betty C. Winfree, Carl H. Kopitzke, Frances S. Boon and L. Thompson
Hanes,
There being no further nominations, Mr. Andrews, Ms. Winfree, Mr.
Kopitzke, Ms. Boon and Mr. Hanes were reelected as members of the Mill
Mountain Development Committee for terms of one year each ending
June 30, 1989, by the following vote:
FOR MR. ANDREWS, MS. WINFREE, MR. KOPITZKE, MS. BOON AND MR.
HANES: Council Members Bowers, Bowles, Garland, Harvey, Musser, Trout
and Mayor Taylor ......... . .... --7.
PERSONNEL: The Mayor advised that the three year terms of R. P.
Shelor, Mozelle A. Scott and John R. Larew as members of the Personnel
and Employment Practices Commission will expire on June 30, 1988, and
called for nominations to fill the vacancies.
273
274
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination tile nmnes of R. P. Shelor,
Mozelle A. Scott and John R. Larew.
There being no further nominations, Mr. Shelor, Ms. Scott and Mr.
Larew were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each ending June 30,
1991, by the following vote:
FOR MR. SHELOR, MS. SCOTT AND MR. LAREW: Council Members Bowers,
Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor .............. 7.
TAXES: The ~.layor advised that the two year terms of Maury L.
Strauss, Percy T. Keeling and James R. Sprinkle as members of the
Revenue Study Commission will expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the name of Maury L. Strauss,
Percy T. Keeling and James R. Sprinkle.
There being no further nominations, Mr. Strauss, Mr. Keeling and
Mr. Sprinkle were reelected as members of the Revenue Study Commission
for terms of three years each ending June 30 1991 by the following
vote: ' '
FOR MR. STRAUSS, MR. KEELING AND MR. SPRINKLE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ...... 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of John W. Creasy, Elizabeth H. Muse, Kemper A. Dobbins and
Timothy L. Jamieson as members of the Roanoke Arts Conini ssi on will
expire on June 30, 1988, and called for nominations to fill the vacan-
cies.
Mrs. Bowles placed in nomination the names of John W. Creasy,
Elizabeth H. Muse, Kemper A. Dobbins and Timothy L. Jamieson.
There being no further nominations, Mr. Creasy, Ms. Muse, Mr.
Dobbins and Mr. Jamieson were reelected as members of the Roanoke Arts
Commission for terms of three years each ending June 30, 1991, by the
following vote:
FOR MR. CREASY, MS. MUSE, MR. DOBBINS AND MR. JAMIESON: Council
Members Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor
Taylor ......................... ----7.
LIBRARIES: The Mayor advised that the three year terms of
Frank J. Eastburn, Dean H. Morrow, Evans B. Jessee and Gertrude Lowery
as members of the Roanoke Public Library Board, will expire on June 30,
1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Frank J. Eastburn,
Dean H. Morrow and Evans B. Jessee.
There being no further nominations, Mr. Eastburn, Ms. Morrow and
Mr. Jessee were reelected as members of the Roanoke Public Library
Board, for terms of three years each, ending June 30, 1991, by the
following vote:
FOR MR. EASTBURN, MS. MORROW AND MR. JESSEE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ...... 7.
CELEBRATIONS: The Mayor advised that the one year terms of
Katherine A. Roche, Dana B. Lee, Carol B. Dalhouse, Marionette Sprauve'
Boreham Boyd Johnson, Greg Feldmann, Samuel G. Oakey, Jr., Marc J.
Small, James C. Butler, Greg T. Trafidlo, Menica Loughridge and
Elizabeth A. Muller as members of the Special Events Committee will
expire on June 30, 1988, that Ms. Muller has declined to serve another
term, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Katherine A. Roche,
Dana B. Lee, Carol B. Dalhouse, ,Marionette Sprauve', Boreham Boyd
Johnson, Greg Feldmann, Samuel G. Oakey, Jr., Marc J. Small, James C.
Butler, Greg T. Trafidlo and Monica Loughridge.
275
ACTION:
There being no further nominations, Ms. Roche, Ms. Lee, Ms.
Dalhouse, Ms. Sprauve', Mr. Johnson, Mr. Feldmann, Mr. Oakey, Mr.
Small, Mr. Butler, Mr. Trafidlo and Ms. Loughridge were reelected as
members of Lhe Special Events Committee for terms of one year each
ending June 30, 1989, by the following vote:
FOR MS. ROCHE, MS. LEE, MS. DALHOUSE, MS. SPRAUVE', MR. JOHNSON,
MR. FELDMANN, MR. OAKEY, MR. SMALL, MR. BUTLER, MR. TRAFIDLO AND MS.
LOUGHRIDGE: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................ 7.
WAR MEMORIAL: The Mayor advised that the one year term of
Thomas R. Plymale, William B. Bagbey and Alfred C. Moore as members of
the ~lar Memorial Committee will expire on June 30, lg88, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Thomas R. Plymale,
Will}am B. Bagbey and Alfred C. Moore.
ACTION:
ACTION:
There being no further nominations, Mr. Plymale, Mr. Bagbey and
Mr. Moore were reelected as members of the War Memorial Committee for
terms of one year each ending June 30, 1989, by the fo] ]owing vote:
FOR Fir. PLYMALE, MR. BAGBEY AND MR. MOORE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ...... 7.
Mrs. Bow]es moved that the City residency requirement be waiv.~
for Mr. Plymale in this instance. The motion was seconded by Mr.
Musser and unanimously adopted.
PENSIONS: The Mayor advised that the four year term of Delmar L.
Irving, and the two year term of Frances S. Boon as members of the
Board of Trustees, City of Roanoke Pension Plan, will expire on
June 30, 1988, and cal]ed for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Delmar L. Irving and
Frances S. Boon.
ACT[ON:
There being no further nominations, Mr. Irving was reelected for a
term of four years ending June 30, 1992, and Ms. Boon was reelected for
a term of two years ending June 30, 1990, as members of the Board of
Trustees, City of Roanoke Pension Plan, by the following vote:
FOR MR. IRVING AND MS. BOON: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ............. 7.
FIRE DEPARTMENT; The Mayor advised that the four year terms of
Ronald O. Crawford, Michael K. Quinn and Ross C. Hart as members of the
Board of Fire Appeals will expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Ronald O. Crawford
and Michael K. Quinn.
ACTION:
There being no further nominations, Messrs. Crawford and Quinn
were reelected as members of the Board of Fire Appeals for terms of
four years each ending June 30, 1992, by the fo]lowing vote:
FOR MESSRS. CRAWFORD AND QU[NN: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ................ 7.
There being no further business, the t~yor declared the meeting
adjourned at 5:30 p.m.
APPROVED
.~~.~_.ATTE ST: ~
City C1 erk
276
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 27, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 27, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C, Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~197~'), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert Ao Garland,
James G, Harvey, ii, Howard E. Musser, James O. Trout and Mayor Noel C.
Tayl or ............. 6.
ABSENT: Council Member David A. Bowers .............................. 1.
OFFICERS PRESENT: Earl B, Reynolds, Jr., Assistant City Manager;
Wilburn C, Dibling, Jr., City Attorney; Jesse A. Hall, Administrator of City
Accounting Services; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ethel Eaves,
Associate Pastor, Pilgrim Baptist Church.
lhe Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
On June 30, 1988, the four year term of Council Member James G.
Harvey, ii, will expire. In recognition of services rendered by
Council Member Harvey to the citizens of the City of Roanoke during his
tenure as Vice-Mayor and Council Member from July 1, 1980 through
June 30, 1988, the Mayor and Members of Council expressed sincere
appreciation.
ACTION:
Mr. Musser offered the following Resolution:
(#29174) A RESOLUTION recognizing and commending the Honorable
James G. Harvey, Ii, Member of City Council.
(For full text of Resolution, see Resolution Book No. 50, page 618.)
Mr. Musser moved the adoption of Resolution No. 29174. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Mayor
Tayl or ....... 5.
NAYS: None ..... , ........ O.
(Council Member Bowers was absent.) (Council Member Harvey abstained
from voting.)
ACTION: Mr. Garland presented Mr. Harvey with a framed copy of Resolution
No. 29174.
ACTION: Mrs. Bowles presented Mr. Harvey with a framed Certificate of
Appreciation.
ACTION: Mr. Trout presented Mr. Harvey with a Virginia Cup with the
Roanoke City Seal affixed thereto.
ACTION: Mr. Musser presented Mr. Harvey with an engraved plaque setting
forth his years of service.
Further tribute was paid to Mr. Harvey at a reception in his honor
on June 27, 1988, at 4:00 p,m., in the Atrian of the Roanoke City
Courthouse.
277
ACT [ON:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the fon~s listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
FIRE DEPARTMENT: A report of the City Manager with regard to the
the Municipal Fire Alarm System, was before Council.
The City Manager advised that information was requested by Council
Member Harvey concerning the alarms received on the MFAS since the
9-1-1 telephone system went live on October 5, 1987, and transmitted a
summary of all alarms received on the MFAS from October 5, 1987,
through May 31, 1988.
Total number of alarms received
Total number of false al arms
Percentage of false al arms
497
428
86%
Sources of false alarms:
Residential Street Boxes
Non-Residential Street
Boxes
Master Boxes
Master Boxes
182 Malicious False
A1 arms
19 Malicious False
A1 arms
24 Malicious False
A1 arms
203 Non-Malicious
Fals- A1 arms
It was noted that the percentage of false alarms received through
the MFAS has remained high; that statistics and other issues related to
the MFAS have been evaluated in a draft report currently being reviewed
by the City Administration; and although the review is not complete,
significant changes in the MFAS will be required to accomplish the two
key objectives, viz:
Maintain a certain )evel of Municipal Fire
Alarm System for public safety purposes.
2. Si gni fi cantly reduce the fal se al arm
experience caused by this system.
The City Manager advised that a report and recommendation will be
presented to Council ]ater in the year.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor .......... 6.
NAYS: None .......
(Council Member Bowers was absent.)
-0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
278
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1~344 (a) (1), Code of
V~r§inia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .... . ................ 6.
NAYS: None ...........................
(Council Member Bowers was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
AIRPORT: A communication from Mr. Wilburn C. Dibling, Jr.,
General Counsel, Roanoke Regional Airport Commission, advising that in
accordance with the requirements of the Roanoke Regional Airport
Commission Act, the Commission transmitted ils 1988-89 budget to the
City of Roanoke and to Roanoke County by letter dated February 12,
1988; and since the budget did not include any deficit, to date neither
participating political subdivision has formally approved the budget,
was before Council.
It was explained that the Commission has been advised by its bond
counsel that, although not required, formal approval by resolution of
the Commission's budget would be appropriate; therefore, Mr. Diblin9
transmitted copy of the Roanoke Regional Airport Commission's budget
for fiscal year 1988-89 to Council for approval by resolution.
(For full text, see communication on file in the City Clerk's Office.)
A joint report of the City Manager and the Director of Finance
advising that they have reviewed the report of General Counsel for
fiscal year 1988-89 Roanoke Regional Airport Commission budget, and
concur in Mr. Dibling's recommendation to adopt a resolution approving
same, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(.~29175) A RESOLUTION approving the Roanoke Regional Airport
Commission budget for FY 1988-1989, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 619.)
Mrs. Bowles moved the adoption Resolution No. 19175. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ................. -6.
NAYS: None-- -0.
(Council Member Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council close 34 school grants which have been
completed, advisin9 that a net decrease in appropriation of $227,535.00
is the result of changes in Chapter ! budgets and adjustments in other
programs according to the level of participation by eligible students,
was before the body,
(For full text, see communication on file in the City Clerk's Office.)
279
Ii
ACTION:
A report of the Director of Finance advising that he has reviewed
the request of the School Board to close certain grants; that the
grants have been completed and transmitting a budget ordinance which
will adjust the budget for each grant to the amount of actual revenue
received and expenditures incurred; and reco~m~ending that Council con-
cur in the request of the School Board, was also before the body.
The grants to be closed are as follows:
Chapter I Winter 124-87-1
Chapter I Summer 124-87-2
Chapter I Carryover 124-87-3
Chapter II 86
Vocational Guidance 86
Alternative Education 87
Licensed Practical Nursing
Transitional Services 86
Special Education Inservice 86
Bureau of Crippled Children 87
Juvenile Detention Home 87
Child Development Clinic 87
Special Education Program Evaluation
Transitional Services 87
Special Education Tuition 87
Special Education Inservice 87
Preschool Incentive 87
Traffic Safety Program
ABE Dissemination Conference
GED Test 87
Apprenticeship 87
ABE/DIAL 87
Vocational Guidance 87
Vocational Equipment 87
Writer in Residence 86
Artist in Education 87
Impact Aid 87
Instructional Services for Disadvantaged
Roanoke Valley Consorti~n School Divisions
Governor's School 87
Project Discovery 87
Regional Science Fair 87
Chess Program 87
Energy Management System
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29176) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
{For full text of Ordinance, see Ordinance Book No. 50, page 620.)
Mr. Trout moved the adoption of Ordinance No. 29176. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ..................... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
BUDGET-SCHOOLS: A co~unication from the Roanoke City School
Board requesting that Council appropriate $217,140.00 in capital funds,
advising that the funds will be used to meet safety requirements of the
Virginia Public Building Safety Improvements Act as applied to school
buildings, was before the body.
The School Board further requested that Council appropriate funds
to the following school accounts:
28O
Grant No. 6414 - $35,680.00 for the 1988 Summer'
Youth Title [[-A Program to pro-
vide teenage mothers specialized
training in marketable occupa-
tions, and also provide vocational
training for vocational trades
students during the s~nmer months.
The program is one hundred per
cent reimbursed by Federal funds.
Grant No. 6563 - $585,689.00 for the 1988-89 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The program is
one hundred percent reimbursed by
state and federal funds.
Grant No. 6564 - $42,512.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6565 - $53,127.00 for the Bureau ol=
Crippled Children Program to pro-
vide funds for the salary and
expenses of the educational coor-
dinator at the bureau. The
program is one hundred percent
reimbursed by state funds.
Grant No. 6566 - $34,121.00 for the' Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the educational coordinator at
the home. The program is one
hund red percent reimbursed by
state funds.
Grant No. 6733 - $110,854.00 for the 1988-89
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instruction for students in
the apprenticeship program. The
program is one hundred percent
reimbursed by state funds.
Grant No. 6734 - $97,806.00 for the ABE/DIAL
Program to provide funds for adult
basic education for persons who
have not completed high school and
for the instruction of adults,
using recorded tapes accessed by
telephone. The pregram is reim-
bursed in tile amount of $75,806.U0
by federal funds with local match
in the amount of $22,000.00.
Grant No. 6735 - $6,988.00 for the GED Testing
Program to provide instructors for
the administration of~ the GED exa-
minations. The source of f~unds
will be student fees.
Grant No. 6940 - $620,969.00 for the 1988-89
Governor' s School Program to
provide science instruction to
gifted high school students from
Roanoke City and six other school
281
ACTION:
divisions. The program will be
supported by state funds and
tuition collected from the school
divisions which enroll students at
the school.
Grant No. 6941 - $32,215.00 for the Impact Aid
Program to provide funds for the
continuing employment of the
Coordinator of Grants and
Research. The program is one
hundred percent reimbursed by
federal funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that eight of the
grants are funded with one hundred per cent Federal or State funding or
tuition; that the ABE DIAL grant requires a local match of $22,000.00,
and the Governor's School grant requires a local match of $166,500.00;
and funding for the local match amounts is available in the Instruction
category for the fiscal year 1988-89 Education portion of the General
Fund, in the following accounts, was also before the body.
Matching Funds (001-060-6001-6450-0588) $ 22,000.00
Tuition (001-060-6001-6307-0382) 166,500.00
The Director of Finance recommended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29177) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 623.)
Mr. Trout moved the adoption of Ordinance No. 29177. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor. 6.
NAYS: None .......... O.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: The Assistant City Manager submitted a written
report on behalf of the City Manager with regard to automobile mileage
reimbursement, advising that mileage reimbursement at the rate of .21)z
per mile for the first 15,000 miles and .110)z per mile for additional
travel per fiscal year has been made to City employees utilizing their
personal automobiles in the performance of City business; noting that
the rate was established on September 25, 1988.
It was explained that mileage reimbursement rates paid by the
Commonwealth have been increased by action of the 1988 General Assembly
establishing the following rates:
282
ACT[ON:
.225~ per mile for the first 15,000 miles
.110~ per mile for additional miles of such use in
a fiscal year
It was further explained that July 1, 1988, is the effective date
relative to mileage reimbursement; that the Internal Revenue Service
permitted the same mileage rates to be utilized in determining deduc-
tible costs for business use of personal cars For calendar year 1987;
and Resolution No. 28360, adopted on September 25, 1986, should be
amended in order to permit payment of new reimbursement rates.
The City Manager recommmended that Council establish an increased
mileage reimbursement rate of .225~ per mile for the first 15,000
miles, .110~ per mile for all additional miles in the fiscal year,
effective upon passage by Council, for all City employees authorized to
receive mileage reimbursement for business use of their personal auto-
mobile, effective July 1, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowl es offered the following Re sol uti on:
(#29178) A RESOLUTION establishing the rate of reimbursement per
mile to be paid to officers and employees of the City for use of priva-
tely owned personal motor vehicles on City business; and providing for
an effective date.
(For full text of Resolution, see Resolution Book No. 50, page 626.)
Mrs. Bowles moved the adoption of Resolution No. 29178. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .............. 6.
NAYS: None ..............
(Council Member Bowers was absent.)
BUDGET-CITY SHERIFF-CITY JAIL: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
new Roanoke City Jail facility was completed and occupied in June,
1979, with a rated inmate capacity of 163, and with 209 available beds,
with a jail staffing level of ?l personnel; that an addition 1o the
jail facility, completed in February, 1987, increased the rated inmate
capacity of the facility to 236, with an additional 100 beds, for a
total of 309 available beds; that inmate population has increased from
162 (June, 1979) to almost 300 inmates at times on weekends; that the
average daily population for fiscal year 1986-87 was 244, and average
daily population for the first eleven months of fiscal year 1987-88 was
253.
It was explained that the jail personnel staffing level was set at
77 positions when the facility was occupied in June, 1919; that this
level presently totals 92 positions, an increase of only 15 positions;
that staffing studies for jail personnel were conducted in 1987 by mem-
bers of the Department of Corrections, Adult Community Facilities,
Roanoke Sheriff's Department and the Department of Criminal Justice
Services; and studies indicated a need for additional jail staffing
ranging from 15 to 32 positions.
It was further explained that a request for 26 additional staff
positions was made by the City Sheriff to the State Compensation Board
for' funding in fiscal year 1987-88; that the request was not approved
in the July 1, 1987, budget package and a notice of appeal was filed
with the Board on July 2, 1987; and 11 staff positions were approved
by the State Compensation Board on August 12, 1987, with the promise of
granting additional positions in fiscal year 1988-89, as a result of
the City Sheriff's appeal.
283
ACT[ON:
The City Manager advised that a request for ten additional staff
positions was made by the City Sheriff to the State Compensation Board
for lundin§ in fiscal year 1988-89; that the request was made for nine
Deputy Sheriff positions and one Sergeant Deputy Sheriff position; and
nine Deputy Sheriff positions were approved by the State Compensation
Board on June 14, 1988,
The City Manager recommended that Council approve eight additional
Deputy Sheriff positions and one Sergeant Deputy Sheriff pos'iLion as
requested by the City Sheriff; and appropriate $201,133,00 to the
following accounts:
Sal aries 001-024-3310-1002 $15/,645.00
VSRS (Retirement) 001-024-3310-1110 21,613.00
F ICA 001-024-3310-1120 11,839.00
BC/BS 001-024 -3310-1125 8,424. O0
Life Insurance 001-024-3310-1130 1,612.00
Total $201,133.00
Increase the Revenue estimate for the City Jail by
$201,133.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29179) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency ·
(For full text of Ordinance, see Ordinance Book No. 50, page 626,)
Mr, Harvey moved the adoption of Ordinance No. 29179. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or. . .......6.
N~YS: None--
(Council Member Bowers was absent.)
FLOOD REDUCTION: The Assistant City Manager submitted a written
report on behalf of the City Manager with regard to an Updated Letter
of Intent - Roanoke River Flood Reduction Project, advising that the
~:easibility for flood reduction of the Roanoke River has been con-
sidered by the Corps of Engineers and the City since 1969, and
transmitting a history of the project from the 1970's to March 7, 1988.
It was explained that an Updated Letter of Intent has been
requested for a project having a total estimate of $31,010,000.00 and a
local non-federal estimate of $14,490,250.00; that the non-federal cost
is expected to approximate $17,000,000.00 by including cost of recrea-
tion bridges and low water bridges with a benefit to cost ratio of
approximately 1.15 to 1; that the General Design Memorandum cannot be
published until a revlsed Letter of intent is forwarded to th~ Corps of
Engineers; and a bond referendum will have to be delayed until May lgB9
to allow for citizen review of the General Design Memorandum.
The City Manager recommended that Council authorize a non-binding
Letter of Intent in support of the Roanoke River Flood Reduction
Project, with an estimated total cost of $31,000,000.00 and a local
non-federal cost for qualified project elements of $14,490,250.00,
advising that support is subject to a review of the General Design
Memorandum and approval of a Bond Referend~n.
(For full text, see report on file in the City Clerk's Office.)
Mr, Trout offered the following Resolution:
284
ACT[ON:
(#29180) A RESOLUTION authorizing the City Manager to execute a
letter of intent in support of the Roanoke River Flood Reduction
Project, upon certain terns and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 627.)
Mr. Trout moved the adoption of Resolution No. 29180. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
BUDGET-FLOOD REDUCTION-CONSULTANT'S REPORTS: The Assistant City
Manager submitted a written report on behalf of the City Manager with
regard to the Roanoke River Flood Reduction Project, Landscape,
Environmental and Recreation Plan.
The following information was provided as background:
Floods along the Roanoke River have caused
widespread damage to businesses, residences and
public property.
U. S. Army Corps of Engineers has proposed a flood
reduction project consisting of channel widening,
augmented by flood training walls and earthen
dikes. The recommended project al so includes
recreation facilities such as walking/biking trail.
General Design Memorandum (G.D.M.) by the Corps of
Engineers will be published in late July. Since
the G.D.M. details specific design elements along
the River, the City needs to review the doc~ent
and make specific recommendations on plan changes.
Environmental and recreational concerns have been
expressed by citizens reviewing the preliminary
plans. With the proposed flood reduction project,
the overall aesthetic and environmental quality of
the river corridor may be adversely impacted.
Council authorized staff on March 7, 1988, to hire
a consultant to review the G.D.M. and implement an
overall landscape, environmental and recreation
pl an.
It was noted that a ~.~ritten request for Engineering/Architectural/
Landscape Architectural Services Qualification Proposal for the project
was advertised on March 27, 1988, and six responses were received on
April 8, 1988; that interviews were conducted and Lardner/Klein of
Charlottesville, Virginia, was selected as the most qualified firm and
Lardner/Klein will subcontract with Mattern and Craig of Roanoke and
Jones and Jones of Seattle, Washington.
The City Manager recommended that Council award an Engineering
Services Contract, in a fonn approved by the City Attorney, to
Lardner/Klein, for an amount not to exceed $60,000.00; and appropriate
$66,000.00 to an account to be established by the Director of Finance
for the Roanoke River Corridor Plan, such appropriation to be taken
from undesignated capital funds previously designated for the Wiley
Drive Extension Study.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
ACTION:
ACT[ON:
ACTION:
(#29181) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capi tal Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 628.)
Mr. Musser moved the adoption of Ordinance No. 29181. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor .... 6.
NAYS: None ............... O.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29182) AN ORDINANCE authorizing the execution of a contract
with Lardner/Klein to provide engineering, architectural, and landscape
architectural services in connection with the Roanoke River Flood
Reduction Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 641.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .............. 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
WATER DEPARTMENT: The Assistant City Manager submitted a written
report on behalf of the City Manager concurring in a report of a bid
committee with reference to bids for ductile iron water pipe.
The bid committee recommended that Council accept the lowest
responsible bid submitted by U. S. Pipe and Foundry Company, to supply
ductile iron water pipe, for the period July 1, i988 - June 30, 1989;
and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29183) AN ORDINANCE accepting a bid made for providing ductile-
iron water pipe to the City; rejecting other bids; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 629.)
Mr. Garland moved the adoption of Ordinance No. 29183. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ........... 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
BUDGET-WATER DEPARTMENT-UTILITY LINES SERVICES: The Assistant
City Manager submitted a written report on behalf of the City Manager
advising that Council approved funds in the fiscal year 1987-88 budget,
in the amount of $650,000.00, for Water Fund, Account No. 002-056-2160-
7020, Utility Lines Facilities; and funds appropriated represented an
estimate of required maintenance on Water Department facilities by the
Utility Line Facilities Department, such as:
285
286
ACTION:
water line leaks, breaks
set-reset meters
turn on-off meters
meter mainte~ance
adjustments for highway and storm drain projects
It was explained that expenditures of $668,959.55 have been made
as of May 31, 1988, for an over-expenditure of $18,959.55; that the
over-expenditure resulted from inability to cease providing critical
maintenance and operating services to the water system; that
appropriation of $82,000.00 from Water Fund Retained Earnings is needed
to cover the over-expenditure and to provide necessary funds for
Utility Line Facilities, Account No. 002-056-2160-7020, in order that
essential services may be provided through June 30, 1988.
The City Manager recommended that Council appropriate $82,000.00
from Water Fund Retained Earnings to ~later Department, Account No.
002-056-2160-7020, Uti!ity Line Facilities.
(For full text, see report on file in the City Clerk's Olaf|ce.)
Mrs. Bowles offered the roi|owing emergency budget Ordinance:
(#29184) AN ORDINANCE to mnend and reordain certain sections of
the 1987-88 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 630,)
Mrs. Bowl es moved the adoption of Ordinance No. 29184. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ................................. 6.
NAYS: None .......... _ ......... O.
(Council Member Bowers was absent.)
EMERGENCY SERVICES: The Assistant City Manager submitted a writ-
ten report on behalf of the City Manager with regard to Software
Maintenance and Modifications CAD/9-1-1 (Computer Aided Dispatch),
advising that the Enhanced 9-1-1 emergency telephone system was acti-
vated on October 5, 1987; and public acceptance has been demonstrated
by high usage of approximately 65 per cent of all emergency calls being
received on the new 9-1-1 system.
It was explained that the Computer-Aided Dispatch (CAD) is sche-
duled for activation by July 1, 1988; that final testing of CAD and
mobile data temninals is scheduled for September 1988; and ongoing
software maintenance must be provided for this critical public safety
system in order to protect the City's investment and insure the safety
of Roanoke residents.
The City Manager recommended that he be authorized to negotiate a
contract for software maintenance and modification services, in a form
to be approved by the City Attorney, the execution of such contract to
be subject to the approval of Council; that Council appropriate
$55,000.00 from Street Lighting, Account No. 001-052-4150-2022, to
Capital Project Fund, Account No. 001-004-9310-9508; and authorize the
Director of Finance to establish a new account, entitled "CAD/9-1-1
Software Development" in the Capital Project Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29185) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 630.)
287
ACT[ON:
Mrs. Bowles moved the adoption of Ordinance No. 29185. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................................... 6.
NAYS: None-
(Council Member Bowers was absent.)
PUBLIC ASS[STANCE: The Assistant City Manager submitted a written
report on behalf of~ the City Manager advising that the City Manager's
Task Force on Homelessness studied the homeless and ]ow-income housing
situation in Roanoke and presented its findings and recon~endations in
a comprehensive report entitled, "No Place To Call Home" in April,
1987; that the Task Force recommended that emergency bed space be
expanded to meet the demand for shelter and that a day shelter for the
City's homeless be established; and the City Manager appointed a
follow-up task force to evaluate how wel] the report's recommendations
were implemented and to recommend new activities based on future fin-
dings.
m
It was explained that Council accepted an Emergency Shelter
Grants Program entitlement of $26,000.00 on November 16, 1987, pursuant
to Resolution No. 288/2, allocated under the Stuart B. McKinney
Homeless Assistance Act, from the United States Department of Housing
and Urban Development, to provide services to the homeless; that the
City appropriated the funds to an Emergency Shelter Resource fund
enabling local non-profit organizations to apply for f~inancial support
to improve the quality of shelter facilities; and Council concurred in
the recommendation submitted by the City Manager's Follow-Up Task Force
on Homelessness, pursuant to Resolution No. 28963 on January 25, 1988,
and pursuant to Resolution No. 29047 adopted on April 4, 1988, to allo-
cate funds as follows: $20,000.00 to Total Action Against Poverty,
[nc., and $6,000.00 to Roanoke Area Ministries.
It was further explained that Council accepted a second Emergency
Shelter Grant Program award of $4,000.00 from the U. S. Department of
Housing and Urban Development on May 9, 1988, pursuant to Resolution
No. 29087, al]ocated through the fiscal year 1987-88 Further Continuing
Appropriations Act under the Stuart B. McKinney Homeless Assistance
Act; that the City invited proposals from local agencies to assure that
all interested organizations would have an opportunity to submit their
funding requests, with a deadline to submit applications on May 31,
1988; and the City Manager requested the Follow-Up Task Force on the
Homeless to caref~ully review proposals submitted within the designated
time frame and recon~nend the allocation of funds to benefit the citi-
zens of Roanoke.
m
The City Manager advised that Roanoke Area Ministries and Total
Action Against Poverty submitted proposals for l=unding through the
Emergency Shelter Resource Fund; that requests from the two agencies
totaled $6,300.00; viz: $2,300.00 for Roanoke Area Ministries and
$4,000.00 for Total Action Against Poverty; and the Follow-Up Task
Force on the Homeless recommended the following to the City Manager:
$2,300.00 be allocated to Roanoke Area Ministries
for the RAM House project for the purchase of a
washing machine and payment of monthly maintenance
fees; and
$1,700.00 be allocated to Total Action Against
Poverty for the Transitional Living Center project
for utilities.
The City Manager recommended that Council allocate the $4,000.00
Emergency Shelter Resource Funds, as recommended by the Follow-Up Task
Force on the Homeless and that he be authorized to execute the sub-
grant agreements, as follows:
288
ACT iON:
Allocate $2,300.00 to Roanoke Area Ministries for
the RAM House project.
Allocate $1,700.00 to Total Action Against Poverty
for the Transitional Living Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(~29186) A RESOLUTION concurring in the reco.q~nendation of the
City Manager's Follow-up Task Force on Homeless as to the allocation of
Emergency Shelter Resource Funds, and authorizing the execution of the
subgrant agre~nents with Roanoke Area Ministries and Total Action
Against Poverty to administer the funds.
(For full text of Resolution, see Resolution Book No. 50, page 631.)
Mr. Harvey moved the adoption of Resolution No. 29186. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ............................... 6.
NAYS: None ...............
(Council Member Bowers was absent.)
Oe
CITY ATTORNEY:
ANIMALS (COMPLAINTS): The City Attorney submitted a written
report advising that at the Council meeting on June 13, 1988, a citi-
zen, Mr. James M. Brickey, appeared before Council and requested that
Council consider the regulation of cats; that Council referred the
matter to the City Manager for report and recommendation and to the
City Attorney for his opinion with respect to the legal issues relating
to the regulation of cats.
Mr. Dibling advised that he was of the opinion that Section 2(19)
of the City Charter provides express authority for the Council to pro-
hibit the running at large of cats within the City; and the City of
Virginia Beach, apparently relying upon similar Charter authority, has
adopted an ordinance prohibiting the owners of cats from allowing them
to run at large,
The City Attorney advised that he was of the further opinion that
a limitation on the n~nber of cats which any person can own within the
City would be necessarily or fairly implied in or incident to Section
2(16) authorizing Council to regulate the keeping of anhnals in the
City; that under this authority, Council has regulated the n~nber of
dogs (Section 6-42.1(a), poultry (Section 6-95) and beehives (Section
6-112) which may be kept in the City, Mr. Dibling said he does not
find, however, that Section 2(16) of the City Charter or any other pro-
vision of the Charter or general law necessarily or fairly implies that
City Council can require the licensure of cats, noting that his conclu-
sion is supported by the opinion of the Attorney General found in
(1982-1983) Report of the Attorne~ General at 65 wherein the Attorney
General, after noting the lack of State Taw relating to licensure of
cats, stated:
"Had the General Assembly intended to authorize the
local governing bodies to l~cense cats, it would
have enacted express authority to do so. ! am
unaware of any successful attempt to enact such
legislation."
289
ACT ION:
ACTION:
The Mayor referred to petitions which was filed with the C(ty
Clerk by Mr. James M. Brickey, 5251 Victoria Street, N. W., signed by
321 citizens of the City of Roanoke, requesting that Council enact a
measure which v~uld prohibit tile owners of cats from allowing said ani-
mals to run at-large in the City.
(For full text, see report and petition on file in the City Clerk's
Office.)
Mr. Trout moved that the report and the petition be received and
filed. The motion was seconded by Mr. Garland and adopted.
BONDS: The City Attorney presented a resolution providing fbr the
sale, execution, form and details, advertisement of sale and delivery
of, and the levy of a tax to pay $10,000,000.00 of general obligation
bonds of the City of Roanoke, Virginia, authorized at an election held
on the 3rd day of November, 1987, to provide funds to defray the cost
to the City of Roanoke of needed pemnanent public improvements,
including acquisitions, construction, additions, betterments, exten-
sions and improvements of and to public schools, the system of storm
drains, public sidewalks, curbing, streets, highways and bridges, and
parks and other recreational purposes, and the acquisition of real pro-
perty for the foregoing.
Mr. Trout offered the following Resolution:
(#29187) A RESOLUTION providing for the sale, execution, form and
details, advertisement of sale and delivery of, and the levy of a tax
to pay, $10,000,000.00 of general obligation bonds of the City of
Roanoke, Virginia, authorized at an election held on the 3rd day of
November, 1987, to provide funds Lo defray the cost to the City of
Roanoke of needed pemanent public improvements, including acquisi-
tions, construction, additions, betterments, extensions and improve-
ments of and to pu'.~lic schools, the system of storm drains, public
sidewalks, curbing, streets, highways and bridges, and parks and other
recreational purposes, the acquisition of real property for the
foregoing.
(For full text of Resolution, see Resolution Book No. 50, page 632.)
Mr. Trout moved the adoption of Resolution No, 29187. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ........................... 6.
NAYS: None ............... O.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for field lighting at Breckinridge Park, presented a written
report on behalf of the committee, recommending the following:
Award a lump sun contract Lo the low bidder, New
River Electrical Corporation, to perform all work
included in the base bid, in the total amount of
$59,758.00, and a construction time of 180 con-
secutive calendar days.
Establish a job contingency of $4,242.00 for a
total project construction cost of $64,000.00.
Appropriate $64,000.00 from the following funding
sources into a new capital account to be estab-
lished by the Director of Finance for the subject
project:
290
ACTION:
ACTION:
Capital Maintenance and Equipnent
Replac~nent Funds (1987-88)
$ 36,000.00
Park Bond Funds (1988 series)
28,000.00
Total $ 64,000.00
Reject all other bids received.
The City Manager submitted a written report concurring in the
reco~nendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following energency budget Ordinance:
(#29188) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 638.)
Mr. Garland moved the adoption of Ordinance No. 2918B. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ......... 6.
NAYS: None ..............................
0
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29189) AN ORDINANCE accepting the bid of New River Electrical
Corporation of Roanoke, Virginia, for replacement of the athletic field
lighting at Breckinridge Park, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50,' page 639.)
Mr. Garland moved the adoption of Ordinance No. 29189. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ...... 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
BUDGET-RECREATiON DEPARTMENT: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for renovations to the Grandin Court Recreation Center, pre-
sented a written report on behalf of the committee, reco~ending the
fol 1 owl ng:
Award a 1,~mp sun contract to Construction Services
of Roanoke, lnc., to perform all work included in
the base bid, in the total amount of $48,950.00,
and a construction time of 90 consecutive calendar
days.
Establish a job contingency of $4,050.00 for a
total project cost of $53,000.00.
OPERATION
RE:PORT
INIPEg'I'ION IV. PO~
d)
m
ACTION:
ACTION:
It was explained that implementation of the following projects,
not approved for grant funding at this time, would have to be con-
sidered in the future, subject to the availability of $100,000.00 in
additional funds, as follows:
Smith Park - Replace children's play areas
($(~0,000.00)
Washington Park - Replace tennis court lighting
($40,000.00)
The City Manager recommended the following:
Accept the offer made by the Division of Planning
and Recreational Services, Commonwealth of
Virginia, to provide $200,000.00 in Virginia
Outdoors Fund Grant for fifty per cent of the total
cost of certain improvement projects at Wasena,
Washington and Eureka Parks.
Authorize the City Manager to file and execute
required documents relative to the acceptance of
the subject grant offer and the implementation of
the total project.
Appropriate $400,000.00 to an account to be
established in the Capital Projects Fund by the
Director of Finance for improvements to Wasena,
Washington and Eureka Parks. Also, establish a
receivable account, as follows:
Virginia Outdoors Fund Grant
$200,000.00
1988 Park Bond Funds
80,000.00
Capital Maintenance and Equipment
Replacement Program (1988-89)
120,000.00
Total Appropriations $400,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29442) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 96.)
Mr. Trout moved the adoption of Ordinance No. 29442. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ............. 6.
NAYS: None ..................................
(Council Member Bowers was absent.)
Mr. Trout offered the following Resolution:
(#29443) A RESOLUTION authorizing the acceptance of a Virginia
Outdoors Fund grant for park improvement projects and authorizing exe-
cution of required grant documents on behalf of the City.
(For full text of Resolution, see Resolution Book No. 51, page 97.)
Mr. Trout moved the adoption of Resolution No. 29443. The motion
was seconded by Mr. Garland and adopted by the following vote:
655
656
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....... 6.
NAYS: None .......
(Council Member Bowers was absent.)
EMERGENCY SERVICES (COMPUTER AIDED DISPATCH SYSTEM): The City
Manager submitted a written report in connection with a Software
Maintenance Contract for the Computer-Aided Dispatch System, advising
that the Enhanced 9-1-1 emergency telephone system was activated on
October 5, 1987; that public acceptance is demonstrated by high usage
of emergency calls being received on the new 9-1-1 system; and on
June 27, 1988, Council authorized him to negotiate a contract for
software maintenance and modification services to support the CAD
system, and further authorized the Director of Finance to establish a
new account entitled, "CAD/9-1-1 Software Development", allocating
$55,000.00 for this purpose.
It was pointed out that final acceptance and testing is currently
scheduled for April, 1989, which will bring the system to full use;
that on-going software maintenance, subsequent to final acceptance,
must be provided for this critical public safety system in order to
protect the City's investment and to insure the safety of Roanoke resi-
dents, and City staff will then have time to examine other options for
providing maintenance in future years; and NCR Corporation is the sole
source vendor for this contract at the present time, and other com-
panies may provide this newly developed CAD software in the future at a
competitive cost.
The City Manager recommended that he be authorized to contract
with NCR Corporation to provide for software maintenance and modifica-
tion services, in a form acceptable to the City Attorney, in an amount
not to exceed $55,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29444) AN ORDINANCE authorizing the City Manager to contract
with NCR Corporation to provide software maintenance and modification
services to the City in connection with the City's public safety
Computer Aided Dispatch System (CAD); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 97.)
Mr. Trout moved the adoption of Ordinance No. 29444. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........ -6.
NAYS: None ........
(Council Member Bowers was absent.)
EQUIPMENT-SHERIFF: The City Manager submitted a written report
concurring in a report of a bid committee with regard to the leasing of
vehicles for the Sheriff's Department.
The bid con~nittee recommended that Council accept the lowest bids
to lease vehicles for the Sheriff's Department for a period of 48
months, as follows:
One new full-size, four door sedan from Magic City
Motor Corporation for the cost of $407.48 per month.
Two new eight passenger window vans from Dominion
Car Company for the cost of $415.70 per month, per
unit.
(For full text, see reports on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29445) AN ORDINANCE providing for lease of three motor vehicles
for use by the Sheriff's Department, upon certain terms and conditions,
by accepting bids made to the City for the lease of such vehicles; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 98.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29445. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ......................... 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance presented copy of the
financial report for the City of Roanoke for the month of December,
1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke, (1979), as
amended, establishing a procedure for the election of School Board
Trustees, she would like to advise Council that the three year terms of
Messrs. Edwin R. Feinour and Donald Bartol will expire on June 30,
1989, was before the body.
She pointed out that according to Section 9-16, on or before
February 15 of each year, Council shall announce its intention to elect
trustees of the School Board for terms con~nencing July I through (1)
public announcement of such intention at two consecutive regular
sessions of the Council and (2) advertisement of such intention in a
newspaper of general circulation in the City twice a week for two con-
secutive weeks.
She further pointed out that Section 9-17 provides that all
applications must be filed in the City Clerk's Office by March 10,
noting that applications would be received until 5:00 p.m., on Friday,
March 10, 1989; that application forms were available in the City
Clerk's Office and could be obtained between the hours of 8:00 a.m.,
and 5:00 p.m., Monday through Friday, and information describing the
duties and responsibilities of School Board Trustees would also be
available for interested applicants.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
REPORTS OF COMMITTEES:
CITY PROPERTY-SCHOOLS-INDUSTRIES: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council authorize
the lease of a 6,572 square foot space in the Jefferson High School
Shop area to Roanoke Dyeing and Finishing, a Division of Twin City
Textiles, Inc., for an initial six month period, at a lease fee of
$200.00 per month, with the lessee to provide public liability and
other required insurance in amounts acceptable to the City's Risk
Manager.
657
658
A staff report pointed out that the Jefferson High School property
has been vacant for a number of years; that efforts to find a new use
for the total facility has been ongoing; that the shop area on the rear
of the structure (Luck Avenue side) is a single story industrial type
building with concrete floor, high ceiling clearance and large garage
type access doors, with no available utilities in the area; that the
shop area has been used at various times for storage and for painting
the Parks Department picnic tables during the winter months; that the
major portion of the area is currently vacant with another portion
being used for School Board storage; and Roanoke Dyeing and Finishing
Company has purchased the old Roanoke Mills - Tultex facility west of
6th Street, S. W., across the street from the subject property, and is
in the process of remodeling the area for their use.
It was explained that Roanoke Dyeing and Finishing Company needs a
secure indoor area in which to sort and organize equipment being deli-
vered for installation in their plant; that the shop portion of the
building is generally divided into three areas; viz: Space A is
approximately 124' x 53' in size, 6,572 square feet and is vacant and
available for use, Space B is now in use for School Board storage and
Space C is vacant, but access doors are too small for entrance by
industrial forklifts, etc.
It was further explained that Roanoke Dyeing and Finishing Company
has asked to lease Space A for $200.00 per month for an initial six
month period; that the Company will provide a security fence or wall
between Spaces A and B and will provide electricity to Space A for
lighting and to raise and lower the door onto 6th Street, S. W., and
will provide insurance and other protection to the City as required.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease between the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
ACTION: The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor .................. 6.
NAYS: None .................. O.
(Council Member Bowers was absent.)
CITY PROPERTY-PARKS AND PLAYGROUNDS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council authorize
the lease of a portion of Buena Vista Recreation Center to the Common-
wealth of Virginia Division of Historic Landmarks, at no charge, for a
period of one year, with utilities, and with maintenance of building
systems and minor improvements needed to bring the building up to
Building Code standards for occupancy to be provided by the City.
A staff report pointed out that strategies to assist the City in
developing a more active historic preservation program were presented
to Council on September 12, 1988, and Council authorized the admi-
nistration to move forward on the development of said strategies; and a
technical assistance program was one of the recommended strategies and
included the following two approaches:
City sponsored effort to assist property owners or
property developers desiring to rehab historic pro-
~erties. City Council, at its November 14, 1988,
meeting approved $20,000.00 for this program.
m
ACTION:
State sponsored effort (establishing a pilot
regional preservation center) in Roanoke was to be
pursued.
It was further pointed out that the City applied to the State
Division of Historic Landmarks to be the host locality for the Pilot
Regional Preservation Center Program; that space for office personnel
and archaeology lab and other inkind general services were a part of
the City's application; and Governor Baliles announced the City of
Roanoke as the host locality for the State's first regional preser-
vation center program on November 3, 1988.
It was explained that the regional center will employ four pro-
fessional staff persons; that an archaeologist with the Jefferson
National Forest will also be involved with the center; that the center
would be operational in January, 1989; that office and laboratory space
is available at Buena Vista in vacant rooms that currently are not uti-
lized for City recreation programs; that the space is located in the
basement and in the second story wing of the house; and Buena Vista
will continue as a recreation center.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
The motion was seconded by Mr. Fitzpatrick and adopted.by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....... 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
BUDGET-ACQUISITION OF PROPERTY-SEWERS AND STORM DRAINS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Committee, recommending
that Council take the following actions:
Authorize the City Manager to make an offer of
$145,000.00 to purchase property and easements in
connection with the Williamson Road Storm Drain,
Phase II, Contract I-D - Storn~ater Retention
Basin.
Authorize the proper City officials to institute
and conduct condemnation proceedings, if necessary.
Appropriate $145,000.00 from the 1988 Series Public
Improvement Bonds, Storm Drain Category, into an
account entitled "Williamson Road Retention Basin"
to be established by the Director of Finance.
A staff report pointed out that the project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of 4.5 acres of storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
659
660
ACTZON:
ACTION:
Company, et al., Official Tax No. 2360101; that a retention facility
is critical in regard to further scheduling of the last three remaining
segments of the Williamson Road Storm Drainage System which will serve
the Round Hill/Grandview/Huff Lane areas; and storm water control pro-
vided by this facility must be in place before the other three segments
can be scheduled or advertised for construction.
It was further pointed out that project design for the retention
facility is now complete; that necessary reviews have been made and it
is imperative to advertise for construction at the earliest possible
date in order to maintain the current schedules for the overall
Williamson Road Storm Drainage System; that appraisals of the 4.5 acre
tract for the retention facility and associated easements have been
made both by the City and the property owner with the owner's appraisal
being ten per cent higher than the City; and the City Administration
concurs with the owner's appraisal of $145,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
"AN ORDINANCE to amend and reordain certain sections of the
1988-89 Capital Fund Appropriations, and providing for an emergency."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council Members Garland, Musser, Trout and Bowles ........ 4.
NAYS: None ............ O.
(Council Member Bowers was absent.)
Fitzpatrick abstained from voting.)
(Mayor Taylor and Vice-Mayor
Mr. Trout moved that action on the matter be deferred until the
next regular meeting of Council on Monday, February 13, 1989. The
motion was seconded by Mr. Musser and adopted.
SPECIAL PERMITS: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Con~nittee, recommending that Council authorize a standard revocable
license, in a form approved by the City Attorney, to allow the con-
tinuation of the encroachment of the retaining wall at 2314 Patterson
Avenue, S. W., in accordance with terms and conditions of a staff
report.
It was pointed out that Breakell, Inc., on October 30, 1987,
received a building permit to construct a retaining wall adjacent to
and east of the existing structure; that this type of building permit
does not require a previously approved site plan, but does require
inspections; that the Engineering Department Inspector discovered on
March 25, 1988, that the wall parallel to Patterson Avenue, S. W.,
46'-6" long, had been constructed two feet into the public right-of-
way, and, in addition, the footing for the wall extended twelve inches
further into the right-of-way; and Breakell, Inc., was aware of the
encroachment prior to that date and had marked the right-of-way line on
the wall.
It was stated that Breakell, Inc., had its property surveyed prior
to construction of the wall; that based upon initial (later found to be
preliminary) locations of survey stakes set to mark the street rightof-
way/front property line, the retaining wall was begun; that as a pre-
caution, it was located six inches back onto private property; that
since they had a crew standing by to do the job, Breakell, Inc., was
well along with construction before the surveyors returned, after
refining the data, and moved the stakes south onto private property
enough to place the wall two feet into the street right-of-way; and the
Building Inspection Department should have been notified to perform an
inspection of the footing for the wall, but was not informed in time.
It was further stated that Breakell, Inc., on August 18, 1988,
requested that Council authorize a permit to allow them to maintain the
encroachment of the wall and footing into the street right-of-way; that
Breakell, Inc., was of the opinion that the error in locating the wall
was unintentional and was caused by poor judgement on the part of the
661
petitioner and might have been avoided by appropriate and timely City
inspections; however, the encroachment presents no hazard, inasmuch as
the street right-of-way is seventy feet wide at this point, and would
be excessively expensive to remove or replace at a revised location out
of the public right-of-way.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313012, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Trout, Bowles, Fitzpatrick and
Mayor Taylor ..... 5.
NAYS: Council Member Musser ......
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-RED CROSS: Ordinance No. 29434 granting to the
American Red Cross, Roanoke Valley Chapter, a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, January 23, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
(#29434) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 90.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29434. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ...................... 6.
NAYS: None O.
(Council Member Bowers was absent.)
LEGISLATION-VETERANS HOME: Council Member Bowles offered the
following Resolution urging the 1989 Session of the General Assembly
and the United States Congress to appropriate funding for a much-needed
State nursing home for veterans to be located on a site to be donated
by the City of Roanoke.
(#29449) A RESOLUTION urging the 1989 Session of the General
Assembly and the United States Congress to appropriate funding for a
much-needed State nursing home for veterans to be located on a site to
be donated by the City of Roanoke.
(For full text of Resolution, see Resolution No. 51, page 98.)
662
ACTION:
Mrs. Bowles moved the adoption of Resolution No. 29449. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor .................. 6.
UAYS: None ..................
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MENBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ARCHITECTURAL REVIEW BOARD-COMPLAINT: Mr. Melvin T. Patrick, 816
Franklin Road, S. W., appeared before Council and presented information
in connection with his original petition to the Architectural Review
Board for a Certificate of Appropriateness to construct a fence
surrounding a portion of his parking lot on Mountain Avenue, S. W.,
which is located within the boundaries of the area designated by
Council as H-l, Historic District. He stated that the Architectural
Review Board denied his request and he attempted to file an appeal with
the Council, pursuant to Section 36.1-642 (d) of the Code of the City
of Roanoke, (1979), as amended which provides as follows:
"Any property owner aggrieved by any decision of
the Architectural Review Board may present to the
City Council a petition appealing such decision,
provided such petition is filed within thirty (30)
days after the decision is rendered by the Board.
The City Council may reverse or modify the Board's
decision, in whole or in part, or it may affirm the
decision of the Board."
Mr. Patrick pointed out that he was one day late in submitting his
appeal to the City Clerk and was advised by Ms. Parker that the appeal
would not be placed on the agenda of City Council inasmuch as it had
not been filed in a timely fashion.
(For full text, see documents on file in the City Clerk's Office.)
Mr. Patrick referred to photographs of his office building on
Franklin Road and Elm Avenue, advising that a fence was constructed
around the parking lot which has three entrances. He explained that
for approximately eight months after purchasing the property, a problem
developed in which people were using the parking lot for various unde-
sirable purposes. He stated that a problem then developed with regard
to trash blowing into the parking lot from the adjoining neighborhood,
and during clean up efforts, syringes and other drug paraphernalia were
found. He added that he was very much concerned about the drug
problem; therefore, he contacted a local fence contractor who indicated
that he was a bonded building construction company with the City of
Roanoke. He advised that he then inquired of the contractor if there
was any action he needed to take insofar as obtaining the proper appro-
vals from the City of Roanoke prior to construction of the fence, and
he was assured by the contractor that inasmuch as he was bonded, no
additional steps needed to be taken.
After the fence was constructed, Mr. Patrick advised that he
received a letter from the Architectural Review Board informing him
that the fence had been constructed in a historic district. He stated
hat he followed the procedure which was outlined and appeared before
the Architectural Review Board for a Certificate of Appropriateness.
663
Mr. Patrick advised that construction of the fence had already
been completed. He pointed out that the fence was not offensive but
instead acted as a protective device to rid the neighborhood of unde-
sirables that use the parking lot at night. He stated that if he was
directed to remove the fence, he would do so without question or hesi-
tation, b~t adv~q~_d~that he would like some assurance from the City of
Roof~o~(e.tll~l~h~ea would be cleaned up, patroled by the police, and
· s)~fe~uard6f~a~jafl~s(~ undesirable elements.
Mr. Patrick pointed out that the Architectural Review Board acted
within the perimeters of the law, but asked that Council make an
adjustment in the best interest of the community.
Upon question, the City Attorney advised that with the new Zoning
Ordinance which was enacted, Council adopted, for the first time, a
neighborhood overlay zone for historic preservation, and the H-2
District applied essentially to the area known as Old Southwest. He
stated that it is provided in the H-2 District, that no structure can
be erected without a Certificate of Appropriateness, which has been
issued by the Architectural Review Board. He added that a fe~mce is a
structure which requires a building permit; that if Mr. PatricF had
sought and obtained a building permit, he should have been told about
the historic zoning provision, and if he had sought a Certific3te of
Appropriateness before building his fence, he would have been told how
to build a fence that would have been in compliance with the Zoning
Ordinance.
Mr. Dibling advised that Mr. Patrick had thirty days followin(~ the
decision of the Architectural Review Board in which to file an a[peal
with City Council; however, the appeal was not filed within the thirty
day period. He stated that the Zoning Ordinance is specific, an! Mr.
Patrick could appeal to the Circuit Court if he was dissatisfied with
the action taken by Council.
ACTION:
Mr. Patrick asked that Council take the matter under consideration
prior to making a final decision.
Mr. Garland moved that the matter be referred to the City Manager
and the City Attorney for study, report and recon~aendation to Council
at a regular meeting to be held on Tuesday, February 21, 1989, at
2:00 p.m. The motion was seconded by Mr. Trout and adopted.
In discussing the matter with the City Manager and the City
Attorney, Mr. Fitzpatrick asked that Mr. Patrick consider the liability
of his contractor and the role that the contractor played in the
matter.
At 10:15 p.m., the Mayor declared the meeting in recess.
At 10:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
PERSONNEL: The Mayor advised that there was a vacancy on the
Personnel Employment and Practices Con~nission created by the resigna-
tion of Mr. Robert C. Poole, for a term ending June 30, 199D, and
called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. L. Bane Coburn.
There being no further nominations, Mr. Coburn was elected as a
member of the Personnel Employment and Practices Con~nission to fill the
unexpired term of Robert C. Poole, ending June 30, lg90, by the
following vote:
ACTION: FOR MR. COBURN: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 6.
(Council Member Bowers was absent.)
mm
664
There being no further business, the Mayor declared the meeting
adjourned at 10:55 p.m.
ATTE ST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 13, 1989
7:30 p.m.
665
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 13, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~
~, of Section 2-15, Rules of Procedure, Code of the City of Roanok~
~, as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Robert A. Garland and Mayor Noel C. Taylor .............. 6.
ABSENT: Council Member Elizabeth T. Bowles .......................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Steven J.
Talevi, Assistant City Attorney; Joel M. Schlanger, Director of Fi,~ance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mrs. Queen Ester
Snell, Pastor, St. John's A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for alterations to aeration and nitrification basins at the Water
Pollution Control Plant, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, February 13, 1989, and to be held, opened
and read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
S. C. Rossi & Company, Inc.
H. Hamner Gay & Company, Inc.
Mechanical and Plumbing, Inc.
Acorn Construction Ltd.
Structures & Utilities Company, Inc.
BASE BID TOTAL
$ 83,441.00
83,500.00
88,281.17
89,800.00
112,900.00
Mr. Musser moved that the bid~ be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Mr.
French H. Hagy that a certain alley twelve feet in width extending in a
northwesterly direction from Eastgate Avenue, N. E., for a distance of
125 feet, situated between Official Tax Nos. 3230910 and 3230911, be
permanently vacated, discontinued and closed, the matter was before the
body.
666
ACTZON:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, i989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the City
has no current or future plans to utilize the undeveloped alley sec-
tion; that the applicant desires to build a patio at the rear of his
residence; that the patio would be situated within the alley right-of-
way; and recommended that the alley be permanently vacated, discon-
tinued and closed, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29450) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 114.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the alley closure. There being none,
Ordinance No. 29450 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... .6.
NAYS: None .........
(Council Member Bowles was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Roanoke
Country Club, Inc., that all of 36th Street, N. W., from its point of
beginning adjacent to the south right-of-way line of Densmore Road,
N.W., extended to its terminus approximately 135 feet south of
Densmore Road at the northern boundary line of the property of Roanoke
Country Club, Inc., bearing Official Tax No. 2671006, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Fridayj February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request to close and permanently vacate 36th Street, N. W., be
approved, subject to the following conditions, was before Council.
That the applicant agree to have prepared and sub-
mitted to the City for approval, a plat of sub-
division showing the combination of Official Tax
Nos. 2671005 and 2671006, with that portion of
2671009 to be purchased by the applicant.
That official closure of 36th Street, N. W., be
made contingent upon the recordation of the sub-
division plat.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29451) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 115.)
The motion was seconded by Mr. Garland.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the street closure. There being none,
Ordinance No. 29451 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Hickory Woods,
Inc., a Virginia Corporation, that a 1.206 acre tract of land and a
1.603 acre tract of land situated between King Street, N. E., and U. S.
Route 460, Nickory Woods, and being portions of Official Tax No.
7090521, be rezoned from RS-3, Residential Single Family District, and
LM, Light Manufacturing District, respectively, to RM-2, Residential
Multi-Family, Medium Density District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday~ February 3, 1989~
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request was to rezone two parcels of land containing an existing
storm drain system/detention basin and entrance/exit roadway serving
the Hickory Woods apartments so that the entire complex has one. uniform
zoning classification, noting that no further development of the par-
cels was proposed, was before Council.
The Planning Commission recon~ended approval of the request for
rezontng, advising that the proposed rezoning of the two parcels would
be compatible with the existing use and would be consistent with the
zoning classification for the Hickory Woods apartment complex.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29452) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 116.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29452 was adopted, on its first reading, by the
following vote:
667
668
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............................... 6.
NAYS: None ..............
(Council Member Bowles was absent.}
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Trustees of
St. John's Episcopal Church, that a tract of land lying in the 100
block of Elm Avenue, S. W., containing 0.34 acre, more or less, iden-
tified as Official Tax Nos. 1021005 - 1021007, be rezoned from C-1,
Office District, to RM-4, Residential Multi-Family, High Density
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a new
multi-family dwelling containing fifteen dwelling units, was before
Council.
The Planning Commission recommended that the request for rezonin9
be approved, advising that given the existing land uses along Elm
Avenue, S. W., and the need for infill housing of this type, the pro-
posed use was reasonable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29453) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 118.)
The motion was seconded by Mr. Fitzpatrick.
Mr. E. Griffith Dodson, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29453 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................................. 6.
NAYS: None O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Dana A.
Walker that a parcel of land located at 2416 Clifton Avenue, N. W.,
described as Lot 36, Block 2, Map of Villa Heights, identified as
Official Tax No. 2430806, be rezoned from RS-3, Residential Single
Family, Medium Density District, to RM-1, Residential Multi-Family, Low
Density District, subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
669
ACTXON:
Legal advertisement of the public hearing was published in the
mornin9 editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezonin9 was to permit the rehabilitation and reuse
of an existing single family structure for a duplex, was before
Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that given the physical condition of the pro-
perty, a well done multi-family unit would be more beneficial to the
area than a series of single family units that were not well main-
tained.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29454) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29454 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor-- 5.
NAYS: Council Member Musser ..........
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Ms. Crystal L.
Custer that a tract of land located at 2920 Sweetbriar Avenue, S. W.,
described as Lots 4 - 6, respectively, C. F. Kefauver Map, Official Tax
Nos. 1651004 - 1651006, respectively, be rezoned from RS-3, Residential
Single Family, Medium Density District, to C-1, Office District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the purpose
of the request for rezoning was to permit the uses which are allowed in
the C-1 zone, more particularly, medical or professional office use,
was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the petitioner had demonstrated a desire to
insure a minimal impact on the neighborhood by preserving existing
vegetation, by providing extra buffering and by siting the building in
such a manner as to utilize the changes in elevation across the site to
further buffer the building from the single family neighborhood; and
given the land use and zoning patterns along Brambleton Avenue, S. W.,
the proposed use of the property was reasonable.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29455) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29455 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor--- 6.
NAYS: None O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. James E.
Lyle, Jr., that a tract of land lying to the north of Wise Avenue,
S. E., at the intersection of 18th Street, being the rear portions of
two lots in Block 36 and a strip of land between Lots 35 and 36,
McDonald Addition, more particularly described as Official Tax Nos.
4210235, 4210237 and 4210238, be rezoned from RM-1, Residential Multi-
Family, Low Density District, to LM, Light Manufacturing District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit development of a general ser-
vices establishment primarily engaged in the repair or maintenance of
goods or items including automobiles, trucks, construction equipment
and the provision of business services, provided all repair and main-
tenance activities were wholly enclosed in a building of not less than
20,000 square feet in area, advising that upon approval of the
rezoning, the petitioner would request that a variance from the 20,000
square foot area requirement be granted to allow a 5,000 square foot
structure, due to topographical limitations.
The Planning Commission recommended that the request for rezoning
be approved, advising that the site's unique topography, and the fact
that the topography combined with existing vegetation, proposed
building location, and proposed buffering contribute to minimizing the
impact on the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29456) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 121.)
ACTION: The motion was seconded by Mr. Trout.
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ACTION:
ACTION:
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29456 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ...... 6.
NAYS: None-- ---0.
(Council Member Bowles was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a legal matter.
COUNCIL: An oral request of Council Member Bowers that Council
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None O.
(Council Member Bowles was absent.)
COUNCIL: An oral request of Council Member Trout that Council
convene in Executive Session to discuss a legal matter within the
jurisdiction of the governing body, being the terms and conditions of a
contract under negotiation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a legal matter within the jurisdiction of
the governing body, being the terms and conditions of a contract under
negotiation, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- - ....... 6.
NAYS: None
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY: Ms. Ellen L. Brown, Director of
Human Resources, Total Action Against Poverty in the Roanoke Valley,
Inc., appeared before Council and highlighted certain outstanding
accomplishments of TAP for the year 1988, which are sun~arized as
follows.
672
ACTION:
Comprehensive Health Services to Children Ages
K - 6
Northwest Supermarket Project
Transitional Living Program for Homeless Persons
Housing and Weatherization Program
Youth Services Program
Summer Youth Program
Employment Trai ni ng
Emergency Services
Substance Abuse Prevention
Successful Transition of Ex-Offenders Return to
Roanoke
Comprehensive Services to Abused Women and Their
Children
Community Development
Black Cultural Education and the Fine Arts
Ms. Brown expressed appreciation for the support of the City of
Roanoke and presented the Mayor and Members of Council with a copy of
TAP's Annual Report and the Transitional Living Center Newsletter,
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium and the Roanoke City
Department of Social Services have recently been awarded a competitive
grant from the Governor's Employment and Training Department, in the
amount of $177,000.00, to administer a project entitled, IMAGE
(Independent Mothers Achieving Growth and Employment), which is
designed for teen mothers who are school dropouts, receiving Aid to
Dependent Children (AI)C), and between the ages of 16-20; that Veterans
Project funds have been awarded for the Consortium to continue serving
this targeted group for the period of December 23, 1988 to December 22,
1989; and Job Training Program legislation allows the Governor's
Employment and Training Department (primary funding source for the
Consortium), to reward Service Delivery Areas (SDAs) that meet or
exceed performance standards under Title II-A, for any given program
year.
Mr. Herbert stated that annual closeouts for Title II-A have been
submitted to the Governor's Employment and Training Depart~.~lt by the
Consortium for fiscal year 1988; that expenditure policies of the
Governor's Employment and Training Department for Title II-B (Summer
Youth Program) allows for the deobligation of unexpended funds in
excess of a maximum carryover restriction; and excess funds are
redistributed to Service Delivery Areas (SDA's) meeting expenditure
requirements.
673
ACTION:
It was pointed out that the Governor's Employment and Training
Department sent a Notice of Intent to Award, in the amount of
$177,000.00, to the Consortium to operate the Project, Independent
Mothers Achieving Growth and Employment; that the Consortium was
awarded a Veteran's Grant (NOA #89-183-01), in the amount of
$51,750.00; and the Governor's Employment and Training Department
awarded the Consortium an Incentive Grant {NOA #89-03-04) of
$97,894.00, for meeting and exceeding fiscal year 1988 performance
standards for Title II-A.
It was explained that unexpended, but appropriated fiscal year
1988 Title II-A funding, in the amount of $212,059.00, was available
to be transferred by the Governor's Employment and Training Department
(GETD), from last fiscal year into the current year; that the GETD's
allowable carryover policy, however, transferred only $189,016.00 into
the new fiscal year; that the Fifth District Employment and Training
Consortium received NOA #88-03-07 for $14,065.00 in reallocated Summer
Youth funds for excess carryover from the GETD; and due to the lateness
of the increase, the funds were not budgeted in last year's program and
will be utilized in the current year.
The City Manager recommended that Council appropriate the
Consortium's net funding adjustment of $317,666.00, and increase the
revenue estimate by $317,666.00 in accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29457) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 101.)
Mr. Bowers moved the adoption of Ordinance No. 29457. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
LIBRARIES: The City Manager submitted a written report advising
that the John D. and Catherine T. MacArthur Foundation is a private,
independent, grant-making foundation which was created in 1978 for
charitable and public service purposes; and in 1988, the MacArthur
Foundation solicited applications from public libraries for their
library video classics project, a nationwide project to make Public
Broadcasting System progra~ning available to public libraries.
It was pointed out that the Roanoke City Public Library applied
for and was awarded an outright grant of a video collection valued at
approximately $6,300.00.
The City Manager recommended that Council authorize acceptance of
the video collection, with a value of $6,300.00; and that he or his
designee be authorized to execute the necessary documents accepting the
grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29458) A RESOLUTION accepting a John D. and Catherine T.
MacArthur Foundation Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 103.)
674
ACTION:
Mr. Trout moved the adoption of Resolution No. 29458. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......................................... 6.
NAYS: None -- O.
(Council Member Bowles was absent.)
BUDGET-EQUIPMENT-HUMAN RESOURCES-MANAGEMENT INFORMATION SERVICES-
POLICE DEPARTMENT-DIRECTOR OF FINANCE-EMERGENCY SERVICES: The City
Manager submitted a written report concurring in a report of a bid com-
mittee appointed to tabulate bids received for the purchase of certain
vehicular equipment needed by certain Internal Services Departments.
The bid committee recommended that Council award the purchase of
vehicular equipment as follows:
Items #1 and #2 - Two new midsize sedans and one
full size sedan, awarded to R. K. Chevrolet, Inc.,
through the State Contract System, in the total
amount of $28,339.86.
Item #3 - One new midsize station wagon, as sub-
mitted by Allred Chevrolet, in the total amount of
$11,549.00.
Items #4 and #6 - One new 4-wheel drive station
wagon and eight new unmarked Police sedans, as sub-
mitred by Berglund Chevrolet, in the total amount
of $100,294.66.
Item #5 - Two new seven passenger mini vans,
awarded to World of Ford Sales, Inc., in the total
amount of $24,756.00.
Item #7 - One new heavy duty cargo van as submitted
by Magic City Ford, in the total amount of
$14,365.54.
Reject all other bids.
Appropriate $166,927.06 from the Capital Mainten-
ance and Equipment Replacement Program as follows:
$8,565.68 to Billings and Collections, Account
No. 001-004-1232-9010;
$23,927.00 to Social Services, Account No.
001-054-5314-9010;
$8,565.68 to Communications,
001-052-4130-9010;
Account No.
$11,208.50 to Building Inspections, Account
No. 001-052-3410-9010;
$15,700.10 to Nursing Home, Account No.
001-052-5340-9010;
$84,594.56 to Police Department, Account No.
001-050-3112-9010;
$14,365.54 to Signals and Alarms, Account No.
001-052-4160-9010; and
$12,378.00 from Internal Service Retained
Earnings to Management Services, Account No.
006-002-1617-9010.
(For full text, see reports on file in the City Clerk's Office.)
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ACT ! ON:
ACTION:
ACTION:
675
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29459) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 103.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29459. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor ....................................... 5.
NAYS: None ...................................................... O.
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
Mr. Musser offered the following emergency Ordinance:
(#29460) AN ORDINANCE accepting bids for certain vehicular equip-
ment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 104.)
Mr. Musser moved the adoption of Ordinance No. 29460. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor ..................................... 5.
NAYS: None O.
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
EQUIPMENT-SNOW REMOVAL-CITY NURSING HOME: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
reference to bids for purchase of a compact diesel tractor with
snowplow assembly for the City Nursing Home.
The bid committee reconm~nded that Council accept the bid of
Mountcastle Ford Tractor Sales, Inc., in the total amount of
$15,281.00; and appropriate $15,281.00 from the Capital Maintenance and
Equipment Replacement Program to Nursing Home, Account No. 001-054-
5340-9D15.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29461) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 105.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29461. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............. 6.
NAYS: None O.
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29462) AN ORDINANCE providing for the purchase of a compact
diesel tractor with snowplow assembly, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 106.)
676
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29462. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..................................................... 6.
NAYS: None ............ O.
(Council Member Bowles was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with reference to
the purchase of a new articulating loader for use in the Street
Maintenance Department.
The bid committee recommended that Council accept the bid of Baker
Brothers, Inc., in the total amount of $62,379.00, including perfor-
mance bond, and reject all other bids; and appropriate $62,379.00 from
the Capital Maintenance and Equipment Replacement Program to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see repo~;3 on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29463)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29463. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. 6.
NAYS: None-
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29464) AN ORDINANCE accepting a bid for furnishing one new
articulating loader to the City; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29464. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................. 6.
NAYS: None. O.
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-INDUSTRIES: The City Manager submitted a written
report with regard to a contract between the City of Roanoke and Cora
Corporation (a wholly-owned subsidiary of United Parcel Service of
America, Inc. (UPS)).
The City Manager advised that United Parcel Service currently
leases a 51,000 square foot building in Statesman Industrial Park; that
large increases in mail order business and the addition of a hub com-
ponent have made it necessary for UPS to expand its operations; that
Cova is negotiating to buy 50 acres of land from the Andrews family for
its proposed new location on Thirlane Road; that Thirlane Road must be
improved, approximately 1.5 miles, from the Peters Creek Road intersec-
tion to the Comfort Inn Motel to accommodate industrial/commercial
development; that cost estimates for the improvements total approxima-
tely $1,000,000.00; that the project appears to be eligible for State
Industrial Access funds; and the City has its full allocation of
$450,000.00 available between now and the end of June.
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ACT]0N:
677
It was explained that Cova is also negotiating to buy 13 acres of
land across from its proposed site; that this property is necessary for
road realignment; that relocation of Thtrlane Road onto Airport
Commission property may be necessary to a minor extent to provide
better road alignment around Runway 6; that water and sewer extensions
to the property are required; that depending on which alternatives are
ultimately pursued, estimated costs of utility extensions are
$200,000.00 to $400,000.00; and Cova will pay for water/sewer exten-
sions under City extension policies.
It was further explained that Cova proposes to construct, in Phase
I, a building of about 200,000 square feet, with a total building and
equipment investment of $20.5 million; that employment will increase
from the current full-time equivalent of 231 persons to 368; that pay
scale for the jobs is substantially above manufacturing wages; and the
following represents major components of the contract:
"Cova to acquire the 13 acre Garst property across
from its proposed site (condemnation by the City
for right-of-way an alternative with full reimbur-
sement by Cova).
Cova to pay for all off-site utilities under City
extension policies and code required on site work.
Cova to construct facility as described.
Cova's performance as described above is contingent
upon City's making improvements to Thirlane Road.
Cova will reimburse the City for up to $35,000.00
in road design fees if Cora does not go forward
with the project."
The City Manager recommended that he be authorized him to execute
a contract defining the responsibilities of the City of Roanoke and
Cova regarding the facility to be constructed by Cova and public impro-
vements to be made by the City; that he be authorized to file an appli-
cation with the Virginia Department of Transportation for Industrial
Access reconstruction to serve UPS; and assure the Commonwealth
Transportation Board that the City will, if such project is approved,
provide adequate right-of-way, adjustment of any utilities affected by
construction, and future maintenance of the roadway through other
funding sources.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29465) AN ORDINANCE authorizing execution by the City Manager
of a contract setting forth the responsibilities and obligat!~ns~Qf
each party regarding a new facility to be constructed in the City and
for certain public off-site improvements to be made by the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 108.)
Mr. Trout moved the adoption of Ordinance No. 29465. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ........... O.
(Council Member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29466) AN ORDINANCE authorizing the City Manager to file an
application with the Virginia Department of Transportation for
$450,000.00 in Industrial Access Road Funds to provide industrial
access by realignment and reconstruction of Thirlane Road, N. W., to
serve a new industry in the City; setting out the need therefor; making
678
provision for furnishing the necessary rights-of-way therefor and for
the adjustment of utilities; assuring that the City will maintain said
upgraded roadway; and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 109.)
Mr. Trout moved the adoption of Ordinance No. 29466. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........................... 6.
NAYS: None .........................
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES:
with regard to personnel
1988-89.
The Director of Finance presented a report
lapse for the first half of fiscal year
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29467) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Inter)Iai Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 110.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29467. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................... 6.
NAYS: None ...... O.
(Council Member Bowl~s ~l~s uL, s:h'~, i
CITY CLERK:
ACTION:
SCHOOLS: The City Clerk presented a written report requesting
that certain dates be established in connection with the selection pro-
cess for School Board Trustees, pursuant to Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the following dates. The
motion was seconded by Mr. Garland and adopted.
On Monday, March 13, 1989, at 6:00 p.m., in the
Lobby of the Municipal Building, Council will hold
an informal meeting (reception), which will be open
to the public, with all candidates for school
trustee.
On Monday, March 27, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in the
Roanoke City Council Chamber, Council will review
and consider all candidates for the position of
school trustee. At such meeting, Council will
review all applications filed for the position and
may elect to interview candidates for such posi~
tions.
On Monday, April 10, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the
Roanoke City Council Chamber, Council will, by
public vote, select from the field of candidates
those candidates to be accorded the formal inter-
view and all other candidates will be eliminated
ACTION:
from the school trustee selection process. The
number of candidates to be granted the interview
will not exceed three times the number of positions
available on the Roanoke City School Board, should
there be so many candidates.
On Monday, April 17, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of citi-
zens.
On Tuesday, April 25, 1989, at 7:00 p.m., in the
Roanoke City Council Chamber, Council will hold a
meeting for the purpose of conducting a public
interview of the candidates for school trustee.
On Monday, May 8, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold an election to fill the vacancies on the
Roanoke City School Board.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Council
Member Howard E. Musser, Vice Chairman of the Water Resources Conmltt-
tee, presented a written report on behalf of the Committee, advising
that property acquisition for the Williamson Road Storm Drain Phase
II, Contract I-D Storn~ater Retention Basin Project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of a 4.5 acre storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
Company, et al, Official Tax No. 2360101.
Staff reports pointed out that the retention facility is critical
to further scheduling of the last three remaining segments of the
Williamson Road Storm Drainage System which will serve the Round Hill/
Grandvtew/Huff Lane area; and storn~ater control provided by the faci-
lity must be in place before the other three segments can be scheduled
or advertised for construction.
It was advised that project design for the retention facility is
now complete; that the necessary reviews have been made and it is
imperative to advertise for construction at the earliest possible date
in order to maintain the current schedules for the overall Williamson
Road Storm Drainage System; that appraisals of the 4.5 acre tract of
land for the retention facility and associated easements have been made
both by the City and the property owner, with the owner's appraisal 10%
higher than the City's; and the City Administration concurs with the
owner's appraisal of $145,000.00.
The Water Resources Com~ittee recommended that Council authorize
the City Manager to make an offer of $145,000.00 to purchase the pro-
perty and easements; that the proper officials be authorized to insti-
tute and conduct condemnation proceedings, if necessary; and that
Council appropriate $145,000.00 from the 1988 Series Public Improvement
Bonds, Storm Drain Category, into an account to be established by the
Director of Finance.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29468) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
679
680
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers and Garland ........ 4.
NAYS: None- O.
(Council Member Bowles was absent.) (Mayor Taylor and Vice-Mayor
Fitzpatrick abstained from voting.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29469) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Williamson Road
Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the City for the
needed real estate; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of conmencing the project; and directing the
mailing of this ordinance to the property owners.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers and Garland
NAYS: None ................. O.
(Council Member Bowles was absent.) (Mayor Taylor and Vice-Mayor
Fitzpatrick abstained from voting.)
ANNUAL REPORTS-PLANNING: Mr. Michael M. Waldvogel, Chairman of
the City Planning Commission, appeared before Council and presented the
Annual Report of the Commission for the year 1988, advising that 1988
was a busy and productive year; that the major accomplishment for the
year was initiation of the neighborhood planning program, an outgrowth
of Roanoke Vision, the City's adopted comprehensive plan; that during
the year, the Planning staff completed the planning process in the
South Roanoke neighborhood and expects to bring the plans for
Hershberger Hills and Mudlick/Deyerle to the Planning Commission and
Council in the near future; and the Commission also participated in
regional planning efforts, as well as workshops, on the Roanoke River
Flood Reduction Study.
It was pointed out that in 1988, the Commission reviewed 25
rezoning requests and 14 street and alley closures; that staff reviewed
110 subdivision requests and 115 site plans; that the Commission
reviewed and approved 6 site plans; and, at the Commission's annual
organizational meeting, the following officers were selected for the
upcoming year:
Chairman: Michael M. Waldvogel
Vice-Chairman: Paul C. Buford, Jr.
Agent/Secretary: John R. Marlles
The Chairman pointed out that in the coming year, the Conmission's
top priority will be to continue the neighborhood planning process in
three additional neighborhoods; that the Commission will also be con-
sidering further amendments to the City's zoning regulations; and the
City Planning Commission greatly appreciates the cooperation Council
has given during the past year and looks forward to another year of
cooperation and progress in its planning efforts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
681
BUDGET-TRAFFIC-SEWERS AND STORM DRAINS: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for certain intersection improvements at Orange Avenue
and Granby Street, N. E., presented a written report on behalf of the
Committee recommending that Council authorize the City Manager to exe-
cute a unit price contract with tt & S Construction Company, in the
amount of $159,714.82 and also execute a unit price amendment, in the
amount of $40,143.50, if the commercial site owner pays the City
$42,200.00 within thirty days and posts bond to ensure that road impro-
vements are constructed to his site within six months. It was further
recon~ended that Council appropriate and authorize transfer of funds to
an account to be established by the Director of Finance for Orange
Avenue and Granby Street Intersection from 1988 Bond Interest, in the
amount of $150,000.00, Traffic Signal General Account No. 008-052-9560-
9065, in the amount of $26,000.00; and a contribution from the commer-
cial site owner, in the amount of $42,200.00.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#2947O)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 112.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29470. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ...................... 6.
NAYS: None ................... O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29471) AN ORDINANCE accepting the bid of H & S Construction
Company, of Roanoke, Virginia, for certain intersection improvements at
Orange Avenue and Granby Street, N. E., as well as an additional signal
for a commercial site, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 113.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29471. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................ 6.
NAYS: None ......... O.
m
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SCHOOLS-CITY PROPERTY: Ordinance No. 29446 authorizing and
directing the proper City officials to enter into a six month lease
between the City and Roanoke Dyeing and Finishing, a Division of Twin
City Textiles, Inc., for use of a portion of the Jefferson High School
Shop, upon certain terms and conditions, having previously been before
the Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
682
ACTION:
ACTION:
ACTION:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease between the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
Mr. Trout moved the adoption of Ordinance No. 29446. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........................................ 6.
NAYS: None--- -0.
(Council Member Bowles was absent.)
PARKS AND PLAYGROUNDS: Ordinance No. 29447 authorizing and
directing the proper City officials to enter into a one-year lease bet-
ween the City and the Commonwealth of Virginia Division of Historic
Landmarks, for use of portions of Buena Vista Recreation Center, for a
period of one year with an option to renew for one additional year,
upon approval of the City Manager, having previously been before the
Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29447. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None .........
(Council Member Bowles was absent.)
-0.
SPECIAL PERMITS: Ordinance No. 29448 granting revocable con-
ditional permits to Breakell, Inc., General Contractors, for certain
existing structures encroaching over and into the right-of-way of the
south side of Patterson Avenue, S. W., (2314 Patterson Avenue), Lot 21,
Block 50, Map of West End and River View, Official Tax No. 1313102,
upon certain terms and conditions, having previously been before the
Council for its first reading on Monday, February 6, 1989, read and
adopted on its first readi,~g and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313102, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Trout moved the adoption of Ordinance No. 29448. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ........ -5.
NAYS: Council Member Musser .........
(Council Member Bowles was absent.)
-1.
m
683
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE F~YOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with
Mayo)- Taylor presiding, and all Members of the Council in attendance,
with tile exception of Council Member Bowles.
CONSOLIDATION-COUNCIL: The Mayor advised that when the Con-
solidation Negotiating Team between Roanoke City and Roanoke County met
for the first time, he made it known that there was a possibility that
he might find it necessary to step down as a member of the City's team
due to an extremely heavy schedule of activities to which he had
already committed. He stated that for some time, he had been concerned
over the expanding nature of his activities, advising that he had
overextended himself as far as his personal schedule, and explained
that it would be proper at this time that he refrain from accepting any
additional assignments.
The Mayor stated that he would like to do the job of Mayor to the
best of his ability, using time to the best advantage, and he would
like to do a smaller number of thlllgs very well rather than to delve
into too many things and not make the maximum contribution according to
his abilities. He expressed appreciation to the Council for allowing
him to serve as one of the representatives to the negotiating team, and
requested that Council place in nomination the name of a person to
replace him as a member of the City's team to the City/County Consoli-
dation Negotiating Team.
Mr. Trout placed in nomination the name of Council Member
Howard E. Musser.
There being no further nominations, Council Member Musser was
elected as a City representative to the City/County Consolidation
Negotiating Team, by the following vote:
ACTIOn: FOR COUNCIL MEMBER MUSSER: Council Members Musser, Trout, Bowers,
.Fitzpatrick, Garland and Mayor Taylor ......... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:50 p.m.
APPROVED
City Clerk
m
684
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 21, 1989
2:00 p.m.
The Council of the City of Roanoke meL in regular meeting in the
Council Chamber, fourth floor of the Municipal Bui'lding, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 21, 1989, at 2:00 p.m., tile regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ...... 7.
ABSENT: None ............ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John W. Newman,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of chemical feeders at the Carvtns Cove Filter Plant,
said bids to be received by the City Clerk until 1:30 p.m., on Tuesday,
February 21, 1989, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Acorn Construction, Ltd.
H. Hamner Gay and Company, Inc.
$53,700.00
57,896.00
59,948.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss a matter
regarding the acquisition of real property for public purpose, and a
personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, November 14, 1988, and Monday, November 21, 1988, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
m
m
m
ACTION:
ACTION:
ACT~0N:
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that tile minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ...... 7.
NAYS: None .... O.
COMPLAINTS-ANIMALS: A report of the City Manager with regard to
concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E.,
relating to dogs being maintained at 2819 Kennedy Avenue, N. E., and
more specifically questioning whether or not the dogs had been
licensed, was before Council.
It was pointed out that subsequent to Mr. Cruise's appearance
before Council, an Animal Control Officer investigated the conditions
at 2819 Kennedy Avenue and found them to be compliance with Ordinances
regulating dogs; that at the time, three dogs were found inside a
fenced-in yard and they had received tile appropriate shots and licen-
ses; and excessive barking and/or odors were not found.
The City Manager advised that Animal Control Officers have perodi-
cally checked the location since Mr. Cruise's appearance before
Council, and they have found both the dogs and the owners maintenance
of the dogs to be in compliance with ordinance requirements. Mr.
Herbert further advised that the area will be checked regularly for
possible animal control violations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......................... 7.
NAYS: None .............................
CITY JAIL-SHERIFF: A communication from The Honorable W. Alvin
Hudson, Sheriff, City of Roanoke, transmitting a Modification to the
Inter governmental Agreement with the United States Marshals Service,
which increases the rate paid by federal agencies for housing federal
prisoners in the Roanoke City Jail from $35.00 to $44.00 per day, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........ 7.
NAYS: None ..................................................... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
685
686
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... -7.
NAYS: None .....................................
-0.
PERSONNEL: A report of qualification of Mr. L. Bane Cobane as a
member of the Personnel and Employment Practices Commission to fill the
unexpired term of Mr. Robert C. Poole, resigned, ending June 30, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... -7.
NAYS: None ........ O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ........ O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The City Manager submitted a written report
advising that the landfill currently used by the City and operated by
the Roanoke Valley Regional Solid Waste Management Board will be at
capacity in three to four years; that a new landfill will be required
to meet more stringent regulations of the Virginia Department of Waste
Management which will result in an estimated per ton disposal charge
("tipping fee") of $30.00 to $35.00 (1991 dollars); and solid waste
disposal charges have already begun to increase in preparation for
costs of closing the current landfill and constructing a new one.
It was pointed out that the Regional Solid Waste Management Board
commissioned a recycling study; that it has been submitted to par-
ticipating local governments for their comments; and existing recycling
efforts within the City of Roanoke include:
Drop-off center, operated by Clean Valley Council
and Cycle Systems;
Private sector buy-back centers;
SSA]
ACTION:
Recycling of paper and other materials by busi-
nesses and industries;
Cycle Systems and other private sector recycling
and salvage operations;
Recycling activities sponsored by volunteer organi-
zations; and
City government activities, such as the drop-off
center to be established at the Public Works
Service Center off Williamson Road, paper recycling
within the Municipal Building complex, reuse of
leaf collections and brush and stumps from City
property for mulch, and use of sludge for land
application.
The City Manager explained that the City has a recycling task
force which will provide a recommended action plan for City recycling
activities; that the timeframe for study is approximately six-months
with an anticipated completion date of mid-July; and the factors to be
considered by the task force include the following, but are not limited
to:
Needs and abilities of Roanoke citizens;
Assessment of recycling alternatives set out in
Olver, Inc.'s recycling evaluation;
Need and opportunities for regional coordination of
recycling activities;
Establishment of City recycling goals;
Cost and budget impacts of feasible recycling
options; and
Estimated timeframe for implementation of recycling
efforts.
It was further explained that the Task Force and the City are com-
mitted to obtaining adequate citizen input during early stages of the
xtudy process; that survey of City residents and citizen workshops will
be utilized to obtain input; that citizen input and guidance is extre-
mely important to planning and development of City recycling programs
and activities; that citizen survey and workshops are planned as a
means to obtain input from and information about citizens' attitudes,
opinions and preferences; and funding is available to undertake the
survey and to conduct the workshops.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Trout and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-EASEMENTS: The City Manager submitted a
written report advising that Hershberger Road improvements have been
completed after a number of highway projects covering a number of
years; that street lighting on areas with overhead electrical lines has
been installed in the Williamson Road area, west to Grandview Avenue,
N. W., and Ordway Drive west to Cove Road, N. W.; that provisions were
made for future street lighting on and under bridges during various
construction projects; and the City has a Street Lighting Agreen~ent
with Appalachian Power Company which establishes the cost of facilities
and monthly operating and maintenance costs.
ACTION:
ACTION:
655
It was explained that implementation of the following projects,
not approved for grant funding at this time, would have to be con-
sidered in the future, subject to the availability of $100,000.00 in
additional funds, as follows:
Smith Park - Replace children's play areas
($60,00'0.00)
Washington Park - Replace tennis court lighting
($40,000.00)
The City Manager recommended the following:
Accept the offer made by the Division of Planning
and Recreational Services, Commonwealth of
Virginia, to provide $200,000.00 in Virginia
Outdoors Fund Grant for fifty per cent of the total
cost of certain improvement projects at Wasena,
Washington and Eureka Parks.
Authorize the City Manager to file and execute
required documents relative to the acceptance of
the subject grant offer and the implementation of
the total project.
Appropriate $400,000.00 to an account to be
established in the Capital Projects Fund by the
Director of Finance for improvements to Wasena,
Washington and Eureka Parks. Also, establish a
receivable account, as follows:
Virginia Outdoors Fund Grant
1988 Park Bond Funds
$200,000.00
80,000.00
Capital Maintenance and Equipment
Replacement Program (1988-89)
120,000.00
Total Appropriations $400,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29442) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 96.)
Mr. Trout moved the adoption of Ordinance No. 29442. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....................... 6.
NAYS: None ~ O.
(Council Member Bowers was absent.)
Mr. Trout offered the following Resolution:
(#29443) A RESOLUTION authorizing the acceptance of a Virginia
Outdoors Fund grant for park improvement projects and authorizing exe-
cution of required grant documents on behalf of the City.
(For full text of Resolution, see Resolution Book No. 51, page 97.)
Mr. Trout moved the adoption of Resolution No. 29443. The motion
was seconded by Mr. Garland and adopted by the following vote:
6,56
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....... 6.
NAYS: None ........
(Council Member Bowers was absent.)
Oe
EMERGENCY SERVICES (COMPUTER AIDED DISPATCH SYSTEM): The City
Manager submitted a written report in connection with a Software
Maintenance Contract for the Computer-Aided Dispatch System, advising
that the Enhanced 9-1-1 emergency telephone system was activated on
October 5, 1987; that public acceptance is demonstrated by high usage
of emergency calls being received on the new 9-1-1 system; and on
June 27, 1988, Council authorized him to negotiate a contract for
software maintenance and modification services to support the CAD
system, and further authorized the Director of Finance to establish a
new account entitled, "CAD/9-1-1 Software Development", allocating
$55,000.00 for this purpose.
It was pointed out that final acceptance and testing is currently
scheduled for April, 1989, which will bring the system to full use;
that on-going software maintenance, subsequent to final acceptance,
must be provided for this critical public safety system in order to
protect the City's investment and to insure the safety of Roanoke resi-
dents, and City staff will then have time to examine other options for
providing maintenance in future years; and NCR Corporation is the sole
so~rce vendor for this contract at the present time, and other com-
paaies may provide this newly developed CAD software in the future at a
competitive cost.
The City Manager recommended that he be authorized to contract
with NCR Corporation to provide for software maintenance and modifica-
tion services, in a form acceptable to the City Attorney, in an amount
not to exceed $55,000.00.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#29444) AN ORDINANCE authorizing the City Manager to contract
with NCR Corporation to provide software maintenance and modification
services to the City in connection with the City's public safety
Computer Aided Dispatch System (CAD); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 97.)
Mr. Trout moved the adoption of Ordinance No. 29444. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........ .6.
NAYS: None ......... -0.
(Council Member Bowers was absent.)
EQUIPMENT-SHERIFF: The City Manager submitted a written report
concurring in a report of a bid committee with regard to the leasing of
vehicles for the Sheriff's Department.
The bid committee recommended that Council accept the lowest bids
to lease vehicles for the Sheriff's Department for a period of 48
months, as follows:
One new full-size, four door sedan from Magic C(ty
Motor Corporation for the cost of $407.48 per month.
Two new eight passenger window vans from Dominion
Car Company for the cost of $415.70 per month, per
unit.
(For full text, see reports on file in the City Clerk's Office.)
657
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29445) AN ORDINANCE providing for lease of three motor vehicles
for use by the Sheriff's Department, upon certain terms and conditions,
by accepting bids made to the City for the lease of such vehicles; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 98.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29445. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................ 6.
NAYS: None ...................
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance presented copy of the
financial report for the City of Roanoke for the month of December,
1988.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke, {1979), as
amended, establishing a procedure for the election of School Board
Trustees, she would like to advise Council that the three year terms of
Messrs. Edwin R. Feinour and Donald Bartol will expire on June 30,
1989, was before the body.
She pointed out that according to Section 9-16, on or before
February 15 of each year, Council shall announce its intention to elect
trustees of the School Board for terms commencing July I through (1)
public announcement of such intention at two consecutive regular
sessions of the Council and (2) advertisement of such intention in a
newspaper of general circulation in the City twice a week for two con-
secutive weeks.
She further pointed out that Section 9-17 provides that all
applications must be filed in the City Clerk's Office by March 10,
noting that applications would be received until 5:00 p.m., on Friday,
March 10, 1989; that application forms were available in the City
Clerk's Office and could be obtained between the hours of 8:00 a.m.,
and 5:00 p.m., Monday through Friday, and information describing the
duties and responsibilities of School Board Trustees would also be
available for interested applicants.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
REPORTS OF COMMITTEES:
CITY PROPERTY-SCHOOLS-INDUSTRIES: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Con~nittee, presented a written
report on behalf of the committee, recommending that Council authorize
the lease of a 6,572 square foot space in the Jefferson High School
Shop area to Roanoke Dyeing and Finishing, a Division of Twin City
Textiles, Inc., for an initial six month period, at a lease fee of
$200.00 per month, with the lessee to provide public liability and
other required insurance in amounts acceptable to the City's Risk
Manager.
658
ACTION:
A staff report pointed out that the Jefferson High School property
has been vacant for a number of years; that efforts to find a new use
for the total facility has been ongoing; that the shop area on the rear
of the structure (Luck Avenue side) is a single sto~y industrial type
building with concrete floor, high ceiling clearance and large garage
type access doors, with no available utilities in the area; that the
shop area has been used at various times for storage and for painting
the Parks Department picnic tables during the winter months; that the
major portion of the area is currently vacant with another portion
being used for School Board storage; and Roanoke Dyeing and Finishing
Company has purchased the old Roanoke Mills - Tultex facility west of
6th Street, S. W., across the street from the subject property, and is
in the process of remodeling the area for their use.
It was explained that Roanoke Dyeing and Finishing Company needs a
secure indoor area in which to sort and organize equipment being deli-
vered for installation in their plant; that the shop portion of the
building is generally divided into three areas; viz: Space A is
approximately 124' x 53' in size, 6,572 square feet and is vacant and
available for use, Space B is now in use for School Board storage and
Space C is vacant, but access doors are too small for entrance by
industrial forklifts, etc.
It was further explained that Roanoke Dyeing and Finishing Company
has asked to lease Space A for $200.00 per month for an initial six
month period; that the Company will provide a security fence or wall
between Spaces A and B and will provide electricity to Space A for
lighting and to raise and lower the door onto 6th Street, S. W., and
will provide insurance and other protection to the City as required.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first readiilg:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease b~tween the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor .......... 6.
NAYS: None ......
(Council Member Bowers was absent.)
CITY PROPERTY-PARKS AND PLAYGROUNDS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council authorize
the lease of a portion of Buena Vista Recreation Center to the Con,non-
wealth of Virginia Division of Historic Landmarks, at no charge, for a
period of one year, with utilities, and with maintenance of building
systems and minor improvements needed to bring the building up to
Building Code standards for occupancy to be provided by the City.
A staff report pointed out that strategies to assist the City in
developing a more active historic preservation program were presented
to Council on September 12, 1988, and Council authorized the admi-
nistration to move forward on the development of said strategies; and a
technical assistance program was one of the recommended strategies and
included the following two approaches:
City sponsored effort to assist property owners or
property developers desiring to rehab historic pro-
perties. City Council, at its November 14, 1988,
meeting approved $20,000.00 for this program.
m
ACTION:
659
State sponsored effort (establishing a pilot
regional preservation center) in Roanoke was to be
pursued.
It was further pointed out that the City applied to the State
Division of Historic Landmarks to be the host locality for the Pilot
Regional Preservation Center Program; that space for office personnel
and archaeology lab and other inkind general services were a part of
the City's application; and Governor Baliles announced the City of
Roanoke as the host locality for the State's first regional preser-
vation center program on November 3, 1988.
It was explained that the regional center will employ four pro-
fessional staff persons; that an archaeologist with the Jefferson
National Forest will also be involved with the center; that the center
would be operational in January, 1989; that office and laboratory space
is available at Buena Vista in vacant rooms that currently are not uti-
lized for City recreation programs; that the space is located in the
basement and in the second story wing of the house; and Buena Vista
will continue as a recreation center.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
The motion was seconded by Mr. Fitzpatrick and adopted'by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................................ 6.
NAYS: None .............................
(Council Member Bowers was absent.)
BUDGET-ACQUISITION OF PROPERTY-SEWERS AND STORM DRAINS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Con~nittee,
presented a written report on behalf of the Committee, recommending
that Council take the following actions:
Authorize the City Manager to make an offer of
$145,000.00 to purchase property and easements in
connection with the Williamson Road Storm Drain,
Phase II, Contract I-D - Storn~ater Retention
Basin.
Authorize the proper City officials to institute
and conduct condemnation proceedings, if necessary.
Appropriate $145,000.00 from the 1988 Series Public
Improvement Bonds, Storm Drain Category, into an
account entitled "Williamson Road Retention Basin"
to be established by the Director of Finance.
A staff report pointed out that the project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of 4.5 acres of storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
660
ACTION:
ACTION:
Company, et al., Official Tax No. 2360101; that a retention facility
is critical in regard to further scheduling of the last three remaining
segments of the Williamson Road Storm Drainage System which will serve
the Round Hill/Grandview/Huff Lane areas; and storm water control pro-
vided by this facility must be in place before the other three segments
can be scheduled or advertised for construction.
It was further pointed out that project design for the retention
facility is now complete; that necessary reviews have been made and it
is imperative to advertise for construction at the earliest possible
date in order to maintain the current schedules for the overall
Williamson Road Storm Drainage System; that appraisals of the 4.5 acre
tract for the retention facility and associated easements have been
made both by the City and the property owner with the owner's appraisal
being ten per cent higher than the City; and the City Administration
concurs with the owner's appraisal of $145,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
"AN ORDINANCE to amend and reordain certain sections of the
1988-89 Capital Fund Appropriations, and providing for an emergency."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council Members Garland, Musser, Trout and Bowles
NAYS: None ..........................
Oe
(Council Member Bowers was absent.)
Fitzpatrick abstained from voting.)
(Mayor Taylor and Vice-Mayor
Mr. Trout moved that action on the matter be deferred until the
next regular meeting of Council on Monday, February 13, 1989. The
motion was seconded by Mr. Musser and adopted.
SPECIAL PERMITS: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, recommending that Council authorize a standard revocable
license, in a form approved by the City Attorney, to allow the con-
tinuation of the encroachment of the retaining wall at 2314 Patterson
Avenue, S. W., in accordance with terms and conditions of a staff
report.
It was pointed out that Breakell, Inc., on October 30, 1987,
received a building permit to construct a retaining wall adjacent to
and east of the existing structure; that this type of building permit
does not require a previously approved site plan, but does require
inspections; that the Engineering Department Inspector discovered on
March 25, 1988, that the wall parallel to Patterson Avenue, S. W.,
46'-6" long, had been constructed two feet into the public right-of-
way, and, in addition, the footing for the wall extended twelve inches
further into the right-of-way; and Breakell, Inc., was aware of the
encroachment prior to that date and h~dmarked the right-of-way line on
the wall.
It was stated that Breakell, Inc., had its property surveyed prior
to construction of the wall; that based upon initial (later found to be
preliminary) locations of survey stakes set to mark the street rightof-
way/front property line, the retaining wall was begun; that as a pre-
caution, it was located six inches back onto private property; that
since they had a crew standing by to do the job, Breakell, Inc., was
well along with construction before the surveyors returned, after
refining the data, and moved the stakes south onto private property
enough to place the wall two feet into the street right-of-way; and the
Building Inspection Department should have been notified to perform an
inspection of the footing for the wall, but was not informed in time.
It was further stated that Breakell, Inc., on August 18, 1988,
requested that Council authorize a permit to allow them to maintain the
enccoachment of the wall and footing into the street right-of-way; that
dreakell, Inc., was of the opinion that the error in locating the wall
was unintentional and was caused by poor judgement on the part of the
,!
ACTION:
ACTION:
petitioner and might have been avoided by appropriate and timely City
inspections; however, the encroachment presents no hazard, inasmuch as
the street right-of-way is seventy feet wide at this point, and would
be excessively expensive to remove or replace at a revised location out
of the public right-of-way.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313012, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Trout, Bowles, Fitzpatrick and
Mayor Taylor ........ 5.
NAYS: Council Member Musser ....
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-RED CROSS: Ordinance No. 29434 granting to the
American Red Cross, Roanoke Valley Chapter, a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, January 23, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
(#29434) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 90.)
Mr. Garland moved the adoption of Ordinance No. 29434. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....... 6.
NAYS: None ........................
(Council Member Bowers was absent.)
LEGISLATION-VETERANS HOME: Council Member Bowles offered the
following Resolution urging the 1989 Session of the General Assembly
and the United States Congress to appropriate funding for a much-needed
State nursing home for veterans to be located on a site to be donated
by the City of Roanoke.
(#29449) A RESOLUTION urging the 1989 Session of the General
Assembly and the United States Congress to appropriate funding for a
much-needed State nursing home for veterans to be located on a site to
be donated by the City of Roanoke.
(For full text of Resolution, see Resolution No. 51, page 98.)
§61
662
ACTION:
Mrs. Bowles moved the adoption of Resolution No. 29449. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ...................... _ ..... 6.
NAYS: None ........
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MENBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ARCHITECTURAL REVIEW BOARD-COMPLAINT: Mr. Melvin T. Patrick, 816
Franklin Road, S. W., appeared before Council and presented information
in connection with his original petition to the Architectural Review
Board for a Certificate of Appropriateness to construct a fence
surrounding a portion of his parking lot on Mountain Avenue, S. W.,
which is located within the boundaries of the area designated by
Council as H-l, Historic District. He stated that the Architectural
Review Board denied his request and he attempted to file an appeal with
the Council, pursuant to Section 36.1-642 (d) of the Code of the City
of Roanoke, (1979), as amended which provides as follows:
"Any property owner a99rieved by any decision of
the Architectural Review Board may present to the
City Council a petition appealing such decision,
provided such petition is filed within thirty (30)
days after the decision is rendered by the Board.
The City Council may reverse or modify the Board's
decision, in whole or in part, or it may affirm the
decision of the Board."
Mr. Patrick pointed out that he was one day late in submitting his
appeal to the City Clerk and was advised by Ms. Parker that the appeal
would not be placed on the agenda of City Council inasmuch as it had
not been filed in a timely fashion.
(For full text, see documents on file in the City Clerk's Office.)
Mr. Patrick referred to photographs of his office building on
Franklin Road and Elm Avenue, advising that a fence was constructed
around the parking lot which has three entrances. He explained that
for approximately eight months after purchasing the property, a problem
developed in which people were using the parking lot for various unde-
sirable purposes. He stated that a problem then developed with regard
to trash blowing into the parking lot from the adjoining neighborhood,
and during clean up efforts, syringes and other drug paraphernalia were
found. He added that he was very much concerned about the drug
problem; therefore, he contacted a local fence contractor who indicated
that he was a bonded building construction company with the City of
Roanoke. He advised that he then inquired of the contractor if there
was any action he needed to take insofar as obtaining the proper appro-
vals from the City of Roanoke prior to construction of the fence, and
he was assured by the contractor that inasmuch as he was bonded, no
additional steps needed to be taken.
After the fence was constructed, Mr. Patrick advised that he
received a letter from the Architectural Review Board informing him
that the fence had been constructed in a historic district. He stated
hat he followed the procedure which was outlined and appeared before
the Architectural Review Board for a Certificate of Appropriateness.
663
Mr. Patrick advised that construction of the fence had already
been completed. He pointed out that the fence was not offensive but
instead acted as a protective device to rid the neighborhood of unde-
sirables that use the parking lot at night. He stated that if he was
directed to remove the fence, he would do so without question or hesi-
tat~n, b~t adv~q~_d~that he would like some assurance from the City of
Roo~o~e.th~(~&~h~ea would be cleaned up, patroled by the police, and
sl~fe~Uardd~a~jaITns~ undesirable elements.
Mr. Patrick pointed out that the Architectural Review Board acted
within the perimeters of the law, but asked that Council make an
adjustment in the best interest of the community.
Upon question, the City Attorney advised that with the new Zoning
Ordinance which was enacted, Council adopted, for the first time, a
neighborhood overlay zone for historic preservation, and the H-2
District applied essentially to the area known as Old Southwest. He
stated that it is provided in the H-2 District, that no structure can
be erected without a Certificate of Appropriateness, which has been
issued by the Architectural Review Board. He added that a fence is a
structure which requires a building permit; that if Mr. Patrick had
sought and obtained a building permit, he should have been told about
the historic zoning provision, and if he had sought a Certificate of
Appropriateness before building his fence, he would have been told how
to build a fence that would have been in compliance with the Zoning
Ordinance.
Mr. Dibling advised that Mr. Patrick had thirty days following the
decision of the Architectural Review Board in which to file an appeal
with City Council; however, the appeal was not filed within the thirty
day period. He stated that the Zoning Ordinance is specific, and Mr.
Patrick could appeal to the Circuit Court if he was dissatisfied with
the action taken by Council.
ACTION:
Mr. Patrick asked that Council take the matter under consideration
prior to making a final decision.
Mr. Garland moved that the matter be referred to the City Manager
and the City Attorney for study, report and recon~m)ndation to Council
at a regular meeting to be held on Tuesday, February 21, 1989, at
2:00 p.m. The motion was seconded by Mr. Trout and adopted.
In discussing the matter with the City Manager and the City
Attorney, Mr. Fitzpatrick asked that Mr. Patrick consider the liability
of his contractor and the role that the contractor played in the
matter.
At 10:15 p.m., the Mayor declared the meeting in recess.
At 10:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
PERSONNEL: The Mayor advised that there was a vacancy on the
Personnel Employment and Practices Commission created by the resigna-
tion of Mr. Robert C. Poole, for a term ending June 30, 1990, and
called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. L. Bane Coburn.
m
There being no further nominations, Mr. Coburn was elected as a
member of the Personnel Employment and Practices Commission to fill the
unexpired term of Robert C. Poole, ending June 30, 1990, by the
following vote:
ACTION: FOR MR. COBURN: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 6.
(Council Member Bowers was absent.)
664
There being no further business, the Mayor declared the meeting
adjourned at 10:55 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 13, 1989
7:30 p.m.
665
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 13, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .R~ular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Robert A. Garland and Mayor Noel C. Taylor .... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Steven J.
Talevi, Assistant City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mrs. Queen Ester
Snell, Pastor, St. John's A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for alterations to aeration and nitrification basins at the Water
Pollution Control Plant, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, February 13, 1989, and to be held, opened
and read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
S. C. Rossi & Company, Inc.
H. Hamner Gay & Company, Inc.
Mechanical and Plumbing, Inc.
Acorn Construction Ltd.
Structures & Utilities Company, Inc.
$ 83,441.00
83,500.O0
88,281.17
89,800.00
112,900.00
Mr. Musser moved that the bids be referred to a co~nittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Mr.
French H. Hagy that a certain alley twelve feet in width extending in a
northwesterly direction from Eastgate Avenue, N. E., for a distance of
125 feet, situated between Official Tax Nos. 3230910 and 3230911, be
permanently vacated, discontinued and closed, the matter was before the
body.
666
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the City
has no current or future plans to utilize the undeveloped alley sec-
tion; that the applicant desires to build a patio at the rear of his
residence; that the patio would be situated within the alley right-of-
way; and recommended that tk.} alley be permanently vacated, discon-
tinued and closed, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29450) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 114.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the alley closure. There being none,
Ordinance No. 29450 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Roanoke
Country Club, Inc., that all of 36th Street, N. W., from its point of
beginning adjacent to the south right-of-way line of Densmore Road,
N.W., extended to its terminus approximately 135 feet south of
Densmore Road at the northern boundary line of the property of Roanoke
Country Club, Inc., bearing Official Tax No. 2671006, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request to close and permanently vacate 36th Street, N. W., be
approved, subject to the following conditions, was before Council.
That the applicant agree to have prepared and sub-
mitted to the City for approval, a plat of sub-
division showing the combination of Official Tax
Nos. 2671005 and 2671006, with that portion of
2671009 to be purchased by the applicant.
That official closure of 36th Street, N. W., be
made contingent upon the recordation of the sub-
division plat.
(For full text, see report on fil, in the City Clerk's Office.)
m
m
ACTION:
ACTION:
667
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29451) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 115.)
The motion was seconded by Mr. Garland.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the street closure. There being none,
Ordinance No. 29451 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................................ 6.
NAYS: None ........... O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Hickory Woods,
Inc., a Virginia Corporation, that a 1.20b acre tract of land and a
1.603 acre tract of land situated between King Street, N. E., and U. S.
Route 460, Hickory Woods, and being portions of Official Tax No.
7090521, be rezoned from RS-3, Residential Single Family District, and
LM, Light Manufacturing District, respectively, to RM-2, Residential
Multi-Family, Medium Density District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request was to rezone two parcels of land containing an existing
storm drain system/detention basin and entrance/exit roadway serving
the Hickory Woods apartments so that the entire complex has one. uniform
zoning classification, noting that no further development of the par-
cels was proposed, was before Council.
The Planning Commission recommended approval of the request for
rezoning, advising that the proposed rezoning of the two parcels would
be compatible with the existing use and would be consistent with the
zoning classification for the Hickory Woods apartment complex.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29452) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 116.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29452 was adopted, on its first reading, by the
following vote:
668
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....................................... 6.
NAYS: None ......................... O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Trustees of
St. John's Episcopal Church, that a tract of land lying in the 100
block of Elm Avenue, S. W., containing 0.34 acre, more or less, iden-
tified as Official Tax Nos. 1021005 - 1021007, be rezoned from C-1,
Office District, to RM-4, Residential Multi-Family, High Density
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a new
multi-family dwelling containing fifteen dwelling units, was before
Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that given the existing land uses along Elm
Avenue, S. W., and the need for infill housing of this type, the pro-
posed use was reasonable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29453) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 118.)
The motion was seconded by Mr. Fitzpatrick.
Mr. E. Griffith Dodson, Jr., Attorney, appeared before Council in
support of the r~qucst of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29453 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... -6.
NAYS: None .........
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Dana A.
Walker that a parcel of land located at 2416 Clifton Avenue, N. W.,
described as Lot 36, Block 2, Map of Villa Heights, identified as
Official Tax No. 2430806, be rezoned from RS-3, Residential Single
Family, Medium Density District, to RM-1, Residential Multi-Family, Low
Density District, subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
669
m
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
{See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the rehabilitation and reuse
of an existing single family structure for a duplex, was before
Council.
The Planning Commission reconmended that the request for rezoning
be approved, advising that given the physical condition of the pro-
perty, a well done multi-family unit would be more beneficial to the
area than a series of single family units that were not well main-
tained.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29454) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29454 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor .............. 5.
NAYS: Council Member Musser .........
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Ms. Crystal L.
Custer that a tract of land located at 2920 Sweetbriar Avenue, S. W.,
described as Lots 4 - 6, respectively, C. F. Kefauver Map, Official Tax
Nos. 1651004 - 1651006, respectively, be rezoned from RS-3, Residential
Single Family, Medium Density District, to C-1, Office District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertise~nt of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of ~he City Planning Commission advising that the purpose
of the request for rezoning was to permit the uses which are allowed in
the C-1 zone, more particularly, medical or professional office use,
was before Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that the petitioner had demonstrated a desire to
insure a minimal impact on the neighborhood by preserving existing
vegetation, by providing extra buffering and by siting the building in
such a manner as to utilize the changes in elevation across the site to
further buffer the building from the single family neighborhood; and
given the land use and zoning patterns along Brambleton Avenue, S. W.,
the proposed use of the property was reasonable.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29455) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29455 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ...... O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. James E.
Lyle, Jr., that a tract of land lying to the north of Wise Avenue,
S. E., at the intersection of 18th Street, being the rear portions of
two lots in Block 36 and a strip of land between Lots 35 and 36,
McDonald Addition, more particularly described as Official Tax Nos.
4210235, 4210237 and 4210238, be rezoned from RM-1, Residential Multi-
Family, Low Density District, to LM, Light Manufacturing District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit development of a general ser-
vices establishment primarily engaged in the repair or maintenance of
goods or items including automobiles, trucks, construction equipment
and the provision of business services, provided all repair and main-
tenance activities were wholly enclosed in a building of not less than
20,000 square feet in area, advising that upon approval of the
rezoning, the petitioner would request that a variance from the 20,000
square foot area requirement be granted to allow a 5,000 square foot
structure, due to topographical limitations.
The Planning Con~nission recon~ended that the request for rezoning
be approved, advising that the site's unique topography, and the fact
that the topography combined with existing vegetation, proposed
building location, and proposed buffering contribute to minimizing the
impact on the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29456) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 121.)
ACTION: The motion was seconded by Mr. Trout.
ACTION:
ACTION:
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29456 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..... ---6.
NAYS: None O.
(Council Member Bowles was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, coninissions and con~ittees
appointed by Council; and a legal matter.
COUNCIL: An oral request of Council Member Bowers that Council
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None O.
(Council Member Bowles was absent.)
COUNCIL: An oral request of Council Member Trout that Council
convene in Executive Session to discuss a legal matter within the
jurisdiction of the governing body, being the terms and conditions of a
contract under negotiation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a legal matter within the jurisdiction of
the governing body, being the terms and conditions of a contract under
negotiation, pursuant to Section 2.1-344 (a) (7), Code of Virginia
{1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- - ......6.
NAYS: None
Oe
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY: Ms. Ellen L. Brown, Director of
Human Resources, Total Action Against Poverty in the Roanoke Valley,
Inc., appeared before Council and highlighted certain outstanding
accomplishments of TAP for the year 1988, which are summarized as
follows.
672
ACTION:
Comprehensive Heal th Services to Children Ages
K-6
Northwest Supermarket Project
Transitional Living Program for Homeless Persons
Housing and Weatherization Program
Youth Services Program
Summer Youth Program
Employment Training
Emergency Services
Substance Abuse Prevention
Successful Transition of Ex-Offenders Return to
Roanoke
Comprehensive Services to Abused Women and Their
Children
Community Development
Black Cultural Education and the Fine Arts
Ms. Brown expressed appreciation for the support of the City of
Roanoke and presented the Mayor and Members of Council with a copy of
TAP's Annual Report and the Transitional Living Center Newsletter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium and the Roanoke City
Department of Social Services have recently been awarded a competitive
grant from the Governor's Employment and Training Department, in the
amount of $177,000.00, to administer a project entitled, IMAGE
(Independent Mothers Achieving Growth and Employment), which is
designed for teen mothers who are school dropouts, receiving Aid to
Dependent Children (ADC), and between the ages of 16-20; that Veterans
Project funds have beei~ awarded for the Consortium to continue serving
this targeted group for the period of December 23, 1988 to December 22,
1989; and Job Training Program legislation allows the Governor's
Employment and Training Department (primary funding source for the
Consortium), to rewar~ Service Delivery Areas (SDAs) that meet or
exceed performdnce standards under Title II-A, for any given program
year.
Mr. Kerbert stated that annual closeouts for Title II-A have been
submitted to the Governor's Employme)tt and Training Department by the
Consortihm for fiscal year 1988; that expenditure policies of the
Governor's Employment and Training Department for Title II-B (Summer
Youth Program) allows for the deobligation of unexpended funds in
excess of a maximum carryover restriction; and excess funds are
redistributed to Service Delivery Areas (SDA's) meeting expenditure
requirements.
m
673
It was pointed out that the Governor's Employment and Training
Department sent a Notice of Intent to Award, in the amount of
$177,000.00, to the Consortium to operate the Project, Independent
Mothers Achieving Growth and Employment; that the Consortium was
awarded a Veteran's Grant (NOA #89-183-01), in the amount of
$51,750.00; and the Governor's Employment and Training Department
awarded the Consortium an Incentive Grant (NOA #89-03-04) of
$97,894.00, for meeting and exceeding fiscal year 1988 performance
standards for Title II-A.
It was explained that unexpended, but appropriated fiscal year
1988 Title II-A funding, in the amount of $212,059.00, was available
to be transferred by the Governor's Employment and Training Department
(GETD), from last fiscal year into the current year; that the GETD's
allowable carryover policy, however, transferred only $189,016.00 into
the new fiscal year; that the Fifth District Employment and Training
Consortium received NOA #88-03-07 for $14,065.00 in reallocated Summer
Youth funds for excess carryover from the GETD; and due to the lateness
of the increase, the funds were not budgeted in last year's program and
will be utilized in the current year.
The City Manager recommended that Council appropriate the
Consortium's net funding adjustment of $317,666.00, and increase the
revenue estimate by $317,666.00 in accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29457) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 101.)
ACTION: Mr. Bowers moved the adoption of Ordinance No. 29457. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
LIBRARIES: The City Manager submitted a written report advising
that the John D. and Catherine T. MacArthur Foundation is a private,
independent, grant-making foundation which was created in 1978 for
charitable and public service purposes; and in 1988, the MacArthur
Foundation solicited applications from public libraries for their
library video classics project, a nationwide project to make Public
Broadcasting System prograni3ing available to public libraries.
It was pointed out that the Roanoke City Public Library applied
for and was awarded an outright grant of a video collection valued at
approximately $6,300.00.
The City Manager recommended that Council authorize acceptance of
the video collection, with a value of $6,300.00; and that he or his
designee be authorized to execute the necessary documents accepting the
grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29458) A RESOLUTION accepting a John D. and Catherine T.
MacArthur Foundation Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 103.)
674
ACTION:
Mr. Trout moved the adoption of Resolution No. 29458. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................... _ ........ 6.
NAYS: None .....................
(Council Member Bowles was absent.)
BUDGET-EQUIPMENT-HUMAN RESOURCES-MANAGEMENT INFORMATION SERVICES-
POLICE DEPARTMENT-DIRECTOR OF FINANCE-EMERGENCY SERVICES: The City
Manager submitted a written report concurring in a report of a bid com-
mittee appointed to tabulate bids received for the purchase of certain
vehicular equipment needed by certain Internal Services Departments.
The bid committee recommended that Council award the purchase of
vehicular equipment as follows:
Items #1 and #2 - Two new midsize sedans and one
full size sedan, awarded to R. K. Chevrolet, Inc.,
through the State Contract System, in the total
amount of $28,339.86.
Item #3 - One new midsize station wagon, as sub-
mitted by Allred Chevrolet, in the total amount of
$11,549.00.
Items #4 and #6 - One new 4-wheel drive station
wagon and eight new unmarked Police sedans, as sub-
mitted by Berglund Chevrolet, in the total amount
of $100,294.66.
Item #5 - Two new seven passenger mini vans,
awarded to World of Ford Sales, Inc., in the total
amount of $24,756.00.
Item #7 - One new heavy duty cargo van as submitted
by Magic City Ford, in the total amount of
$14,365.54.
Reject all other bids.
Appropriate $166,927.06 from the Capital Mainten-
ance and Equipment Replacement Program as follows:
$8,565.68 to Billings and Collections, Account
No. 001-004-1232-9010;
$23,927.00 to Social Services, Account No.
001-054-5314-9010;
$8,565.68 to Communications,
001-052-4130-9010;
Account No.
$11,208.50 to Building Inspections, Account
No. 001-052-3410-9010;
$15,700.10 to Nursing Home, Account No.
001-052-5340-9010;
$84,594.56 to Police Department, Account No.
001-050-3112-9010;
$14,365.54 to Signals and Alarms, Account No.
001-052-4160-9010; and
$12,378.00 from Internal Service Retained
Earnings to Management Services, Account No.
006-002-1617-9010.
(For full text, see reports on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29459) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 103.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29459. The
metion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor ......................................................... 5.
NAYS: None ......... O.
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
Mr. Musser offered the following emergency Ordinance:
(#29460) AN ORDINANCE accepting bids for certain vehicular equip-
ment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 104.)
Mr. Musser moved the adoption of Ordinance No. 29460. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor ........... 5.
NAYS: None ..............
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
EQUIPMENT-SNOW REMOVAL-CITY NURSING HOME: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
reference to bids for purchase of a compact diesel tractor with
snowplow assembly for the City Nursing Home.
The bid con~nittee recommended that Council accept the bid of
Mountcastle Ford Tractor Sales, Inc., in the total amount of
$15,281.00; and appropriate $15,281.00 from the Capital Maintenance and
Equipment Replacement Program to Nursing Home, Account No. 001-054-
5340-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29461)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 105.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29461. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ...........
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29462) AN ORDINANCE providing for the purchase of a compact
diesel tractor with snowplow assembly, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 106.)
675
676
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29462. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......................... 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with reference to
the purchase of a new articulating loader for use in the Street
Maintenance Department.
The bid committee recommended that Council accept the bid of Baker
Brothers, Inc., in the total amount of $62,379.00, including perfor-
mance bond, and reject all other bids; and appropriate $62,379.00 from
the Capital Maintenance and Equipment Replacement Program to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29463)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29463. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ......... -0.
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29464) AN ORDINANCE accepting a bid for furnishing one new
articulating loader to the City; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29464. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... -6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-INDUSTRIES: The City Manager submitted a written
report with regard to a contract between the City of Roanoke and Cova
Corporation (a wholly-owned subsidiary of United Parcel Service of
America, Inc. (UPS)).
The City Manager advised that United Parcel Service currently
leases a 51,000 square foot building in Statesman Industrial Park; that
large increases in mail order business and the addition of a hub com-
ponent have made it necessary for UPS to expand its operations; that
Cova is negotiating to buy 50 acres of land from the Andrews family for
its proposed new location on Thirlane Road; that Thirlane Road must be
improved, approximately 1.5 miles, from the Peters Creek Road intersec-
tion to the Comfort Inn Motel to accommodate industrial/commercial
development; that cost estimates for the improvements total approxima-
tely $1,000,000.00; that the project appears to be eligible for State
Industrial Access funds; and the City has its full allocation of
$450,000.00 available between now and the end of June.
677
It was explained that Cova is also negotiating to buy 13 acres of
land across from its proposed site; that this property is necessary for
road realignment; that relocation of Thirlane Road onto Airport
Commission property may be necessary to a minor extent to provide
better road alignment around Runway 6; that water and sewer extensions
to the property are required; that depending on which alternatives are
ultimately pursued, estimated costs of utility extensions are
$200,000.00 to $400,000.00; and Cova will pay for water/sewer exten-
sions under City extension policies.
m
It was further explained that Cova proposes to construct, in Phase
I, a building of about 200,000 square feet, with a total building and
equipment investment of $20.5 million; that employment will increase
from the current full-time equivalent of 231 persons to 368; that pay
scale for the jobs is substantially above manufacturing wages; and the
following represents major components of the contract:
"Cova to acquire the 13 acre Garst property across
from its proposed site (condemnation by the City
fer right-of-way an alternative with full reimbur-
sement by Cova).
Cova to pay for all off-site utilities under City
extension policies and code required on site work.
Cova to construct facility as described.
Cova's performance as described above is contingent
upon City's making improvements to Thirlane Road.
Cova will reimburse the City for up to $35,000.00
in road design fees if Cora does not go forward
with the project."
i
The City Manager recommended that he be authorized him to execute
a contract defining the responsibilities of the City of Roanoke and
Cora regarding the facility to be constructed by Cova and public impro-
vements to be made by the City; that he be authorized to file an appli-
cation with the Virginia Department of Transportation for Industrial
Access reconstruction to serve UPS; and assure the Commonwealth
Transportation Board that the City will, if such project is approved,
provide adequate right-of-way, adjustment of any utilities affected by
construction, and future maintenance of the roadway through other
funding sources.
m
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29465) AN ORDINANCE authorizing execution by the City Manager
of a contract setting forth the responsibilities and obligations~ of
each party regarding a new facility to be constructed in the C~'ty a~d
for certain public off-site improvements to be made by the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 108.)
Mr. Trout moved the adoption of Ordinance No. 29465. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None ........ .0.
(Council Member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29466) AN ORDINANCE authorizing the City Manager to file an
application with the Virginia Department of Transportation for
$450,000.00 in Industrial Access Road Funds to provide industrial
access by realignment and reconstruction of Thirlane Road, N. W., to
serve a new industry in the City; setting out the need therefor; making
678
ACTION:
provision for furnishing the necessary ri9hts-of-way therefor and for
the adjustment of utilities; assuring that the City will maintain said
upgraded roadway; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 109.)
Mr. Trout moved the adoption of Ordinance No. 29466. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..................................................... 6.
NAYS: None ........
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES:
with regard to personnel
1988-89.
The Director of Finance presented a report
lapse for the first half of fiscal year
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29467) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 110.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29467. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ --6.
NAYS: None ........ O.
(Council Member Bowl~s u~s ~b~,,~.~
CITY CLERK:
SCHOOLS: The City Clerk presented a written report requesting
that certain dates be established in connection with the selection pro-
cess for School Board Trustees, pursuant to Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that Council concur in the following dates. The
motion was seconded by Mr. Garland and adopted.
On Monday, March 13, 1989, at 6:00 p.m., in the
Lobby of the Municipal Building, Council will hold
an informal meeting (reception), which will be open
to the public, with all candidates for school
trustee.
On Monday, March 27, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in the
Roanoke City Council Chamber, Council will review
and consider all candidates for the position of
school trustee. At such meeting, Council will
review all applications filed for the position and
may elect to interview candidates for such posiL
tions.
On Monday, April 10, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in ,the
Roanoke City Council Chamber, Council will, by
public vote, select from the field of candidates
those candidates to be accorded the formal inte~-
view and all other candidates will be eliminated
m
ACTION:
679
from the school trustee selection process. The
number of candidates to be granted the interview
will not exceed three times the number of positions
available on the Roanoke City School Board, should
there be so many candidates.
On Monday, April 17, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of citi-
zens.
On Tuesday, April 25, 1989, at 7:00 p.m., in the
Roanoke City Council Chamber, Council will hold a
meeting for the purpose of conducting a public
interview of the candidates for school trustee.
On Monday, May 8, 1989, at 7:30 p.m., or as soon
thereafter a; the matter may be heard, Council will
hold an election to fill the vacancies on the
Roanoke City School Board.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Council
Member Howard E. Musser, Vice Chairman of the Water Resources Con,nit-
tee, presented a written report on behalf of the Committee, advising
that property acquisition for the Williamson Road Storm Drain Phase
II, Contract I-D Stormwater Retention Basin Project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of a 4.5 acre storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
Company, et al, Official Tax No. 2360101.
Staff reports pointed out that the retention facility is critical
to further scheduling of the last three remaining segments of the
Wil)iamson Road Storm Drainage System which will serve the Round Hill/
Grandview/Huff Lane area; and storn~ater control provided by the faci-
lity must be in place before the other three segments can be scheduled
or advertised for construction.
It was advised that project design for the retention facility is
now complete; that the necessary reviews have been .made and it is
imperative to advertise for construction at the earliest possible date
in order to maintain the current schedules for the overall Williamson
Road Storm Drainage System; that appraisals of the 4.$ acre tract of
land for the retention facility and associated easements have been made
both by the City and the property owner, with the owner's appraisal 10%
higher than the City's; and the City Administration concurs with the
owner's appraisal of $145,000.00.
The Water Resources Committee reconm~nded that Council authorize
the City Manager to make an offer of $145,000.00 to purchase the pro-
perty and easements; that the proper officials be authorized to insti-
tute and conduct condemnation proceedings, if necessary; and that
Council appropriate $145,000.00 from the 1988 Series Public Improvement
Bonds, Storm Drain Category, into an account to be established by the
Director of Finance.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29468) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
680
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers and Garland
NAYS: None ......
(Council Member Bowles was absent.)
Fitzpatrick abstained from voting.)
(Mayor Taylor and
Vice-Mayor
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29469) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Williamson Road
Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the City for the
needed real estate; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; and directing the
mailing of this ordinance to the property owners.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers and Garland. 4.
NAYS: None ........ -0.
(Council Member Bowles was absent.) (Mayor Taylor and Vice-Mayor
Fitzpatrick abstained from voting.)
ANNUAL REPORTS-PLANNING: Mr. Michael M. Waldvogel, Chairman of
the City Planning Conmission, appeared before Council and presented the
Annual Report of the Commission for the year 1988, advising that 1988
was a busy and productive year; that the major accomplishment for the
year was initiation of the neighborhood planning program, an outgrowth
of Roanoke Vision, the City's adopted comprehensive plan; that during
the year, the Planning staff completed the planning process in the
South Roanoke neighborhood and expects to bring the plans for
Hershberger Hills and Mudlick/Deyerle to the Planning Con~ission and
Council in the near future; and the Commission also participated in
regional planning efforts, as well as workshops, on the Roanoke River
Flood Reduction Study.
It was pointed out that in 1988, the Commission reviewed 25
rezoning requests and 14 street and alley closures; that staff reviewed
110 subdivision requests and 115 site plans; that the Commission
reviewed and approved 6 site plans; and, at the Cnmmission's annual
organizational meeting, the following officers were selected for the
upcoming year:
Chairman: Michael M. Waldvogel
Vice-Chairman: Paul C. Buford, Jr.
Agent/Secretary: John R. Marlles
The Chairman pointed out that in the coming year, the Commission's
top priority will be to continue the neighborhood planning process in
three additional neighborhoods; that the Con~nission will also be con-
sidering further amendments to the City's zoning regulations; and the
City Planning Commission greatly appreciates the cooperation Council
has given during the past year and looks forward to another year of
cooperation and progress in its planning efforts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
681
ACTION:
BUDGET-TRAFFIC-SEWERS AND STORM DRAINS: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for certain intersection improvements at Orange Avenue
and Granby Street, N. E., presented a written report on behalf of the
Con~nittee recommending that Council authorize the City Manager to exe-
cute a unit price contract with H & S Construction Company, in the
amount of $159,714.82 and also execute a unit price amendment, in the
amount of $40,143,50, if the coranercial site owner pays the City
$42,200.00 within thirty days and posts bond to ensure that road impro-
vements are constructed to his site within six months. It was further
recon~ended that Council appropriate and authorize transfer of funds to
an account to be established by the Director of Finance for Orange
Avenue and Granby Street Intersection from 1988 Bond Interest, in the
amount of $150,000.00, Traffic Signal General Account No. 008-052-9560-
9065, in the amount of $26,000.00; and a contribution from the commer-
cial site owner, in the amount of $42,200.00.
The City Manager submitted a written report concurring in the
recommendation of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(~29470) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 112.)
Mr. Garland moved the adoption of Ordinance No. 29470. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bower~, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29471) AN ORDINANCE accepting the bid of H & S Construction
~ompany, of Roanoke, Virginia, for certain intersection improvements at
Orange Avenue and Granby Street, N. E., as well as an additional signal
for a commercial site, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 113.)
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29471. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None--- O.
(Council Mend~er Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SCHOOLS-CITY PROPERTY: Ordinance No. 29446 authorizing and
directing the proper City officials to enter into a six month lease
between the City and Roanoke Dyeing and Finishing, a Division of Twin
City Textiles, Inc., for use of a portion of the Jeffersol~ High School
Shop, upon certain terms and conditions, having previously been before
the Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
682
ACTION:
ACTION:
ACTION:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease between the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
Mr. Trout moved the adoption of Ordinance No. 29446. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ..................................... 6.
NAYS: None ...................................
(Council Member Bowles was absent.)
-0.
PARKS AND PLAYGROUNDS: Ordinance No. 29447 authorizing and
directing the proper City officials to enter into a one-year lease bet-
ween the City and the Commonwealth of Virginia Division of Historic
Landmarks, for use of portions of Buena Vista Recreation Center, for a
i~riod of one year with an option to renew for one additional year,
upon approval of the City Manager, having previously been before the
Council for its first reading on Monday, February 6, 1989, read and
adopt:d o, its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29447. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .... 6.
NAYS: None ........
(Council Member Bowles was absent.)
SPECIAL PERMITS: Ordinance No. 29448 granting revocable con-
ditional permits to Breakell, Inc., General Contractors, for certain
existing structures encroaching over and into the right-of-way of the
south side of Patterson Avenue, S. W., (2314 Patterson Avenue), Lot 21,
Block 50, Map of West End and River View, Official Tax No. 1313102,
upon certain terms and conditions, having previously been before.the
Council for it~ first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313102, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Trout moved the adoption of Ordinance No. 29448. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor .......... 5.
NAYS: Council Member Musser ........
(Council Member Bowles was absent.)
683
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE,
OTHER HEARINGS OF CITIZENS: NONE.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CONSOLIDATION-COUNCIL: The Mayor advised that when the Con-
solidation Negotiating Team between Roanoke City and Roanoke County met
for the first time, he made it known that there was a possibility that
he might find it necessary to step down as a member of the City's team
due to an extremely heavy schedule of activities to which he had
already committed. He stated that for some time, he had been concerned
over the expanding nature of his activities, advising that he had
overextended himself as far as his personal schedule, and explained
that it would be proper at this time that he refrain from accepting any
additional assignments.
The Mayor stated that he would like to do the job of Mayor to the
best of his ability, using time to the best advantage, and he would
like to do a smaller number of things very well rather than to delve
into too many things and not make the maximum contribution according to
his abilities. He expressed appreciation to the Council for allowing
him to serve as one of the representatives to the negotiating team, and
requested that Council place in nomination the name of a person to
replace him as a member of the City's team to the City/County Consoli-
dation Negotiating Team.
Mr. Trout placed in nomination the name of Council Member
Howard E. Musser.
There being no further nominations, Council Member Musser was
elected as a City representative to the City/County Consolidation
Negotiating Team, by the following vote:
ACTIOn: FOR COUNCIL MEMBER MUSSER: Council Members Musser, Trout, Bowers,
.Fitzpatrick, Garland and Mayor Taylor ............... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:50 p.~a.
APPROVED
City Clerk
684
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 21, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 21, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor .................. 7.
ABSENT: None-- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John W. Newman,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of chemical feeders at the Carvins Cove Filter Plant,
said bids to be received by the City Clerk until 1:30 p.m,, on Tuesday,
February 21, 1989, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Acorn Construction, Ltd.
H. Hamner Gay and Company, Inc.
$53,700.00
57,896.00
59,948.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss a matter
regarding the acquisition of real property for public purpose, and a
personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, November 14, 1988, and Monday, November 21, 1988, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
685
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor- 7.
NAYS: None
m
m
ACTION:
COMPLAINTS-ANIMALS: A report of the City Manager with regard to
concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E.,
relating to dogs being maintained at 2819 Kennedy Avenue, N. E., and
more specifically questioning whether or not the dogs had been
licensed, was before Council.
It was pointed out that subsequent to Mr. Cruise's appearance
before Council, an Animal Control Officer investigated the conditions
at 2819 Kennedy Avenue and found them to be compliance with Ordinances
regulating dogs; that at the time, three dogs were found inside a
fenced-in yard and they had received the appropriate shots and licen-
ses; and excessive barking and/or odors were not found.
The City Manager advisJd that Animal Control Officers have perodi-
cally checked the location since Mr. Cruise's appearance before
Council, and they have found both the dogs and the owners maintenance
of the dogs to be in compliance with ordinance requirements. Mr.
Herbert further advised that the area will be checked regularly for
possible animal control violations.
{For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowl es, Fitzpatrick,
Garland, Musser and Mayor Taylor-- 7.
NAYS: None O.
CITY JAIL-SHERIFF: A communication from The Honorable W. Alvin
Hudson, Sheriff, City of Roanoke, transmitting a Modification to the
Inter governmental Agreement with the United States Marshals Service,
which increases the rate paid by federal agencies for housing federal
prisoners in the Roanoke City Jail from $35.00 to $44.00 per day, was
before Council.
(For full text, see co~nication on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor--
Bowers, Bowles, Fitzpatrick,
7.
NAYS: None O.
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 ia) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 ia) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
686
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 7.
NAYS: None O.
PERSONNEL: A report of qualification of Mr. L. Bane Cobane as a
member of the Personnel and Employment Practices Commission to fill the
unexpired term of Mr. Robert C. Poole, resigned, ending June 30, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... 7.
NAYS: None O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The City Manager submitted a written report
advising that the landfill currently used by the City and operated by
the Roanoke Valley Regional Solid Waste Management Board will be at
capacity in three to four years; that a new landfill will be required
to meet more stringent regulations of the Virginia Department of Waste
Management which will result in an estimated per ton disposal charge
("tipping fee") of $30.00 to $35.00 (1991 dollars); and solid waste
disposal charges have already begun to increase in preparation for
costs of closing the current landfill and constructing a new one.
It was pointed out that the Regional Solid Waste Management Board
commissioned a recycling study; that it has been submitted to par-
ticipating local governments for their comments; and existing recycling
efforts within the City of Roanoke include:
Drop-off center, operated by Clean Valley Council
and Cycle Systems;
Private sector buy-back centers;
ACTION:
Recycling of paper and other materials by busi-
nesses and industries;
Cycle Systems and other private sector recycling
and salvage operations;
Recycling activities sponsored by volunteer organi-
zations; and
City government activities, such as the drop-off
center to be established at the Public Works
Service Center off Williamson Road, paper recycling
within the Municipal Building complex, reuse of
leaf collections and brush and stumps from City
property for mulch, and use of sludge for land
appl ication.
The City Manager explained that the City has a recycling task
force which will provide a recommended action plan for City recycling
activities; that the timeframe for study is approximately six-months
with an anticipated completion date of mid-July; and the factors to be
considered by the task force include the following, but are not limited
to:
Needs and abilities of Roanoke citizens;
Assessment of recycling alternatives set out in
Olver, Inc.'s recycling evaluation;
Need and opportunities for regional coordination of
recycling activities;
Establishment of City recycling goals;
Cost and budget impacts of feasible recycling
options; and
Estimated timeframe for implementation of recycling
efforts.
It was further explained that the Task Force and the City are com-
mitted to obtaining adequate citizen input during early stages of the
study process; that survey of City residents and citizen workshops will
be utilized to obtain input; that citizen input and guidance is extre-
mely important to planning and development of City recycling programs
and activities; that citizen survey and workshops are planned as a
means to obtain input from and information about citizens' attitudes,
opinions and preferences; and funding is available to undertake the
survey and to conduct the workshops.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Trout and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-EASEMENTS: The City Manager submitted a
written report advising that Hershberger Road improvements have been
completed after a number of highway projects covering a number of
years; that street lighting on areas with overhead electrical lines has
been installed in the Williamson Road area, west to Grandview Avenue,
N. W., and Ordway Drive west to Cove Road, N. W.; that provisions were
made for future street lighting on and under bridges during various
construction projects; and the City has a Street Lighting Agreement
with Appalachian Power Company which establishes the cost of facilities
and monthly operating and maintenance costs.
687
It was pointed out that the Airport Terminal Building, located on
Aviation Drive, is scheduled for completion on or before September
1989, which will increase traffic on the Hershberger Road/Aviation
Drive interchange; that Townsquare Shopping Center's new entrance
located on Aviation Drive, also has increased traffic weaving on the
interchange; that there presently is no street lighting located on
Aviation Drive, Hershberger Road from Ordway Drive to Grandview, and
City maintained streets, (Valley View North, Valley View West, and
Valley View Boulevard), into Valley View Shopping Center; and the area
is very dark and consists of two interchanges, thus requiring a nuTber
of lane changes to leave [-581 northbound to proceed to the Airport.
The City Manager advised that plans and preliminary estimates have
been developed by Appalachian Power Company (APCO) at the City's
request, and in compliance with the street lighting agreement to pro-
perly light the abovementioned areas, and the following is not included
in the APCO estimate.
Underbridge lighting for Hershberger Road/Aviation
Drive;
Bridge light fixtures which the City is to provide
with a corresponding reduction in charge for
electrical cons~ption; and
Any contingencies.
It was further advised that final plans must be approved by the
Virginia Department of Transportation and the Federal Aviation
Admi ni st rati on.
The City Manager recommended that Council appropriate $310,000.00
from undesignated Capital Funds to a new account to be established by
the Director of Finance; and that he be authorized to issue purchase
orders to Appalachian Power Company for the required lighting
equipment.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29472) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 125.)
Mr. Bowers stated that installation of lighting along Aviation
Drive leading to the new Airport Terminal was a project that should be
accomplished; however, he questioned the method of funding and the pro-
posal to use $310,000.00 of City taxpayers' money. He further stated
that the question is, how much money will the City continue to spend on
a venture to which it has already made a commitment of $55 million. He
added that he would suggest to the Chairman of the Roanoke Regional
Airport Commission that the project should be a joint venture between
local governments in the Roanoke Valley. In concluding, he explained
that it was a noble project; however, he was concerned about the
funding mechanism and the precedent which will be set.
The City Manager advised that the Airport Commission has never
asked for the first street light to be installed in any of the areas
presently under discussion. He stated that when the project was
completed, there were insufficient funds to provide street lighting and
the normal kinds of post construction grading. He further stated that
the lighting should have been completed as far back as 1985 inasmuch as
it is a ptblic safety issue; and the City of Roanoke is charged with
the responsibility of addressing highway maintenance and standards. He
688
ACT ION:
ACTION:
explained that it has been the City's tradition, where there has been
development, that certain things are accomplished by City government,
one of which is to provide an adequate street system and the other is
to provide a safe surface on which to travel with appropriate lighting.
He pointed out that the Airport Commission, where it has available
funds, is willing to reach outside of the grounds of the Airport. He
noted that the Airport Con~ni ssi on will bring a budget to City Council
and the County Board of Supervisors which requires no local funds sUb-
sidy inasmuch as the Airport Commission is in a healthy situation and
operating on its own revenue. Mr. Herbert stated that he felt very
strongly that the project was a Roanoke City government charge and
responsibility and regreted that the City was approximately three years
late in meeting its obligation.
Mr. Bowers expressed further concern ~hout the placement of lights
along the parking lot at Valley View Shopping Center.
Mrs. Bowles moved the adoption of Ordinance No. 29472. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ...... 6.
NAYS: Council Member Bowers
¸1.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29473) AN ORDINANCE authorizing the purchase by the City of
certain required street lighting equipment for portions of Hershberger
Road and Aviation Drive, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 125.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29473. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor- .6.
NAYS: Council Member Bowers .................
: STADIUM-ARMORY: The City Manager submitted a written report in
connection with a proposal of Mr. Whitey Taylor to use Victory Stadi~mn
for automobile races, advising that Council, in 1951, 1954, 1961, 1965,
1966 and 1967, denied requests for permission to hold stock car races
in the Stadium inasmuch as they would be incompatible with the nearby
hospitals and neighborhoods; and the actions which were taken were in
response to concerns of citizens regarding increased noise, traffic,
etc., resulting from the auto racing.
It' was pointed out that auto racing in Victory Stadium would not
be compatible with several City plans adopted in the last ten years,
noting that the pla.qs were developed with sU)stantial inv,)lvement of
the citizens of Roanoke, a; follows:
Roanoke's Parks - Today and Tomorrow recommends
development of a sports comdex in the vicinity of
the Stadium to meet the need for competition
quality athletic ~cilities.
Sports Complex Master Plan includes a certified 400
meter track and other improvements, to enhance the
use of the Stadium. So far, over $3 million has
been invested to develop'quality athletic facili-
ties at the Complex that are compatible with each
other and al so with the adjoining land uses
(Residential, Medical and Commercial).
Roanoke Vision - South Roanoke Neighborhood Plan
recommends that the unique neighborhood character
and the quality of life of South Roanoke should be
maintained and protected.
ACTION:
ACTION:
ACTION:
ACTION:
689
The City Manager stated that neighborhood opposition has been
expressed against the request; that noise, traffic, image and com-
patability with adjoining uses are key concerns; and recommended that
Council deny Mr. Taylor's request to use Victory Stadium for automobile
races.
(For full text, see report on file in the City Clerk's Office.)
Mr, Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Bowers.
Mr. Whitey Taylor, petitioner, appeared before Council and
requested that a decision on the matter be deferred in order that he
might confer with his attorney on a proposed plan that could be more
palatable to everyone concerned.
Following discussion of the matter, Mr. Bowers offered a substi-
tute motion that.action on the request'of Mr. Taylor to use Victory
Stadium.for stock car racing be tabled until the regular meeting of
Council on Monday, March 20, 1989, at 2:00 p.m., or as soon thereafter
as the matter may be heard by the Council. The motion was seconded by
Mr.' Musser and unanimously adopted.: ~
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance presented the finan-
cial report of the City of Roanoke for the month of January, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the rep~rt be received and filed. The motion
was.seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No..29450 permanently vacating
discontinuing and closing a certa)n alley 12 feet in width, extending
in a northwesterly direction from Eastgate Avenue, N. E., for a
distance of 125 feet, situated between Official Tax Nos. 3230910 .~:nd
3230911, having previously been .before the Council for its first
reading, on Monday, February, 13, ~1989,- read' and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#29450) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 114.)
Mr. Trout moved the adoption of Ordinance No. 29450. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: : Council Members' Trout, B~wers, Bowles,'."Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None O.
STREETS AND ALLEYS: Ordinance No. 29451 permanently vacating,
discontinuing and closing all of 36th Street, N. W., from its point of
beginning adjacent to the south right-of-way line of Densmore Road,
N.W., extended to its terminus .approximately 135 feet south of
Densmore Road, at the northern boundary line of the property of Roanoke
Country Club, Inc., bearing Official Tax No. 2671006, having previously
been before the.Council for its first reading on Monday, February 13,
1989, read and adopted on its first reading and laid over, was again
before the body, Mr. Fitzpatrick offering the following for its second
reading and final adoption: ..
690
(#29451) AN ORDINANCE.permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 115.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29451. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor' Taylor ........ .7.
NAYS: Nolle-- O.
ZONING: Ordinance No. 29452 rezoning a 1,206 acre tract of land
and a 1.603 acre tract of land situated between King Street, N. E., and
U. S. Route 460, Hickory Woods, and being portions of Official Tax No.
7090521, from RS-3, Residential Single Family District, and LM, Light
Manufacturing District, respectively, to RM-2, Residential Multi-
Family,. Medium Density District, having previously been before the
Council for its first reading on Monday, February 13, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
ACTION:
ACTION:
(#29452) AN ORDINANCE to amend §36.1-3, Code .of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance BoOk No. 51, page 116.)
Mrs. Bowles moved the adoption of Ordinance No. 29452. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor ..... ..
NAYS: None--
Bowers, Bowles, Fitzpatrick,
'7,
-0.
ZONING: Ordinance No. 29453 rezoning a tract of land lying in the
100 block of Elm Avenue, S. W., containing 0.34 acre, more or less,
identified as Official Tax Nos..1021005.- 1021007, respectively, from
C-1, Office District, to RM-4,.Residential Multi-Family, High Density
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, FebFuary 13, 1989, read and .adopted on its first reading and
laid over, was again before the .body, Mr..Fitzpatrick offering the
following for its second reading and final adoption:
(#29453) AN ORDINANCE to amend §36.~]3, Code of the City of
R~anoke (1979), as amended, and Sheet No. 102,.Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
· . certain conditions proffered by the applicant.
{For full text of Ordinance, see Ordinance Book No. 51, page 118.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29453. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor .......
NAYS: None--, ....
Bowers, Bowles, Fitzpatrick,
7.
-0.
ZONING: Ordinance No. 29454 rezoning a parcel of land located at
2416.Clifton Avenue, N. W., described as Lot 36,.Block 2, Map of Villa
.Heights, Official Tax No. 2430806,~from RS-3, Residential Family, Low
Density District, subject to certain conditions proffered by the peti-
tioner, having previously been before the Council for its first reading
on Monday, February 13, 1989, read and adopted on its first reading and
laid over, was again before the body, Mr..Trout offering the following
for its second reading and final adoption:
ACTION:
ACTION:
ACTION:
691
(#29454) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
Mr. Trout moved the adoption of Ordinance No. 29454. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..... 7.
NAYS: None O.
ZONING: Ordinance No. 29455 rezoning a tract of land located at
2920 Sweetbriar Avenue, S. W., being Lots 4 - 6, respectively, C. F.
Kefauver Map, Official Tax Nos. 1651004 - 1651006, respectively, from
RS-3, Residential Single Family, Medium Density District, to C-1,
Office District, subject to certain conditions proffered by the peti-
tioner, having previously been before the Council for its first reading
on Monday, February 13, 1989, read and adopted on its first reading
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#29455) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
Mr. Trout moved the adoption of Ordinance No, 29455. The motion
was seconded by Mr. 6owers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ............
ZONING: Ordinance No. 29456 rezoning a tract of land lying to the
north of Wise Avenue, S. E., at the intersection of 18th Street, being
the rear portions of two lots in Block 36 and a strip of land between
Lots 35 and 36, McDonald Addition, more particularly described as
Official Tax Nos. 4210235, 4210237 and 4210238, from RM-1, Residential
Multi-Family, Low Density District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, February 13, 1989, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#29456) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 121.)
Mr. Trout moved the adoption of Ordinance No. 29456. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........... 7.
NAYS: None ........... O.
SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Ordinance No.
29469 amending and reordaintng certain sections of the 1988-89 Capital
Fund Appropriations, in the amount of $145,000.00, in connection with
the purchase of certain property needed for construction of the
Williamson Road Storm Drain, Phase II, Contract I-D, Storm Water
Retention Basin Project, having previously been before the Council for
its first reading on Monday, February 13, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
It was explained that the request was considered by the Water
Resources Committee on November 25, 1985, with a verbal recommendation
from the Administration that the signs be conditionally approved; and
installation by the Christmas season is a stated goal by William S.
Hubard, Executive Director, Center-in-the-Square.
99
On behalf of the committee, Mrs. Bowles recommended that Council
grant the request by a revocable permit, to allow hanging the banner
signs to the Market Square Garage and encroachment in the air space
over the public sidewalk.
It was explained that this revocable permit is recommended to be
conditioned upon:
Approval by the Architectural Review Board.
Center-in-the-Square providing the appropriate
level of insurance as required by the sign ordi-
nance as said insurance limits may be revised by
the City Attorney.
Center-in-the-Square agrees to indemnify and hold
the City harmless from any damages to its structure
and from any claims of damage or injury by members
of the public.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#27908) AN ORDINANCE authorizing a revocable permit to Western
Virginia Foundation for the Arts and Sciences for the installation and
maintenance of certain signage to be attached to the City-owned Market
Square Parking Garage, upon certain tems and conditions; and providing
for an emergent.
~' (~r f~J~e~ ~ Ordinance, see Ordinance Book~, 49, page 398.)
ION: Mrs. Bowles ~ved the adoption of the Ordinance. The ~tion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Rowers, Bowles, Garland, Harvey and
Mayor Taylor ........... .6.
NAYS: None ........ O.
(Council member Trout was absent.)
PARKING GARAGE: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to study bids received for construc-
tion and financing of a new parking garage on Salem Avenue, submitted a
written report of the committee recommending that Council reject all
bids since the time frame for the project being bid and the previously
identified developer no longer coincide; and that the City Manager be
authorized to review and recommend a long term parking solution with
regard to development in downtown Roanoke.
A report of the City Manager concurring in the recommendation, was
also before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#27909) A RESOLUTION rejecting all bids for construction and
financing of a new parking garage on Salem Avenue, S. E.
(For full text of Resolution, see Resolution Book No. 49, page 399.)
692
(#29468) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29468. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ....................
SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Ordinance No.
29469 providing for the acquisition of real estate needed by the City
for construction of the Williamson Road Storm Drain, Phase II, Contract
I-D; authorizing the City Manager to fix to a certain limit the con-
sideration to be offered by the City for the needed real estate; pro-
viding for the City's acquisition of such real estate by condemnation,
under certain circumstances; authorizing the City to make motion for
the award of a right of entry on any of the parcels for the purpose of
commencing the project; and directing the mailing of the Ordinance to
certain property owners, having previously been before the Council for
its first reading on Monday, February 13, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29469) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Williamson Road
Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the City for the
needed real estate; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; and directing the
mailing of this ordinance to the property owners.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29469. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and
Musser ............................................................... 5.
NAYS: None ..................................................... O.
(Vice-Mayor Fitzpatrick and Mayor Taylor abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and ali Members of the Council in attendance.
There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
o ~
z
ROANOKE CITY
Office of th(~ City Clerk
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Date
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 14, lg85
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, nn Monday, October 14, lgR5, at 7:30 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of~oanoke (lg7§), as
amended.
PRESENT: Council members James G. Harvey, Ii, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Rowles, Rohert A. Garland and
Mayor Noel C. Taylor ........ 7.
ABSENT: None ...........
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
William X Parsons, Assistant City Attorney; Mr. William M. Hackworth, Assistant
City Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
ACTS OF ACKNOWLEDGEMENT: The Mayor called attention to an acci-
dent involving the collision of a train and a bus carrying a number of
residents of the Roanoke Valley, such accident having occurred on
Sunday, October 13, 1985, near Bramwell, West Virginia. He noted that
several of the passengers on the bus were members of the Bibleway
Pentecostal Apostolic Church of Christ choir which was scheduled to
perform at a religious gathering in West Virginia.
Mayor Taylor requested that a moment of silent prayer he observed
in memory of those persons who lost their lives.
Mr. Musser offered the following Resolution:
(#27830) A RESOLUTION expressing Council's sympathy and regrets
concerning the tragic bus accident involving members of the Bibleway
Pentecostal Apostolic Church of Christ.
(For full text of Resolution, see Resolution Book No. 49, page 341.)
ACTION: Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... -7.
NAYS: None ....
.0.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
PARKS AND PLAYGROUNDS-CITY PROPERTY: Pursuant to notice of adver-
tisement for bids for cleaning and painting the exterior of Mountain
View, 726 Thirteenth Street, S. W., said proposals to he received by
the City Clerk until 4:30 p.m., on Monday, October 14, lg85, and to be
held, opened and read before the Council at 7:30 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
ACTION:
BIDDER BASE BID
Forest Hill Associates of Roanoke, Inc.
Maintenance and Construction Services
Building Specialists, Inc.
$27,/96.00
34,955.00
36,400.00
Mr. Harvey moved that the bids he referred to a committee to he
appointed hy the Mayor for tahulation, report and reconmendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr. and William F. Clark as members of the committee. ~
PUBLIC HEARINGS:
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 14, 1985, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of James F.
Douthat, Attorney, representing Joel J. Ewen and Central Fidelity Bank,
that a certain tract of land containing 3.6445 acres fronting 570 +
feet on the easterly side of Orange Avenue (U.S. Route 460 East)~-
approximately 350 + feet east of the City limit, designated as a por-
tion of Official Tax No. 7110105, be rezoned from RS-3, Single-Family
Residential District, to C-2, General Commercial District, subject to
certain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 27, 1985, and Friday, October' 4, '1985.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that this portion of U.S. Route 460 is oriented
towards industrial and commercial development; and with the proposed
plan of development for the properties requested for rezoning and the
future business park, a quality endeavor is anticipated, was before
Council.
{For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#27831) AN ORDINANCE to amend 6~36-3 and 36-4, Code of the City
of Roanoke (1979),'as amended, and Sheet No. 711, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 357.)
The motion was seconded by Mr. Trout.
Mr. James F. Douthat, Attorney, appeared before Council in support
of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 27831 was adopted on its first reading by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ........... .0.
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted hy the Council
on Monday, April 6, lg81, the City Clerk having advertised a public
hearing for Monday, October 14, 1985, at 7:3D p.m., or as soon there-
after as the matter may be heard, on the request of Bradley D. McGraw,
Attorney, representing Robert L. Mason that a certain tract of land
containing 0.48 acres, located at 2824 Franklin Road, S. W., designated
as a portion of Official Tax No. 1300532, he rezoned from RS-3, Single-
Family Residential District, to C-2, General Commercial District, sub-
ject to certain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 27, lg85, and Friday, October 4, lg85.
{See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that the current state and use of the property
requested for rezoning is com~rcially oriented and precludes desirable
future residential use of the graded tract; that rezoning to C-2 would
be consistent with the land use of the adjoining commercial property on
Franklin Road which would be used in conjunction with the tract
requested for rezoning, and the remainder of the property which adjoins
the residential neighborhood w~ll continue to be zoned RS-3, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance he placed upon its
first reading:
(~27832) AN ORDINANCE to amend 6q36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 130, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered hy the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 358.)
The motion was seconded hy Mr. Trout.
Mr. Bradley D. McGraw, Attorney, appeared before Council in sup-
port of the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 27832 was adopted on its first reading by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowl es,
Garland and Mayor Taylor ............... 7.
NAYS: None ..................................................... O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to five
requests for Executive Sessions to d~scuss two personnel matters; a
matter of potential litigation; personnel matters relating to vacancies
on various authorities, hoards, commissions and committees appointed by
Council; and a matter of pending litigation.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an.
Executive Session to discuss personnel matters relating to vacancies on
various authorities, hoards, Commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was hefore the body.
(For full text, see communication on file in the City Clerk's Office.)
04
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (lq50), as amended. The motion was seconded hy Mrs. Bowles
and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....................... 7.
NAYS: None ..........................
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (al (6), Code of Virginia (1q50), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 {al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None .................
O®
LIBRARIES: A report of qualification of Evans B. Jessee as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded hy Mrs. Bowles and adopted hy the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ...............
BUILDINGS: A report of qualification of James M. Tabor, Sr., as
a member of the Board of Adjustments and Appeals, Building Code, for a
term of five years ending September 30, Ig90, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 7.
NAYS: None ............
YOUTH: A report of qualification of Ulas N. Broady as a member of
the Youth Services Citizen Board for a term of three years ending
May 31, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............................................. 7.
NAYS: None ............ O.
05
m
ACTION:
ACTION:
ACTION:
COUNCIL: A communicatioK from Council member Howard E. Musser '
.requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as am, nde,',, was
before the body.
(For full text, see communication on file in the City ClerkIs Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (lq50), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............................. 7.
NAYS: None .....................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council' concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950),-as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................... 7.
NAYS: None ................
O®
COUNCIL: A report from the Acting City Manager requesting an
Executive Session to discuss a matter of potential litigation, pursuant
to Section 2.1-344 (al (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter of potential litigation, pursuant
to Section 2.1-344 {al (6), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................. 7.
NAYS: None ....... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-REGIONAL PARTNERSHIP: A communication from Mr. Lucian Y.
Grove, President, The Regional Partnership of Roanoke Valley, advising
that the Partnership will have completed two years of operation, effec-
tive May 1985; that much has been accomplished since the incorporation
of the Partnership in December, 1983, and needless to say the Partner-
ship has proven its worth in marketing the Roanoke Valley of Virginia
on behalf of the public and private sectors, was before Council.
Mr. Grove advised that the Partnership's marketing committee (with
representation from each of the member governments), in cooperation
with the staff and executive committee, has been able to administra-
tively increase the advertising portion of the budget from $40,000 to
$50,000 per year without an increase in revenue; that their advertising
06
ACTION:
ACTION:
ACTION:
and marketing efforts have greatly increased the number of inquiries
coming to the Partnership since the initial efforts; and in order to
effectively compete against other Virginia economic development
efforts, and those outside Virginia, the Partnership needs more finan-
cial assistance to cover marketinq and increased administrative costs.
On behalf of the Partnersh|p, Mr. Grove requested that member
governments increase their share from ~.50 per capita to $.60 per
capita, and include this increase in their budget studies, advising
that this would generate an additional ~22,140.00 from the public sec-
tor; that the Partnership will likewise work toward a proportionate
increase from the business community primarily through increased mem-
bership; and, in keeping with this request, the Partnership stands
ready to make any formal and/or informal presentations to the member
governments at their convenience, if necessary.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the request he referred to lgB6-B7 budget
study for consideration hy Council. The motion was seconded hy Mr.
Garland and unanimously adopted.
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Roanoke-Salem Plaza
Limited Partnership, a Virginia limited partnership of which Roanoke-
Salem Development Company, Inc., a Virginia general corporation to he
formed will he general partner, in financing the acquisition, rehabili-
tation, expansion and equipping of the Roanoke-Salem Plaza Shopping
Center on Melrose Avenue in the City, hy issuance of its industrial
development revenue bond, in an amount estimated at $7,00~,0D0.00, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(~27R33) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Roanoke-Salem Plaza Limited Partnership, a Virginia
limited partnership of which Roanoke-Salem Development Company, Inc., a
Virginia general partner to the extent required hy Section 103(k) of
the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 342.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded hy Mr. Garland and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... ----7.
NAYS: None ............
A communication from the Industrial Development Authority
requesting approval of a plan to assist W. B. Clements, Inc., in
financing the acquisition, rehabilitation and equipping of the former
K-Mart Building at 2502 Melrose Avenue, N. W., in the City, by issuance
of its industrial development revenue bond, in an amount estimated at
$1,200,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(~77R34) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the heneftt of W. B. Clements, Inc. to the extent required hy Section
103(k) of the Internal Revenue Code of lq54, as amended.
(For full text of Resolution, see Resolution Book No. 4g, page 343.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded hy Mr. Trout and adopted hy the following vote:
m
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Trout, Rowers, Rowles,
Garland and Mayor Taylor ..... -7.
NAYS: None ................... O.
A communication from the Industrial Development Authority request-
ing approval of a plan to assist Mechanical Development Company,
Incorporated, in financing the renovation of the former Coulter Ruild-
ing at South Jefferson Street and Franklin Road in the City, by
issuance of its industrial development revenue bond, in an amount esti-
mated at $1,5()O,DO(1.ilD, was her,re Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(427835) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Mechanical Development Company, Incorporated, to the
extent required hy Section 103(k) of the Internal Revenue Code of 1954,
as amended.
(For full text of Resolution, see Resolution Rook No. 49, page 344.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded hy Mr. Rowers and adopted hy the following vote:
AYES: .Council members Harvey,. Musser, Trout, Bowers, Rowles,
Garland and Mayor Taylor ........ .7.
NAYS: None ...........
O®
A communication from the Industrial Development Authority request-
ing approval of a plan to assist T. A. Carter or a company to he formed
of which he will he a principal in financing the construction and
equipping of a mini-warehouse facility at Rutgers Avenue Extended,
behind the Kroger and K-Mart Stores at Crossroads Mall in the City, hy
issuance of its industrial development revenue hood, in an amount esti-
mated at $1,000,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#27.~36) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of T. A. Carter or a company to he formed of which T. A.
Carter will be a principal to the extent required by Section 103(k) of
the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 345.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted hy the following vote:
AYES: ' Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ -7.
NAYS: None ........
-0.
A communication from the Industrial Development Authority
requesting approval of a plan to assist Rruce G. Freeman, M. D., t/a
Roanoke Plastic Surgery Center in financing the acquisition, construc-
tion and equipping of an approximately 7,0~0 square foot plastic surgi-
cal clinic and outpatient surgical facility in the City, by issuance of
its industrial development revenue bond, in an amount estimated at
$1,000,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. TroUt offered the following Resolution:
07
08
ACTION:
ACTION:
(~27R37) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the henefit of Bruce G. Freeman, M. D., t/a Roanoke Plastic Surgery
Center to the extent required hy Section 103(k) of the Internal Revenue
Code of lq54, as amended.
(For full text of Resolution, see Resolution Book No. 4g, page 346.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded hy Mr. Musser and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None ....... fl.
A communication from the Industrial Development Authority request-
ing approval of a plan to assist LaMaison Limited Partnership in
financing the acquisition, renovation and equipping of the restaurant
and hotel facility at 5732 Airport Road in the City, hy issuance of its
industrial develnpment revenue bond, in an amount estimated at
$4,000,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(N27B3~) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of LaMaison Limited Partnership to the extent required hy
Section 103(k) of the Internal Revenue Code of lg54, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 347.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council' members Harvey, 'Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... ~' . .... 7.
NAYS: None ................
A report of the Acting City Manager advising that the City of
Roanoke Industrial Revenue Bond funds t~ave been exhausted for the
remainder of 1985; that $67,371,780.00 is available for the fourth
quarter in the State Reserve; that a request must he received I~ the
State no later than October 16, lg85; and $15,700,000.00 in requests
for the State Reserve from six companies are as follows:
Mechanical Development Corp.
Storage, Inc., T. A. Carter, Jr.
Bruce G. Freeman, M.D. t/a Roanoke
-Plastic SUrgery Center.
LaMaison Limited Partnership."
Roanoke-Salem Limited Partnership
W. B. Clements, Inc.
1,500,000.00
1,O01l,O00.O0
1,000,000.00
4,000,000.00
7,000,000.00
1,200,000.00
It was noted that the City of Roanoke Redevelopment and Housing
Authority met on October B, 1085, to review the requests for State
allocation and to make a recommendation to Council.
The Acting City Manager recommended that Council request the State
Reserve to fund the following projects:
Mechanical Development Corp,
W. B. Clements, Inc. '" '-'
Storage, Inc., T. A. Carter, Jr.
Roanoke-Salem Limited Partnership
1,500,000.00
1,200,000.00
1,flOfl,0OO.O0
7,000,000,00
m
ACTION:
ACTION:
It was also recommended that Council adopt the public approval
resolution 103K of the Internal Revenue Code of 1954, as amended, hy
the Tax Equity and Fiscal Responsibility Act, for the following pro-
jects that were unable to secure financial commitments hy October 8,
1985, hut may desire to seek allocation in 19B6:
Bruce G. Freeman, M.D. t/a Roanoke
Plastic Surgery Center
LaMaison Partnership
1,OOO,OOO.O0
4,000,000.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
Acting City Manager. The motion was seconded hy Mr. Trout and unani-
mously adopted.
A communication from Mr. Rohert E. Glenn, Attorney, representing
the Industrial Development Authority, transmitting a Resolution
carrying out recommendations for filing an application for
$10,700,000.00 additional industrial revenue bond issuing authority
from the State Reserve for calendar year 1985, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(~27830) A RESOLUTION pursuant to Executive Order No. 54(85)
issued by the Governor of the Commonwealth of Virginia, January 23,
1985, authorizing application by the City of Roanoke, Virginia, addi-
tional bond issuing authority from the "State Reserve" as that term is
defined in the Executive Order.
(For full text of'Resolution, see Resolution Book No. 49, page 34B.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None .................
BIll)GET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $1,310,000.00 in capital
funds for the construction of science laboratories at Patrick Henry
High School, William Fleming High School and the Governor's School,
which request is made in anticipation of the receipt of loans from the
State Literary Fund, was before the body.
It was explained that the State Board of Education has approved
the release of funds for the senior high school science laboratories
and has placed the Governor's School on a waiting list with the funds
anticipated to he released within the next twelve months; that the
School Board requests that Council advance non-bond referendum funds to
finance the construction of the Governor's School pending receipt of
the proceeds of the Literary Fund Loan for the Governor's School; and
the School Board will set aside $700,000.00 of its share of the pro-
ceeds from the 1985 Capital Bond Issue as a contingency for receipt of
Literary Loan funds for the Governor's School.
Council was also requested to appropriate $1,395,919.00 in capital
funds for school n~dernization and heating plant improvements, ~nich
request for funds was made in anticipation of the receipt of the pro-
ceeds from the 1985 Capital Bond Issue.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that in order to meet
necessary time schedules for construction, the School Board is asking
Council to advance funds for the Governor's School in anticipation of
receiving the State's release of funds; that the Board has agreed to
set aside $700,000.00 of their approved bond funds as a contingency
pending release of these funds; that the Literary Loan funds for the
two high schools have already been released; and recommending approval
of the request, was before Council.
09
10
With reference to the second request to appropriate $1,395,919.00
of the $2,307,5{10.0~ which was provided to the School Board from the
lqR5 bond issue, Mr. Schlanger advised that the projects to he
completed are replacement of boilers, media center improvements, and
other miscellaneous modernization projects; that funds are available
for appropriation at this time; that if Council concurs in the request,
the schools will have a balance of $692,q00.O0 still available From the
lq85 bond sale; and recommending approval of the request.
{For full text, see report on File in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27840) AN ORDINANCE to amend and reordain certain sections of
the lqR5-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 4q, page 349.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the Following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 7.
NAYS: None ....... O.
Mr. Garland offered the following emergency budget Ordinance pro-
riding funds as more fully explained above:
(~27841) AN ORDINANCE to amend and reordain certain sections of
the lqR5-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 350.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey,. Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ..... 7.
NAYS: None .............
SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve an increase in the loan ceiling on the
Literary Fund Loan for the Governor's School by $125,000.00, from
$600,000.00 to $725,000.00; that the additional loan amount will be
used to cover increased costs for the construction of the Governor's
School and provide for certain construction contingencies; that the
debt service on the additional loan amount will be $9,200.00 and will
be paid from ~he Board's operating budget, was before Council.
(For full text, see cof-~munication on file in the City Clerk's Office.)
A report of the Director of Finance advising that Literary Loan
funds are special-low interest loans from the State for school priority
projects; recommending approval of the School Board's request to raise
the loan ceiling from $600,000.00 to $725,000.00 for the Governor's
School; and noting that if the loan is approved, the School Board will
pay the additional debt service from the School Board's operating
budget, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#27842) A RESOLUTION authorizing the School Board for the City
of Roanoke to make application for a loan from the State Literary Fund
for constructing additional classrooms and science laboratories at
Patrick Henry High School.
(For full text of Resolution, see Resolution Book No. 49, page 35~.)
11
ACTION: Mr. Bowers [~ved the adoption of the Resolution. The motion was
seconded hy Mrs. Bowles and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- 7.
NAYS: None ....
ACTION:
Mr. Garland moved that the report of the Director of Finance he
received and filed. The motion was seconded hy Mr. Bowers and unani-
mously adopted.
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT: The Acting City Manager submitted a written
report advising that the bond issue contains $100,000.00 to air con-
dition the living quarters of Fire Station No, 1, and to remodel the
kitchen and related items; that public advertisement was placed in the
Roanoke Times & World-News on June 9, 1985, for architectural-engineer-
ing services, with five firms responding to the advertisement, and all
five firms were interviewed.
It was noted that the Building Commissioner recently employed a
registered architect that is a recognized restoration specialist with
extensive experience.
It was explained that working drawings for the project need to he
produced and the project let to contract; and with the employment of
the architect by the Building Commissioner and other Engineering
Department personnel, it is felt that the City is as well qualified to
perform this work as any of the firms that responded to the request for
proposals.
The Acting City Manager recommended that Council reject the five
proposals received for professional services for alterations and addi-
tions to Fire Station No. 1, and approve the preparation of the
contract documents for this project by the Office of City Engineer.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Garland offered the fol.lowing Resolution:
(#27843) A REsoLuTION rejecting all proposals received for pro-
fessional services for alterations and additions to Fire Station No. 1.
(For full text of Resolution, see Resolution Book No. 49, page 351.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... --7.
NAYS: None ..........
O®
COUNCIL: The. Acting City Manager, submitted a written report
advising that Council has held City Council meetings in each of the
four neighborhood quadrants during the past three years; and on May 2,
lg83, Council voted to continue meetings in the four neighborhood
quadrants of the City each year.
It was explained that facilities are available for neighborhood
meetings on the following dates:
12
ACTION:
ACTION:
~uadrant Date Time Facility
Northwest November 4, lgR5 7:30 p.m. t¢illiam Fleming
Auditorium
Southwest December 2, 1qB5 7:30 p.m.
Raleigh Court
Gymtorium
Southeast February 3, lqR6 7:3~ p.m. Fallen Park
Gymtorium
Northeast March 3, 1qB6 7:30 p.m.
Monterey Gymtori um
(For full text, see report on file in the City Clerk's Office.)
There was discussion with regard to changing the November 4
meeting date to November 25, 1qB5, or January 6, 1qB6; whereupon, Mr.
Bowers moved that the matter of neighborhood meeting dates and loca-
tions he referred hack to the Acting City Manager for further study and
report to Council.
There being no second to the motion, the Mayor declared the motion
lost.
Mr. Harvey moved that the following dates and locations he
approved for the neighborhood Council meetings:
November 25, lqR5
7:30 p.m.
William Fleming
High School Audi-
torium
December 2, lq85
7:30 p.m.
Raleigh Court
Elementary School
Gymtori um
February 3, 1qB6
7: 30 p.m.
Fallen Park Ele-
mentary School
Gymtori um
March 3, lq86
7: 30 p .m.
Monterey Elementary
School Gymtori um
The motion was seconded by Mr. Musser and unanimously adopted.
Mr. Harvey nffered the following Resolution:
(~27R44) A RESOLUTION establishing the location of certain regu-
lar meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 49, page 351.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers,
Garland and Mayor Taylor-~ .....
NAYS: None ...........
Bowles,
-7,
FLOODS: The Acting City Manager submitted a written report
advising that Peters Creek is one of the major streams in the Roanoke
Valley, flowing generally from Brushy Mountain in northwest Roanoke
County in a southerly direction to join the Roanoke River; that a 19R6
study was performed to determine the flood plain of Peters Creek, as
flooding occurred on an average of once every three years; that
January 1, 1976, was the effective date of a significant annexation hy
the City of Roanoke, including area known as the "corridor" along the
City's western boundary; and Peters Creek flows through this area,
which has continued to experience growth and development.
12
It was explained that resident~ and businesses of the Peters Creek
area have continued to urge' %he'City'~to take appropriate actions to
eliminate or significantly reduce the property damage which occurs from
periodic flooding from this stream; that City officials have met with
interested citizens in the area to discuss measures which might he
taken; that a representative of the U.S. Army Corps of Engineers
attended a neighborhood meeting to discuss potential studies which
might be conducted which could lead to a federal flood control project
for the area; that property owners, Neighborhood Partnership and
Roanoke Neighborhood Alliance volunteers are planning a cleanup of the
existing streamhed on Saturday, October 26, and while not a long-range
solution to the problem, this can be helpful in removing debris which
tends to obstruct the channel during even routine storm runoff.
The Acting City Manager recommended that he he authorized to
request the U.S. Army Corps of Engineers to conduct a study of Peters
Creek to determine the feas|hility of flood control ~easures and the
propriety of federal participation in a flood control project.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that Council concur in the recommendation.
motion was seconded hy Mr. Harvey'and unanimously adopted.
The
BUDGET-PUBLIC ASSISTANCE: The Acting City Manager submitted a
written report advising that the State Department of Social Services
has, since the adoption of the budget by Council in May, 1985, allo-
cated supplemental funds to the local Social Services Department; and
supplemental funding is allocated on t~ following basis:
$52,400.00 will he 90% reimbursed hy the State with
10% being local funds;
$142,343.00 will he 80% reimbursed by the State
with 20% being local funds; and
$194,743.00 total supplemental al location.
It was explained that supplemental funding is allocated for the
purchase of the following services:
$ 52,400.00 - Day Care for Children
3R,282.00 - Child Protective Services
68,545.00 - Foster Care Services
3,716.00 - Adult Day Care
31,800.00 - In-Home Services which consist of
Companion, Chore and Homemaker
The Acting City Manager recommended that Council transfer
$33,70R.AO of local funds to match the supplemental funds allotted to
the local Social Services Department and increase the revenue estimate
hy $161,035.00, as follows:
33,70R.00 from Account No. A01-5314-500-99, Local
Cdsh Match,' to Account No. AO1-5314-
500~33,'Purchase b~ Services;
161,035.00 increase in Reven~e Estimate of funds
received from State Department of
Social Services (R01061503) and corres-
ponding increase in Expenditure Account
No. A01-5314-500-33.
(For full text, see report on file in the City Clerk's Office.)
14
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
{N27845) AN ORDINANCE to amend and reordain certain sections of
the 1985-R6 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 352.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded hy Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......................... 7.
NAYS: None ........
BUDGET-TRAFFIC-STATE HIGHWAYS: The Acting City Manager submitted
a written report advising that' the "Five Year Capital Improvement
Program" was approved by Council on August 27, 1984; that the General
Obligation Bond Issue of $18,600,000.00 was sold on July 24, 1985; that
funds for traffic signal improvements and new installations were
included in the Five Year Capital Improvement Program 1985-1989; that
private enterprise has contributed toward installation of certain traf-
fic signals since the early 1950's which has varied over a wide range
percentage (25 - 90%) depending on a number of circumstances; and a
temporary traffic signal has been installed using wood poles, old
control equipment, and some overhead wiring as an interim measure on
Orange Avenue and Kimball Avenue, N. E.
The Acting City Manager recommended that Council approve the
transfer of $100,000.00 from the General Obligation Bond Issue Street
and Bridge category to a new Capital Improvement Program account titled
Traffic Signal Improvements - New, advising that some reimbursement by
private businesses in the area of King Street can be expected on the
traffic signal proposed at Orange Avenue and King Street; and improved
traffic operation can be expected due to elimination of conflicting
movements by traffic signals assigning and restricting certain move-
ments at the intersections of Orange Avenue and Kimball Avenue, N. E.
($30,000.00), and Orange Avenue and King Street, N. E. (~70,000.00).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27846) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 4g, page 353.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey,
Garland and Mayor Taylor .........
NAYS: None .......
Musser, Trout, Bowers, Bowles,
7.
.0.
SPECIAL PERMITS-CITY PROPER'rY: The Acting City Manager submitted
a written report advising that Council granted permission to Dominion
Bankshares, N. A., in September, 1984, to decorate four pear trees on
Campbell Avenue, S. W., subject to certain terms and conditions; that
Dominion Bankshares has requested permission to decorate the same trees
again this year and has agreed to the same basic terms and conditions.
The Acting City Manager recommended that Council approve the
appropriate measure, in a form acceptable to the City Attorney, to
allow Dominion Bank to decorate four pear trees on Campbell Avenue,
S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(~27B47) A RESOLUTION authorizing the issuance of a revocable
permit to Dominion Bankshares, N. A. for the attachment or installation
of certain holiday decorations to City trees adjacent to the Bank's
huilding on Campbell Avenue. ..
(For full text of Resolution, see Resolution Book No. 4q, page 353.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Garland-- 6.
NAYS: None
-0.
(Mayor Taylor abstained from voting inasmuch as he serves on the
Board of !lirectors of Dominion Bankshares, N.A.)
HOUSING: The Acting City Manager submitted a written report
advising that the Vacant Lot Homesteading Program was developed to
reduce the number of vacant, neglected lots in the City's neighborhoods
hy helping responsible parties huy the lots; that loans made by the
City under the Program cover purchase price up to appraised value, ser-
vices of a realtor (in some cases), legal fees, costs to clear the lot
initially in cases where needed and other reasonable expenses; and
current funding approved hy the City for the Vacant Lot Homesteading
Program is approximately ~45,800.00, all from Community Development
Block Grant funds.
It was explained that each loan of Community Development Block
Grant funds (CDBG) extended .by the City Rust be approved by Council;
that nine candidate lots have been identified as appropriate for the
Program; that all of these lots have been escheated by the Commonwealth
of Virginia and are to he auctioned on October lg; that intended buyers
under the Program would be present at the auction to bid on the lots;
that this procedure has been followed successfully for six lots pre-
viously; that contracts with intended buyers of the vacant lots must he
executed to commit each to buy the lot if it is available and to main-
tain it after it is transferred to the buyer; that commitments from
prospective buyers adjacent to the escheated vacant lots have been
obtained; that funds are available in CDBG Accounts A35668102301 and
A35668400525 approved and established for the Vacant Lot Homesteading
Program, totaling $45,812.30; and delinquent tax, weed, or demolition
liens held by the City will be paid from the proceeds of sale of an
escheated lot, to the limit of the proceeds after expenses of the sale.
The fol lowing was recommended:
Authorize the Acting City Manager or his designee
to execute contracts with appropriate parties to
acquire and maintain the vacant lots identified on
a certain attachment in accordance with the Vacant
Lot Homesteading Program approved by City Council
On July 25, lg83, the contracts to he approved as
to form hy the City Attorney.
Authorize deferred payment forgivable loans from
CDBG Vacant Lot Homesteading Accounts A35668102301
and A3566840525, in amounts to he determined in
each case pursuant to the approved Vacant Lot
Homesteading Program to the identified appropriate
buyers for purchase and related expenses for the
transfer of the lot via the escheat auction
October 19, 1985.
Authorize the City Attorney and -the Director of
Finance to serve as trustees of each deed of trust
on each loan extended to huyers of the lots iden-
tified on the attachment under the Program.
(For full text, see report on file in the City Clerk's Office.)
15
16
ACTION:
ACTION:
Mr. Harvey offered the following emergency Ordinance:
(~27848) AN ORDINANCE authorizing the City Manager to execute
Agreements for Acquisition and MaintenaKc~ of Vacant Lot with certain
p,rchasers of vacant lots under the City's Vacant Lot Homesteading
Program; authorizing the City Attorney and Director of Finance to exe-
cute deeds of trust securing loans made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute certificates of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 355.)
tlr. Harvey moved the adoption of the Ordinance. The motion was
seconded hy Mr. Bowers and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ..... -7.
NAYS: None ......................
.0.
DIRECTOR OF FINANCE:
BUDGET-AUDITS: The Director of Finance submitted a written report
advising that on July 22, lq85, he reported to the Council that the
unaudited Capital Improvement and Capital Maintenance and Equipment
Replacement Reserve halance for the fiscal year ended June 30, 1985,
was $1,277,450.00; that the audit is now complete and he is pleased to
report that the audited balance for the year ended June 30, 1985, is
$1,460,414.00.
Mr. Schlanger explained that the figure was derived from the com-
puterizations as shown on Exhibit A to his report and is $182,964.00
greater than his earlier report due to one adjustment made by the
City's independent auditors; that the auditors recorded a receivable
due from the Greater Roanoke Transit Company to the General Fund due to
drawdowns in excess of the federal government requirements; that per
the requirements established in Ordinance No. 26292 adopted by Council
on December 6, 1982, setting up a Reserve for Capital Improvements and
Capital Maintenance Equipment Replacement, the entire $1,460,414.00 has
heen designated leaving no undesignated funds at fiscal year ending.
The Director of Finance certified that the sum of $1,460,414.00 is
available for appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report he received and filed.
motion was seconded hy Mr. Trout and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INOUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:20 p.m., the Mayor declared the meeting in recess.
At 10:45 p.m,, the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
PUBLIC ASSISTANCE: The Mayor advised that there is a vacancy on
the Advisory Board of Human Resources, created by the resignation of
Elaine B. Wade, for a term ending November 30, 1987, and called for
nominations to fill the vacancy.
m
ACTION:
ACTION.'..
ACTION:
ACTION:
Mr. Harvey placed in nomination the name of Mr. Huhert Brooks.
There being no further nominations, Hubert Brooks was elected as a
member of the Advisory Board of Human Resources to fill the unexpired
term of Elaine G. Wade, ending November 30, lgBT, hy the following
vote:
FOR MR. BROOKS: Council members ttarvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor ...................... 7.
INDUSTRIES: Mr. Garland offered the following Resolution reap-
pointing Mr. Russell O. Hannahass as a Director of the Industrial
Development Authority for a term of four years ending October 20, 19Rg:
(#2784g) A RESOLUTION appointing a director of the Industrial
Development Authority of the City of Roanoke, to fill a four {4) year
term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 4g, page 356.)
, Mr. Garland moved the adoption of the Resolution. The motion was
secondod by-~,. ~arvey and adopted by the following vote:
^YES: Council members Harvey, Musser, l~ou't, Bowers, Bowles,
Garland and Mayor laylor
NAYS: None .......
INDUSTRIES: Mr. Garland offered the following Resolution reap-
pointing Mr. Stanley R. Hale as a Director of the Industrial Develop-
ment Authority for a term of four years ending October 20, lOBg:
(~27850) A RESOLUTION appointing a director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4)year
term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 49, page 356.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded hy Mr. Harvey and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... .7.
NAYS: None ........
O.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that the three year terms of Mrs. Anne P. Glenn, Mr. Stephen A.
Hoover, Mr. Lewis W. Peery, Mr. John A. Sabean, Ms. Susan B. Williams,
and The Reverend Willie E. Butler, as members of the Roanoke Neighbor-
hood Partnership Steering Committee will expire on November 20, 1985,
and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Mrs. Anne P. Glenn,
Mr. Stephen Ao Hoover, Mr. Lewis W. Peery, Mr. John A. Sabean, Ms.
Susan B. Williams, and The Reverend Willie E. Butler.
There being no further nominations, Anne P. Glenn, Stephen A.
Hoover, Lewis W. Peery, John A. Sahean, Susan B. Williams, and
Willie E. Butler were reelected as members of the Roanoke Neighborhood
Partnership Steering Committee for terms of three years each ending
November 16, 1988, by the following vnte:
FOR MRS. GLENN, MR. HOOVER, MR. PEERY, MR. SABEAN, MS. WILLIAMS
AND REVEREND BUTLER: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor ........ ---7.
COUNCIL: It being 10:50 p.m., Mr. Musser moved that the Council
meeting he extended beyond the automatic adjournment hour of
11:00 p.m., in order that Council could return to Executive Session.
The motion was seconded by Mrs. Bowles and lost by the following vote:
17
18
AYES:
Tayl or
C~uncil members Harvey, Musser, Bowers, Bowles and Mayor
NAYS: Council members Garland and Trout
(A motion to extend the Council meeting beyond the 11:00 p.m.,
automatic adjournment hour must he approved by unanimous vote by the
Council.) ,--
At 10:55 p.m., the Mayor declared the meeting in recess.
At 11:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance,
with the exception of Council member Trout.
There being no further business, the Mayor declared the meeting
adjourned at 11:00 p.m.
APPROVED
ATTE ST:
C1 e rk Mayor
19
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 21, lq~5
2:0~ p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. N., City of,
Roanoke, on Monday, October 21, lqBS, at 2:00 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of--))oanoke (lq~q)~ as
amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T Bowles, Robert A. Garland James G. Harvey, II and Mayor
Noel C. Taylor---
ABSENT: None- . ............................ O.
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilhurn C. Dihling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James R. Thomason,
Pastor, Rosalind Hills Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led hy Mayor Taylor.
CONSENT AGENDA:
m
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will he
enacted hy one metion in the forms listed on the Consent Agenda, and if'
discussion is desired, that item will he removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and a
matter of potential litigation.
MINUTES: Minutes of the regular meetings of Council held on
Monday, August 26, lg85, and Monday, September g, 1985, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
hy Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- - ........ 7.
NAYS: None-- - ........ O.
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 {al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.) ,
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- - ....... 7.
NAYS: None-- ---0.
20
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
transmitting the September lq~5 statement of lg~5-~6 Revenue Receipts
for the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Musser and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............. 7.
NAYS: N~ne ........................ O.
ROANOKE ARTS COMMISSION: A report of qualification of Timothy L.
Jamieson as a member of the Roanoke Arts Commission for a term of three
years ending June 30, lq~8, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification he received and
filed. The motion was seconded by Mr. Musser and adopted hy the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........ O.
CIVIC CENTER: A report of qualification of Horace S. Fitzpatrick
as a member of the Roanoke Civic Center Commission for a term of three
years ending September 30, lqRS, was before Council.
ACTION:
(See Oath or Affirmation of Office on fi]e in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .7.
NAYS: None .... O.
ARCHITECTURAL REVIEW BOARD: A report of qualification of W. L.
Whitwell as a member of the Architectural Review Board for a term of
four years ending October 1, 1989, was before Council.
ACTION:
(See Oath or Affirmation of (lffice on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted hy the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... ,-7.
ACTION:
NAYS: None ........
YOUTH: A report of qualification of Harry P. Surratt, Jr. as a
member of the Youth Services Citizen Board for a term of three years
ending May 31, 1~88, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification he received and
filed. The motion was seconded hy Mr. Musser and adopted hy the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .--7.
NAYS: None ........ O.
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a matter of potential litigation, pursuant
to Section 2.1-344 la) 16), Code of Virginia Ilg50), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter of potential litigation, pursuant
to Section 2.1-344 (a) ~6), Code of Virginia {lg50), as amended. The
motion was seconded hy Mr. Musser and adopted hy the following vote:
AYES: Council members Musser, Trout, Rowers, Bowles, Garland,
Harvey and Mayor Taylor ....................... 7.
NAYS: None ............
21
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A communication from Mayor Noel C. Taylor advising that
inasmuch as five members of the Roanoke City Council will he attending
the National League of Cities from December 7 - 11, 1985, in Seattle,
Washington, he would like to propose that the regular meeting of
Council scheduled for Monday, December 9, 1985, will he cancelled;
that the December 9 meeting is the date Council routinely schedules its
public hearings, therefore, he would propose that all public hearings
for the month of December will he advertised and held before the
Council at its regularly scheduled meeting at 2:00 p.m., on Monday,
December 16, lg85, was hefore the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the suggestion of the
Mayor and that the communication he referred to the City Attorney for .
preparation of the proper measure. The motion was seconded hy Mr.
Garland and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that $100,1q?.59 he appropriated to provide vocational
student assessment for handicapped students, to be one hundred percent
reimbursed hy federal funds, and that $1~,g45.00 be transferred to the
Summer School category, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of grant funds for the School Board and
transfer of funds within the School category of the General Fund; that
the Vocational Education grant program is funded with 100% federal
funds; that the request also includes the transfer of funds between
categories within the school section of the General Fund; that it does
not change the overall amount appropriated for the School Board; and
recommending that Council concur in the request, was also before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27851) AN ORDINANCE to amend and reordain certain sections of :
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 359.)
ACTION:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded hy Mr. Garland and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..... 7.
NAYS: None ............
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS: NONE.
iTEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The Acting City Manager sub-
mitted a written report advising that the fiscal year 1985 O~neral Fund
balance designated for capital maintenance and equipment replacement
per Ordinance No. 26292 has been determined to he ~1,460,414.00
(audited) by the Director of Finance; that a report from the Director
of Finance certifying this amount was presented on October 14, 1985;
and the Capital Maintenance and Equipment Replacement Program for
fiscal year 1985, based on formula criteria for appropriation of
$1,460,414.00 between the City and School Administrations, is as
follows:
School Administration
City Administration
151,136.00
1,309,278.00
It was explained that funds remaining from the fiscal year 1984
Capital Maintenance and Equipment Replacement Program for the City
Administration due to non-expenditure of total allocated funds is
$87,067.00, resulting in total funding available for the City
Administration's Capital Maintenance and Equipment Replacement Program
of $1,396,345.00; and additional funding sources available for capital
maintenance and equipment replacement expenditures are as follows:
Debt Service ($108,750.00) - The sum of $837,000.00
was budgeted for fiscal year 1986 to make interest
payments on the sale of $18.6 million in general
obligation bonds. This amount was based on an
estimated 9% interest rate; however, the actual
interest rate received was approximately 7.8%. The
lower interest rate has resulteU in a total debt
service savings of $108,750.00, of which $13,492.00
is attributable to bonds sold for the Schools and
funded in the School Administration budget. The
balance remaining of $95,258.00 is funded in the
City Administration budget.
Health Department - Recovered Costs ($61,000.00) -
This amount represents total revenues generated hy
the Health Department during fiscal year 1985 which
exceed expenditure. It is noted that $826,376.00
of total revenues of the Health Department are
directly attributable to City supplement of 45% of
total costs.
The Acting City Manager recommended that Council approve recom-
mended items in an attachment identified as "Attachment A" to be
included in the Capital Maintenance and Equipment Replacement Program
for the City Administration.
23
ACTION:
ACTION:
Funds Available:
Capital Maintenance and Equipment
Replacement Program ($1,3q6,345.00)
Debt Service ($10R,750.00)
Health Department-Recovered Costs ($61,000.00)
$1,566,0B5.00
Total Needs Identified 10/21/85:
Caoital Maintenance and Equipment
Replacement Program ($1,2g3,g50.O0)
Debt Service ($108,750.00)
Health Department-Recovered Costs ($61,000.00)
1,463,700.00
Balance Remaining:
Capital Maintenance and Equipment
Replacement Program $ 102,395.00
It was further recommended that available debt service funding for
the City Administration totalling $95,25~.00 he transferred from
Account No. AO1g31037012, Transfers to Debt Service Fund, to Account.
No. AOlg41090001, Capital Reserve ($95,258.00) for use hy the City
Administration in fundinq the specific items recommended in Attachment
A above referred to; that funding available in Health Department-
Recovered Costs Account No. A01511080001.($61,000.00) is recommended to
he transferred to Account No. AOlg410go001, Capital Reserve, for use
by the City Administration in funding specific items recommended in
Attachment A.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(~27852) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 360.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... 7~
NAYS: None .... .0.
POLICE DEPARTMENT: The Acting City Manager having previously
placed an item on the agenda concurring in a report of the Bid
Committee recommending purchase of police radio equipment, the Acting
City Manager requested that the report .he withdrawn from the agenda;
whereupon, Mr. Trout moved that Council concur in the request. The
motion was seconded by Mr. Bowers and unanimously adopted.
POLICE DAPARTMENT-MUTUAL AID: The Acting City Manager submitted a
written report advising that information regarding mutual aid agree-
ments was requested by Council on July 8, 1985, to include emergency
services between Roanoke City and Roanoke County; that a report on
mutual aid agreements was provided to Counci] on July 22, 1985,
detailing past history of mutual aid agreement attempts between valley
governments and current levels of operation; that appointment of City
and County representatives to discuss mutual aid was suggested by
Vice-Mayor Harvey on July 22, lg85, and Mayor Taylor appointed Mr.
Harvey as his designee to any such meetings.
It was explained that meetings of City and County representatives
to discuss mutual aid were held on August 28, lq~5, and October 10,
lq~5; that an extraterritorial arrest agreement has been developed as a
result of the meetings between City and County representatives; that
this is not a mutual aid agreement, as mutual aid agreements generally
require the declaration of an emergency by the chief law enforcement
officer of a jurisdiction and a request for assistance from an adjoin-
ing jurisdiction; that the agreement developed allows for extraterri-
torial arrest power for Roanoke City police officers in Roanoke County,
or Roanoke County deputies in Roanoke City, while on duty when any of
five offenses are committed in the presence of such officer or deputy;
and offenses covered under the agreement are as follows:
24
ACTION:
ACTION:
Driving under the Influence
Reckless Driving
Hit and Run
Driving without Operator's License
Hahitual Offender Offenses
The Acting City Manager recommended that Council adopt a measure
authorizing him to execute an extraterritorial arrest agreement between
Roanoke City and Roanoke County to he effective on and after
November 1, lq85; advising that this same agreement will he presented
for approval to the Roanoke County Board of Supervisors on October 22,
19~5.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#27R53) AN ORDINANCE authorizing an Extraterritorial Arrest
Agreement to be entered into between the City and Roanoke County to
provide for exterterritorial arrest power when certain offenses are
committed in the presence of an on-duty officer of the City of Roanoke
Police Department in Roanoke County or.~ deputy of the Roanoke County
Sheriff's Department in the City of Roanoke; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 360.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded hy Mr. Musser and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None ....... , .......O.
SPECIAL PERMITS-CENTER IN THE SQUARE: The Acting City Manager
submitted a written report advising that Center in the Square
celebrated its grand opening in December, 1983; that Council granted
permission to fly Center in the Square flags in the Market Area during
December, 1984, in celebration of the first anniversary of the faci-
lity; and Center in the Square has requested permission to again fly
logo flags on the east side of Campbell Avenue and on the west side of
Market Square for a period of approximately 12 weeks, or until their
exterior signage is fabricated and installed.
The Acting City Manager recommended that Council adopt the
appropriate measure in a form acceptable to the City Attorney to allow
Center in the Square to fly logo flags in the Market Square area for a
period of approximately 12 weeks or u~til their exterior signage is
fabricated and installed, advising that there will be coordination bet-
ween Center in the Square and Downtown Roanoke, Inc., to avoid
conflicts between the logo flags and traditional Christmas decorations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#27854) AN ORDINANCE permitting the hanging and flying of flags
on certain street light standards in the downtown area of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 363.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Rowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7~
NAYS: None ........
I
PLANNING-GRANTS: The Acting City Manager submitted a written
report advising that the City of Roanoke entered into a seven month
experimental contract with Western Virginia Development Company (WVDC),
effective December 10, 1984, in which the City appropriated $112,(100.0O
in CDBG funds to be used to supplement the 503 Small Business Loan
Program; that WVDC would administer the Small Business Loan Program
(503) and the City would participate as a source of low interest (3%)
funds; that City participation could be up to nine per cent of the
total funding needed to each project; and City participation was depen-
dent upon need of the applicant and whether the applicant was a
minority or female firm or small business certified as an Urban
Enterprise Zone employer.
It was further explained that Chemical and Paper Services, Inc.,
(CPS), a certified Urban Enterprise Zone employer located at 601 Salem
Avenue, S. W., requested a Small Business Loan (503) from the Western
Virginia Development Company in April, 1qB5, and part of their request
was a loan of $9,qOO.f)O from the City loan funds; that delays in review
by WVDC resulted in the request not being taken to the WVDC's governing
board until September, 1~R5, and in addition, WVDC failed to inform CPS ,
that their contract with the City expired on June 30, 19R5; and
Chemical Paper Services, Inc., continued to incur accounting, legal and
appraisal costs in hopes of securing an SBA 503 loan supported by a
City loan of up to nine per cent of the total financing.
Mr. Herbert advised that total project costs for CPS are
$118,000.00; that funds are for purchase and renovation of a building
at 601 Salem Avenue; that eleven jobs wil'l he created or retained by
CPS, including four jobs for low or moderate income persons, in return
for their using these funds; and sources of funding for CPS were as
fol 1 ows:
Loans from the following:
United Virginia Bank
Certified Development Company/WVDC
Small Business Administration loan
proceeds
Loan costs
City of Roanoke/CDBG funds
Cash from the corporation
Total Funds
$ 55,000.00
44,000.00
3,000.00
g,900.O0
6,100.00
$11R,O00.O0
ACTION:
The Acting City Manager recommended that Council extend the
contract with Western Virginia Development Company for the sole purpose
of including both the $9,000.00 loan from the City requested by
Chemical and Paper Services and the $100.00 application fee payable to
Western Virginia Development Company; and Chemical and Paper Services
must close on the loan by May 30, 19B6, to have City participation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#2?855) AN ORDINANCE authorizing the execution of an amendment
to the contract with the Western Virginia Development Company per-
raining to the Small Business Administration's 503 Loan Program; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 361.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles,
Harvey and Mayor Taylor-
Garl and,
25
NAYS: None ....... O.
26
ACTION:
ACTION:
BUDGET-COURTS FACILITY-ART ACQUISITION: The Acting City Manager
and the Director of Finance submitted a joint written report advising
that on October 7, lqRS, Council requested the Director of Finance to
find a source of funds to fund the $100,000.00 project for Art in the
Atrium; that the City is currently only half way through the fourth
month of fiscal year 1986, and it is extremely difficult to forecast
what the end of the year results will he; that in looking for a source
of funds to carry out Council's request, they eliminated the idea of
going to any of the current operating budgets; that on the current
agenda is recommended expenditures for Capital Maintenance and
Equipment for much needed equipment and maintenance for both the City
Administration and the School Board; that there is a small balance
remaining in that reserve, hut it was felt that due to the many
possible unknowns over the next eight months, that balance should
remain.
After eliminating the ahove listed sources, the Mr. Herhert and
Mr. Schlanger advised that the source of funds they feel could he used
at this time would he to appropriate the requested $100,000.00 out of
the Capital Fund unappropriated interest earnings; that interest ear-
nings of $4,690,178.00 had been projected to fund a part of the adopted
Capital Improvement Program, and since these projects are scheduled
over the next three years, it was decided to recommend this source of
funds inasmuch as the administration will have a longer time span to
work out any possible shortfall in interest earnings or increase of
costs in scheduled projects.
The Acting City Manager and Director of Finance recommended that
the $100,000.00 he appropriated out of interest earnings in the Capital
Fund to a new capital account entitled, "Art in the Atrium".
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(~27856) AN ORDINANCE authorizing a certain contract to he
entered with L. Brower Hatcher, Artist, providing for the planning,
design, fabrication, construction, shipping and installation of a work
of sculpture known as "Standing Figure" for the Atrium of the Roanoke
City Courthouse; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 361.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded hy Mr. Trout and adopted hy the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ --7.
NAYS: None .......
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27B57) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 362.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted hy the following vote:
AYES: Council members Muss,r, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ --7.
NAYS: None ........ O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
ACT[ON:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 27831 rezoning a certain tract of land con-
taining 3.6445 acres fronting 570 + feet on the easterly side of
Orange Avenue (U.S. Route 460 East), -~pproximately 350 + feet east of
the City limit, designated as a portion of Official Ta~-No. 7110105,
from RS-3, Single-Family Residential District, to C-2, General
Commercial District, suh.iect to certain proffered conditions, having
previously been before the Council for its first reading on Monday,
October 14, lgB5, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(~27831) AN ORDINANCE to amend ~36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 357.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................................... 7.
NAYS: None .................. O.
ZONING: Ordinance No. 27832 rezoning a certain tract of land con-
taiAtng O.48~cres,'located at 2R24 Franklin Road, ~. W., ~esignated as
a , portio~ )of. OfFicial Tax No. 1300532, from' RS-~, Sing]e-F~mi.ly
Residential District, to C-2, General Commercial District, subject to
certain proffered conditions, having previously been before the Council
for its first reading on Monday, October 14, lgB5, read and adopted on
its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(~27832) AN ORDINANCE to amend 6636-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 130, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 358.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded hy Mrs. Bowles and adopted hy the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ............. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CONSOLIDATION: Council member David A. Bowers addressed the
matter of local government reorganization, advising that the Mayor was
quoted last week in the newspaper as stating that reorganization and
merger of our local governments will not occur unless the people demand
it. He said he concurs in that statement; however, he differed to some
degree because he feels the politicians in the Roanoke Valley cannot
sit idly by and do nothing on the issue. He said a partnership between
politicians and the people is needed if we are going to have some form
of local government reorganization.
ROANOKE NEIGHBORHOOD ALLIANCE: Council member Howard E. Musser
addressed the matter of funding for the Roanoke Neighborhood Alliance,
advising that during 1q85-B6 budget discussions he questioned the
amount of funds allocated to the Roanoke Neighborhood Alliance as not
being sufficient. He said the Executive Director has provided him with
information relative to costs incurred to date, as follows:
27
28
telephnne -
rent -
annual audit -
liability insurance
workmen's compensation -
health insurance -
1,143.~0
2,310.00
750.00
650.00
1,450.00
$ 6,303.00
Mr. Musser said the above total of $6,303.00 is slightly one-half
of the allocation to RNA and does not include salary for the Director
and administrative and part-time workers. He stated that the organiza-
tion is performing work which is worthwhile in conjunction with the
Roanoke Neighborhood Partnership; that additional funds are needed; and
at the next Council meeting he will recommend appropriation of an addi-
tional $8,000.00 for the Roanoke Neighborhood Alliance.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting in recess.
At 4:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
There heing no further business, the Mayor declared the meetin§
adjourned at 4:55 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
o ·
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
October 2~, 1qFC5
2:0C) p.m.
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, October 28, lq85, at 2:00 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor .... 7.
ABSENT: None ..................
OFFICERS PRESENT: Mr. Kit B. Kiser,
Wilhurn C. Dihling, Jr., City Attorney; Mr. Joel
Finance; and Ms. Mary F. Parker, City Clerk.
Acting City Manager; Mr.
M. Schlanger, Director of
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
At this point, the Mayor relinquished the chair to the Vice-Mayor.
COUNCIL-ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Harvey advised that
Sunday, October 27, 19~5, was the Mayor's tenth anniversary as Mayor of
the City of Roanoke and the Council would like to pay tribute to him in
honor of the occasion.
The Vice-Mayor requested that the City Clerk read the following
Resolution in its entirety:
"A RESOLUTION honoring and commending the Honorable Noel C.
Taylor, Mayor, on the Tenth Anniversary of his service to the City and
its people as Mayor.
WHEREAS, on October 27, 1975, the Honorable Noel C. Taylor was
elected Mayor of the City of Roanoke by the City Council, and, since
that time, he has been returned to the City's highest office by the
electorate in 1976, 1980 and 1984;
WHEREAS, the length of Mayor Taylor's service as Mayor is exceeded
hy only one other Mayor in the history of the City of Roanoke;
WHEREAS, under Mayor Taylor's outstanding leadership over the past
ten years, the City has known unparalleled progress, being awarded the
All America City Award in 1979 and again in 1982; and
WHEREAS, Mayor Taylor is widely recognized as an articulate spo-
kesman for the causes of community progress and human dignity, and he
is known for his enthusiasm, dedication and ceaseless energy;
THEREFORE, BE IT RESOLVED hy the Council of the City of Roanoke as
follows:
1.' The Council adopts this resolution as a means of honoring and
commending the Honorable Noel C. Taylor, Mayor, on the Tenth Anniver-
sary of his service to the City and its people as Mayor.
2. The Council extends to Mayor Taylor its best wishes for his
continued success in the Office of Mayor.
3. The City Clerk is directed to prepare a suitable copy of this
resolution for. presentation to the Mayor."
Mr. Trout offered the following Resolution:
20
ACT[ON:
(N27858) A RESOLUTION honoring and commending the Honorable
Noel C. Taylor, Mayor, on the Tenth Anniversary of his service to the
City and its people as Mayor~
(For full text of Resolution, see Resolution Book No. ag, page 363.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Vice-Mayor Harvey ............. 6.
NAYS: None O.
(Mayor Taylor abstained from voting.)
On behalf of the Council, Vice-Mayor Harvey presented a framed
copy of the Resolution to Mayor Taylor.
Each member of Council expressed appreciation to the Mayor for
his leadership and devotion to the City of Roanoke.
Vice-Mayor Harvey read a telegram from the Council appointees and
their employees expressing gratitude for the Mayor's excellent
leadership, dedication to duty and friendship, advising that they look
forward to servinq with him in the future in a joint effort to improve
the quality of life in Roanoke.
Vice-Mayor Harvey presented the Mayor with a tenth anniversary
cake which was decorated with the City's logo, and announced that a
reception would be hosted by the memh.ers of City Council in Mayor
Taylor's honor in the Civil Defense Room from 3:00 p.m., until 5:00
p.m., on that date, and the Vice-Mayor invited all City employees and
all persons present at the Council meeting to attend the reception.
At this point, the Vice-Mayor relinquished the chair to the Mayor.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to he routine by the memhers of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will he removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a personnel matter.
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-244 (al (1), Code of Virginia (lg50), as amended, l~e motion was
seconded hy Mrs. Bowles and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............... -7.
NAYS: None ........
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Lewis W. Peery and Willie E. Butler as members of the Roanoke
Neighborhood Partnership Steering Committee for terms of three years
each ending November 16, 1988, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Of fi ce. )
31
ACTION:
Mr. Trout moved that the report of qualification he received and
filed. The motion was seconded ~y Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, B~wers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ......... O.
INDUSTRIES: A report of qualificatio~ of Russell O. Hannabass as
a Director of the Industrial Development Authority of the City of
Roanoke for a term of four years ending October 20, 1989, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACT[ON:
Mr. Trout moved that the report of qualification he received and
filed. The motion was seconded by Mrs, Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None ....... O.
PLANNING: A report of qualification of Elizabeth T. Bowles as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 19RR, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that'the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowe~s, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None ........ -0.
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-ROANOKE NEIGHBORHOOD ALLIANCE: Council member Howard E.
Musser advised that at the last Council meeting on Monday, October 21,
1985, the members of Council were briefed on the need of Roanoke
Neighborhood Alliance for additional operating funds; whereupon, he
offered the following emergency budget Ordina)~ce appropriating an addi-
tional SR,RO0.O0 to Roanoke Neighborhood Alliance for fiscal year
19R5-86:
(#27859) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 364.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ....... .0.
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDEO FOR ACTION:
EMERGENCY SERVICES: The Acting City Manager submitted a written
report advising that the business of Ashland Chemical Company is
selling solvent, acids, caustics and other industrial chemicals
throughout the United States; that the Roanoke branch, one of 62
plants, is located at the intersection of Patterson Avenue and Bridge
Street, N. W.; that residue and waste products are picked up from
customer industries, temporarily stored on site and eventually shipped
out of state; that authority currently exists under so called EPA
"interim status" for Ashland Chemical Company to temporarily store
hazardous waste on site; that application by the company to the
Commonwealth of Virginia and the Federal Government (EPA) to continue
to temporarily ~tore chemicals has been accomplished, and this is a
standard procedure requirement under current, but ever changing,
environmental protection regulations; and the need to provide a site
for collection and temporary storage of waste solvents and other spent
or residue chemicals is to prevent indiscriminate, uncontrolled and
illegal disposal of those chemicals.
Mr. Herhert explained that the City has been notified, through the
Mayor's Office, by EPA of the intent of EPA to issue a permit to con-
tinue to temporarily store hazardous waste on site; that interested
parties have until November 15, lg85, to offer comments or request a
public hearing; that Commonwealth of Virginia regulations for facility
siting for storage and treatment of hazardous waste are still in draft
form; and proposed regulations would exempt on-site storage.
It was further explained that the City Deputy Chief/Fire Marshal,
Emergency Services Coordinator, and Director of Utilities and Opera-
tions met on site on October 15, lg85, with the company's District
Manager and Region Specialist for Hazardous Waste Management; that the
Company's plan to construct a covered containment pad and leak recovery
system was reviewed; and it was also noted that while the proposed
temporary hazardous waste storage area is in the upper fringe of the
100 year flood plain, there is a chain link fence around the entire
operational area to secure the chemicals, either product or waste, to
an elevation comparable with the 100 year flood elevation.
The Acting City Manager recommended that he be authorized to send
a letter to EPA supporting the proposed permit.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that Council concur in the recommendation.
motion was seconded by Mr. Harvey and unanimously adopted.
The
HOUSING: The Acting City Manager submitted a written report
advising that pursuant to Ordinance No. 27490, the City Manager was
authorized to extend certain grants and loans to the Northwest
Neighborhood Environmental Organization, Inc., (NNEO) to imple~,~ent the
following revitalization activities:
Grants totaling $16,500.00 to:
Purchase 810 Loudon Avenue ($12,500.00)
Purchase three vacant lots in the' 800 block of
Loudon Avenue ($4,000.00)
Loans totaling $28,500.00 to:
Purchase and demolish R06 Loudon Avenue ($8,500.00)
Rehabilitate 810 Loudon Avenue to provide three
Section 8 rental units ($20,000.00).
It was explained that ~10 Loudon Avenue is 95% complete; however,
additional funding, in the amount of $6,800.00, is needed to complete
the project, as follows:
Sidewalk from top of steps to apartments
Fees and expenses related to construction
Closing costs and legal fees
Miscellaneous finishing costs
$1,000.00
2,R27.00
2,603.Q0
370.00
Total costs covered by CDBG loan
~6,RO0.O0
It was further explained that F~06 Loudon Avenue cannot he purchased for
demolition due to title and lien problems; that vacant lots in the ~00
block have not yet been acquired, however, are heing maintained hy NNEO
with owner support; and 822 Loudon Avenue was not a part of the origi-
nal plan hut is vacant, dilapidated, and beyond rehabilitation, and if
left standing, will he the only negative blight remaining in the entire
block.
The Acting City Manager recommended that he he authorized to exe-
cute an Agreement with the Northwest Neighborhood Environmental
Organization, Inc., providing for an additional loan, in the amount of
$6,800.00, for the rehabilitation of 810 Loudon Avenue and any other
requisite documents relating thereto; that he also he authorized to
execute an amendment to the April 22, lq85 Agreement pertaining to the
purchase of three lots on Loudon Avenue, in order to reduce the amount
of the grant from $4,000.00 to $3,700.00; and that he he authorized to
execute a Grant Agreement, in the amount of $2,000.00, for the purchase
and demolition of 822 Loudon Avenue, said documents shall he in a form
acceptable to the City Attorney and shall not exceed the amounts iden-
tified for each such loan or grant as identified in Section B of
Attachment A of the report. It was also recommended that the City
Attorney and Director of Finance he authorized to serve as trustees of.
requisite deeds of trust in loans made to NNEO, Inc., pursuant to the
report.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#27~60~ AN ORDINANCE authorizing the execution of certain
agreements and an amendment to an Agreement with the Northwest
Neighborhood Environmental Organization, Inc., extending certain grants
and loans to said organization; authorizing the City Attorney and
Director of Finance to execute a deed of trust securing the loan made
pursuant to one of the aforesaid agreements and to serve as Trustees;
authorizing the City Manager to execute a certificate of satisfaction;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 365.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ....... O.
CIRCUIT COURT: The Acting City Manager submitted a written report.
advising that the Clerk of the Circuit Court, who will be appointed
receiver for the Circuit Court, will he required to maintain and he
accountable for trust funds that are deposited with the court for the
benefit of others; that the Clerk, as receiver for the court, will he
required to invest the funds and develop an accounting system that
complies with requirements as set out in the State Code and any
requirements that the Commissioners of Accounts may establish; that a
mechanized system is necessary to properly control the volume of funds
which are presently maintained by the Clerk of Circuit Ceurt; and
Council has designated funds in the Capital Maintenance and Equipment
Replacement Program to accomplish this objective.
24
ACTION:
ACTION:
ACTION:
It was explained that on July 25, 1985, the Manager of General
Services received the proposals after due and proper advertisement;
that three vendors responded to the Request for Proposals; and respon-
ses were evaluated usinq the competitive negotiation procurement proce-
dure hy representatives of the following departments:
Clerk of Circuit Court,
City Information Systems,
General Services.
The Acting City Manager recommended that Council accept the propo-
sal as submitted hy National Center for State Courts to develop and
install a Circuit Court Pooled Trust Fund System for the negotiated
amount of $14,635.00; that Council approve transfer of $14,635.00 from
the Capital Maintenance and Equipment Replacement Program Account to
Clerk of Circuit Court Account No. A01211120010 to provide for payment
of the system; and that Council approve transfer of $9,000.00 from the
Capital Maintenance and Equipment Replacement Program Account to Clerk
of Circuit Court Account No. AO12111gO005 to provide for procurement of
necessary hardware for the system.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27861) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 4g, page 366.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... .7.
NAYS: None- O.
Mr. Bowers offered the following emergency Ordinance:
(#27862) AN ORDINANCE accepting a certain proposal and awarding a
contract for developing and installing a Pooled Trust Fund System for
the Circuit Court; authorizing the proper City officials to execute the
requisite contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 366.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......
.0.
PUBLIC WORKS: The Acting City Manager having previously reserved'
space on the agenda for a report concurring in a report of the Bid
Committee with reference to the purchase of rock salt, the Acting City
Manager requested that the report he withdrawn from the agenda;
whereupon, Mr. Trout moved that Council concur in the request. The
motion was seconded hy Mr. Musser and unanimously adopted.
HOUSING: The Acting City Manager submitted a written report
advising that the U. S. Department of Housing and Urban Development
(HUD) requires the City to submit a Housing Assistance Plan (HAP) every
three years as a requisite to receiving Community Development Block
Grant (CDBG) funds; that the HAP is a basis upon which HUD approves or
disapproves assisted housing in the City, and against which HUD moni-
tors the City's provision of assisted housing; that the City's Citizen
Participation Plan requires an evening public hearing to he held by
Council to receive citizen comments on the proposed Housing Assistance
Plan; and a presentation of the Housing Assistance Plan will be made to
Council on November 11, 1985.
35
ACTION:
ACTION:
ACTION:
The Acting City Manager recommended that Council authorize a
public hearing to he held on November 11, 1985, at 7:30 p.m., to
receive public comments on the Housing Assistance Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation of the
Acting City Manager and that a public hearing be held on Monday,
November 11, 1qB5, at 7:30 p.m., or as soon thereafter as the matter
may be heard. The motion was seconded hy Mr. Harvey and unanimously
adopted.
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted copy of the financial
report for the month of September, 1985~
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report he received and filed.
motion was seconded hy Mr. Trout and unanimously adopted.
The
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT-LANDMARKS: Council member Robert A.
Garland, Chairman of the committee appointed hy the Mayor to tabulate
bids received for removal and restoration of the oak floor and wood
base at the Crystal Springs Pump House, presented a written report of
the committee recommending that Council authorize the Acting City
Manager to enter into a contractual agreement with Acorn Construction,
Ltd., in the amount of $19,852.00 for the base bid and 90 consecutive
calendar days construction time; that Council approve appropriation of
$21,500.00 from the Water Fund previous years Retained Earnings to a
Capital Account as established hy the Director of Finance for the pro-
ject; and that Council approve establishment of a project contingency
amount of $1,648.00, for a total project amount of $21,500.00.
(For full text, see report on file in the City Clerk's Office.)
A report of the Acting City Manager concurring in the recommen-
dations, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27B63) AN ORDINANCE to amend and reordain certain sections of
the lg85-86 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 367.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None ........... O.
Mr. Garland offered the following emergency Ordinance:
(#27~64) AN ORDINANCE accepting the hid of Acorn Construction,
Ltd., for the removal and restoration of the oak floor and wood base at
the Crystal Springs Pump House, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 368.)
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded hy Mr. Harvey and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ........ ~).
BUDGET-PARKS AND PLAYGROUNDS-CITY PROPERTY: Council member Robert
A. Garland, Chairman of the committee appointed hy the Mayor to tabu-
late bids received for cleaning and paintinq the exterior of Mountain
View, 714 Thirteenth Street: S. W., presented a written report of the
committee recommending that Council authorize the Acting City Manager
to enter into a contractual agreement with Forest Hill Associates of
Roanoke, Virginia, in the amount of $27,796.00 and 120 consecutive
calendar days; that Council approve transfer of $30,000.00 from the
Capital Maintenance and Equipment Replacement Program Account to
Building Maintenance Account No. A01433034(101; that Council establish a
project contingency of $2,204.00, for a total project amount of
$30,0(l(l.(1(1; and that al! other bids he rejected.
{For full text, see report on file in the City Clerk's Office.}
The Acting City Manager suhmitted a written report concurring in
the recommendation of the Bid Committee.
IFor full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
{#27865) AN ORDINANCE to amend and reordain certain sections of
the lg85-86 General Fund Appropriation Ordinance, and providing for an
emergency.
{For full text of Ordinance, see Ordinance Book No. 49, page 368.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded hy Mrs. Bowles and adopted hy the following vote:
AYES: Council members Trout, Bdwers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....................... 7.
NAYS: None ......... O.
Mr. Garland offered the following emergency Ordinance:
(~27866) AN ORDINANCE accepting the hid of Forest Hill Associates
~'or cleaning and painting the exterior of Mountain View, at 714
Thirteenth Street, S. W., upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 369.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded hy Mrs. Bowles and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... ---7.
NAYS: None ........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CENTER IN THE SQUARE-SPECIAL PERMITS: Ordinance No. ~7B54 per-
mitting the hanging and flying of flags on certain street light stan-
dards in the downtown area of the City, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, October 21, lgB5, read and adopted on its first
reading and laid over, was again before the hody, Mr. Musser offering
the following for its second reading and final adoption:
ACTION:
(N27~54) AN ORDINANCE permitting the hanging and flying of flags
on certain street light standards in the downtown area of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 363.)
Mr. Musser moved the adoption of the Ordinance. The ,~tion was
seconded hy Mr. Harvey and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............................ 7.
NAYS: None ........ O.
COUNCIL: Mr. Garland offered the following Resolution cancelling
the meetinq of the Council of the City of Roanoke scheduled for Monday,
December 9, 1985, at 7:30 p.m., due to a ~eting of the National League
of Cities which will he held in Seattle, Washington, from December q -
11, 19~5:
(427867) A RESOLUTION cancelling the meeting of the Council of
the City of Roanoke scheduled for Monday, December 9, 1985, at
7:30 p.m.
(.For' full.~1~ext,o~ Resolution, see Resolution Book ~e.,~9, p~ge
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted hy the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None ...................
.0.
VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGEMENT: Mr. Musser
offered the following Resolution expressing the Council's appreciation
to those citizens, officers and employees of the City who participated
in organizing and conducting the 1985 Virginia Municipal League
Conference:
(#27868) A RESOLUTION expressing the Council's appreciation to
those citizens and officers and employees of the City who participated
in organizing and conducting the 1985 Virginia Municipal League
Conference.
(For full text of Resolution, see Resolution Book No. 49, page 37~.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .............
O®
MOTIONS AND MISCELLANEOUS BUSINESS:
INOUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
TRAFFIC: Council member David A. Bowers referred to the closing
of Colonial Avenue approximately two weeks ago which caused an increase
in traffic on Brandon Avenue. He inquired as to why Brandon Avenue is
four lanes from Franklin Road to Towers Shopping Center, then three
lanes, then back to four lanes at Main Street, noting that there is a
section between Towers Mall and Main Street where there are only three
lanes of traffic, and it appears there could easily be added another
westbound traffic lane. He requested that the Acting City Manager
study the feasibility of adding an additional westbound traffic lane to
the portion of Brandon Avenue between Towers Mall and Main Street,
S. W.
37
OTHER HEARINGS OF CITIZENS: NONE.
At 2:50 p.m., the Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
COUNCIL-CITY MANAGER: Council member Howard E. Musser advised
that as Chairman of the City Council's Personnel Committee he would
like to state that Council is prepared to begin interviewing candidates
for the position of City Manager; that the notice provisions of the
Virginia Freedom of Information Act do not apply to executive or closed
meetings of the Council held solely for the purpose of interviewing
candidates for the position of Chief Administrative Officer; and, in
accordance with provisions of the Freedom of Information Act, he
announced that an executive or closed meeting will he held at an
undisclosed location within fifteen days for the purpose of inter-
viewing candidates for the position of City Manager.
There being no further business, the Mayor declared the meeting
adjourned at 3:50 p.m.
ATTEST:~=~ ~ ~'
City Clerk
APPROVED
Mayor
39
REGULAR WEEKLY SESSION ..... ROANOKE CiTY COUNCIL
November 4, lgB5
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, November 4, JgR5, at 2:0~ p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (lgTq)~ as
amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James. O. Trout and
Mayor Noel C. Taylor- 7.
ABSENT: None- O.
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilhurn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer hy The Reverend David Yingling,
Pastor, Central Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor. -~
FIRE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Mr. Musser offered the
following Resolution memorializing the late Captain Robert G. Cassell
and the late Firefighter Harvey H. Helm, members of the City of Roanoke
Fire Department, who gave their lives in the line of duty when struck
by a hit and run driver while extinguishing an automobile fire:
(~27A70) A RESOLUTION memorializing the late Captain Robert G.
Cassell and the late Firefighter HarVey H. Helm, members of the City of
Roanoke Fire Department.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 371.)
Mr. Musser moved the adoption of the Resolution.' The motio~"~
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland,..H~rvey, Musser,
Trout, and Mayor Taylor 7.
NAYS: None-- O.
CITY GOVERNMENT: The Mayor advised that the City of Roanoke is
pleased and honored to have four distinguished guests visiting in our
City from Roanoke's Sister City, Wonju, Korea; whereupon, he introduced
Mayor Park, Jin Won, Mr. Ahn, Heedoe, and Mr. Hong, Jai Woo. I(e
abvised that Dr. Klm, Sae Whan was unable to he present at the Council
meeting.
Mr. Bowers offered the following Resolution:
(~27R69) A RESOLUTION extolling the virtues of the Sister City
Program; recognizing the importance of the City of Roanoke's Sister
City relationship with Wonju; and extending a message of good will from
the people of Roanoke to the people of Wonju.
(For full text of Resolution, see Resolution Book No. 49, page 371.)
ACTION:
Mr. Bowers moved the adoption of the Resolution. The motion was
~econded hy Mrs. Bowles and adopted hy the following vote:
" AYES: Council members Bowers, Bowles~ Garland, Harvey, Musser,
Trout, and Mayor Taylor ............. 7.
NAYS: None-~ ...... O.
40
Mayor Taylor presented Mayor Park with a framed copy of the
Resolution.
Council members Harvey, ,Husser, Trout and Garland presented
Honorary Citizenship Certificates to each guest.
Mrs. Bowles, Mr. Bowers, Mayor Taylor and Mr. Herbert presented
each guest with a City of Roanoke lapel pin.
Mr. Harvey presented each guest with a City of Ro~o~e'~ecklace to
he given to their spouse.
Mr. Samuel Saunders Guer~a~t, Jr'., a long-time reside'n't of the
City of Roanoke, and a collector of canes from various countries,
having-previously ,requested .that the. Mayor .obtain a Korean cane for
inclusion in his collection, Mayor Taylor advised that he had received
the..cane and..preseqted.Mayor...Park .wi.th_.a plaque from Mr, Guerrant in
appreciation of the cane.
On behalf of the City of Roanoke, Mayor Taylor presented Mayor
Park with a clock containing a picture of the Roanoke City Municipal
Building on the front thereof.
CONSENT AGENDA:
ACTION:
ACT[ON:
The Mayor advised that all matters listed under the Consent Agenda
are considered to he routine hy the members of Council and will he
enacted hy one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will he removed from the Consent
Agenda and considered separately. He advised that he had previously
requested an Executive Session to discuss a personnel matter; however,
he would like to withdraw the item from the agenda.
HOUSING-ANNUAl REPORTS: A communication from Council member
David A. Bowers transmitting the 1984-85 Annual Report..of the Roanoke
Redevelopment and Housing Authority, was before the body.
(For full text, see communication and ann~l 'report on f¥ie"ir~ the City
Mr. Musser nx~ved that the communication and annual report he
received and filed.-The motion.was seconded by. Mr. Harvey and adopted
by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout, and Mayor Taylor-- 7.
NAYS: None ............ O.
HUMAN RESOURCES: A report of qualification of Hubert Brooks as a
member of the Advisory Board of Human Resources to fill the unexpired
term of Elaine G. Wade, resigned, ending November 30, lgRT, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification he received and
filed. The n~tton was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council.~memher$, Bowers,_. Bowles. , ~ Garland, .,Harvey, Musser,
Trout, and Mayor Taylor ......... " 7.
NAYS: None .......
O®
:INDUSTRIES: ,,-A report.of~ qualif, tcation of.. Stanley R. Hale as a
Director of the Industrial Development Authority of the City of
Roanoke, Virginia, for a term of four years ending October 20, 1qB.q,
was before .Council ...
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
41
ACTION:
Mr. Musser moved that the report of qualification he received and
filed. The motion was seconded by Mr. Harvey and adopted hy the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout, and Mayor Taylor ............... 7.
NAYS: None .................
ACTION:
PENDING ITEMS: A list of items pending from July 10,
through October 2R, 1qB5, was before Council.
(See list of items pending on file in the City Clerk's Office.)
Mr. Musser'moved that the pending lis~ he' received 'and.fil'e.d.
motion was seconded by Mr. Har~ey and adopted by the following vote:
lgTR,
The
AYES:
· Trout,., and MaYOr Taylor ....... .-rT-, ...... .
NAYS: ;NO~e"' ' ' .....
......... REGULAR AGENDA'S' "
Council members Rowers, Bowles, Garland, Harvey, Musser,
7,
-0.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
SPECIAL PERMITS-SIGNS: A communication from Mr. Evans B. Jessee,
Attorney, representing Eastern Motor Inns, Inc., requesting permission
to erect a new sign at the Colony House Motor Lodge on Franklin Road,
S. W., in the recently landscaped area located within the public right
of way, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Harvey moved that the matter be referred to the City Manager
for study, report a,d recommendation to Council. The motion was
seconded ,by ~r. Trout and unanimously adopted
BUDGET-SCHOOLS: :'A com~Uni~ation f~om' the Roanoke City School
· Boa~.,req,Jest~ng .that ~Council appropriate. ~$566,179.33 to. Account No.
A35~115 f~r the G~ant Fund, tO provide' funds for the ECIA"Chapter I
Carryover, said grant to he one hundred per cent reimbursed by federal
funds, was hefor~ ~h~ body.
(For full text, ~ee communication on file .in the City Clerk's Office.)
A report of the Director ~f 'Finance ~dvi~ing 'that' ~e Ha~'"~eviewed
the appropriation of grant funds for the School Board; that the ECIA
Chapter I Carryover grant will be 100% reimbursed with federal funds;
and recommending that Council concur in the request, was also before
the body.
ACTION:
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27871) AN ORDINANCE to amend and reordain certain sections of
the 19R5-86 Grant Fund Appropriations, and providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 49, page 372.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Mu~ser,
Trout an~M~'or Yayl'or--~--, ........ ' .... ' 7.
NAYS: None .... .0.
42
ACTION:
ACTION:
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY MEDICAL SERVICES: The Acting City Manager suhmitted a
written report advising that on July 22, lgBS, the Emergency Medical
Services Committee submitted its interim report to Council; that the
interim report recommended that community involvement in CPR should he
emphasized and an intensive training effort of citizens and the public
in a limited and selected area should he initiated; and Council
requested the City Administration to submit a report on recommenda-
tions/suggestions of the Emergency Medical Services Committee.
It was advised that the City Administration concurs with the
Emergency Medical Services Committee in a recommendation to train a
selected area in "Heart Saver" - condensed version of CPR; that a two
month analysis has been completed to determine specific areas of the
City with critical needs for this type of training; and the Emergency
Medical Services Committee will coordinate training efforts with the
American Heart Association, Red Cross, neighborhood groups, physicians,
etc.
The Acting City Manager recommended that Council support the
Emergency Medical Services Committee in their efforts toward community
involvement in the "Heart Saver" Program; and the City Administration
will continue to work with Council's Emergency Medical Services
Committee to establish a pilot program'for training citizens in "Heart
Saver."
{For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the recommendation. The
motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
Acting City Manager. submitted a written report advising that the Fifth
District Employment and Training Consortium's Private Industry Council
and Policy Board authorized the Consortium staff to apply for a U. S.
Department of Labor, Veteran's Employment and Training Service Grant;
that the City of Roanoke is the grant recipient for Consortium funding,
and Council must appropriate the funds for all Consortium grants.
It was explained that the Consortium has received fr6m the U. S.
Department of Labor, Office of Procurement Services, Notice of Grant
Award No. E-9-N-6-O03; and the grant amount is ~111,680.00 for the
period October 7, lq85, to October 6, lq86.
The Acting City Manager recommended that Council approve
appropriation of $111~680.D0 to the Consortium to operate the Veterans
Program and establish a revenue estimate for $111,6R0.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following'emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27872) AN ORDINANCE to amend and reordain certain sections of
the 1985~R6 Fifth District Consortium Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 373.)
Mr. Musser moved the adoption of the Ordinance.
seconded by Mr. Trout and adopted by the following vote:
-The motion was
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None ............ .-0.
43
CiTY CODE-TAXES-HOUSING: The Actino City Manager submitted a
written report advising that state legislation allowing limited exemp-
tinn of real estate taxes for rehabilitation was passed by the General
Assembly in lq79; that only the value added because of rehabilitation
may be exempted; and requirements for property qualifying for the tax
exemption include the following:
m
25 years old or older;
assessed value to he increased at least 40t~ for
residential property, or 6D~ for commercial or
industrial property; and
area cannot he increased hy more than 15%.
It was explained that Council authorized limited exemption of pro-
perty tax for rehabilitation in Conservation Areas only in lg81; that
such exemption is specified in 632-93 through 632-103 of the City Code;
and rationale for the partial exemption of property taxes on rehabili-
tated property' focused on the additiod~l incentive provided to property
owners to rehabilite their property, in return for long term increase
in the City's tax base.
Mr. Herbert advised that history of the tax exemption for rehabi-
litation has heen positive in that 42 projects~ have been completed
using the property tax exemption, resulting in' an increase in the real
estate tax base after the five year's exemption of ~2,456,400.00; that
significant interest has been expressed from property owners outside
the Conservation Areas in a similar type of tax exemption in other
areas; and there are numerous cases of substantially deteriorated
buildings whose chances for renovation would he enhanced hy the availa-
bility of a property tax exemption for rehabilitation.
The Acting City Manager recommended that Council extend the real
estate property tax exemption for rehabilitation of residential, com-
mercial, and industrial property to all areas of the City, as to appli-
cations filed after and construction commenced after January 1, lg86.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance he placed upon its
first reading:
..... (N27873)"AN-ORDINANCE amending and'reordaining (~32~93, Generally,
subsection (a) of 632-95, Eligibility of residential property, and
(~32-96, Eligibility of commercial or industrial real property, Code of
the City of Roanoke {1979), as amended, to delete the requirement that
real property must lie within a Conservation Plan Area in order to
qualify for exemption of real property tax on real property substan-
tially rehabilitated; and providing for ~n effective date,' :'
-~For full text of Ordinance, see Ordinance Book No.'49, page 375.)
ACTION: The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor. 7.
NAYS: None ......... O.
DIRECTOR OF FINANCE:
BUDGET-VICTIM/WITNESS/JUROR PROGRAM: The Director of Finance sub-
mitted a written report advising that the Victim Witness Assistance
Grant No. 85-A6252 which covered fiscal year 1984-85 ended on June 30,
lg8~; and ~und~n~.~nd expenditures for the grant were as follows:
44
100%
State
Funding $16,202.00
Expenditures 15,792.63
Unexpended Amnunt
~ 40g.37
Mr. Schlanger advised that total appropriation for the grant was
$16,202.00; that actual fundinq received was $16,202.00, and total
expenditure was ~15,792.63; that the unexpended amount of $40g.37 must
be returned to the State; and the Victim Witness Assistance Grant pro-
vides services which address the needs of victims and witnesses within
the Roanoke criminal justice system.
The Director of Finance recommended that Grant No. R5-A6252 be
closed; that unexpended funds he returned to the State; and that the
following appropriations and revenue adjustments be enacted:
Salaries and Wages
Fringe Benefits
Employer FICA
Hospital Insurance
Suppl i es
Travel
Management Services
Capital Outlay
State Grant Receipts
(A35510RlO002) $( 113.g6)
(A35510811005) (1,276.00)
(A35510811010) 734.47
(A3551DRl1015) 352.00
(A35510830005) ( .45)
(A35510833005) ( .22)
(A35510R60017) ( 50.00)
(A35510~nOn5) ( 55.21)
(R35510R25) (4~9.37)
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered t~le following emergency budget Ordinance as more
fully explained above:
ACTION:
(#27874) AN ORDINANCE to amend J~d reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 4g, page 374.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
" - NAYS:' Nones,-'--. -0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE,
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:40 p.m.
APPROVED
ATTEST: rk~~ ~~
City C1 e Mayor
45
SPECIAL SESSION ......
ROANOKE CITY COUNCIL
November 5, lg85
5:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber in the Municipal Building, City of Roanoke, 215 Church Avenue,
S. W., on Tuesday, November 5, 1985, at 5:00 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Section 10, Meetings of Council (generally), of the
Roanoke City Charter.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, I[, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ....... 7.
ABSENT: None .... O.
OFFICERS PRESEN[: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilburn C. Dibltng, Jr., City Attorney; Mr. James D. Grisso, Deputy Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following report of the Acting City
Manager calling the special meeting of Council:
"November 5, 1985
Honorable Mayor and City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
It is respectfully requested that a special Council Meeting be called
pursuant to Section 10 of the Roanoke City Charter on Tuesday,
November 5, 1985, at 5:00 p.m., for the purpose of adopting a resolu-
tion finding a state of emergency due to record floods and declaring
such emergency.
Respectfully submitted,
S/W. Robert Herbert
W. Robert Herbert
Acting City Manager"
FLOODS: The Acting City Manager orally presented an overview of
the status in the City of Roanoke as a result of the flood on Monday,
November 4, 1985. He advised at this time there are three confirmed
deaths in the City, ,and he does not have a count on the number of
j~e~ple ~ospit,a.l~,z~d~..'however the number is significant; that most of
~'~' ,~ ~1.~. ~f~h~ p~ople areJH~ing~treated ~nd released or cared'~r~.in ~osp. ital~,~d
"- all hospitals are operational.
He said the City's staff has been working to assemble the esti-
mated property loss figures; advising that the City's estimated total
damage is between $115 - $125 million; that the private portion is
estimated to be between $110 - $120 million and the public portion is
estimated to be between $4 - $6 million; and not included in the esti-
mate is damage to railroad property, natural gas property, power com-
pany property, or public telephone property.
Mr. Herbert said that amidst ell the personal loss and tragedy, he
is pleased to report a tremendous team effort in the City; that federal
employees, state government employees, State Guard, National Guard and
all city employees have been working since Monday to meet the life
threatening needs of the people of the community; that there are a
large number of volunteers, Red Cross, Salvation Army and individuals
who have called with boats, blankets, food, and four-wheel drive
vehicles, and there continues to be a standing list of people ~o have
volunteered their time and personal belongings to help citizens in
need.
46
The Acting City Manager said the Roanoke River and tributaries are
still life threatening; that there continues to be people who are
misled by the conditions they see, and are venturing in for scavenging
purposes, or who do not understand the power of the water and, the most
important thing the press can do for the citizens of the community is
to warn them of the danqer that continues to exist.
Mr. Herbert said a federal emergency management team will arrive
in the City on Wednesday, November 6, 1985, that Governor Charles S.
Robb and his staff and Congressman James R. Olin have been in constant
contact with the City and they have offered assistance in terms of
public facilities, public roadways, public bridges, and anything
further that generally benefits the public. He explained that the
federal emergency management team will do an assessment which will
eventually provide the documentation that might trigger a Presidential
declaration of emergency which will allow federal funds for the citi-
zens who have sustained property damage. Mr. Herbert advised that the
City Attorney, among many other people, has worked closely to ensure
that proper documents have been prepared and, Mr. Dibling has prepared
a measure which is before Council for consideration and is a require-
ment in order to have the local, state, and federal chain of events
take place.
ACTION:
The Acting City Manager advised that the Governor was notified at
4:15 p.m., today of estimated damage figures, and recommended the
measure to Council for appropriate action.
Mr. Trout offered the following Resolution:
(#278/5) A RESOLUTION finding a state of emergency due to the
recent floods and declaring such emergency, authorizing emergency
powers for the Director of Emergency Services, designating the Director
of Finance as the fiscal agent of the City of Roanoke, and calling upon
the Federal and State governments for assistance.
(For full text of Resolution, see Resolution Book No. 49, page 374.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None ....... .0.
There was period of questions addressed to the Administration and
remarks by the Mayor and members of Council.
There being no further business, the Mayor declared the special
meeting adjourned at 5:35 p.m.
ATTEST:
City Clerk
APPROVED
Mayo
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 11, lg~5
7:30 p.m.
47
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, November 11, 1985, at 7:30 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended. -'
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ............... --7.
ABSENT: None ..........................
.0.
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that this time last week our City probably was
facing the greatest period of destruction and disaster that we have
ever experienced in the form of a flood that might he remembered as the
one hundred year flood. He said we are now recovering and facing the
possible health issues, mammouth cleanup, and restoration of order. He
added that for the most part we have been partners, we have been a
family bonded together to beat adversity and return to the normal life-
style that we treasure.
Mayor Taylor said there will be a period of recovery; that we are
seeking disaster assistance and a state of disaster has been proclaimed
by national and state governments, but the disaster assistance our
people have demonstrated is the most powerful kind, the kind that helps
people in need, one by one, and is the foundation upon which we rest as
a community. He said we are going to regain what we have lost, we will
restore our neighborhoods, our businesses and our jobs will be in place
again; our downtown will make its come back, we will rebuild the roads
and bridges, and public buildings, and we will continue moving forward
toward the quality of life that we envision as the right for all.
Mayor Taylor advised that Mayor Park, ,)in Won from our Sister City
of Wonju, Korea, presented him with $3~0.00 in cash, to he given to the
City of Roanoke to aid in the relief of flood victims; and he also
advised of a check from Mr. and Mrs. H. C. Reed, Martinsville,
Virginia, in the amount of $50.00, to be used for flood relief pur-
poses.
ACTION:
HENRY STREET REVIVAL: The Mayor advised that included later on
the agenda is a report of the Henry Street Revival Committee submitting
recommendations with regard to a report of Halcyon, Ltd., in connection
with revitalization of Henry Street. He said that representatives of
the consulting firm experienced airline scheduling difficulties in
Washington, D. C., and could not make their flight connection in order
to be present at the meeting; whereupon, he suggested that the report
of the committee be carried over until the next regular meeting of
Council on Monday, November 18, lg85, in order that the consultants
could be present to present their recommendations and answer questions.
Mr. Trout moved that the report be deferred until the next regular
meeting of Council on Monday, November 18, 1985, at 2:00 p.m. The
motion was seconded hy Mr. Harvey and unanimously adopted.
48
ACTION:
PUBLIC HEARINGS:
HOUSING: Council having previously authorized the City Clerk to
advertise a public hearing for Monday, November 11, 1985, at 7:30 p.m.,
or as soon thereafter as the matter may he heard to consider the three-
year Housing Assistance Plan (HAP) for submission to the United States
Department of Housing and Urban Development for review and approval
thereof, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times and World-News on
Thursday, October 31, 1985.
(See publisher's affidavit on file in the City Clerk's Office.)
The Acting City Manager submitted a written report advising that
the Housing Assistance Plan is a required part of the Community
Development Block Grant program which describes local housing con-
ditions and sets quantitative goals for providing housing to low-and
moderate-income residents; that entitlement communities must prepare a
Housing Assistance Plan according to statutory requirements to receive
Community Development Block Grant funds; and Roanoke City must submit
a new three-year Housing Assistance Plan to the Department of Housing
and Urban Development by November 30, 1985, to he effective from
October 1, 1985 through September 30, 1988.
The Acting City Manager recommended that Council approve a three
year Housing Assistance Plan from October 1, 1985, through
September 30, 1988, an annual goal for October 1, 1985, through
September 30, 19R6, and authorize the Acting City Manager to submit the
documents to the Department of Housing and Urban Development for appro-
val.
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council regarding the public hearing,
Mr. Trout offered the following emergency Ordinance:
(#27876) AN ORDINANCE authorizing a Housing Assistance Plan for
the City's Community Development Block Grant program; authorizing the
submission of this document to the United States Department of Housing
and Urban Development; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 376.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout, Bowers and
Mayor Taylor .......... .6.
NAYS: None .......
(Vice-Mayor Harvey abstained from voting.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, hoards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on
Thursday, September 26, 1985, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as.recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
49
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............. 7.
NAYS: None ...................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, hoards, commissions and committees appointed hy
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, hoards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The n~)tion was seconded hy Mrs. Bowles
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................ 7.
NAYS: None ...................
0
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
transmitting the October, lg85 Statement of 1985-86 Revenue Receipts
for the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the communication he received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None ................. O.
CIVIC CENTER: A report of qualification of James W. Burks, Jr., as
a member of the Roanoke Civic Center Commission for a term of three years
ending September 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........................ 7.
NAYS: None ....................
O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Anne P. Glenn as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 16, 1988,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................. 7.
NAYS: None .......
50
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
LEAGUE OF OLDER AMERICANS, INC: A communication from Mr. Glenn B.
McKibhin, Executive Director, League of Older Americans, advising of
the severe funding situation confronting the League of Older Americans
and the 24 other Virginia Area Agencies on Aging in the fiscal years
1986-87, which crisis stems chiefly from the anticipated decrease in
funding at the federal and state levels, was before Council.
Mr. McKibhin pointed out that as the situation stands, unless
additional monies can be obtained, the agencies will not he able to
expand the level of their direct and indirect services to the rapidly
growing number of elderly throughout the state, and, for example, they
will likely have to reduce services, cutting such vital nutritional
programs as Meals on Wheels and Diner's Clubs to four days per week.
The Executive Director requested that Council adopt a measure to
be forwarded to the Governor and proper legislative representatives
requesting assistance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the matter be referred to the Acting City
Manager for study, report and recommendation to Council. The motion
was seconded by Mr. Garland and unanimously adopted.
TREASURER-COMPENSATION BOARD: A communication from Mr. Gordon E.
Peters, Treasurer, advising that on November 5, 1985, he was reelected
as Roanoke City Treasurer for a four-year term commencing January 1,
1986; that Section 37 of the City Charter provides that the City
Treasurer shall give bond in such sum as the Council may prescribe with
surety to be approved by Council; whereupon, he requested that Council
prescribe the sum for his City Revenue Bond and approve surety so that
the new bond may be executed on or before December 30, 1985, in order
that he might be properly bonded at the beginning of his new term, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request and that the
matter be referred to the Acting City Manager for report and recommen-
dation to Council as to the amount of the new bond. The motion was
seconded by Mr. Harvey and unanimously adopted.
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS:
FLOODS: The Acting City Manager presented an oral briefing on the
flood situation which occured on November 4, 1985, and the Presidential
disaster area declaration. He advised that when the City received
notice on Saturday, November 9, 1985, of the Presidential declaration
of a disaster area, it was a partial declaration which means that the
private sector, citizens and businesses, receive an automatic designa-
tion that federal funds will be eligible and will begin to flow into
the area. He said there is a second area, ~ich is public assistance
to local governments, and Council should be made aware that public
assistance to local governments has not been approved and there has not
been a Presidential declaration that covers the City of Roanoke or any
other local government jurisdictions, either in Roanoke or in West
Virginia, and that question has yet to be answered. He explained that
City staff has worked diligently to make sure there are no requests of
the City that have not been fulfilled which might cause the Federal
Government and ultimately the President of the United States not to
approve Phase II, or a public assistance declaration. He added that
representatives of the City have been in contact with the Governor's
Office today on a number of occasions and he is satisfied that all
necessary data is in the hands of the Federal Government.
51
ITEMS RECOMMENDED FOR ACTION:
POST OFFICE-COMMONWEALTH OF VIRGINIA BUILDING: The Acting City
Manager submitted a written report advising that on September g, 1985,
Council approved Change Order No. 22 to the contract with J. M. Turner
and Co., Inc., of Salem, Virginia, for renovation of the Old Post
Office Building/Commonwealth of Virginia Building; that a portion of
the change order was the approval of the acceptance of $13,730.00 as
final payment of fire damage from Home Insurance Company; that payment
was received and deposited in the project account; and this was payment
for the final items related to fire damage that was not included in
previous change orders such as rental of a construction elevator, the
refinishing of doors that received water damage and the replacement of
drywall partitions that were water damaged.
It was explained that Council needs to approve the payment of
$13,730.00 to J. M. Turner and Co., Inc., as final payment for work
already completed which relates to fire damage.
The Acting City Manager recommended that he be authorized to issue
Change Order No. 23 to the contract with J. M. Turner and Co., Inc., in
the amount of $13,/30.00, as final payment for fire related damage;
that no additional time is required; and the contract amount, including
Change Order No. 23, will be $2,767,262.40.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#27877) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 23 to the City's contract with J. M. Turner and Co.,
Inc. of Salem, Virginia, for renovation to the old Post Office
Building/Commonwealth of Virginia Building; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 377.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... .7.
NAYS: None ........ O.
REPORTS OF COMMITTEES:
EASEMENTS-APPALACHIAN POWER COMPANY-PARKS AND PLAYGROUNDS: Coun-
cil member Elizabeth T. Bowles, Chairman of the Water Resources Commit-
tee, presented a written report of the committee recommending that
Council authorize the appropriate City officials to execute an inden-
ture dedicating a fifteen foot public utility easement, 570 feet long,
across South Roanoke Park extending from the pedestrian underpass to
Wiley Drive parallel and east of the existing covered storm drain to
serve the Roanoke Sports Complex.
(For full text, see report on file in the City Clerk's Office.)
The Acting City Manager submitted a written report advising that
Council, pursuant to Ordinance No. 27/68, awarded a contract to
Breakell, Inc., for the installation of lighting and fencing for the
Sports Complex in South Roanoke Park; that Appalachian Power Company
has presented an indenture to the City which, when executed, will pro-
vide a public utility easement enabling them to extend underground
electric service across the park to serve the Sports Complex.
The Acting City Manager recommended that Council authorize the
Mayor to execute the proposed APCO Indenture providing a public utility
easement needed for the new underground electric cable across South
Roanoke Park to serve the Sports Complex, said indenture to be in a
form acceptable to the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
52
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance he placed upon its
First reading:
(#2787R) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 49, page 383.)
The motion was seconded hy Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None ............................
Mrs. Bowles moved that the report of the Acting City Manager be
received and filed. The motion was seconded by Mr. Bowers and unani-
mously adopted.
DONATIONS-STREET NAMES-STREETS AND ALLEYS: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report of the committee in connection with a right of
way gift to the City by Ms. Hester C. Hoback.
Mrs. Bowles advised that Best Products and Hill's Shopping area
was constructed several years ago; that Hill's was constructed during
1976 and Best Products prior to that when the area was in Roanoke
County; that roadway access to the area was provided by two private
streets, one is an access from Hershherger Road and is now dedicated
for public use as an extension of Ordway Drive, N. W., and the other is
a private street between Ferncliff Avenue, N. W., and that section of
Ordway Drive, N. W.; that roadway access is located adjacent to and
immediately east of the Hill's parking lot and is parallel to
Hershberger Road; and this street, though paved to City street stan-
dards, is recorded as a private parcel and bears Official Tax No.
6450105 and contains 0.67 acres.
It was explained that Hester C. Hoback, owner of the parcel, has
offered it to the City as a gift; that the City would probably receive
more in highway maintenance funding for the street than it produces in
tax revenues; that Ms. Hoback has requested that the street he named
"Hoback Drive"; that inasmuch as the street is an extension of existing
Hershberger Park Drive, N. W., the City street naming policy would
require that the existing name be continued on the new street and it is
suggested that the matter be referred to the Names Subcommittee of the
City Planning Commission for recommendation.
On behalf of the Water Resources Committee, Mrs. Bowles recom-
mended that Council authorize the appropriate City officials to exe-
cute the deed accepting the donation of a 0.67 acre parcel that is
currently in use as a private street and bears Official Tax No.
6450105; that the parcel be dedicated, after acceptance, as a public
street; and that the donor's request that the street be named "Hoback
Drive" be referred to the City Planning Commission for recommendation.
It was pointed out that the committee requested that the staff
contact Mr. Harold N. Hoback to let him know that the issue of the
street name would be handled by the Planning Commission and the com-
mittee could not guarantee that the name "Hoback Drive" would be accep-
table, as the new public street would be an extension of existing
Hershherger Park Drive, N. W.; advising that Mr. Hoback understood.the
problem, however, he asked only that the appropriate City officials
make every effort to have the name "Hoback Drive" a~plied to the
street, noting that he feels the name "Hershberger Park Drive" applied
to a 280 foot street, 200 feet from and parallel to Hershberger Road,
is confusing and it, as well as the donated street, should be named
"Hoback Drive"; and Mr. Hoback stated that if the Planning Commission
should decide to recommend other than the name "Hoback Drive" for the
street, it will have no effect on the donation.
(For full text, see reports on file in the City Clerk's Office.)
52
Mrs. Bowles offered tile following emergency Ordinance:
(/~278/9) AN ORDINANCE accepting the donation of certain property
to the City; dedicating the same for use as public right-of-way;
referring the matter of naming said right-of-way to the City Planning
Commission for a recommendation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 378.)
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None-- O.
BUDGET-SEWERS AND STORM DRAINS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report of the committee advising that Council on February 28, 1983,
authorized the award of an engineering services agreement to Mattern
and Craig for the design of the first phase construction projects
resulting from the Williamson Road Storm Drain Study; that Phase I -
Contract I was awarded to Erps Construction Co., Inc., on November 12,
1984, and assigned to Aaron J. Conner, ~neral Contractor, Inc., on
December 26, 1984; that design plans for the next phase of construction
(Phase I - Contract II) are complete and contact has been initiated
with those property owners from which the City needs to acquire per-
manent sanitary sewer and storm drainage easements and temporary
construction easements, all with rights of ingress and egress; that the
City Manager is exercising his authority, as defined in Section 21 of
the City Charter, to accept easement donations for those easements
being given to the City; and appraisals have been obtained for those
easements which have not been donated to the City.
On behalf of the committee, Mrs. Bowles recommended the following:
Easement acquisition for thirty-five sanitary sewer
and storm drain easements, including temporary
construction easements, all with rights of ingress
and egress, none of which are known at this time to
be by donation with twenty-six that may be with
compensation based on a negotiated settlement from
an appraised value, or by condemnation. Total
acquisition cost for easements on the twenty-six
parcels is not to exceed $30,000.00, including the
cost of any court mandated compensation in the
event of condemnation, without further authoriza-
tion of Council. Attachment A to the report iden-
tifies the twenty-six properties over which
easements will be acquired.
Institution of condemnation and right-of-way pro-
ceedings, as to easements, over the twenty-six par-
cels described in the attachment, by the City
Attorney in the event of continued refusal of a
property owner to accept or negotiate a bona fide
settlement in order that undue delay be avoided for
the project.
Transfer funds for acquisition of right of way for
the Wtlliamson Road Storm Drain and the Williamson
Road Sanitary Sewer, Phase I -Contract II, in the
amount of $30,000.00 from the existing Williamson
Road Account No. A08220191150 to a new account to
be established by the Director of Finance for the
Williamson Road Storm Drain, Phase I - Contract II.
(For full text, see reports on file in the City Clerk's Office.)
54
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27880) AN ORDINANCE to amend and reordain certain sections of
the 19~5-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 378.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... .-7.
NAYS: None ......... O.
Mrs. Bowles offered the following emergency Ordinance:
(#27881) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Wil)iamson Road
Storm Drain and Williamson Road East Sanitary Sewer Project, Phase I,
Contract II; authorizing the City Manager to fix to a certain limit the
consideration to be offered by the City for each parcel; providing for
the City's acquisition ot such real estate by condemnation, under cer-
tain circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of commencing
the project; directing the mailing of this ordinance to the property
owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 379.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... -7.
NAYS: None .......
O.
BUDGET-SEWERS AND STORM DRAINS-WATER DEPARTMENT: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report of the committee, in connection with selection
of a firm to provide architectural and engineering services for various
water and sanitary sewer projects contained in the fiscal year 1985-86
budget, advising that the City began obtaining architectural and engi-
neering services in December, 1983, for projects contained in the
Capital Improvements Program and current Water and Sewer Funds budgets
on a fiscal year basis in order not to be constantly engaged in the
selection process for each individual project; that Mattern & Craig,
Consulting Engineers was retained hy Council in December, 1983, for the
capital improvement project architectural and engineering services for
fiscal year 1983-84, and again in February, 1985, for the same services
in 1984-85.
It was explained that a request for proposals was advertised in a
local newspaper; that eight proposals were received; and competitive
negotiation, as set forth in the City and State Codes, resulted in the
selection of the local firm of Mattern & Craig to provide the architec-
tural and engineering services for the fiscal year 1985-86 capital
improvement projects.
On behalf of the committee, Mrs. Bowles recommended that Council
authorize the following:
An architectural and engineering agreement with
Mattern and Craig, Consulting Engineers, in an
amount not to exceed $97,400.00.
ACTION:
ACTION:
Transfer the following funds within the Water Fund
to a new account to be established hy the Director
of Finance and to he named "FY R6 Projects Design,"
for a total of $22,400.00:
AO2511099001
AO25110g0401
A02511090501
2,400.00
10,000.00
10,000.00
Transfer the following funds within the Sewer Fund
to a new account to he established by the Director
of Finance and to he named "FY R6 Projects Design"
AO35110g0101
$75,000.00
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
vi (ling funds as more fully explained above:
(#27882) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Water and Sewage Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 380.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted hy the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...................... 7.
NAYS: None ........ O.
Mrs. Bowles offered the following emergency Ordinance:
(#27883) AN ORDINANCE authorizing a contract with Mattern and
Craig, P. C., Consulting Engineers, to provide architectural and engi-
neering services for various water and sanitary sewer projects; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 381.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................. 7.
NAYS: None ......... O.
BRIDGES-MUNICIPAL BUILDING: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
of the committee advising that Council pursuant to Ordinance Nos.
27468, 27469 and 27470 authorized renovation of and additions to the
Municipal North Building (old Courthouse); and the Ordinances
authorized a direct connection, by bridge over Third Street, S. W.,
between Municipal North and the Third Street Municipal Annex, con-
taining the Police Department and on through to the new Courts Facility
Building.
It was explained that Council must take the following actions
prior to the construction of the pedestrian bridge:
Authorize the encroachment of the overhead bridge
itself into the airspace over Third Street, S. W.
The bridge has an eight foot exterior width and it
spans the roadway and both sidewalks. The souther-
ly side of the bridge is located 151.99 feet north
of the northerly right of way line of Church
Avenue, S. W.
55
56
ACTION:
Authorize the encroachment of the footings for the
new easterly support structure of the bridge one
foot into the right of way of Third Street, S. W.,
ten feet in length and approximately six feet below
the surface of the sidewalk.
Concur in the plans for the clearance of the bridge
over the street surface to be fourteen feet six
inches.
Waive the building setback line on both sides of
the street established by Ordinance No. 10003,
dated May 31, 1949, which established setback lines
on either side of Third Street, S. W., at 35 feet
on either side of the centerline of the right of
way of the present 47.91 foot street. The Munici-
pal Annex Building now encroaches upon the setback
on the west side of the street as do the new Court-
house steps and retaining wall.
It was noted that the Roanoke Valley Transportation Plan 1975-1995
has no provisions for the widening of this section of Third Street,
S. W., for the next twenty years.
On behalf of the Committee, Mrs. Bowles recommended that Council
authorize the following encroachments and waiver:
Encroachment of the bridge in the airspace of Third
Street, S. W.
Encroachment of footings of the easterly support
structure into the street right of way.
Concur in the current building plans which indicate
a bridge height of 14 feet 6 inches above the sur-
face of the street.
Waive the building setback line, which is 35 feet
east and west of the centerline of the street, to
permit construction of the support structure east
of Third Street, S. W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#27884) AN ORDINANCE permitting the encroachment of a pedestrian
bridge over a portion of Third Street, S. W.; waiving the setback line
for said street; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 384.)
The motion was seconded by Mr. Trout and adopted by tile following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... 7.
NAYS: None .........
-0.
SALE/PURCHASE OF PROPERTY-TRAFFIC: Council member Elizabeth T.
Bowles, Chairman ol~ the Water Resources Committee, presented a written
report of the committee with regard to Liberty Road and Hollins Road,
N. E., right of way acquisition, advising that the intersection carries
considerable truck traffic as well as passenger vehicle traffic; that
Hollins Road is a major north south route for trucks; that a signal has
been installed at the intersection in the last year; and pavement on
the southwest corner of the intersection is outside the street right of
way and on private property several feet.
It was explained that the City Administration has contacted the
owner of property on the southwest corner of this intersection and has
had an appraisal made of a section of proposed right of way needed to
improve the intersection; and the property owner, Mr. H. A. Moses, has
agreed to accept the market value of the right of way, established by
an independent real estate appraiser, of $942.00 for the area that is
needed.
57
On behalf of the committee, Mrs. Bowles recommended that Council
authorize the appropriate City officials to acquire the portion of
street right of way needed from Official Tax No. 3130~05, as shown on
Plan No. 5851-A, for $942.00, with legal documentation to he prepared
by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(~27885) AN ORDINANCE authorizing the City's acquisition of a
portion of street right-of-way located on the southwest corner of the
intersection of Hollins Road and Liberty Road, N. E.; and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 382.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None ......... O.
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report of the com-
mittee in connection with fees for new water service installations,
advising that the City has an established policy of assessing and
collecting fees for special services, such as new water service connec-
tion and meter installation fees, sufficient to recover the cost of
those special services; that fees for new water service connections and
meter installations were last established in 1981 based on installation
cost history for 1980 and early 1981; and the fees were established
with the intent of reimbursing the City for the actual cost of install-
ing new water services and meters.
It was explained that the fees are included in Rule 7 of the Rules
and Regulations for the Provision of Water Service, as adopted and
approved hy Council by Resolution No. 27274; that Rule 7(b) and
Ordinance No. 25527 authorize and empower the City Manager to recommend
adjustments in the charges so as to effect recovery to the City of then
current average costs of all such water service connections and meter
installations, provided that all such adjustments or revisions be
approved by City Council.
A staff report explained that costs for the past fiscal year
1984-85 have been monitored by evaluating the cost of each service
installation work order; that a total of 152 new water services have
been installed; transmitting a comparison of the average cost, after
discarding unrepresentative low or high costs of those new installa-
tions, with the current fee for the same size; noting that these costs
reflect an average increase of 23% and a need to increase new water
service and meter fees, however, the cost of meters has not risen
appreciably as compared to the installation costs.
On behalf of the committee, Mrs. Bowles recommended that Council
approve the following list of proposed fees which raise the water ser-
vice connection charges to reflect a 20~ increase in total combined
charges for~ water service connection and meter fees, effective
January 1, 1986:
58
ACTION:
DOMESTIC SERVICES:
Service Size Service Connection Meter Size Meter
Inches Charge Inches Charge
3/4" 423. O0 5/8" 75. O0
3/4" 423. O0 3/4" 112.50
1" 568.50 1" 142.50
1-1/2" 1,672.50 1-1/2" 202.50
2" 2,311.50 2" 337.50
3" 2,745.00 3" 975.00
4" 3,000.00 4" 1,500.00
6" 4,680.00 6" 3,000.00
8" 5,565.00 8" 4,875.00
10" 6,300.00 10" 6,000.00
FIRE SERVICES:
4" 3,000.00 4" 900.00
6" 4,680.00 6" 1,200.00
8" 5,565.00 8" 1,800.00
10" 6,300.00 10" 3,300.00
Total
Charge
498.00
535.50
711.00
1,875.00
2,649.00
3,720.00
4,500.00
7,680.00
10,440.00
12,300.00
3,900.00
5,880.00
7,365.00
9,600.00
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(~27886) A RESOLUTION establishing water connection and meter
fees for this City.
(For full text of Resolution, see Resolution Book No. 49, page 382.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... ----7.
NAYS: None ....... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-TAXES-HOUSING: Ordinance No. 27873 amending and reor-
daining certain sections of the City Code to delete the requirement
that real property must lie within a Conservation Plan Area in order to
qualify for exemption of real property tax on real property substan-
tially rehabilitated; effective January 1, 1986, having previously been
before the Council for its first reading on Monday, November 4, 1985,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#2?873) AN ORDINANCE amending and reordaining 632-93, Generally,
subsection (a) of 632-95, Eligibility of residential pro~ert~, and
532-96, Eligibility of commercial or industrial real property, Code of
the City of Roanoke (1979), as amended, to delete the requirement that
real property must lie within a Conservation Plan Area in order to
qualify for exemption of real property tax on real property substan-
tially rehabilitated; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 375.)
ACTION:
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted hy the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None .......... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INOUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTION:
FLOODS: Council member Howard E. Musser advised of the interest
of certain local bands and musicians in participating in a concert
whereby funds could be raised and donated to and flood victims. He
presented a communication from Mr. Jerry Spruell, representing the
American Red Cross, Roanoke Chapter, advising that Mr. Dan Vernon and
Mr. Richard Evans have been in touch with the Roanoke Valley Chapter,
American Red Cross, with the idea of having a concert at the Roanoke
Civic Center on November 27, 1985, to raise money for disaster victims
in the community. Mr. Musser said the Roanoke Valley Chapter, American
Red Cross, is requesting that Council permit rent free use of the Civic
Center Complex on November 27 for the concert, the Roanoke Valley
Chapter of the American Red Cross has agreed to serve as technical
adviser to the group but has stipulated that it cannot furnish funds or
manpower. Mr. Musser added that it will be necessary that appropriate
liability insurance be issued to cover the event.
Mr. Musser moved that Council authorize use of the Roanoke Civic
Center facility, rent free, on November 27, 1985, for a band concert,
all proceeds to aid flood victims which will be sponsored by the
American Red Cross, Roanoke Chapter, with the understanding that proper
liability insurance will be obtained, and that the matter be referred
to the City Attorney for preparation of the proper measure to be con-
sidered by Council at its next regular meeting on Monday, November 18,
1985. The motion was seconded by Mr. Trout and unanimously adopted.
Mr. Musser expressed concern that the City is losing business at
the Civic Center because of paid parking, noting that if there is a
banquet activity, some method of identification should be given so that
those persons attending the banquet will not have to pay to park. He
suggested that the Administration study the matter of paid parking for
certain events at the Roanoke Civic Center.
FLOODS: The Mayor called to the attention of Council a com-
munication from Mr. Steven A. McGraw, Chairman, Roanoke County Board of
Supervisors, advising that the spirit of cooperation that currently
prevails as a result of the recent flood should continue; that this
disaster demands immediate action on a regional basis; that all of the
affected localities, the Cities of Roanoke and Salem, the Town of
Vinton, and the Counties of Bedford, Botetourt, Mont§~,~ry and Roanoke
should join together to immediately remedy these problems; and Roanoke
County suggests the following course of action:
To evaluate the regional response to this disaster.
To pursue immediately the Fifth Planning District
Commission's flood control study (Feasibility Study
for a Roanoke Valley Comprehensive Storm Water
Management Program), which is already in progress.
60
ACTION:
ACTION:
To re-evaluate the U. S. Army Corp of Engineers'
study (Final Interim Feasibility Report and
Environmental Impact Statement for Flood Damage
Reduction for Roanoke River Upper Basin Headwaters
Area) in light of this disaster.
To recommend possible solutions to prevent or limit
the effects of future flooding, both short term and
long term.
Mr. McGraw advised that in order to initiate a course of action,
Roanoke County proposes to host the first meeting of one elected offi-
cial and the administrator of each of the affected localities, and the
localities will he contacted within the week to arrange the meeting.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication he referred to the Acting
City Manager for review and recommendation. The motion was seconded by
Mr. Trout.
There was discussion with regard to the motion; whereupon, Mr.
Harvey advised that an avenue for cooperation has been proposed and
regardless of who makes the proposition; it is worth looking into. Mr.
Harvey then offered a substitute motion that the Mayor appoint the
elected official and administrative officer to meet with the localities
as set forth in Mr. McGraw's communication, and that the communication
be referred to the Acting City Manager for report to Council. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser and Mayor Taylor-4.
NAYS: Council members Bowles, Trout and Bowers 3.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
HOUSING: The Mayor advised that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority created hy the resignation
of Mr. John F. Newsom, Jr., for a term of four years ending August 31,
1989, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Ronald O. Crawford.
There being no further nominations, Ronald O. Crawford was elected
as a member of the City of Roanoke Redevelopment and Housing Authority
for a term of four years ending August 31, 1989, by the following vote:
FOR MR. CRAWFORD: Council members Bowles, Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor .......... 7.
HOUSING: The Mayor advised that there is a vacancy on the Fair
Housing Board created by the resignation of Mr. William O. Lavin for a
term ending March 31, 1986, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of George A. McLean, Sr.
There being no further nominations, George A. McLean, Sr. was
elected as a member of the Fair Housing Board to fill the unexpired
term of William O. Lavin, resigned, ending March 31, 1986, by the
following vote:
FOR MR. MCLEAN: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
61
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there are three vacancies on the Roanoke Neighborhood
Partnership Steering Committee created by the resignations of Ms. Ann
Brown, Mr. George O'Hara and Mr. Robert M. Lyon, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Jan P. Wilkins,
Cecil H. Guilliams and Shirley G. Morck.
There being no further nominatinns, Jan P. Wilkins and Shirley G.
Morck were elected for terms of three years each ending November 16,
1988; and Ceci~ H. Guilliams was elected to fill the unexpired term of
Robert M. Lyon, resigned, ending November 16, 1986, as members of the
Roanoke Neighborhood Partnership Steering Committee, hy the following
vote:
ACTION: FOR MR. WILKINS, MR. GUILLIAMS AND MS. MORCK: Council members
Bowles, Garland, Harvey, Musser, Trout, Bowers and Mayor Taylor ...... 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:45 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
SPECIAL SESSION ROANOKE CfTY COUNCIL
November 18, 1985
1:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber in the Municipal Building, City of Roanoke, 215 Church Avenue,
S. W., on Monday, November 18, lg85, at 1:00 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Section 10, Meetings of Council (generally), of the
Roanoke City Charter.
PRESENT:
James G. Harvey,
Taylor .....
ABSENT:
Council members Elizabeth T. Bowles, Robert A, Garland,
II, Howard E. Musser, James O. Trout and Mayor Noel C.
None ..............
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilburn C. Oihling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
T~' ·
h'e Pled~e~of.Alleqiance to the Flag of the UditeO States of America
by Mayor' Ta~ or.' .'
The Mayor referred to the following communication calling the spe-
cial meeting of Council:
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
"November 14, 1985
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, this is to advise
you that there will he a special meeting of Council on Monday,
November 18, lg85, at 1:00 p.m. in the Council Chamber. The purpose of
the special meeting will be to discuss in Executive Session a personnel
matter being the appointment of a public officer pursuant to §2.1-344
(al (1), Code of Virginia (1950), as amended.
Sincerely,
ACTION:
S/Noel C. Taylor
Noel C. Taylor
Mayor
cc:
Mr. W. Robert Herbert, Acting City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk"
Mr. Musser moved that Council meet in Executive Session to discuss
a personnel matter being the appointment of a public officer pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded hy Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ......
.0.
At 1:07 p.m., the Mayor declared the meeting in recess.
At 1:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
The Mayor advised that the Council did not have anything to report
as a result of the Executive Session and declared the special meeting
adjourned at 1:50 p.m,
ATTE ST: Pi~J~-
APPROVED
City Clerk Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November lB, 1985
2:00 p.m.
' ~l~he City
· " ~, ,.. ,t,,:.,.~ ~The )Council,,o~ of Roanoke met in requ~la~ meeting in the
Council Chamber in"th'e'M~nicipal Building, 215 Church A~enue, S'. W.,
Roanoke, on Monday, November 18, lg85, at ~:00 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor ............... -7.
ABSENT: None ....... -0.
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter M. Lockett,
Director of Homebound Ministries, Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
FLOODS: Mayor Taylor expressed concern about the echos he hears
with regard to procedures on certain matters. He said he is of the
personal opinion that the City of Roanoke should march steadily forward
and that whatever is encountered in that forward march, if it is
necessary to pause and deal with a specific portion of the agenda or a
specific project, that should be done, but he hopes the City is not
going to put the gear in reverse and cease to be an All-America City;
and that we are not going to stop doing our tasks because we have come
upon a difficult situation in the form of a flood. The Mayor said he
hopes we are going to do the business of the City the way it should be
done; that we are not going to cease being a city; that we are not
going to stop doing the business of the agenda; and we are not going to
stop taking action on a project because we are in a difficult
situation. He stated that it is necessary to deal with the flood
disaster; and the City will not fail to do anything which should be
done to bring about the proper recovery from the flood. He added that
if the City of Roanoke is the City he thinks it is, if the City is
going to go about its business as it should, and if the City is going
to continue to move ahead, it should continue to address the needs of
the flood disaster in total, but in the process it should not leave
other things undone.
Mayor Taylor advised that the Harris Teeter Company has given the
City a tractor trailor ~load of food containing more than six tons in
the form of canned goods, cereal and paper goods to aid flood victims
in the Roanoke Valley. He introduced Mr. Bobby Staunton representing
Harris Teeter Company and Captain Allen Satterlee representing the
Salvation Army, and stated that the food will he given to the Salvation
Army for appropriate distribution.
BID OPENINGS:
CITY GOVERNMENT: Pursuant to notice of advertisement for bids to
fabricate and assemble a cast iron Sister Cities Fountain on Market
Street at Church Avenue, S. E., said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, November 18, 1985, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the one and only bid received from Robinson Iron
Corporation, in the amount of $34,750.00.
ACTION:
ACTION:
Mr. Harvey moved that the bid be referred to a committee to be
appointed hy the Mayor for study, report and recommendation to Council.
The motion was seconded by Mrs. Bowles and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
65
CONSENT AGENDA:
m
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to he routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will he removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and per-
sonnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, October 7, 1985, and Monday, October 14, 1985, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... .--7.
NAYS: None .........
.0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 {a) {1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, 3owers,
Bowles and Mayor Taylor ........ ---7.
NAYS: None .........
.0.
ELECTIONS: A communication from Mr. Alton B. Prillaman, Secre-
tary, Roanoke Electoral Board, transmitting the following certified
copies of the abstract of votes cast in the general election held on
November 5, 1985:
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985 for:
GOVERNOR OF VIRGINIA
Names of Candidates
Gerald L. "Jerry" Baliles
Wyatt B. Durrette, Jr.
Donald R. LaPrad
Robert Rich
Total Votes
Received
(In Figures)
13,380
7,272
1
1
66
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited in the Office of the Clerk of the Circuit Court
of the election held on November 5, 1985, do hereby certify that the
above is a true and correct Abstract of Votes cast at said General
Election for Governor of Virginia.
Given under our hands this seventh day of November, 1985.
(Signed) Melha C. Pirkey. Chairman
(Signed) Charles T. Green Vice Chairman
A copy teste:
..(Signed) Alton B. Prillaman
Sec ret a ry
(SEAL) .(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, lgB5 for:
LIEUTENANT GOVERNOR OF VIRGINIA
Names of Candidates
L. Douglas Wilder
John H. Chichester
Margaret Omer
Total Votes
Received
(In Figures)
12,720
7,717
1
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited in the Office of the Clerk of the Circuit Court
of the election held on November 5, 1985, do hereby certify that the
above is a true and correct Abstract of Votes cast at said General
Election for Lieutenant Governor of Virginia.
Given under our hands this seventh day of November, 1985.
(Signed) Melba C. Pirkey
Chairman
_(Signed) Charles T. Green Vice Chairman
(Signed) Alton Bo Prillaman
Secretary
A copy teste:
(SEAL) ,(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985 for:
ATTORNEY GENERAL OF VIRGINIA
Names of Candidates
Mary Sue Terry
W. R. "Buster" O'Brien
Total Votes
Received
(In Figures)
15,071
5,431
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited in the Office of the Clerk of the Circuit Court
of the election held on November 5, 1985, do hereby certify that the
above is a true and correct Abstract of Votes cast at said General
Election for Attorney General of Virginia.
Given under our hands this seventh day of N~,¢ember, 1985.
(Signed) Melba C. Pirkey Chairman
(Sifined) Charles T. Green Vice Chairman
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL)
(Signed) Alton B. Prillaman Secretary, Electoral Board"
67
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held the first Tuesday after the first Monday in
November, 1985, for
MEMBER OF THE HOUSE OF DELEGATES
SIXTEENTH DISTRICT
Names of Candidates
Total Votes
Received
(In Figures)
Clifton A. "Chip" Woodrum
Marc James Small
Marshall Coleman
8,148
1,831
1
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for Member of
the House of Delegates.
Given under our hands this seventh day of November, 1985.
(Si fined) Mel ba C. Pi rkey
Chairman
(Signed) Charles T. Green Vice Chairman
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL) i(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held the first Tuesday after the first Monday in
November, 1985, for
MEMBER OF THE HOUSE OF DELEGATES
SEVENTEENTH DISTRICT
Total Votes
Received
Names of Candidates (In Figures)
A. Victor "Vic" Thomas 6,062
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election for Member of
the House of Delegates.
68
Given under our hands this seventh day of November, I9R5.
(Signed) Melba C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairman
(Signed) Alton R. Prillaman Secretary
A copy teste:
(SEAL)
(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985, for
COMMONWEALTH'S ATTORNEY
Names of Candidates
Total Votes
Received
(In Ftgures)
Donald S. Caldwell
15,615
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at satd election and do there-
fore determine and declare that the following received the greatest
number of votes cast in said election:
Donald S. Caldwell
for the office of Commonwealth's Attorney.
Given under our hands this seventh day of November, 1985.
A copy teste:
(SEAL)
(Signed) Melba C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairman
{SiQned) Alton B. Prillaman Secretary
(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985, for
SHERIFF
Names of Candidates
Total Votes
Received
(In Fi gures )
W. Alvin Hudson, Jr.
Donald R. LaPrad
15,874
1
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election and do there-
fore determine and declare that the following received the greatest
number of votes cast in said election:
W. Alvin Hudson, Jr.
for the office of Sheriff.
Given under our hands this seventh day of November, 1985.
(Signed) Melba C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairman
(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL)
(Signed) Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985, for
COMMISSIONER OF REVENUE
Names of Candidates
Jerome S. Howard, Jr.
Wayne Compton
Total Votes
Received
{In Figures
15,066
1
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election and do there-
fore determine and declare that the following received the greatest
number of votes cast in said election:
Jerome S. Howard, Jr.
for the office of Commissioner of Revenue.
Given under our hands this seventh day of November, 1985.
(Signed) Melha C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairman
~{Signed) Alton B. Prillaman
Secretary
A copy teste:
(SEAL) (Signed) Alton B. Prillaman Secretary, Electoral Board"
69
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on November 5, 1985, for
TREASURER
Total Votes
Received
Names of Candidates (In Figures)
Gordon E. Peters 16,535
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the elec-
tion held on November 5, 1985, do hereby certify that the above is a
true and correct Abstract of Votes cast at said election and do there-
fore determine and declare that the following received the greatest
number of votes cast in said election:
Gordon E. Peters
for the office of Treasurer.
70
Given under our hands this seventh day of November, 19F~5.
(Signed) Melba C. Pirkey Chairman
(Signed) Charles T. Green Vice Chairman
.(Signed) Alton B. Prillaman Secretary
A copy teste:
(SEAL)
(.Signed) Alton B. Prillaman Secretary, Electoral Board"
ACTION:
ACTION:
ACTION:
ACTION:
(For full text, see communication and abstracts of votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and abstracts of votes be
received and filed. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl~s and Mayor Taylor ............................................... 7.
NAYS: None .......... O.
YOUTH: A communication from Ms. Anita J. Price tendering her
resignation as a member of the Youth Services Citizen Board, effective
November 6, 1985, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication he received and filed. The motion was seconded
hy Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ............
CIVIC CENTER: A report of qualification of Margaret R. Baker as a
member of the Roanoke Civic Center Commission for a term of three years
ending September 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Harvey~ Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None .......
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Trout moved that Council concur in the request of Council
member Musser to convene in Executive Session to discuss a personnel
matter pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Garland and adopted by,the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... .7.
NAYS: None ....... O.
REGULAR AGENDA:
m
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
WATER DEPARTMENT: Mr. Leo B. Trenor, 543 Petty Avenue, N. E.,
Roanoke County, appeared before Council and advised that he owns a
business in the City of Roanoke, buys City water and pays a sewer bill.
Following the flood, he said he watched citizens discard their personal
belongings and pay to use City water and sewer service to clean-up the
damage; that he watched Hotel Roanoke employees use City water from
fire hydrants to clean the parking lot while citizens were told to con-
serve; that Mr. Kit B. Kiser, Director of Utilities and Operations,
informed him that Hotel Roanoke was not paying for the water, however,
Mr. M. Craig Sluss, Manager, Water Production, was quoted in a local
newspaper as saying that Hotel Roanoke was paying $1.00 per 1000
gallons of water used.
Mr. Trenor said the City should adopt a measure to give all flood
victims free water and sewer service this month; and discontinue use of
water from fire hydrants by businesses unless the water is metered and
a sewer charge is imposed on the business just as the charge is imposed
on citizens. Mr. Trenor expressed the opinion that allowing businesses
to use public facilities free of charge or control is a disgrace to the
State of Virginia, the Roanoke Valley and the City of Roanoke.
Mr. Garland moved that the remarks of Mr. Trenor be received and
filed. The motion was seconded by Mrs. Bowles.
Mr. Harvey inquired as to the City's policy regarding use of
water from fire hydrants; whereupon, Mr. Kiser advised that it is City
policy to permit use of water from fire hydrants and a charge of $1.00
per 1,000 gallons is assessed. He said he informed Mr. Trenor that he
had not had time to police the activity since the flood; that as a
result of Mr. Trenor's call, he requested that a news release be issued
reminding citizens that they are to obtain a hydrant use permit before
using a hydrant, and the City will assess charges as above set forth.
He stated that there have been approximately twenty permits issued and
charges will be assessed.
Mr. Harvey said he received a telephone call from an individual
advising that he had requested a permit to place a camper trailor tem-
porarily beside his home until necessary repairs could be n~de to the
home; that the individual was denied a permit by the City, and Mr.
Harvey requested that he be given a report as to the City's policy as
it relates to this type of situation.
The Mayor suggested that every effort be made to go the second
mile to be of assistance during this time of need as citizens and busi-
nesses stage a comeback from the flood.
Mr. Trout offered an amendment to the motion that the matter
referred to by Mr. Trenor be referred to the Acting City Manager for
study, report and recommendation to Council; whereupon, Mr. Harvey and
Mrs. Bowles agreed to the amendment to the motion, and, the motion, as
amended, was unanimously aaopted.
PETITIONS AND COMMUNICATIONS:
CITY CODE-AIRPORT: Council having previously agreed to extend an
invitation to Montgomery County to appoint a liaison member to the
Roanoke Airport Advisory Commission, a communication from Ms. Mary R.
Fessler, Chairman, Montgomery County Board of Supervisors, advising
that the Board of Supervisors approved appointment of Dr. William R.
VanDresser as the County's liaison representative, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
ACT[ON:
ACT[ON:
(#27887) AN ORDINANCE amending and reordaining §4-25, Liaison
members from other 9overnmental subdivisions, of the Code of the City
of Roanoke ('1979), as amended, to authorize City Council to invite
governing bodies of other governmental subdivisions in the region
served by the Roanoke Regional Airport to appoint liaison commission
members; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 384.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ............................. 6.
NAYS: None ...........
(Council member Trout was out of the Council Chamber.)
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
LIBRARIES: The Acting City Manager submitted a written report
advisin9 that a uniform library card concept for Roanoke City, Roanoke
County and the City of Salem was endorsed by Council at its meeting on
August 26, 1985, at which time Council also authorized the negotiation
of an agreement with the other localities; and a uniform library card
concept has also been endorsed by the Board of Supervisors of Roanoke
County and the Council of the City of Salem.
It was explained that a draft agreement providing for the estab-
lishment of a joint policy for the uniform library card has been
approved by Roanoke County and the City of Salem; and Council is
requested to approve the agreement which can be signed by all three
jurisdictions.
The Actin9 City Manager recommended that Council approve the
agreement between the City of Roanoke, County of Roanoke and City of
Salem for use of a Uniform Library Card and that he be authorized to
execute the agreement.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#27888) AN ORDINANCE authorizing the execution of an Agreement
by and among the City, Roanoke County and the City of Salem providing
for a uniform library card to be used in those jurisdictions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 385.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ..........
(Council member Trout was out of the Council Chamber.)
BUDGET-SEWERS AND STORM DRAINS: The Acting City Manager submitted
a written report advising that Prillaman and Pace, Inc., submitted a
low bid, in the amount of $299,818.50, for the construction of Bond
Issue Daleton Road Storm Drain, which was accepted by Council pursuant
to Ordinance No. 27746; that the project included beginning in the
eastbound lane of U. S. Route 460, Orange Avenue, N. E., with an open
cut ditch and crossing the westbound lane, and continuing up 24th
Street and Daleton Road, N. E.; and in the westbound lane of Orange
Avenue, a conflict with a 12-inch waterline would have to be adjusted.
It was explained that requirements dictated that due to heavy
traffic conditions on Orange Avenue, an average of 25,000 vehicles per
day, the contractor could only work between the hours of 10:00 a.m.,
and 4:00 p.m.; that the contractor would have to control traffic at the
construction crossing and the City's responsibility would be to provide
traffic signing and any detour routing; that traffic routing would
require that during construction in the eastbound lane, traffic east-
bound would have to start merging to one lane after passing Thirteenth
Street, N. E., and cross through the median opening at Gus Nicks
Boulevard into the westbound lane and remain in that lane until
entering back into the eastbound lane at Mecca Street; that this
requires only one westbound lane during this construction phase and
requires that Gus Nicks Boulevard intersection would be closed to traf-
fic from Vtnton turning onto Orange Avenue westbound; that traffic
would have to be detoured onto Eastern Avenue, west to Thirteenth
Street, to the traffic light on Orange Avenue; that westbound traffic
on Orange Avenue would be in a one lane pattern, as would be the east-
bound traffic; and westbound traffic could not turn left onto Gus Nicks
Boulevard, and would have to travel to Thirteenth Street and follow the
detour back to Gus Nicks Boulevard.
73
It was further explained that when construction enters into the
westbound lane, the traffic sequence would then be reversed; that
estimated cost to the City to provide the routing and detour for
approximately three weeks would be $7,500.00; that if an accident or
traffic back-up occurs, there would be additional cost in overtime;
and one-laning of traffic could have a tremendous impact on business
through this area and possible loss of sales tax revenue to the City.
Mr. Herbert advised that a preconstruction meeting with the
contractor resulted in the contractor submitting a proposal to the City
that in lieu of open cutting of Orange Avenue, tunneling would be more
cost beneficial and there would be no interruption of traffic on Orange
Avenue.
m
The Acting City Manager recommended that Council authorize him to
execute Change Order No. I to the contract with Prillaman and Pace,
Inc., in the amount of $15,535.70; and authorize the Director of
Finance to transfer $15,535.70 from the lg85 Public Improvement Bond
Issue for Storm Drains.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27889) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 386.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ................. 6.
NAYS: None .......... O.
(Council member Trout was out of the Council Chamber.)
Mr. Bowers offered the following emergency Ordinance:
(#27890) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Prillaman and Pace,
Inc., for the Bond Issue Daleton Road Storm Drain Project; and pro-
viding for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 386.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
74
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ................................ 6.
NAYS: None .--0.
(Council member Trout was out of the Council Chamber.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The Acting City Manager
submitted a written report advising that the fiscal year 1983-84 budget
approved by Council contained various funded capital improvement and
maintenance projects in the Water Enterprise Fund Budget and the Sewer
Enterprise Fund Budget; that included in the approved budget were
funds for replacement of the Mud Lick Sanitary Sewer, from the Roanoke
River Interceptor upstream to Grandin Road, S. W.; that a permit from
the Commonwealth of Virginia Marine Resources Commission is necessary
to enable the City, through its contractor, to install a sanitary sewer
gravity main across approximately 310 linear feet of state owned suba-
queous land with eight stream crossings; and the permit requires that
the City indemnify and save harmless the Commonwealth of Virginia from
any liability arising from the establishment, operation or maintenance
of said project.
The Acting City Manager recommended that Council authorize the
execution of the Marine Resources Commission permit.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#27891) AN ORDINANCE authorizing the appropriate City officials
to execute a permit agreement with the Commonwealth of Virginia for the
instailation of a sanitary sewer gravity main across certain State-
owned subaqueous land with various crossings of Mudlick Creek; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 38?.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ........ .0.
(Council member Trout was out of the Council Chamber.)
PUBLIC WORKS: The Acting City Manager having previously placed an
item on the agenda with regard to deicing salt, he requested that the
item be withdrawn; whereupon, Mr. Harvey moved that Council concur in
the request. The motion was seconded by Mr. Garland and unanimously
adopted.
STREET LIGHTS-CITY PROPERTY-SPECIAL PERMITS: The Acting City
Manager subm(tted a written report advising that Downtown Roanoke,
Inc., has requested permission to install Christmas decorations on
City-owned street light standards along Jefferson Street, Campbell
Avenue, and Church Avenue in the downtown area of the City for a 60 day
period from November 15, 1985, through January 16, 1986, using red bows
which were used last year and lighted wreaths similar to the one that
was on display in June, 1985.
The Acting City Manager recommended that Council adopt the appro-
priate measure, in a form acceptable to the City Attorney, ~o allow
Downtown Roanoke, Inc., to install holiday decorations on Ci~:y-owned
standards along Jefferson Street, Campbell Avenue, and Church Avenue in
the downtown area of the City.
(For full text, see report on file in the City Clerk's Office.)
75
Mr. Musser offered the following Resolution:
(#27892) A RESOLUTION authorizing a revocable permit t~'Downtown
Roanoke, Inc., for the attachment or installation of certain holiday
decorations to certain City liqht standards and other facilities in the
downtown area of the City, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 49, page 387.)
ACTION: Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Tayl or .............. 6.
NAYS: None ....... O.
(Council member Trout was out of the Council Chamber.)
FLOODS: The Acting City Manager submitted a written report with
regard to the flood in the City of Roanoke and surrounding jurisdictions
on Monday, November 4, ]985; advising that federal disaster areas were
declared for eleven western Virginia localities, including the City of
Roanoke, by President Reagan on Saturday, November 9, 1985; that the
disaster designation opens the way for individuals and businesses in those
eleven localities to receive various forms of aid from a dozen federal
programs; that a disaster aid facility (DAC) needed to be open for pro-
cessing disaster aid applications by Wednesday, November 13, 1985; and a
disaster aid facility would actually provide office space for two opera-
tions, including:
Disaster Aid Center (DAC) for processing
federal aid applications by victims of the
flooding; and
®
Federal Emergency Management Agency (FEMA)
field office for overviewing entire flood
relief effort.
It was explained that providing a disaster aid facility is viewed
as a responsibiltiy of the local governments within the community for
which the federal aid is being provided; that it was also important to
open the DAC office and FEMA field office as soon as possible after the
disaster in order to provide timely assistance to those individuals and
businesses most severely damaged; that a DAC needed to be a centrally
located facility that had good public access, with adequate parking,
area for administrative room as well as private interviewing areas,
handicapped accessibility, and public restroom facilities; and the DAC
would be for the City of Roanoke, as well as other surrounding locali-
ties within the vicinity of the required FEMA field office operations.
Mr. Herbert advised that the old Sears building in the 1500 block
of Williamson Road was offered for use by the current owner, Faison
Associates; that the building had been reviewed by both Federal and
local officials and determined to be an excellent facility from which
to operate a Disaster Aid Center; that Faison Associates had already
made the building immediately available to the City with no rental
charges to be levied for use through January 31, 1986; and an agree-
ment for net lease must be processed between Faison Associates and the
City of Roanoke in order to provide for the following concepts:
No rental charge for use of the building through
January 31, 1986~
City will provide all necessary insurance to have
adequate property and liability coverages during
times of occupancy;
City will provide all utility costs associated with
starting up and keeping the building functional and
operational during occupancy;
76
ACTION:
ACTION:
City will restore the building to at least the
building's original condition before occupancy once
occupancy is completed.
Mr. Herbert further advised that FEMA has funds available for
Federal reimbursement of at least those expenses associated with the
field office set up on the second floor of the huilding; that the cost
to the City to heat, cool and provide other utility services to the
building for the time period of November 11, 1985, through January 31,
lg86, is not expected to exceed $20,000.00; and Federal reimbursements
are available to the City which should hold the start up and opera-
tional costs to the City to a minimum.
The A~2ing City Manager recommended that Council concur in the
approach being taken under emergency conditions to establish a Disaster
Aid Center in the City of Roanoke, and authorize the continued use of
the old Sears building under the terms set out in the report, and once
final lease terms have been negotiated, the Administration will come
back to Council for final lease authorization.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that a communication be forwarded to Mr. Henry J.
Faison, Faison Associates, expressing appreciation of the City of
Roanoke for use of the former Sears building. The motion was seconded
hy Mrs. Bowles and unanimously adopted.
Mr. Garland moved that Council concur in the recommendation of the
Acting City Manager. The motion was seconded by Mr. Trout and unani-
mously adopted.
REPORTS OF COMMITTEES: NO;-IE.
UNFINISHED BUSINESS:
HENRY STREET REVIVAL: The Mayor presented a written report of the
Henry Street Revival Committee advising that the Development Plan as
prepared by Halcyon, Ltd., Real Estate Advisors and Development
Consultants, of Washington, D. C., is before Council, noting that at
the last meeting of Council the Plan was carried over because of travel
problems incurred by Hal cyon's representative in getting to Roanoke.
Mayor Taylor explained that on October 31, 1985, the Henry Street
Revival Committee met and considered the Halcyon report, and it was the
unanimous decision of the committee to approve the plan and transmit it
to Council for review and consideration.
He said that several points need to be made clear with respect to
the plan. First, many of the actions required to implement the plan
will be carried out by the Roanoke Redevelopment and Housing Authority
(RRHA), not the City; that the plan fails to make any distinction bet-
ween the City and RRHA, an independent political subdivision of the
Commonwealth, perhaps, because of the understandable unfamiliarity of
the consultants with local government structure, For example, any
required property acquisition would be the responsibility of RRHA after
determination by the Board of Commissioners that such acquisition is
necessary to implement the Housing Authority-recommended and Council-
adopted Conservation and Redevelopment Plan for the area; that
likewise, RRHA would also play a key role in the provision of the
financial incentives referred to in the plan; and the City's primary
role would be the provision of public improvements, such as trees,
lights and sidewalk improvements.
Mayor Taylor explained that secondly the Council is not being
requested at this time to spend any additional money on the Henry
Street plan; that Council has already appropriated $619,414.00 in the
Community Development Block Grant budget for the project; that addi-
tionally, Council approved the annual contract with RRHA which includes
$430,000.00 of the $619,414.00 included in the Community Development
Block Grant budget for the project, and no other expenditures can be
made without Council's approval.
The Mayor advised that the follo~.~ing action is being requested of
Counci 1:
Approve the general concept of developing Henry
Street as a restaurant and entertainment district.
Refer the plan to the Board of Commissioners of the
Roanoke Redevelopment and Housing Authority for
their review and analysis in the context of the
existing Conservation and Redevelopment Plan and
recommendation Lo Council as to any amendments
required in the Conservation and Redevelopment
Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Beverly T. Fitzpatrick, Jr., Co-Chairman of the Henry Street
Revival Committee, appeared before Council and advised that in his 1984
State of the City Address, Mayor Taylor recommended a study for revita-
lization of the Henry Street area, and a committee known as the Henry
Street Revival Committee was appointed by the Mayor, with Council's
concurrence, to study the Henry Street area and endeavor to determine
the alternatives available for future development. He explained that
Halcyon, Ltd., was selected as the consultant to study viable alter-
natives, noting that the consultants' report is before the Council and
their recommendations have the support and approval of the entire com-
mittee inasmuch as the committee is of the opinion that their recommen-
dations are reasonable and workable.
Mr. Fitzpatrick introduced Mr. Thomas Moriarity, Senior Associate,
Halcyon, Ltd., to present the report; whereupon, Mr. Moriarity reviewed
the report in detail.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout referred to Page 5a of the report and inquired if it is
proposed to take all the property from Henry Street over to the alley;
whereupon, Mr. Moriarity responded in the affirmative, advising that a
typographical omission was discovered after the draft had been sent to
the committee that omitted Lot No. 2013017, but the lot should be
included and it should appear in the tax number list for the acquisi-
tion estimate.
Mr. Trout said the repert should be clarified to the extent that
the City cannot condemn the property or grant interest free loans;
whereupon, Mr. Moriarity advised that the point was well taken and the
report will be corrected accordingly.
The City Attorney advised that the actions called for in the
report are actions that would be commenced by the Housing Authority and
not the City, for example: the property acquisition would be a Housing
Authority function, and the area where Henry Street exists has been
determined to be a conservation and redevelopment district by the
Housing Authority; that if there is going to be any property acquisi-
tion, the matter has to be referred back to the Housing Authority and
the Board of Commissioners to make a judgment in their discretion as to
whether the plan is one that should go forward. He said the City does
not have the authority to condemn for this type of purpose; that if
there is going to be any acquisition, it will have to come from the
Housing Authority and, ii: condemnation is necessary, that will also be
a function of the Housing Authority; that judgment of the Board of
Conm~issioners of the Housing Authority cannot be pre-empted because
they will have to make an independent judgment as to whether the report
is consistent with the redevelopment and conservation plans, and report
their findings back to the Council.
ACT[ON:
ACTION:
Mr. Dibling said the same points need to be made in reference to
the financing for the project because the Constitution of Virginia will
not permit cities to loan their general funds to private individuals
or concerns for this type of project; that the Housing Authority has
considerable more flexibility and leeway in that area, and they will be
considering any financing or loans that need to be made. He stated
that primary involvement of the City of Roanoke in the project would be
the provision of public immenities such as lights, trees and sidewalks.
Mayor Taylor clarified that the lot which was omitted and referred
to earlier by Mr. Moriarity is owned by High Street Baptist Church. He
advised that neither he or any member of his church has had any dialo-
gue with anyone concerning the lot in question.
Mr. Lawrence H. Hamlar, Co-Chairman of the Henry Street Revival
Committee, and a resident of the Henry Street area, appeared before
Council and advised that the committee has worked diligently on its
charge; and the committee is of the opinion that the recommendations of
the consultants are viable and reasonable. He said Henry Street is
only a "stones throw" from downtown Roanoke; that it is not going to 9o
away; that it is a blighted area, it is not generating any tax revenue
and he does not think the City can afford to have land that close to
downtown Roanoke that does not bring in revenue. He stated that the
land can be useful and the committee has endeavored to find a way to
make the land bring in money to enhance the beauty and economics of the
City of Roanoke. He added that the committee views the recommendations
as a vital part of the long-range plan for the City; that the committee
sees the project as a compliment to other developments such as Design
'85, and he urged that Council join the committee in endorsing the
recommendations.
Mr. George R. Heller, Administrator, Gainsboro PAC, appeared
before Council and advised that the PAC Board has reviewed the prelimi-
nary First Street Design plans and endorses the overall concept,
advising that the PAC is willing to work with the Mayor, the City and
the Housing Authority in any way to assist in facilitating the plan.
Mr. Trout moved that Council refer the report of Halcyon, Ltd., to
the Roanoke Redevelopment and Housing Authority for review and recom-
mendation. The motion was seconded by Mrs. Bowles and unanimously
adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EASEMENTS-APPALACHiAN POWER COMPANY-PARKS AND PLAYGROUNDS: Ordi-
nance No. 27878 authorizing execution of an indenture between the City
and Appalachian Power Company, dedicating a 15 foot public utility
easement across South Roanoke Park to serve the Sports Complex, having
previously been before the Council for its first reading on Monday,
November 11, 1985, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#278/8) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 49, page 383.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the followin9 vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ................... 7.
NAYS: None ........... O.
BRIDGES-MUNICIPAL BUILDING: Ordinance No. 27884 permitting the
enroachment of a pedestrian bridge over a portion of Third Street,
S. W.; waiving the setback line for said street; and providing for an
effective date, of November 11, 1985, having previously been before tile
Council for its first reading on Monday, November 11, 1985, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#2?884) AN ORDINANCE permitting the encroachment of a pedestrian
bridge over a portion of Third Street, S. W.; waiving the setback line
for said street; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 4g, page 384.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The n~tion was
seconded by Mr. Garland and adopted hy the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ...... 7.
NAYS: None .......
RED CROSS-SPECIAL PERMITS-CIVIC CENTER: Council member Musser
offered the following Resolution waiving the standard rental fee for
use of the Civic Center Complex, waiving parking fees and waiving the
City's share of concession proceeds under certain circumstances for a
concert being sponsored by the American Red Cross, Roanoke Chapter, to
he held at the Civic Center Complex on November 27, 1985:
i (#27893) ,A RESOLUTION waiving the standard rental fee for use of
the'Civic,. .'~e~qtc~r~C~)mplex,~. ,. waiving, parking fees. and. waiving, f the City's
snare of condess~&n proceeds under certain c~rcumstances or a colncert
being sponsored by the American Red Cross, Roanoke Chapter,' to h~ h61d
at the Civic Center Complex on November 27, 1985.
(For full text of Resolution, see Resolution Book No. 49, page 388.)
ACTION: Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None .........
MOTIONS AND MISCELLANEOUS BUSINESS:
FLOODS: The Mayor referred to a communication which was con-
sidered by Council at its regular meeting on Monday, November 11, 1985,
from Mr. Steven A. McGraw, Chairman of the Roanoke County Board of
Supervisors, proposing that a meeting be held to discuss flood damage
reduction for the Roanoke Valley; whereupon, the Mayor advised that he
would like to appoint Vice-Mayor James G. Harvey, II, as the elected
official and Acting City Manager W. Robert Herbert, as the administra-
tive officer to represent the City of Roanoke at such meeting (s).
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:15 p.m., the Mayor declared the meeting in recess.
At 4:50 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there is a vacancy on the Roanoke Neighborhood Partnership
Steering Committee due to the resignation of Mr. W. Andrew Dickinson,
Jr., for a term of three years ending November 16, 1988, and called for
nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of The Reverend
William L. Lee.
There being no further nominations, The Reverend William L. Lee
was elected as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 16, 1988,
by the following vote:
ACTION: FOR REVEREND LEE: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor- 7.
79
80
PUBLIC ASSISTANCE: The Mayor advised that the four year terms of
Mr. Acree Hayes and Mr. David A. Sayles as members of the Advisory
Board of Human Resources will expire on November 30, lgR5, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Acree Hayes and
David A. Sayles.
ACTION:
There being no further nominations, Acree Hayes and David A.
Sayles were reelected as members of the Advisory Board of Human
Resources for terms of four years each ending November 30, 1989, by the
following vote:
FOR MESSRS. HAYES AND SAYLES: Council members Garland, Harvey,
Musser, Trout, Bowers, Bowles and Mayor Taylor ......... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:55 p.m.
ATTEST: ...~)~.~.~..
City Clerk
APPROVED
Mayor
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
November 20, lg85
8:30 a.m.
81
The Council of the City of Roanoke met in special session in the
Council Chamber in the Municipal Building, City of Roanoke, 215 Church Avenue,
S. W., on Wednesday, November 20, 1985, at 8:30 a.m., pursuant to Section 10,
Meetings of Council generally, of the Roanoke City Charter, with Mayor Noel C.
'Taylor presiding.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers and Mayor Noel C. Taylor .... 6.
ABSENT: Council member Elizabeth T. Bowles
--1,
OFFICERS PRESENT: Mr. W. Robert Herbert, Acting City Manager; Mr.
Wllburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the special
meeting of Council, which communication was delivered to each member of City
Council on Tuesday, November 19, lg85:
"November 19, 1985
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, this is to advise
you that there will be a special meeting of Council on Wednesday,
.~'N~bvemt~er 20~t ~9~85,' ~at' 8:30 a.m. in the Council Chamber. The
of' t~e ~spect'a~'~e~t~,qg will be ~o discuss in ExertS'ye ISes. sionPU~p°Se.a, per-
sonnel matter being the appointment of a public officer, pursuant to
§2.1-344 (al (1), Code of Virginia (1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
CC:
Mr. W. Robert Herbert, Acting City Manager
Mr. Wilburn C. Dihling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk"
CITY MANAGER: Council member Howard E. Musser, Chairman of the
City Council's Personnel Committee, advised that on July 12, 1985,
Council, acting as the Personnel Committee, placed its first adver-
tisement in the news media for the position of City Manager for the
City of Roanoke; and numerous other advertisements were placed
resulting in the City receiving a total of 353 applications for the
position.
Mr. Musser said that after due consideration of all candidates, it
is with great pleasure that on behalf of the City Council's Personnel
Committee, he recommends W. Robert Herbert as City Manager of the City
of Roanoke, effective November 20, 1985.
Mr. Musser then placed in nomination the name of W. Robert Herbert
as City Manager, effective November 20, 1985.
ACTION: Mr. Harvey moved that the nominations be closed.
seconded by Mr. Bowers and adopted.
The motion was
ACTION:
Mr. W. Robert Herbert was then elected as City Manager of the City
of Roanoke, effective November 20, 1985, hy the following vote:
FOR MR. HERBERT: Council members Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............. 6.
(Council member Bowles was absent.)
Following comments by the Mayor and members of Council, Mr.
Musser offered the following Resolution:
(#27894) A RESOLUTION electing and appointing W. Robert Herbert
as City Manager for the City of Roanoke, effective November 20, 1985,
and ratifying the terms and conditions of employment as City Manager
offered to Mr. Herbert by a certain letter.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 300.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers, and
Mayor Taylor ....................... 6.
NAYS: None .............. O.
(Council member Bowles was absent.)
Mr. Herbert advised that he is proud and honored to accept the
position of City Manager of the City of Roanoke and he looks upon the
position as an opportunity for fulfillment in exercising his abilities.
There being no further business, the Mayor declared the special
meeting adjourned at 9:35 a.m.
APPROVED
ATTEST:
City Clerk
Mayor
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
November 25, lgR5
7:30 p.m.
82
The Council of the City of Roanoke met in regular meeting in the
William Fleminq High School Auditorium, 3600 Ferncliff Avenue, N. W., City of
Roanoke, on Monday, November 25, lg85, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of-R~anoke (1979~, as amended, and pursuant to
ResolUtion No. 27844, adopted by the Council on October 14, 1985.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor- 7.
ABSENT: None ....... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Theo Arnett,
Pastor, Willtamson Road Church of God.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for furnishing and installing the Carvins Cove concession stand and
pier, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, November 25, 1985, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER BASE BID ADDITIVE #1
Acorn Construction, Ltd.
Avis Construction Co., Inc.
Boxley Construction Company
~169,000.00
186,000.00
206,000.00
$25,000.00
24,000.00
23,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
HOUSING: A report of qualification of George A. McLean, Jr., as a
member of the Fair Housing Board to fill the unexpired term of
William O. Lavin, resigned, ending March 31, 1986, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.
84
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted hy the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None O.
HOUSING: A report of qualification of Ronald O. Crawford as
member of the City of Roanoke Redevelopment and Housing Authority for a
term of four years ending August 31, lg89, was before Council.
(See Oath or Affirmation of OfFice on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded hy Mr. Bowers and adopted hy the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- 7.
NAYS: None-- O.
ARCHITECTURAL REVIEW BOARD: A report of qualification of
Kenneth L. Motley as a member of the Architectural Review Board for a
term of four years ending October 1, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification he received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................. 7.
NAYS: None ..................
.0.
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH DEPARTMENT (MENTAL HEALTH): Mr. Daniel E. Karnes, Member,
Mental Health Services of the Roanoke Valley Board of Directors,
appeared before Council and presented a progress report on the services
provided to the citizens of the City of Roanoke by Mental Health
Services of the Roanoke Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the progress report be received and filed
with appreciation. The motion was seconded hy Mr. Harvey and unani-
mously adopted.
OPPORTUNITIES INDUSTRIALIZATION CENTER-FLOODS: Mr. George E.
Franklin, Jr., Executive Director, OIC, appeared before Council and
advised that water from the flood of November 4, 1985, reached the top
of the ceiling under the east stands of Victory Stadium thereby
destroying all OIC equipment. He requested that the City render
assistance in clearing out the area and asked that Council consider
allowing OIC the use of City manpower and heavy equipment for a short
period of time in order to clear the area and dispose of certain
destroyed equipment.
Following discussion of the matter, Mr. Harvey moved that the City
Manager, City Attorney and Director of Finance be requested to report
to Council on the status of OIC leased property under the stands at
Victory Stadium; and that the City Manager be authorized to use City
forces to render flood clean-up assistance at the OIC facility. The
motion was seconded by Mr. Trout and unanimously adopted.
ACTION:
PETITIONS AND COMMUNICATIONS:
RADIO-TELEVISION: A communication from Mr. Robert E. Glenn,
Attorney, representing Roanoke Valley Cablevision, Inc., and the indi-
vidual limited partners of Roanoke Valley Cablevision, a Virginia
limited partnership, requesting approval for transfer of the franchise
rights, ownership, and operating control of the cable television system
in the City to Cox Cable Roanoke, Inc., a subsidiary of Cox Cable
Communications, Inc., was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the
Regional Cable Television Committee for study, report and recommen-
dation to Council. The motion was seconded by Mr. Garland and unani-
mously adopted
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FLOODS: The City Manager submitted a written report providing a
briefing on flood emergency procedures and status of flood damages,
advising that the flood occurred on Monday, November 4, 1985; that
damage survey reports are now being completed by teams of Federal,
State and local inspectors to document the type and extent of the flood
damage and provide the best available description of the scope and
estimated cost of work needed to rectify the damage; that it will be
several weeks before this process will be substantially complete; that
preliminary report of damages sustained by selected City operations is
shown in an attachment described as "Attachment A"; that the report is
by no means a comprehensive listing of all damages and includes no spe-
cific cost figures due to the fact that the damage assessment process
is still not complete; and claims must be filed within 90 days from the
date of the Presidential declaration.
It was explained that flood insurance was carried on selected City
facilities; that in many instances, the level of insurance carried was
the maximum allowable; that damages in excess of insurance coverage
will, hopefully, be reimbursed to a large degree by Federal and State
governments; that Federal reimbursement in the amount of 75% of eli-
gible expenses can be obtained for debris removal and the permanent
repair, restoration or replacement of facilities damaged or destroyed
in the flood; that this assistance is provided for work which the City
has already completed or is expected to complete with its own person-
nel, equipment and supplies or by contract; and the level of State par-
ticipation in the reimbursement of flood damage expenses has not yet
been determined, however, the State will share with the City the
remaining 25% of total expenses to rectify flood damages.
Mr. Herbert advised that a review of the City's financial con-
dition is now being undertaken to ascertain the following:
Impact on operating budgets of emergency services
provided during the flood and immediately
thereafter.
Continuing impact on operating budgets of flood
clean-up activities and minor repair/replacement of
damaged equipment/facilities.
Impact on capital improvement program of having to
repair/replace major facilities or structures in
lieu of those currently approved.
It was noted that it may be necessary for the City to attempt to
front-fund major emergency repairs/replacements prior to receipt of
Federal/State funding, however, the extent to which this may be
necessary has not been determined; and Council will be made aware by
the Administration of these individual situations as they become more
apparent.
85
ACTION:
In concluding, the City Manager advised that due to the exacting
procedures which must be followed by the City in order to receive
Federal and State assistance for flood damages incurred, it will be
several weeks before a preliminary estimate of the financial impact of
the flood on City government can be made available; that Council will
be briefed again during the month of December when more exact infor-
mation is available, and, in the interim, Council will be made aware of
significant changes in status as necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that State-Local Hospitalization is a plan whereby the State
Department of Social Services and the City of Roanoke agree to provide
hospitalization, outpatient and/or emergency room services and out-
patient (ambulatory) service for medically indigent citizens of the
City of Roanoke, with funds being 75% reimbursed to the City; that pro-
vision of these services is accomplished by the execution of State-
Local Hospitalization Plan Agreements betweel, the providing hospitals,
the City of Roanoke and the State Department of Social Services; that
the local health departments, pursuant to Chapter 7, Title 63.1, Code
of Virginia, as amended in 1976, are allowed to bill the State
Department of Social Services for outpatient care provided through
their clinics to medically indigent persons; that the City of Roanoke
has entered into previous agreements to allow the local Health
Department to receive State funds for providing outpatient care to
medically indigent citizens; and Council has annually authorized the
City Manager, or his designee, to execute the agreements.
It was explained that State-Local Hospitalization Plan Agreements
have been executed by the various hospitals wishing to participate in
the program for the year beginning July 1, 1985, and ending June 30,
1986; that agreements need to he executed by the City of Roanoke before
being approved by the State Department of Social Services; that the local
Health Department has requested that the City Manager, or his designee,
sign the State-Local Hospitalization Agreement for outpatient care for
the period beginning July 1, 1985, through June 30, lg86; that rate (s)
a hospital may charge for service (s) are established by the Uniform
Hospital Cost Accounting System based on each individual hospital's
operational cost; and hospitals have agreed to care for persons
admitted, receiving ambulatory surgery, or outpatient services for the
period July 1, 1985, through June 30, 1986, under the State-Local
Hospitalization Agreements at the following all inclusive daily rates:
Ambulatory
~pspitals Inpatient Surgery ~utpatient
Con~nuntty Hospital
of Roanoke Valley
Gi 11 Memori al
Hospital
Lewi s-Gale Hospital
$ 327.43 $ 222.65 $ 15.00
340.51 231.54 15.00
265.44 .. 15.00
University of
Virginia Hospital
410.46 279.11 15.00
It was explained that the local Health Department is allowed to
hill the State Department of Social Services at an all inclusive rate
of $15.00 per visit for outpatient care.
Roanoke Memorial
Hospitals 337.96 229.81 15.00
Medical College of
Virginia 410.46 279.11 15.00
87
The City Manager recommended that he or his designee be authorized
to execute State-Local Hospital Agreements with the participating
hospitals and the local Health Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#27895) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 390.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES:
land
Council members Harvey, Musser, Trout, Bowers and Gar-
.B.
NAYS: None ...... O.
(Council member Bowles and Mayor Taylor abstained from voting inasmuch
as they serve on the Boards of Directors of Community Hospital of
Roanoke Valley and Roanoke Memorial Hospitals, respectively.)
CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee recommending
the purchase of one disk drive from INCON Computer Corporation, in the
total amount of $24,926.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#27896) AN ORDINANCE accepting the bid of INCON Computer
Corporation made to the City for furnishing and delivering a computer
disc drive; rejecting all other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 391.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None. O.
AIRPORT-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending purchase of a
3/4 ton pickup, in the amount of $13,327.71, from Berglund Chevrolet;
and the purchase of a utility body, in the amount of $3,212.49, from
Commercial Body Corporation.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#27897) AN ORDINANCE providing for the purchase of a pickup
truck chassis and utility body for use by the City, upon certain terms
and conditions, by accepting bids made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 392.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The m~tion was
seconded by Mr. Harvey and adopted by the following vote:
88
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor ......................... 6.
NAYS: None ...............................
De
(Council member Bowers abstained from voting inasmuch as he represents
two of the bidders.)
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCEaEQUIPMENT: The Director of Finance
submitted a written report advising that Council approved the recom-
mended expenditure list for the fiscal year lg85-86 Capital Mainten-
ance and Equipment Replacement Program on October 21, 1985; and
$85,000.00 for office automation equipment included the following
equipment for the Department of Finance:
Cost Desc ri pti on:
9,go0.o0
3,000.00
3,218.00
Forms Burster/Checksigning
Equipment
Decollator
Card Sorter
$16,118.00 Total
Mr. Schlanger advised that the forms burster/checksigning equip-
ment presently used is over 15 years old; that a maintenance contract
is not available since replacement parts are no longer produced; that
this equipment is used daily for signing all disbursement warrants
(payroll, accounts payable, etc.); that other departments use this
equipment for separation of computer generated forms; that City offices
have used the school administration's decollator and card sorter which
were located in an office in the old courthouse; that the renovation of
this building has required the permanent transfer of this equipment to
the school administration building; and this equipment is essential to
the day to day administration of his department.
The Director of Finance recommended a transfer appropriation from
the Capital Maintenance and Equipment Replacement Program of $16,118.00
to the following departmental budgets to purchase the related pieces of
equipment:
Department Account Amount
Finance Capital Outlay $12,900.00
(A01123190005)
City Information
Services
Capital Outlay
(A06160190020)
1,71R.O0
City Information
Services
Maintenance Contracts
(A06160120005)
1,500.00
$16,118.00
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27898) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 392.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
89
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................. 7.
NAYS: None .......................................
FINANCIAL REPORTS-BUDGET: The Director of Finance submitted the
financial and operating report for the City of Roanoke for the month of
October, 1985.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. tlarvey moved that the report he received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
REPORTS OF COMMITTEES:
The
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, advised that the Committee
met earlier in the evening and considered a communication from the
U. S. Army Corps of Engineers concerning the Roanoke River Channeliza-
tion Project.
As background information, Mrs. Bowles explained that the Water
Resources Committee on March 6, 1984, considered a request for a letter
of intent with reference to the Roanoke River Flood Control Project and
Council subsequently adopted Resolution No. 26965 on April 9, 1984,
setting forth the City's financial participation; that on November 18,
1985, the Mayor received a letter from the Corps of Engineers
L®reqd~sting~a~n I~'p.dated letter of intent; and the City's local share is
"~)~'~L'ex@ected t(~)6)~ ai~l~roximately $700,000.00 additib~a'l 'f~nds.
On behalf of the Water Resources Committee, Mrs. Bowles recom-
mended tha~ the requested letter of intent be forwarded by the Mayor to
the U. S. Army Corps of Engineers.
ACTION:
Mrs. Bowles then moved that an updated letter of intent be for-
warded to the U. S. Army Corps of Engineers. The motion was seconded
by Mr. Harvey and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
TAXES-FLOODS: Council member James O. Trout referred to a report
from the Director of Finance under date of November 25, 1985, in
reference to addressing the needs of Roanoke citizens insofar as water
and sewer as a result of the November 4, 1985 flood. He said he would
like for Council to consider an area in which the City may be of
assistance to its citizens relative to relief of taxation in cases of
disaster. Mr. Trout then read a portion of Section 58.1-3014 of.the
Code of Virginia, 1950, as amended, in reference to relief from taxa-
tion in cases of disaster, as follows:
"All taxpayers of the Commonwealth whose lands,
improvements thereon, or personal property, or any
portion thereof, shall he in any year destroyed in
any manner by common disaster, if declared such by
the Governor of Virginia may, on application there-
for be relieved from the payment of taxes, and
levies to any county, city or town upon such land,
improvements thereon .... "
ACTION:
Mr. Trout moved that the question of relief of taxation in cases
of disaster, as provided in Section 58.1-3014 of the Code of Virginia,
1950, as amended, he referred to the City Manager, City Attorney~and
Director of Finance for study, report and recommendation to Council.
The motion was seconded hy Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
90
SEWERS AND STORM DRAINS: Mr. Julian D. King, 4023 Hazleridge
Road, N. W., appeared before Council and advised that he resides in the
Preston Park and Oakland Division of the Williamson Road storm drainage
area. He inquired if there will be any change in the bond money for
the Williamson Road Storm Drainage Project and if the project will be
commenced before late spring.
The City Manager advised that he did not have an immediate
response to Mr. King's inquiries; however, he would investigate the
matter and provide a response to Mr. King, along with a copy to the
members of Council.
AIRPORT: Mr. Ho J. Boguniecki, 2327 Portland Avenue, N. W.,
appeared before Council in reference to soundproofing homes in the
vicinity of the airport, advising that none of the houses along
Portland Avenue across from the 581 landing strip was included as a
part of the soundproofing and inquired if there is a particular reason
the homes were not included.
Mr. Kit B. Kiser, Director of Utilities and Operations, explained
rules, regulations and studies applicable to airport soundproofing.
There being no further business, the Mayor declared the meeting
adjourned at 8:35 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
91
REGULAR ~EEKLY SESSION ..... ROANOKE CITY COUNCIL
December 2, 19~5
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Raleigh Court Elementary School Gymnatorium, 2202 Grandin Road, S. W., City of
Roanoke, on Monday, December 2, 1985, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of 'Roanoke (1979), as amended, and pursuant to
Resolution No. 27844, adopted by the Council on October 14, 1985.
PRESENT: Council members Howard E. Musser, David A. Bowers, Eliza-
beth T. Bowles, Robert A. Garland (arrived at 7:35 p.m.), James G. Harvey, II
and Mayor Noel C. Taylor ............ 6.
ABSENT: Council member James O. Trout--
.1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dihling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter L. Wood,
Pastor, New Life Temple.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
CITY MANAGER: A report of qualification of W. Robert Herbert as
City Manager for the City of Roanoke, Virginia, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ........... 5.
NAYS: None ...............
(Council member Garland had not arrived at the meeting.) (Council
member Trout was absent.)
ROANOKE ~EIGHBORHO0O PARTNERSHIP: A report of qualification of
Jan P. Wilkins as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 16, 1988,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ....... 5.
NAYS: None ............ O.
(Council member Garland had not arrived at the meeting.)
member Trout was absent.)
(Council
92
ACTION:
PENDING ITEMS: A list of items pending from July 10, 1978,
through November 25, lg85, was before Council.
(See pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr, Bowers and adopted by the following
vote:
AYES: Council members Musser, Bowers, Bowles, Harvey and Mayor
Taylor ........... .5.
NAYS: None .............. O.
(Council member Garland had not arrived at the meeting.) (Council
member Trout was absent.)
REGULAR AGENDA:
ACTION=
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FLOODS: The City Manager submitted a written report advising that
flooding occurred throughout the Roanoke Valley on November 4, 1985,
resulting in loss of life and extensive property damage; that local
government representatives and officials of the U. S. Army Corps of
Engineers met on November 20 and 21, 1985, to discuss the recent
emergency and the possibility of federal assistance in protecting
against future flood damages; that Roanoke River flood control studies
have already been performed by the Corps of Engineers and a plan deve-
loped for the segment within the City of Roanoke; that Peters Creek
flood control study is being updated by the Corps of Engineers based on
a recent request made by the City; and Craven's Creek flood control
study has been requested of the Corps by the Roanoke County Board of
Supervisors.
The City Manager recommended that Council request the U. S. Army
Corps of Engineers to conduct studies to identify federal projects
and/or programs for flood drainage reduction measures for the following
Roanoke River tributaries in the City of Roanoke:
Tinker Creek
Lick Run
Mud Lick Creek
Murray Run
Ore Branch
Craven's Creek
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#27899) A RESOLUTION requesting the United States Army Corps of
Engineers to conduct studies to determine flood control measures for
Roanoke River tributaries.
(For full text of Resolution, see Resolution Book No. 49, page 393.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Taylor .......... 6.
NAYS: None ...... O.
{Council member Trout was absent.)
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that the Private Rehabilitation Loan Program has been
operated by Roanoke Redevelopment and Housing Authority {RRHA) for the
last four years; that financing for Private Rehabilitation Loans in the
last four years has come from four tax-exempt mortgage revenue bond
issues sold by RRHA to local lending institutions at 9 1/2%, allowing
housing rehabilitation loans to be made at 10%; that bond proceeds will
be secured by the value of the property and a loan loss reserve fund
from Community Development Block Grant (CDBG) funds, equal to 10% of
the total amounts loaned; and past bond programs have loaned approxima-
tely $2,600,000.00 at 10% interest for rehabilitation and purchase/
rehabilitation in Conservation Areas and Rehabilitation Districts,
secured by about $260,000.00 in CDBG funds.
It was explained that agreement on the terms of another mortgage
revenue bond of $600,000.00 has been reached by eight lending institu-
tions that have participated in earlier bond issues; that these terms
are more favorable than in previous years; that the current contract
with the RRHA provides for continuation of the program via issuance of
another bond; and principal terms of the proposed new bond issue are as
follows:
Each of the eight participating institutions will
purchase $75,000.00 of the $600,000.00 tax-exempt
bond issue.
Interest rate paid to investor institutions will be
~ 1/2%, which is one per cent point lower than in
previous bond issues.
Loan Loss Reserve fund of $60,000.00 from CDBG
funds will be established to be drawn on in case of
default by borrowers. Funds for this are budgeted
in CDBG Account No. A35668500520.
It was further explained that principal terms of the proposed loan
program financed by the new bond issue are as follows:
Interest rate charged to borrowers will be 9% over
a 20-year term. Previous programs had made loans
at 10% interest.
Allowable uses of loan funds will be rehabilitation
or purchase/rehabilitation of houses to be owner-
occupied.
Eltgible areas are all Conservation Areas and
Rehabilitation Districts in the City.
Subsidy to lower income borrower is available to
reduce the monthly repayment by 25%, making the
loans more affordable. $100,000.00 has been allo-
cated for this subsidy in CDBG Account No.
A35668500530.
The City Manager recommended that he be authorized to execute a
"Lump Sum Drawdown Agreement" to renew the Private Rehabilitation Loan
Program, the agreement to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
94
ACTION:
ACT[ON:
Mr. Musser offered the following Resolution:
(~27900) A RESOLUTION authorizing the City Manager to submit to
the United States Department of Housing and Urban Development (HUD) a
request to draw down $60,000.00 of the City's Community Development
Block Grant funds in a lump sum; and authorizing the execution of an
agreement committing such funds as a loan loss reserve in connection
with the issuance of $600,000.00 in mortgage revenue bonds by the City
of Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 49, page 394.)
Mr. Musser moved the adoption of the Resolution. The ~tion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Rowles, Garland, Harvey and
Mayor Taylor ................. 6.
NAYS: None- O.
(Council member Trout was absent.)
SPECIAL PERMITS-RAILROAD SIDINGS: The City Manager submitted a
written report advising that Coca-Cola Bottling Company Consolidated,
referred to hereinafter as Coke, has notified the City of its intent to
obtain rail service from Norfolk Southern for delivery of liquid corn
sweetener to its new facility; that the City has worked with Coke on
selection of a location for the siding and on the improvements to
existing facilities which will he necessitated by the selected loca-
tion; that Shenandoah Avenue, N. W., must be crossed by any rail siding
which is located to serve the new Coke plant; that Coke has retained
the local engineering firm of Hayes, Seay, Mattern & Mattern to do
their engineering work and prepare drawings; and Coke has made an offi-
cial request for Council's authorization to locate the proposed siding
across Shenandoah Avenue 286' west of the west side of the Second
Street ~ Shenandoah Avenue intersection.
The City Manager recommended that he he authorized to execute a
renewable permit agreement, for an initial period of five years, per-
mitting Coke to construct, use and maintain a railroad siding across
Shenandoah Avenue, N. W., in the above described location, such
agreement to contain the terms and conditions as set forth in the
report and to be approved as to form hy the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#27901) AN ORDINANCE authorizing the execution of a permit
agreement with Coca-Cola Bottling Co., Consolidated, permitting for a
five-year period a rail siding to cross Shenandoah Avenue, N. W., sub-
ject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 399.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Bowers, Rowles, Garland, Harvey and
Mayor Taylor .... 6.
NAYS: None ..................................................... O.
(Counctl member Trout was absent.)
INSURANCE-CITY EMPLOYEES: The City Manager submitted a written
report advising that specifications for required services were
developed for the purpose of obtaining competitive proposals on the
City's Group Hospitalization and Health Insurance; that required ser-
vices included a request for proposals on a llealth Insurance Plan as it
95
exists today and also the cost of eight options which would identify
areas of possible cost containment or enhancement; that 35 agents/
brokers were sent requests for proposals and specifications on
September 16, 1985; that advertisement of the request for proposals was
published in the Roanoke Times and World-News on September 22, 1985;
that three responses were received, publicly opened and read at
2:00 p.m., on Tuesday, November 5, 19(~5; and the present hospitaliza-
tion and health insurance contract expires on December 31, 1985.
It was explained that medical costs, which are increasing each
year at a rate of 18% to 20%, are a major continuing concern of City
employees participating in the plan; that the Department of Personnel
endorsed the following changes on the objective of maintaining the same
standard of coverage while adopting reasonable and fair cost contain-
ment features to limit premium increases:
Increase coinsurance from 85% to 100% for out-
patient surgery to encourage where possible the use
of ambulatory services.
Include a pre-determination review program for
elective surgery to allow the carrier to monitor
weekend admissions and length of hospital stay.
Limit inpatient psychiatric days to 30 per year as
permitted by State law.
It was further explained that initial evaluations were made by
the Department of Personnel Management and the Department of General
Services on the two proposals that met specifications; that the third
proposal offered administrative services only which would require the
City to assume all risk through a self insured program; that the City
Attorney has advised in accordance with State statute and City of
Roanoke procurement code that negotiations are permissible in the pro-
curement of Health Insurance Services; that the Director of Finance
and the Director of Administration and Public Safety, in compliance
with the City procurement code, negotiated with the first ranked ven-
dor, Blue Cross and Blue Shield of Virginia, on November 20, 1985; and
Section 125 of the Internal Revenue Code establishes regulations
allowing employers to convert employee payroll deductions for health
insurance premiums from an after-tax contribution to a pre-tax basis;
and Roanoke City Schools has recently added the option to their bene-
fits package.
The City Manager submitted the following recommendations:
Counci 1 approve the negot i ated contract for
Hospitalization and Health Care Coverage to Blue
Cross and Blue Shield of Virginia for the period of
two years beginning January 1, 1986, and ending
December 31, 1987, and authorize the City Manager
to execute the same, and with the understanding
that Blue Cross and Blue Shield of Virginia provide
the City Manager with said contract ready for exe-
cution no later than February 1, 1986, if
possible.
Council approve the increased City participation
from $44.00 per contract, per month to $54.00 per
contract, per month beginning January 1, 1986, and
transfer $84,000.00 from the General Fund Contin-
gency for funding the increased premium through
the current fiscal year. The ongoing cost for
funding the program will be addressed as a top
priority during the budget sessions for fiscal year
1986-87.
ACTION:
ACTION:
Council approve the concept of deducting employee
health care premiums on a pre-tax basis to reduce
hoth employee and City tax payments and authorize
the City Manager and Director of Finance to pursue
the possibility and return to Council with a
report.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(/~27902) AN ORDINANCE to amend and reordain certain sections of
the lg85-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 394.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ..... 6.
NAYS: None ........... O.
(Council member Trout was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#27903) AN ORDINANCE authorizing the execution of a contract and
related documents with Blue Cross and Blue Shield of Virginia to pro-
vide group hospitalization and health insurance for employees of the
City and members of their families; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 395.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ............... 6.
NAYS: None ................... O.
(Council member Trout was absent.)
SPECIAL PERMITS-CITY MARKET: The City Manager submitted a written
report advising that Council granted Dominion Bank a permit to decorate
pear trees along Campbell Avenue in October, 1985; that Council granted
Downtown Roanoke, Inc., permission to decorate certain light standards
on November 18, 1985; that Council granted Roanoke Area Market Associa-
tion, Inc., a permit to decorate certain lamp posts lying generally in
the City Market area on November 19, 1984; and Roanoke Area Market
Association, Inc., has requested permission to decorate lamp posts
within the market area again this year and has agreed to the same basic
terms and conditions as last year.
The City Manager recommended that Council approve the appropriate
measure, in a form acceptable to the City Attorney, to allow Roanoke
Area Market Association, Inc., to decorate certain lamp posts lying
generally in the City Market area; advising that the City has been
assured that Roanoke Area Market Association, Inc., and Downtown
Roanoke, Inc., w~ll coordinate their decorations in the market area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
ACTION:
ACTION:
ACTION:
(27904) A RESOLUTION authorizing a revocable permit to Roanoke
Area Market Association, Inc., for the attachment or installation of
certain holiday decorations to certain City light standards and other
facilities in the City Market Area of the City, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 49, page 395.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Rowers, Bowles, Garland, Harvey and
Mayor Taylor .................... 6.
NAYS: None ........ O.
(Council member Trout was absent.)
POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee, recommending that
the bid of Motorola Communications a-d Electronics, Inc., to provide
police radio equipment, for the total amou,~t of $23,730.00, he accep-
ted; and that Council appropriate $23,730.00 From the Capital Mainten-
ance and Equipment Replacement Program to Communications Department
Account No. A01413090020.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27905) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 396.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or .......... 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#27906) AN ORDINANCE providing for the purchase of portable
radios and communications equipment for use by the City, upon certain
terms and conditions, by accepting a bid made to the City for fur-
nishing and delivering such equipment; rejecting other bids made to the
City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 397.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or ................ 6.
NAYS: None .......
(Council member Trout was absent.)
REPORTS OF COMMITTEES:
97
98
ACTION:
SPECIAL PERMITS-BUILDINGS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
of the committee advising that Roanoke United Central Labor Council
purchased property at 1529-31Willtamson Road, N. E., on May 26, 1983,
and no survey was made at that time; that the Labor Council, in the
process of having the building refinanced, had a survey made; that the
survey revealed encroachments of the building into the right of way of
Wayne Street, N. E.; and the encroachments consist of a 3.5 foot by 5.7
foot brick stoop, a small portion of the northerly end of the structure
75.9 feet long and varying from 0.7 feet to 0.4 feet deep, and a
masonry wall 18 feet long projecting 4.0 feet into the street right of
way, as shown on a plat prepared by Buford T. Lumsden and Associates,
dated October 18, 1985.
On behalf of the committee, Mrs. Bowles recommended that Council
grant a revocable street permit to Roanoke United Central Labor
Council; that the form of encroachment permit, including indemnity
clauses, be subject to approval of the City Attorney; that all neces-
sary legal documentation will be prepared by the property owner's
attorney and presented to the City Attorney for his approval; and the
property owners are to keep in full force and effect, during the per-
mitted encroachment period, insurance as follows:
General Public Liability Insurance with limits not
less than, in the case of bodily injury liability
insurance, $500,000.00 for injuries, including
death, to one person in any one occurrence, and
$1,000,000 annual aggregate; and in the case of
property damage insurance, $500,000.00 for damage
in any one occurrence, and $1,000,000 annual aggre-
gate, and including the City of Roanoke, its offi-
cers, its employees and agents as additional
insured.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#27907) AN ORDINANCE permitting certain encroachments over and
into the right-of-way of Wayne Street, N. E., for an existing brick
stoop, a small portion of the building, and a masonry wall on the
northern side of the property bearing Official Tax No. 3070707, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 400.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council member Trout was absent.)
SIGNS-SPECIAL PERMITS-CENTER IN THE SQUARE-AIR RIGHTS-CULTURAL
CENTER: Council member Elizabeth T. Bowles, Chairman of the Water
Resources Committee, presented a written report advising that the
Market Square Garage Building incorporates the atrium and primary
entrance to Center-in-the-Square; that Center-in-the-Square contributed
to the cost of the construction; that banner signs marking their pri-
mary entrance is desired by Center-in-the-Square in accordance with a
co~unication under date of November 20, 1985; that the market histori-
cal district includes the Center-in-the-Square building but not the
Market Square Building; and the sign ordinance allows the subject
signs.
100
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ......... 6.
NAYS: None ..... O.
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
MOTIONS AND MISCELLANEOUS BUSINESS:
INOUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COUNCIL-SEWERS AND STORM DRAINS: Mr. Edmund A. Damus, 1920
Deyerle Road, S. W., appeared before Council in reference to the
culvert under Deyerle Road and expressed appreciation to Council for a
job well done. He also referred to the bridge and suggested that cer-
tain things need to be done to make it possible to absorb the water,
advising that the concrete slab should have been broken and the ditch
lowered so that water will have full velocity into the opening.
There being no further business, the Mayor declared the meeting
adjourned at 7:50 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 16, 1985
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, December 16, 1985, at 2:00 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke '(1979)~ as
amended.
PRESENT: Council members
Robert A. Garland, James G. Harvey,
Taylor .....
James O. Trout, Elizabeth T. Bowles,
II, Howard E. Musser and Mayor Noel C.
6.
ABSENT: Council member David A. Bowers
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Oibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold S. Moyer,
Pastor, Williamson Road Church of the Brethen.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
COUNCIL-SCHOOLS: Ms. Leslie V. Willett, Associate and Instruction/
Supervisor of Fine Arts, Roanoke City Schools, and Mr. Eric (Ricky) Turpin, a
student at Grandin Court Elementary, appeared before Council and presented each
member of Council and Council appointees with student decorated notepads.
Mayor Taylor expressed appreciation on behalf of Council and the staff.
PUBLIC HEARINGS:
ZONING: Pursuant to the request of Council that all public
hearings for the month of December, 1985, be scheduled for the third
Monday at 2:00 p.m., inasmuch as there was no Council meeting on the
second Monday, the regular meeting date for the conduct of public
hearings, the City Clerk having set a public hearing for Monday,
December 16, 1985, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of M. O. and Judy M. Khan that three par-
cels of land located on Wyoming Avenue, known as Lots 2, 3 and 4,
Dawnwood Forest, and designated as Official Tax Nos. 2770321, 2770322
and 2770323, be rezoned from RS-3, Single-Family Residential District,
to RD, Duplex Residential District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 29, 1985, and Friday, December 6, 1985.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Co¢~ission recommending approval of
the request, advising that rezoning to permit duplex dwellings offers a
reasonable and desirable means of providing appropriate housing of low
density, as we]l as encouraging infill residential development of
vacant land.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
I02
ACTION:
ACTION:
(#27910) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 27/, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 415.)
The motion was seconded by Mr. Garland.
Mr. W. Heywood Fralin, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 27910 was adopted on its first reading by
the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........... 6.
NAYS: None ......... O.
(Council member Bowers was absent.)
STREETS AND ALLEYS: Pursuant to the request of Council that all
public hearings for the -~nth of December, 1985, be scheduled for the
third Monday at 2:00 p.m., inasmuch as there was no Council meeting on
the second Monday, the regular meeting date for the conduct of public
hearings, the City Clerk having set a public hearing for Monday,
December 16, 1985, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Advance Stores Company, Inc.,
Nicholas F. Taubman and Grace W. Taubman, that a twenty foot wide alley
running approximately 162 feet in an easterly direction from the inter-
section of 8th Street, S. W., and Kerns Avenue, S. W., to the westerly
right-of-way line of Norfolk and Western Railway Company, be per-
manently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 29, 1985, and Friday, December 6, 1985.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council:
That the applicants agree to submit to the City a
plat of subdivision combining the vacated alley
right-of-way with their existing adjacent property.
That the above-stated public utility easements be
retained.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#27911) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 416.)
The motion was seconded by Mr. Garland.
Mr. John W. F. Haner, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
m
ACTION:
No person wishing to address Council with regard to the request,
Ordinance No. 27911 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Nusser and
Mayor Taylor ..... 6.
NAYS: None .........................
--0o
(Council member Bowers was absent.)
STREETS AND ALLEYS: Pursuant to the request of Council that all
public hearings for the month of December, 1985, be scheduled for the
third Monday at 2:00 p.m., inasmuch as there was no Council meeting on
the second Monday, the regular meeting date for the conduct of public
hearings, the City Clerk having set a public hearing for Monday,
December 16, 1985, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of J. Hunter and Anna B. Roberts that a
portion of an alley in Block 23, Map of Riverview and West End Land
Company Addition, extending from the easterly boundary of Lots 4 and 12
in a westerly direction to its terminus, said alley lying adjacent to
Lots 4, 5, 6, 7 8, 12, 13, 14, 15 and 16, Section 23, Map of Riverview
and West End Land Company Addition, be permanently vacated, discon-
tinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 29, 1985, and Friday, December 6, 1985.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
requested closure be approved, subject to all existing utility ease-
ments being retained, was before Council.
(For full tcxt, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#27912) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of= Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 417.)
The motion was seconded by Mr. Trout.
Mr. Frank K. Saunders, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 27912 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ......................................................... 6.
NAYS: None- O.
(Council member Bowers was absent.)
STREETS AND ALLEYS: Pursuant to the request of Council that all
public hearings for the month of December, 1985, be scheduled for the
third Monday at 2:00 p.m., inasmuch as there was no Council meeting on
the second Monday, the regular meeting date for the conduct of public
hearings, the City Clerk having set a public hearing for M~nday,
December 16, 1985, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke that a portion of
Shenandoah Avenue, N. W., be permanently vacated, discontinued and
closed, the matter was before the body.
103
104
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 29, 1985, and Friday, December 6,--~85.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council:
That the official closure of the Shenandoah Avenue,
N. W., easement be made to become effective subject
to the approval and determination by the City Engi-
neer that the following conditions have been met:
That the land for the new street alignment has been
properly dedicated.
That in the opinion of the City Engineer, the new
street has been properly constructed and is ade-
quate for the conveyance of general traffic.
It was noted that the above recommendation is based on the
following conclusions:
Existing alignment of this section of Shenandoah
Avenue, N. W., is less than desirable for efficient
traffic flow and public safety.
Land within and adjacent to the area requested for
closure belongs to N & W.
If the right of way is constructed as proposed, the
City would have no useful purpose for the old
right-of-way contained within the easement.
The City Manager's application for closure requests
that the closure be made contingent upon the con-
veyance of the land for the replacement street and
the construction of the new street.
The land within the easement could be utilized more
efficiently by the owner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#27913) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 418.)
The motion was seconded by Mr. Harvey.
No person wishing to a~dress Council with regard to the request,
Ordinance No. 27913 was adopted on its first reading by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser and Mayor
Taylor ....... . ........ 5.
NAYS: None ........ O.
(Council member Trout abstained from voting.) (Council member Bowers
was absent.)
ACTION:
RADIO-TELEVISION: Pursuant to the request of Council that all
public hearings for the month of December, 1985, be scheduled for the
third Monday at 2:00 p.m., inasmuch as there was no Council meeting on
the second Monday, the regular meeting date for the conduct of public
hearings, the City Clerk having set a public hearing for Monday,
December 16, 1985, at 2:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Roanoke Valley Cablevision, Inc., for
approval of transfer of the cable television franchise to Cox Cable
Roanoke, Inc., a subsidiary of Cox Cable Communications, Inc., the
matter was before the body.
Legal advertisement of the public I~earing was published in the
morning editions of the Roanoke Times and World-News for ten con-
secutive days, December 6 - 15, 1985.
(See affidavit of publication on file in the City Clerk's Office.)
Mr. Howard E. Musser, Chairman of the Regional Cable Television
Committee, presented a written report advising that at its meeting on
Monday, November 25, 1985, Council referred the transfer request to the
Roanoke Regional Cable Television Committee; that on December 4, 1985,
the Committee met and considered the transfer request, and after
reviewing the proposed transfer, voted unanimously to recommend appro-
val.
Mr. Musser called Council's attention to an ordinance which was
prepared by the City Attorney's Office approving the transfer of con-
ditions, liabilities, covenants and obligations contained in the cable
television franchise from Roanoke Valley Cablevision, Inc., to Cox
Cable Roanoke, Inc., a subsidiary of Cox Cable Communications, Inc.,
upon certain terms and conditions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#27914) AN ORDINANCE amending the City of Roanoke's Franchise
Agreement with Roanoke Valley Cablevision, Inc., to provide for a
transfer of the conditions, liabilities, covenants and obligations
under the Franchise to Cox Cable Roanoke, Inc., a subsidiary of Cox
Cable Communications, Inc.
(For full text of Ordinance, see Ordinance Book No. 49, page 420.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request,
Ordinance No. 27914 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .... 6.
NAYS: None .... O.
(Council member Bowers was absent.)
105
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, October 21, 1985, Monday, October 28, 1985, and Monday,
November 4, 1985, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
106
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ..... 6.
NAYS: None -0.
(Council member Bowers was absent.)
HUMAN RESOURCES: A report of qualification of David H. Sayles and
Acree Hayes as members of the Advisory Board of Human Resources for
terms of four years each ending November 30, 1989, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ........ 6.
NAYS: None .... O.
(Council member Bowers was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY EMPLOYEES: A communication from Mayor Noel C. Taylor pro-
posing that City employees be given December 26, 1985, as an additional
Christmas holiday, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#27915) A RESOLUTION establishing Thursday, December 26, 1985,
as a holiday for certain employees for this calendar year only.
(For full text of Resolution, see Resolution Book No. 49, page 402.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......................................................... 6.
NAYS: None ............
O.
(Council member Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $101,974.00 to the Schools'
Capital Maintenance and Equipment Replacement Fund and $500.00 to
Account No. A354544 for Special Education/Inservice, advising that the
appropriation of $500.00 represents contributions from private indivi-
duals to be used for the purpose of providing materials for the parent
resource center, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
107
A report of the Director of Finance advising that should Council
concur in the School Board's request, a budget Ordinance previously
furnished to the Council will appropriate $101,974.00 in Capital
Maintenance and Equipment Replacement Program Funds and $500.00 in
contributions from private individuals for Special Education; that the
amount of C.M.E.R.P. funds allocated to the School Board on June 30,
1985, was $151,136.00, and the transmitted budget ordinance would
appropriate $101,974.00 of that amount, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27916) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 403.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......................... 6.
NAYS: None ....................
(Council member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BONDS-TREASURER: The City Manager submitted a written report
advising that reelection of Gordon E. Peters as Roanoke City Treasurer
took place on November 5, 1985; that his term of office will commence
on January 1, 1986, and end on December 31, 1989; that bonding for the
City Treasurer is required by the Roanoke City Charter; that the
current bonding amount of $200,000.00 was established by Council pur-
suant to Ordinance No. 25843 on November 23, 1981; that a meeting with
the bonding company was held to discuss the amount of the bond in rela-
tion to the level of risk inherent in the City Treasurer's Office
operations; that the meeting attendees concluded that determination of
the level of risk, and the appropriate bonding amount, was complex
enough that the City's Risk Manager should be asked to research the
situation as one of his first assignments; and the bonding amount for
the City Treasurer must be set by Council when his new term begins on
January 1, 1986, and sufficient time does not exist for the Risk
Manager's analysis by this deadline.
The City Manager recommended that Council set the bonding amount
for the City Treasurer for his new term commencing January 1, 1986, at
the current amount of $200,000.00 pending the outcome of an analysis of
the City Treasurer's Office operations by the City's Risk Manager to
determine the level of risk inherent and the appropriate bonding
amount; that the Risk Manager will report to Council with a recommenda-
tion by the conclusion of fiscal year 1985-86; and The Travelers
Indemnity Company, through the local agency of Davis & Stephenson,
Inc., has agreed to be the surety for the bond.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#27917) A RESOLUTION prescribing the amount of the bond of the
Treasurer of the City of Roanoke and approving the surety thereon.
(For full text of Resolution, see Resolution Book No. 49, page 404.)
108
ACTION:
ACTION:
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ............... 6.
NAYS: None .......................
(Council member Bowers was absent.)
LEGISLATION-LEAGUE OF OLDER AMERICANS, INC.-SENIOR CITIZENS: The
City Manager submitted a written report advising that a communication
from the League of Older Americans was before Council on November 11,
1985, requesting Council to adopt a measure urging the Governor of
Virginia to include in his budget for the 1986-88 biennium the sum of
8.2 million dollars for the Virginia Department for the Aging (for sub-
sequent distribution to area agencies on aging); that the League of
Older Americans is the Fifth Planning District's recognized Area Agency
on Aging; and Council referred the communication to the City Manager
for study, report and recommendation.
It was explained that Roanoke City's elderly population for 1984
was 21,536; that the League of Older Americans (L.O.A.) services the
elderly, especially the vulnerable and frail; that the League is faced
with an impending funding crisis, due to proposed reductions in Federal
spending levels which will affect its ability to maintain the current
levels of services; that based on current federal and state funding
allocations, deficits of $35,795.00 and $155,786.00 are projected for
fiscal years 1986 and 1987, respectively, for the two year period
October 1, 1985, through September 30, 1987; that Roanoke City, through
the Citizens' Services Committee, appropriated $19,500.00 to the League
of Older Americans for fiscal year 1985-86; and Council is requested to
adopt a measure urging the Governor of Virginia to include in his
budget sufficient funds to maintain the service levels of Area Agencies
on Aging.
The City Manager recomn~nded that Council adopt a measure, urging
the Governor of Virginia to include in his budget for the 1986-88 bien-
nium sufficient funds for the Virginia Department for the Aging (for
subsequent distribution Lo Area Agencies on Aging) to maintain current
service levels to the frail and economically disadvantaged older
Virginians.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#27918) A RESOLUTION urging the Governor to provide certain
funding for the Virginia Department for the Aging for the upcoming
biennium.
(For full text of Resolution, see Resolution Book No. 49, page 404.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council member Bowers was absent.)
SEWERS AND STORM DRAINS-WATER DEPARTMENT-FLOODS: The City Manager
submitted a written report advising that the flood of November 4, 1985,
caused considerable damage to the City's public utilities systems; that
considerable work has been initiated since November 5, 1985, to make
emergency repairs to the utility systems; that a report of work ini-
tiated needs to be more precisely expressed and funding needs to be
provided; and all funding must initially be provided by the City with
application for reimbursement to be made by the City for any insurance
covered flood repairs and to the federal and state governments for
flood related repairs not covered by insurance.
It was explained that work has or is in the process of being ini-
tiated in the following areas:
1. .Sewage Plant - Most of the work is for items that individually,
e.g. a motor or a controller repair, would not exceed the $10,000
emergency notification provision but collectively are expected to
exceed the $10,000 limit in the following areas:
Vendor
Virginia Armature
Company
Type of Work
Motor Repairs
Total Estimated
Amount
$ 26,000.00
General Electric
Company
Motor and Motor
Control Repairs
240,000.00
Auto Coach & Engine
Company
Diesel Engine
Repairs
18,000.00
Robertshaw Controls,
Inc. Control Panel
Repairs
$ 226,819.00
Polysonics, Inc.
Meter Repair &
Replacement
24,010.00
BIF Company (Parts
only, Labor to be
added later)
Electronic Meter
Repairs
100,000.00
Varney Electric
Company
Rewiring Circuits
10,900.00
Viking Fence Co.
Replace & Repair
Fencing
10,430.00
Colonial Mechanical
Corporation Motor Repairs
10,000.00
Subtotal for Contract Work at
Sewage Plant $ 666,159.00
Work yet to be Performed and Miscellaneous
Plant Road and Sludge Lagoon Repairs 75,000.00
Clean-up (TAP or Manpower Consortium
likely)
25,000.00
Materials & Supplies, Intercom Repair &
Miscellaneous 200,000.00
®
Overtime and Enterprise Fund Force
Account Work
Total Estimated Sewage Plant
Damages
Sewer Line Repairs:
100,000.00
$1,066,159.00
Vendor
Aaron J. Conner
Contracting Co.
Type of Work
Roanoke River &
Tinker Creek
Interceptor
Repairs
Total Estimated
Amount
$260,000.00
®
Vendor
E. C. Pace Co.
ULS Department
.~pe of Work
Norwich Siphon
Replacement
Assisting on above
plus repairs to
Mudlick Creek
Trunk Line
Total Estimated Sewer Line
.Repairs
Water Department:
Total Estimated
Amount
55,000.00
$ 10,000.00
$325,000.00
Vendor T_~ype of Work
Building Maintenance
Department Repairs at
Crystal Springs
Work to be Performed
Total Estimated
Amount
$ 10,000.00
0
Carvins Cove Fire Road Repairs
Carvins Cove Raw Water Line
and Dam Repair
Sun Valley Swim Club Property
Repair
Total Estimated Water Department
Repairs
Util.ity. Line Services Repairs:
Type of Work
Fence Replacement
Motor Repairs (at Meter Shop)
Parts Inventory & Supply
Replacement
Total Estimated ULS Repairs
Total Currently Estimated Damages
50,000.00
75,000.00
50,000.00
$185,000.00
Total Estimated Amount
$ 8,000.00
3,000.00
2,000.00
13,000.00
$1,589,159.00
It was further explained that funding needs to be provided as
follows:
1. .Sewage Fund:
Appropriate from Previous Years'
Retained Earnings to Account No.
A03511091495 (STP Labor)
Appropriate from Previous Years'
Retained Earnings to Account No.
A03511091496 (Other Force Account
Labor)
Appropriate from Previous Years'
Retained Earnings to Account No.
A03511091497 (Vendor Contracts
and Supplies and Materials)
$ 50,000.00
50,000.00
1,226,159.00
Appropriate from Previous Years'
Retained Earnings to Account No.
A03210760025 (Other Sewer Repairs)
10,000.00
111
Appropriate from Previous Years'
Retained Earnings to Account No.
A03210790001 (Replacement Norwich
Siphon)
$ 55,000.00
Total Sewer Fund
Water Fund:
Appropriate from Previous Years'
Retained Earnings to Account No.
A02211060031 (Building Maint. Dept.)
$1,391,159.00
$ 10,000.00
Appropriate from Previous Years'
Retained Earnings to Account No.
A02213034005 (Maint. Bldg. & Property)
175,000.00
e
Total Water Fund
Internal Service Fund:
$185,000.00
Appropriate from Previous Years'
Retained Earnings to Account No.
A06262534005 (Maint. Bldg. & Property)
$ 11,000.00
Appropriate from Previous Years'
Retained Earnings to Account No.
A06262530015 (Cleaning & Housekeeping)
2,000.00
Total Internal Service Fund
.(For ULS Dept.) $ 13,000.00
Total Utilit~ System Appropriations Requested $1,589,159.00
The City Manager recommended that Council concur in the actions
taken to date and authorize the following:
Funding as above identified.
Submittal of claims for damages for flood damages
covered by insurance.
Submittal of claims for reimbursement from the
appropriate state and federal governments for
grants for flood relief.
Emergency declaration by Council on November 5,
1985, is recognized.
Repairs initiated can proceed.
Reported repairs and emergency contracts are
recognized.
Funding is provided and all efforts wtll be made to
seek reimbursement. Establish an account receiv-
able and deferred revenue account for the amount of
reimbursement of 75% of the previously estimated
amounts in each fund. Also, reduce the following
current appropriations to eliminate the possibility
of a deficit cash flow position in the Sewage
Treatment Fund:
112
ACTION:
ACTION:
Amount of
Account No. Purpose Reduction
A03210320010
Sludge Hauling $ 600,000.00
A03511090101
Construction Con-
tingency (Mudlick
Phase I! Sewer Re-
placement)
150,000.00
A03511091401
STP Flood Relief
(Construction)
250,000.00
A03511092001
Vinton Connection
Faci 1 i ty
30,000.00
$1,030,000.00
Total Expenditure Authorization
Reduction
Mr. Harvey offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27919) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Water, Sewage and Internal Services Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 405.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None ...... O.
(Council member Bowers was absent.)
Mrs. Bowles offered the following Resolution:
(#27920) A RESOLUTION authorizing and ratifying emergency repairs
to the City's Public Utilities System.
(For full text of Resolution, see Resolution Book No. 49, page 407.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser'and
Mayor Tayl or ....... 6.
NAYS: None- O.
(Council member Bowers was absent.)
SEWERS AND STORM DRAINS-FLOODS: The City Manager submitt6d a
written report advising that the flood of November 4, 1985,"damaged
much of the fencing at the Sewage Treatment Plant; that estimates for
fence repairs were requested from three fencing companies; and bids
were received from the following three companies with Vikihg Fence
Company, Inc., submitting the lowest bid:
Powers Fence Company
Walker Fence & Handrail Company
Viking Fence Co., Inc.
$ 19,800.00
10,950.00
10,430.00
The City Manager recommended that Council accept the bid of Viking
Fence Company, in the amount of $10,430.00.
(For full text, see report on file in the City Clerk's Office.)
113
Mr. Trout offered the following Resolution:
(#27921) A RESOLUTION authorizing emergency repair of fencing at
the Water Pollution Control Plant.
(For full text of Resolution, see Resolution Book No. 49, page 407.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ............... 6.
NAYS: None .... O.
(Council member Bowers was absent.)
BUDGET-HOUSING-GRANTS: The City Manager submitted a written
report advising that Council authorized, on May 13, 1985, application
for Section 108 Loan Guarantee funds, in the amount of $922,300.00, for
redevelopment of an extension of the Deanwood Redevelopment Area and
portions of the Shaffer's Crossing Redevelopment area; that the City
Manager received notice that the application was approved on August 8,
1985; that the Acting City Manager received authority to execute the
Section 108 Loan Guarantee note and contract on August 26, 1985; that
HUD granted release of funds during November, 1985; that plans for the
extension of Deanwood and the redevelopment of Shaffer's Crossing
approved in May, 1985, by the Economic Development Commission and
Council called for $697,500.00 of the Section 108 Loan proceedS to be
spent on acquisition and development of a ten acre site in Deanwood,
and the remaining on acquisition of Phase I of the $224,800.00
Shaffer's Crossing project; and both areas are needed to make small
acreage, rail-served sites available for industrial recruitment.
The City Manager recommended that Council appropriate the
$922,300.00 in Section 108 Loan Guarantee Funds as follows:
$69/,500.00 to a grant fund account for Deanwood Extension redevelop-
ment, and $224,800.00 to a grant fund account for Shaffer's Crossing
redevelopment, both accounts to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
ACTION:
(#27922) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 408.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None ........... O.
(Councll member Bowers was absent.)
HOUSING-PLANNING-GRANTS: The City Manager submitted'a written
report advising that Council authorized the City Manager on'August 12,
1985, to execute an agreement with the Roanoke Redevelopment and
Housing Authority for the administration and performance of various
community development activities funded through the Commtinity Develop-
ment Block Grant Program, said agreement having been executed on
August 13, 1985; that Council designated Deanwood and Shaffer's
Crossing as redevelopment areas on August 26, 1985; and the City
applied for and received Section 108 Loan Guarantee funds to finance
this redevelopment.
114
It was explained that the City Manager received authorization to
execute the Section 108 Loan Guarantee note and contract on August 26,
1985, after the fiscal year 1985-86 contract with the RRHA had been
executed; that Section 108 funds had not been appropriated and there-
fore were not included under this original contract; that funds
available for these two projects included under the amendment total
$944,200.00, including $697,500.00 in Section 108 Loan proceeds for the
Deanwood Extension, and $224,800.00 in 108 Loan proceeds and $21,900.00
in CDBG funds for Shaffer's Crossing; and this last amount, $21,900.00,
although part of the total original CDBG program, was excluded from the
fiscal year 1985-86 contract pending ful! approval of the Shaffer's
Crossing Redevelopment Area.
The City Manager recommended that he be authorized to execute
Amendment No. 1 to the Roanoke Redevelopment and Housing Authority's
fiscal year 1985-86 contract for services to include under Deanwood
Redevelopment an additional $697,500.00 in Section 108 Loan Guarantee
funds, and a new paragraph for Shaffer's Crossing Redevelopment for
which $246,700.00 in funds are available.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#27923) AN ORDINANCE authorizing the execution of an Amendment
to the current Contract for Services with the City of Roanoke
Redevelopment and Housing Authority to include funding for the develop-
ment of the Shaffer's Crossing Redevelopment Area and the expanded
Deanwood Redevelopment Area, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 409.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......... 6.
NAYS: None .... O.
(Council member Bowers was absent.)
SALE/PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager
submitted a written report advising that the City Manager," 'in"July
1984, asked the staff to investigate the possibility of the City
acquiring property bearing Official Tax No. 2014008, located on the
southwest corner of Shenandoah Avenue and 5th Street, N. W., in order
to improve the radius on the street corner and improve the aesthetics
of that area; that independent appraisal, dated November 6, 1985,'pre-
pared by McCray Appraisal Service at the City and property owners'
request, established a fair market value for the property of
$35,000.00; that property owners, Mr. and Mrs. L. E. Kingery~'had an
asking price, in February 1985, of $36,950.00; that the owner~'were
asked if they would donate the property to the City in order to'realize
certain federal tax credits; and the City Administration also desires
to improve the radii on the northeast and southeast corners of'the
intersection, both of which properties are part of the Wometco proper-
ties.
It was further explained that the Traffic Engineering section
estimates that the construction of improvements to each of the three
quadrants of the intersection will cost $5,000.00 for the southwest
corner, $4,000.00 for the southeast corner, and $6,000.00'fof'the
northeast corner, for a total of $15,000.00; that cost of demolition
for the structure on the southwest corner is estimated to be $4,375~00;
and funding for this purpose, the payment of the settlement cost
($10,450.00) and one half ($475.00) of the cost of the appraisal is
available in Account No. A08210194065.
115
Ihe City Manager advised that Lonza E. & Carol K. Kingery, owners
of Official Tax No. 2014008, have agreed to sell their interest in the
property to the City upon payment of $10,450.00 which represents the
amount of an outstanding lien against the property to be satisfied at
settlement; that the total fair market value was established by an
independent real estate appraiser, McCray Appraisal Service, to be
$35,000.00; that the Kingery's intend to apply the remainder of the
fair market value, $24,550.00 as a donation for federal tax purposes;
that two 50 foot radii needed from Wometco, one on the northeast corner
and one on the southeast corner, should be included on the final sub-
division plat of the Wometco property before it is recorded; that it is
recommended that the City's Project Manager be directed to discuss the
donation of these two small areas with Wometco's management in an
effort to secure their donation; and initial informal contact with
Wometco by the Engineering staff indicates they would be willing to
donate the radii when necessary.
The City Manager recommended that Council authorize the appro-
priate City officials to acquire the properties at the intersection of
Shenandoah Avenue and 5th Street, N. W.; and transfer $15,300.68 from
Account No. A08210194065 to a new account to be established by the
Director of Finance for Fifth Street and Shenandoah Avenue widening.
(For full text, see report c~n ftle in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27924) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 409.)
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .............. 6.
NAYS: None ..... O.
(Council member Bowers was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#27925) AN ORDINANCE providing for the City's acquisition of
property located on the southwest corner of the intersection of
Shenandoah Avenue and Fifth Street, N. W., bearing Official Tax No.
2014008, in the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 410.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .... 6.
NAYS: None. O.
(Council member Bowers was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report advising that the Virginia General Assembly enacted
legislation effective July 1, 1986, which requires all police vehicles
to display either all blue or a combination of red and blue emergency
lights by 1990; that Roanoke Poltce have elected to change to all blue
emergency lights with the concurrence of the City Administration; that
the Capital Maintenance and Equipment Replacement Fund approved by
Council authorized expenditure of $30,500.00 for police radios; that
$23,730.00 was expended, leaving a balance of $6,770.00; that no funds
116
ACTION:
were budgeted for a change of police emergency light lens since legis-
lation was pas§ed after formulation of the Capital Maintenance and
Equipment Replacement Program; and Council appropriations are requested
to allow for procurement of a single purchase of under $10,000.00.
The City Manager recommended that Council appropriate $5,850.00 to
Police Department Account No. A01311330035 from the unexpended balance
of funds designated for police radios from the Capital Maintenance and
Equipment Replacement Account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27926) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 411.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... -6.
NAYS: None ............ O.
(Council member Bowers was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Governors
Employment & Training Department administers the Job Training Partner-
ship Act in the Con~nonwealth of Virginia; that the Fifth District
Employment & Training Consortium is one of the 14 Service Delivery
Areas that provides services under this program to localities; that
performance standards have been developed by the Governors Employment &
Training Department to measure program effectiveness and efficiency of
the 14 Service Delivery Areas; and the City of Roanoke is the grant
recipient for Consortium funding and Council must appropriate the funds
for all grants the Consortium receives.
It was explained that all of the performance standards were met or
exceeded by the Consortium; that the Consortium has been selected to
receive a financial incentive award; that this is an acknowledgement by
the Co~nonwealth of the Consortium's performance for the period of
July 1, 1984, to June 30, 1985; and Notice of Award #86-153-03, in the
amount of $86,124.00, has been received.
The City Manager recommended that Council appropriate $86,124.00
to the Consortium Fiscal Year 1986 expenditure accounts and increase
the fiscal year 1986 revenue estimate by $86,124.00:
Appropriate $12,919.00 to the Administrative Cost
Pool (A34-8660-999-99) and increase the revenue
estimate $12,919.00 (R34-8601-60).
Appropriate $73,205.00 to the Title II-A Program
(A34-8661-ggg-gg) and increase the revenue estimate
$73,205.00 (R340-8601-61).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27927) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Fifth District Consortium Fund Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 411.)
ACT[ON:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None ..................................................... O.
(Council member Bowers was absent.)
PAY PLAN-CITY EMPLOYEES: The City Manager submitted a written
report advising that Cresap, McCormick and Paget reviewed the City
Classification and Pay Plan and made the final report and recommenda-
tions to Council on Monday, April 15, 1985; that Council adopted a new
Classification and Pay Plan with the fiscal year 1985-86 budget; that a
Classification Review Advisory Committee was established by the City
Manager to provide employees an opportunity to appeal job classifica-
tions; that pay inequities were created by awarding longevity step pay
increases during fiscal year 1985-86 to employees reaching their fif-
teenth year of service with the City and Council was notified of
possible pay inequities on June 27, 1985; and implementation of the
classification and pay plan, including any changes to the recommenda-
tions of Cresap, McCormick and Paget occurred on July 1, 1985.
It was explained that pay adjustments to correct inequities
created from the fiscal year 1985-86 longevity increases should be made
retroactively to 129 employees effective on the appropriate date the
inequity occurs; and cost for the pay adjustments is $35,678.00.
The City Manager recommended that Council concur in the pay
adjustments to correct longevity inequities; and funding adjustments to
cover the cost of the pay inequities will be included in the January,
1986, Quarterly Lapse Fund report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Trout and adopted.
CITY CODE-TAXES-LEGISLATION: The City Manager submitted a written
report advising that damages to real property were experienced by many
Roanoke citizens as a result of the flood on November 4, 1985, leaving
a substantial number of homes and businesses unfit for use, enjoyment
or occupancy pending repairs; and a report on property tax relief
allowable to flood victims was requested by Council at its meeting on
Monday, November 25, 1985.
It was explained that owners of flood damaged real property are
beginning to file for property tax relief with the Commissioner of
Revenue; that City Code provisions regarding real property tax relief
are outlined in Section 32-23, Abatement of taxes on buildin9 razed,
destroyed or damaged; that the City Code basically provides for the
abatement of current taxes on any building which is razed, destroyed or
damaged by a fortuitous happening beyond the control of the owner sub-
ject to certain provisions; that Code of Virginia provisions regarding
property tax relief are outlined in Section 58.1 - 3014, Relief from
taxes in case of common disaster; and the State Code basically provides
that localities may grant tax relief on any portion of real property
destroyed in any manner by common disaster, if declared by the
Governor, subject to certain provisions.
The City Manager recommended that Council adopt the appropriate
measure thereby allowing real property tax relief to owners of real
property damaged or destroyed during a common disaster as declared by
the Governor; and Council will be advised at a later date of the actual
budgetary impact of this action.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
117
118
ACTION:
ACTION:
ACTION:
(#27928) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new §32-23.1, Abatement of real pro-
perty taxes when losses are caused by common disaster, to provide that
persons whose land or improvements thereon are destroyed by common
disaster ~y apply for tax relief; establishing the procedure for such
application; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 412.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ................ 6.
NAYS: None .......................
-0.
(Council member Bowers was absent.)
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report
transmitting copy of the proposed Legislative Program for the City for
1986 which was prepared with the assistance of comments and suggestions
from members of Council, Council-appointed officers and directors and
includes legislative positions endorsed by the School Board.
Mr. Dibling said adoption of the Legislative Program is not
necessary until December 23, 1985, and the Program is being presented
to Council at this time so that Council will ~ve ample time for review
and consideration; that Council will want ~o establish a date to
discuss the approved Legislative Program with the City's legislators as
soon as possible, and it has been the past custom of Council to invite
the School Board and Superintendent to attend this meeting.
(For full text, see report and proposed 1986 Legislative Program on
file in the City Clerk's Office.)
Mr. Trout moved that the 1986 Legislative Program be taken under
advisement and that Council tentatively schedule a meeting with the
City's legislators and School Board on Monday, January 6, 1986, at
3:30 p.m., in the Council's Conference Room. The motion was seconded
by Mr. Harvey and adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-BONDS: The Director of Finance presented a
written report transmitting detailed information on bond ratings,
advising that since the last sale of bonds by the City of Roanoke,
several Council members have asked questions about the difference of a
Triple A rating and the City's current Double A rating, and in order to
answer the questions, he is of the opinion that a general profile of
the approximate 14 cities, 13 counties, and 9 states that currently
hold a Triple A rating would be helpful.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted.
AUDITS: The Director of Finance presented each member of Council
with a copy of the Comprehensive Annual Financial Report for the year
ended June 30, 1985.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland expressed interest in the net bonded debt per capita
figure, which means that every citizen in the City of Roanoke owes
$455.72 each, and requested that the Director of Finance calculate what
each citizen owes insofar as the U. S. Government debt, and compare
that figure with the City of Roanoke.
119
REPORTS OF COMMITTEES:
MUNICIPAL AUDITOR: Council member Howard E. Musser, Acting
Chairman of the Audit Committee, presented minutes of a meeting of the
Committee held on December 2, 1985, advising that the Com~nittee
reviewed, received and filed June 30, 1985, Audit Reports from the
Municipal Auditor on the Roanoke City Public School Activity Funds and
City of Roanoke Employee Compensation Internal Controls. He further
advised that the Committee reviewed, received and filed the following
June 30, 1985, Audit Reports from Peat, Marwick, Mitchell & Company:
Accountant's Report for the Employees' Retirement
System
Evaluation of the Municipal Audit Department
PMM and Municipal Auditor Coordinated Audit Plan
Single Audit Report for Federal Grants
Opinion on the APA Transmittal Forms
Management Letter and comments from the City Mana-
ger and the Director of Finance
It was noted that the Committee received additional information
regarding several Management Letter recommendations; that PMM and the
CIS Manager will jointly quantify the cost and risk associated with the
program turnover procedure alternates and the most cost beneficial
alternate will be implemented.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that the minutes be received and filed.
motion was seconded by Mr. Harvey and adopted.
The
AIRPORT: A report of the Airport Advisory Commission concurring
in a staff report recommending transfer of ownership of Bedford Flying
Service, Inc., operating as Executive Air to Eugene N. Suggs and Carole
Suggs, was before Council.
It was advised in a staff report that Bedford Flying Service,
Inc., operating as Executive Air, Inc., and owned by Alfred P.
DiGiacinto, is a fixed base operator at Roanoke Regional Airport pro-
viding aircraft sales, flight training, charter and air taxi services,
and single engineer aircraft maintenance; that Mr. Gary Shipman, a
former partner with Mr. DiGiacinto relinquished all his ownership,
effective February 1, 1985; that Executive Air leases from the City two
airport buildings; viz: 18-A, an office space of approximately 375 sq.
ft. and Hangar No. 18 with 5,000 sq. ft.; that aircraft and automobile
parking area of approximately 7,200 sq. ft. is provided without charge;
that a contract for purchase of Executive Air stock has been signed by
Eugene N. Suggs and Carole Suggs pending approval by the City of their
application to do business as an Airport Fixed Base Operator and Mr.
Suggs is registered as President of Executive Air, Inc.
It was noted that Executive Air is operating under a three year
lease agreement with the City that was effective December 1, 1984, and.
continuing through November 30, 1987.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#27929) AN ORDINANCE approving the transfer of ownership of
Bedford Flying Service, Inc., operating as Executive Air, as a fixed
base operator at Roanoke Regional Airport, Woodrum Fi eld; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 413.)
120
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......................... 6.
NAYS: None ...............................
(Council member Bowers was absent.)
CIVIC CENTER: A report of the Roanoke Civic Center Commission
with reference to computerized ticketing service for the Roanoke Civic
Center, was before Council.
It was explained that Civic Center ticket sales were operated
under the "hard ticket" method from March, 1971 to June, 1983; that the
"hard ticket" method of sales requires the printing of a ticket for
each reserved seat or printing full seating capacity for all general
admission events; that the City solicited bids in 1982 for a com-
puterized ticketing service from the major computer ticketing firms
throughout the country; that Ticketron was the only response to the
City's bid request in 1982; that the City and Ticketron entered into an
agreement on January 1, 1983, for a three-year term with no provision
for an extension; and public acceptance and support of the computerized
ticketing system has been overwhelmingly successful during the past
three years.
It was advised that the Civic Center Commission is authorized to
"determine and establish matters of policy with reference to ticket
sales;" that the current contract with Ticketron expires on January 1,
1986; that the City solicited bids in October, 1986, for a computerized
ticketing system pursuant to the Procurement chapter of the Roanoke
City Code and also solicited bids from four firms; that bids were
received from Ticketron and Globe Information Systems; that the bid of
Globe Information Systems does not meet bid specifications due to the
City having to purchase or lease equipment; that the Civic Center
Commission voted on December 6, 1985, to accept the bid proposal of
Ticketron for a period of five years; and the approval of Council is
required for authority to enter into the proposed computerized
ticketing contract.
The Roanoke Civic Center Commission recommended that Council
authorize the City Manager to execute an agreement with Ticketron, a
division of Control Data Corporation, to provide computerized ticketing
service for the Roanoke Civic Center, said agreement to be in a form
acceptable to the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#27930) AN ORDINANCE accepting a bid for provision of com-
puterized ticketing services for the Roanoke Civic Center, upon certain
terms and conditions; authorizing the appropriate City officials to
enter into a contract for such services; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 413.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None O.
(Council member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
121
m
ACTION:
SPECIAL PERMITS-RAILROAD SIDINGS: Ordinance No. 27901, authoriz-
ing the execution of a permit agreement with Coca-Cola Bottling Co.,
Consolidated, permitting for a five-year period a rail siding to cross
Shenandoah Avenue, N. W., subject to certain terms and conditions,
having previously been before the Council for its first reading on
Monday, December 2, 1985, read and adopted on its first reading and
laid over, was again before the body, Mr. Musser offering the following
for its second reading and final adoption:
(#27901) AN ORDINANCE authorizing the execution of a permit
agreement with Coca-Cola Bottling Co., Consolidated, permitting for a
five-year period a rail siding to cross Shenandoah Avenue, N. W., sub-
ject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 400.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .... .6.
NAYS: None .........
(Council member Bowers was absent.)
SPECIAL PERMITS-BUILDINGS: Ordinance No. 27907, permitting cer-
tain encroachments over and into the right-of-way of Wayne Street,
N. E., for an existing brick stoop, a small portion of the building,
and a masonry wall on the northern side of the property bearing
Official Tax No. 307070/, pursuant to the request of Roanoke United
Central Labor Council, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
December 2, 1985, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
ACTION:
.~. (#.27907), AN qRDINANCE permittin9 certain encroachments over and
· .l,_ ~into tb~ rightk~t:-v~a~?, of Wayne Street, N. E., fo~. an e~isting b~r.i~ck
"~toop, a small port,on of the build, rig, and a masonry wail o6 the
northern side of the property bearing Official Tax No. 3070707, upon
% certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 401.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ................ 6.
NAYS: None ........ O.
(Council member Bowers was absent.)
ACTS OF ACKNOWLEDGEMENT-FLOODS: Mr. Harvey offered the following
Resolution expressing the appreciation of City Council to those persons
and entities who provided assistance to the City and its officers and
employees in their efforts to deal with the recent flood emergency:
(#27931) A RESOLUTION expressing the appreciation of City Council
to those persons and entities who provided assistance to the City and
its officers and employees in their efforts to deal with the recent
flood emergency.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 414.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
122
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ................................ _ .... 6.
NAYS: None .......
(Council member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SEWERS AND STORM DRAINS: Mr. Trout referred to the Garden City
sanitary sewer replacement project, which was previously approved by
Council on May 28, 1985, advising that work had commenced by the
contractor, Aaron J. Conner; that pavement was disturbed, however, ilo
further work took place thereafter. He stated that residents of the
area are concerned about the status of the project.
Mr. William F. Clark, Director of Public Works, advised that the
City communicated with Mr. Charles W. Hancock, President of the neigh-
borhood civic organization, in an effort to clarify the City's action.
He said the contractor was asked to defer work because of emergencies
on the Roanoke River Interceptor as a result of the November flood,
which action occurred after the contractor had made pavement cuts but
had not started excavation on Garden City Boulevard. Mr. Clark advised
that he would be pleased to talk with concerned residents at the end of
the Council meeting or attend a meeting in the neighborhood to explain
the matter. He emphasized that the project has not been deferred and
within approximately two weeks the contractor will commence work.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 4:10 p.m.
ATTEST:
City Clerk
APPROVED
123
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 23, 1985
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, December 23, 1985, at 2:00 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979) as
amended. ,
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ........ -7.
ABSENT: None ....... _ .....O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. James D. Grisso, Deputy Director of Finance;
and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Nicholas G.
Bacalis, Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for an Executive Session to discuss a personnel matter; and a
legal matter.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, November 5, 1985, the regular meeting held on Monday,
November 11, 1985, the special meeting held on Monday, November 18,
1985, and the regular meeting held on Monday, November 18, 1985, were
before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... --7.
NAYS: None ........ -0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950) as amended, was before the
body. '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None .....
DIRECTOR OF FINANCE-TAXES: A report of the Director of Finance
with regard to sales tax information and comparisons, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................. 7.
NAYS: None .... O.
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
transmitting the November, 1985 Statement of 1985-86 Revenue Receipts
for the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- 7.
NAYS: None .........
-0.
COUNCIL: An oral request of the City Manager to convene in
Executive Session to discuss a legal matter, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter, pur-
suant to Section 2.1-344 (al (6), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ......
Oe
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INdUSTRIES-ANNUAL REPORTS: Mr. Jack C. Smith, Executive Vice
President, Industrial Development Authority, appeared before Council
and presented an oral report on the activities of the Industrial
Development Authority.
Mr. Smith advised that the number of resolutions closed during the
year total fourteen, for approximately $41 million; that approximately
964 new jobs were created; that there is an increase of $17 million in
the annual payroll; that additional local taxes will total $511,000.00;
that new jobs created will pay $692,000.00 in local taxes; and the
Authority estimates that it spent approximately 166 people hours on
these transactions. He said individuals involved in the new ventures
have advised that they will spend annually in the Roanoke Valley for
goods and services approximately $42 million.
ACT[ ON:
ACT! ON:
125
Mr. Smith noted that there are two projects which are not included
in Council's report; viz: a $5.5 million project for Our Lady of the
Valley, Inc., which will be a new retirement home on the grounds of St.
Andrews Catholic Church, and a $7 million venture between Community
Hospital and Roanoke Memorial Hospitals.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
BUDGET-EMERGENCY SERVICES: Mr. Kenneth C. King, Jr., Chairman,
Emergency Medical Services Committee, appeared before Council and pre-
sented a year-end written report of the committee.
On behalf of the Emergency Medical Services Committee, Mr. King
recommended the following:
That the current program continue as a supplemental
system to the volunteer rescue system in the City
of Roanoke.
That the Committee will report results of its ana-
lytical findings of data collected, with recom-
mendations for continuation or modification of the
design elements of the system.
That the Administration undertake and complete a
personnel and fiscal study and report of the per-
manent employment of a paid emergency medical per-
sonnel staff in categories other than "extra help".
That the results of such employment study be
returned to City Council and the Committee.
That the Committee complete its correlation of
data, analyze its results and issue a report of its
findings concerning the design elements of the
system.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds for the continuation of the Emergency Medical Services
Personnel Program through June 30, 1986:
(#27932) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 421.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... ~ .......... 7.
NAYS: None ...... -0.
PETITIONS AND COMMUNICATIONS:
ELECTIONS: Mr. Alton B. Prillaman, Secretary, Roanoke City
Electoral Board, appeared before Council and presented a communication
advising that due to recent flood damage, the Transportation Museum
Center will not be usable as a polling place for the Wasena precinct;
and Section 24.1-36 of the Code of Virginia states that polling places
shall be located in public buildings whenever practicable, however, no
public buildings are available in the precinct. He stated that the
Electoral Board recommends that the polling place be relocated in the
gymnasium of Ghent Grace Brethren Church, 1511 Maiden Lane, S. W., a
suitable location within the 300 yard limit of Wasena precinct boundary
as provided by the above set forth section of the Code of Virginia.
126
ACTION:
ACTION:
ACTION:
Mr. Prillaman explained that Section 24.1-39 of the Code of
Virginia requires that notice of a proposed relocation of polling place
be published in a newspaper of general circulation once a week for two
consecutive weeks and no su~h-chang6s can be made within 60 days next
preceding any general election; that the City will have an election on
May 6, 1986, and since this change requires the approval of the
Attorney General, it is requested that the matter be placed on the
January 13, 1986, agenda for public hearing and action by Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the matter be referred to the City Attorney
for preparation of the necessary legal documents and that a public
hearing be held on Monday, January 13, 1986. The motion was seconded
by Mr. Harvey and unanimously adopted.
ELECTIONS: Mr. Alton B. Prillaman, Secretary, Roanoke City
Electoral Board, appeared before Council and requested an increase in
compensation for the Officers of Election who serve the City of Roanoke
during each election, advising that the present rate is:
Chief Officer - $90.00 plus $5.00 for training class
Other Officers - $55.00 plus $5.00 for training class
Mr. Prillaman advised that the Electoral Board requests considera-
tion of the following increase, to be effective July 1, 1986:
Chief Officer - $95.00 plus $15.00 for training class
Other Officers - $60.00 plus $15.00 for training class
It was advised that the total increase is approximately $3,200.00
for each election to compensate 33 Chief Officers and approximately 180
Officers of Election.
(For full text, see communication on file in the City Clerk's Office.)
Following discussion of the request, Mr. Garland moved that the
matter be referred to the City Manager for study, report and recommen-
dation to Council. The motion was seconded by Mr. Trout and unani-
mously adopted.
HOUSING: A co~unication from Mr. Alton L. Knighton, Jr.,
Attorney, with regard to bond financing for Caru Realty Company and
Caru East Apartments, advising that on June 4, 1985, Council approved
both of these financings; that Federal law requires, however, that a
new approval be obtained prior to the issuance of bonds if the old
approval is more than one year old; therefore, he is requesting that
Council reapprove the financings, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Knighton orally advised that the Roanoke Redevelopment and
Housing Authority approved both items at their meeting on Monday,
December 23, 1985.
Mr. Trout offered the following Resolution:
(#27933) A RESOLUTION approving the plan of' financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of Caru
Realty Company to the extent required by Section 103(k) of the Internal
Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 422.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None-. O.
127
Mr. Trout offered the following Resolution:
(#27934) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of Caru
East Apartments to the extent required by Section 103(k) of the
Internal Revenue Code of 1954, as amended.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 423.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ......
HOUSING: A communication from Mr. Alton L. Knighton, Jr.,
Attorney, representing the City of Roanoke Redevelopm~nt and Housing
Authority (RRHA), transmitting a measure on behalf of the RRHA,
relating to a report which would be published in order to satisfy the
requirements of Section 103(j)(5) of the Internal Revenue Code,
advising that unless such a report is published on or before
December 31, 1985, the Authority will not be able to issue tax-exempt
mortgage subsidy bonds during 1986, was before the body.
It was explained that the Authority has issued such bonds in 1981,
1982, 1983 and 1984 and is preparing to issue new bonds this month;
that proceeds from the sale of these bonds have been used to make ten
per cent mortgage loans in conservation areas, redevelopment areas and
rehabilitation districts in the City; that the Authority believes this
program has been highly successful and has accomplished the dual goals
of upgrading the City's housing stock and assisting lower income fami-
lies in securing housing; that the Authority therefore wishes to be in
a position to continue this program in 1986; and taking the action pro-
posed would in no way obligate the City or the Authority to a 1986 bond
issue, it would simply maintain the Authority's opportunity to do so.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#27935) A RESOLUTION authorizing the publishing of a report
required by Section 103A(j)(5) of the Internal Revenue Code of 1954, as
amended.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 424.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the followin9 vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... .7.
NAYS: None .......... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PARKING GARAGE-BUSES: The City Manager submitted a written report
concurring in a report of the Selection Committee recommending that
GRTC select ATE Management and Service Company and its subsidiaries for
the continued management and operation of the Market Square and
Williamson Road Parking Garages.
128
ACTION:
It was explained in the report of the Selection Committee that the
services to be performed by ATE and its subsidiaries are identical to
the services approved in the current contract which began March 23,
1983, except for increased emphasis en management and operations of
GRTC real estate in place and under construction; that the term is for
three years beginning March 23, 1986, and renewable thereafter at the
mutual satisfaction of the parties; and payment is as follows:
Current Fee: March 23, 1985 to March 22, 1986
Proposed Fee: March 23, 1986 to June 30, 1986 -
$12,847/mo.
$12,847/mo.
July 1, 1986 to June 30, 1987,
+5% - $13,489/mo.
July 1, 1987 to March 1, 1989
+5~ - $14,164/mo.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(~27936) AN ORDINANCE authorizing the execution of a contract
with Greater Roanoke Transit Company to provide certain management ser-
vices for the Market Square and Williamson Road Parking Garages; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 425.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None .........
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that contract for renovations to Crystal Spring,
Jackson, Thrasher, Raleigh Court and Preston Parks was awarded to
Boxley Construction Co., Inc., of Roanoke on June 24, 1985, in the
amount of $387,840.00; that the contract amount to date, including pre-
vious Change Orders is $412,289.44, and completion date is January 12,
1986; that the contractor was preparing subgrade for the proposed
basketball court at Raleigh Court Park and encountered unstable
material (topsoil) incapable of being compacted to comply with required
minimum density percentages; that the Office of City Engineer was
immediately notified, in accordance with contract documents, to inspect
site conditions and direct the contractor as to corrective action; that
an independent soils engineer was contacted to inspect subgrade
material; that the soils engineer determined that the subgrade material
was unsatisfactory, and recommended the complete removal of unstable
material and backfill with suitable stabilization material' and in~ne-
diate action was taken. '
The City Manager recommended that Council take the following
action:
Appropriate $7,000.00 from the Public Improvement
Bonds - Series 1982 - Parks, Account No.
A0831017204 to the Renovations to Various Parks
Account No. A08170192100. '
Authorize the City Manager to issue Change Order
No. ? to the Contract with Boxley Construction Co.,
Inc., in the amount of $7,033.00 and no additional
time. Total contract amount upon approval of
Change Order No. 7 will be $419,322.44.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey of Yered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
129
(#2793?) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 425.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None ..................
Mr. Harvey offered the following emergency Ordinance:
(#27938) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 7 to the City's contract with Boxley Construction Co.,
Inc., for renovations to Crystal Spring, Jackson, Raleigh Court,
Thrasher and Preston Parks; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 426.)
ACT[ON: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............. 7.
NAYS: None ............................
BUDGET-SALE/PURCHASE OF PROPERTY-FLOODS: The City Manager sub-
mitted a written report in connection with a disaster aid facility
lease agreement, advisin9 that a flood occurred in the City of Roanoke
and surrounding jurisdictions on Monday, November 4, 1985; that a
Disaster Aid Center needed Lo be established and centrally located
that had 9ood public access, with adequate parking, area for admi-
nistrative room as well as private interviewing areas, handicapped
accessibility, and public restroom facilities; and the Center would be
for the City of Roanoke as well as other surroundin9 localities within
tile vicinity of the required Federal Emergency Management Agency field
office operations.
It was explained that the old Sears Building in the 1500 block of
Williamson Road was offered for use by the current owner, Faison
Associates, located in Charlotte, North Carolina; that the building had
been reviewed by both Federal and local officials and determined to be
an excellent facility from which to operate a Disaster Aid Center;
that Faison Associates, and Mr. Henry Faison specifically, made the
building immediately available to the City with no rental charges for
use of the floor space to be levied for its use through January 31,
1986 (occupancy of the building by FEMA, as well as other Federal and
State officials, was effective as of 9:00 a.m., on Monday, November 11,
1985).
Mr. Herbert advised that the agreement for net lease must be pro-
cessed between Faison Associates and the City of Roanoke in order to
provide for use of the building, and contains the following basic con-
cepts:
No rental charge for use of the floor space in the
building through January 31, 1986;
City will provide all necessary insurance to have
adequate property and liability coverages during
times of occupancy;
City will provide all utility costs associated with
starting up and keeping the building functional and
operational during occupancy;
City will restore the building to at least the
building's original condition before occupancy once
occupancy is completed;
130
ACTION:
ACTION:
City will be responsible for paying real estate
taxes on the building during the time of its use
from November 11, 1985, to January 31, 1986. These
taxes have been estimated to cost approximately
$5,425.00 and payment of these will be considered a
one-time fee for use of the building.
it was noted that FEMA has funds available for Federal reimbur-
sement of at least those expenses associated with the field office set
up on the second floor of the building; that terms, conditions and
amounts of these reimbursements are still being negotiated at this
time; that cost to the City to heat, cool, provide other utility ser-
vices, and pay taxes on the building for the time period of
November 11, 1985, through January 31, 1986, is not expected to exceed
$20,000.00, and federal reimbursements are available to the City which
should hold the start-up and operational costs to the City to a mini-
mum.
The City Manager recommended that Council concur in the terms and
conditions of the Lease Agreement with Hersch Associates; authorize the
City Manager to enter into the Lease Agreement, in a form acceptable to
the City Attorney, on behalf of the City; and authorize the one-time
lease payment of approximately $5,425.00 from the General Fund
Contingency Account No. A01941032006 for use of the building.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27939) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 426.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... --7.
NAYS: None ................
-0.
Mr. Trout offered the following emergency Ordinance:
(#27940) AN ORDINANCE authorizing the execution of a lease with
Hersch Associates pertaining to the use of the former Sears Town
building as a disaster aid facility, upon certain terms and conditions;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 427.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None --0.
EQUIPMENT-CITY ENGINEER: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that
Council accept the bid of International Salt Company to furnish and
deliver 1,000 tons, more or less, of deicing salt, for the total amount
of $37,650.00, and reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
ACTION:
ACTION:
ACTION:
(#27941) AN ORDINANCE accepting a bid for furnishing deicing salt
to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 427.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................... 7.
NAYS: None ............................
BUDGET-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that the bid
of Baker Brothers, Inc., to supply a hydraulic excavator/track mounted
backhoe, in the amount of $51,640.00, be accepted; that Council appro-
priate funds from the Internal Service Fund - Prior Years' Retained
Earnings to Utility Line Services Account No. A06262590015; and that
all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#2/942) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Internal Service Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 428.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...................... 7.
NAYS: None .................. O.
Mr. Garland offered the following emergency Ordinance:
(#27943) AN ORDINANCE accepting the bid of Baker Brothers, Inc.,
made to the City for furnishing and delivering a hydraulic excavator/
track mounted backhoe; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 429.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ..................
CITY ATTORNEY:
PARKS AND PLAYGROUNDS: The City Attorney submitted a written
report advisin9 that by contract dated August 30, 1983, J & H Grading
Company, Inc., contracted with the City for all work necessary to
implement the Mill Mountain Park Improvement Plan; and although the
contract work has been completed and accepted by the City, the City has
been unable to make final payment on the project.
Mr. Dibling explained that during the course of the project, the
City received notice from Fidelity & Deposit Company of Maryland,
surety for J & H Grading Company, Inc., of a claim against the
remaining contract proceeds based upon the surety's payment of various
labor and material expenses incurred by J & H Grading Company, Inc.,
in completing the contract; that at one time, it appeared that the
bonding company and the contractor had resolved this dispute and the
City received authorization from the contractor tc make a joint payment
131
132
ACTION:
ACTION:
of the remaining contract proceeds to the contractor and the bonding
company; that apparently, however, the dispute has not been resolved
and the bonding company has reinstated its formal claim and demand
against the City for the remaining contract balance based upon its
rights as a surety by virtue of labor and material payments made on the
project in excess of the remaining contract balance.
It was noted that by letter dated October 28, 1985, the City pro-
vided notice to d & H Grading Company, Inc., through its attorney, of
the claim by the bonding company and provided J & H Grading Company,
Inc., with an opportunity to present the City with satisfactory written
evidence or reason why the City should not honor the bonding company's
demands and to date the City has received no response to this notice,
The City Attorney recommended that Council authorize final payment
of the remaining contract balance on this project of approximately
$14,359.80 direct)y to Fidelity & Deposit Company of Maryland; that
such payment would only be made after receipt by the City of an
appropriate indemnification agreement from Fidelity & Deposit Company
of Maryland, approved in form by the City Attorney, indemnifying the
City to the ful] extent of such payment for any loss, cost or expense
incurred by reason of having honored the bonding company's demand; and
transmitting an ordinance authorizing such payment.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#27944) AN ORDINANCE authorizing the appropriate City officials
to execute an agreement providing for the payment of the remaining
contract balance on the Mill Mountain Park Improvement Plan contract to
Fidelity and Deposit Company of Maryland, the surety for the contractor
on the project, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 429.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........ O.
DIRECTOR OF FINANCE:
AUDITS: The Director of Finance submitted a financial report of
the City of Roanoke for the month of November, 1985.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted,
REPORTS OF COMMITTEES:
BUDGET-CIVIC CENTER: Mr. James W. Burks, Jr., Chairman, Roanoke
Civic Center Commission, appeared before Council and presented a writ-
ten report of the Commission, advising that on June 10, 1985, Council
approved the concept for an independent, professional study addressing
all aspects of the convention and trade show activity as it relates to
Roanoke; that Council authorized the City Manager to proceed with the
development of documents to obtain competitive proposals for an inde-
pendent, professional study to address the concept; and a committee was
appointed by the City Manager to interview all qualified firms and work
with the recommended firm.
The firm selection and negotiation process was explained and, on
behalf of the Civic Center Commission, Mr. Burks recommended that
Council authorize the City Manager to execute an agreement with the
firm of Laventhol and Horwath to provide consultant services to study
m
ACTION:
ACTION:
ACTION:
133
the convention and trade show activity as it relates to Roanoke, said
agreement shall be in an amount not to exceed $58,600.00 and shall be
in a form acceptable to the City Attorney. It was explained that the
contract will include a "Go or No Go" clause so that a negative finding
would halt work and stop payment at this point. (Example: If Task A
(Marketing Analysis) proves to be a negative feasibi)ity, work would
stop). It was further recommended that Council appropriate $58,600.00
from Prior Years' Retained Earnings, Civic Center to an appropriate
account to be designated by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27945) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Civic Center Fund Appropriation Ordinance, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 430.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... .-7.
NAYS: None .........
Mr. Garland offered the following emergency Ordinance:
(#27946) AN ORDINANCE authorizing the execution of a contract with
Laventhol and Horwath, Certified Public Accountants, to provide con-
sultant services for a comprehensive study and evaluation of convention
and/or exhibit facilities for the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 431.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........
-0.
UNFINISHED BUSINESS:
LEGISLATION: At its regular meeting on Monday, December 16, 1985,
Council having considered a report of the City Attorney transmitting a
draft legislative program for 1986, the matter was again before the
body.
(For full text, see report on file in the City Clerk's Office.)
The Mayor recommended that Council hold a special meeting on
Friday, January 3, 1986, at 3:30 p.m., in the Council's Conference
Room, to ~met with the City's representatives to the General Assembly
and the Roanoke City School Board to discuss the 1986 legislative
program.
Mr. Harvey moved that Council concur in the Mayor's recommendation
and in the contents of the 1986 legislative program. The motion was
seconded by Mr. Garland and unanimously adopted.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 27910 rezoning three parcels of land
located on Wyoming Avenue, known as Lots 2, 3 and 4, Dawnwood Forest,
Official Tax Nos. 27/0321, 2770322 and 2770323, from RS-3, Single-
Family Residential District, to RD, Duplex Residential District, sub-
ject to certain proffered conditions, having previously been before the
Council for its first reading on Monday, December 16, 1985, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
134
ACTION:
ACTION:
ACTION:
(#27910) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 415.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......................... 7.
NAYS: None ..............
STREETS AND ALLEYS: Ordinance No. 27911 permanently vacating,
discontinuing and closing a twenty foot wide alley running approxima-
tely 162 feet in an easterly direction from the intersection of 8th
Street, S. W., and Kerns Avenue, S. W., to the westerly right of way
line of Norfolk and Western Railway Company, having previously been
before the Council for its first reading on Monday, December 16, 1985,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second readin9 and
final adoption:
(#27911) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 416.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ...........
STREETS AND ALLEYS: Ordinance No. 27912 permanently vacating,
discontinuing and closing a portion of an alley in Block 23, Map of
Riverview and West End Land Company Addition, extending from the
easterly boundary of Lots 4 and 12 in a westerly direction to its ter-
minus, lyin9 adjacent to Lots 4, 5, 6, 7 8~ 12, 13, 14, 15 and 16,
Section 23, Map of Riverview and West End Land Company Addition, having
previously been before the Council for its first reading on Monday,
December 16, 1985, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the followin9 for its
second reading and final adoption:
(#27912) AN ORDINANCE permanently vacating, discontinuing and
closin9 certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 417.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................ 7.
NAYS: None ........ O.
STREETS AND ALLEYS: Ordinance No. 27913 permanently vacating,
discontinuing and closing a portion of Shenandoah Avenue, N. W., bet-
ween Second Street and First Street, having previously been before the
Council for its first reading on Monday, December 16, 1985, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the fo]lowing for its second reading and final
adoption:
(#27913) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
135
(For full text of Ordinance, see Ordinance Book No. 49, page 418.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. lhe motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ..................... 6.
NAYS: None ...................... O.
(Council member Trout abstained from voting.)
RADIO-TELEVISION: Ordinance No. 27914 amending the City of
Roanoke's Franchise Agreement with Roanoke Valley Cablevision, Inc., to
provide for a transfer of the conditions, liabilities, covenants and
obligations under the Franchise to Cox Cable Roanoke, Inc., a sub-
sidiary of Cox Cable Communications, Inc., having previously been
before the Council for its first reading on Monday, December 16, 1985,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#27914) AN ORDINANCE amending the City of Roanoke's Franchise
Agreement with Roanoke Valley Cablevision, Inc., to provide for a
transfer of the conditions, liabilities, covenants and obligations
under the Franchise to Cox Cable Roanoke, Inc., a subsidiary of Cox
Cable Communications, Inc.
(For full text of Ordinance, see Ordinance Book No. 49, page 420.)
ACTION:
Mr. Musser moved the adoption of the Ordinance. The ,motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None .... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY IHE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:05 p.m.
City Clerk
APPROVED
136
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
January 3, 1986
3: 30 p.m.
The Council of the City of Roanoke met in special session in the
Council's Conference Room, fourth floor of the Municipal Building, City of
Roanoke, 215 Church Avenue, S. W., on Friday, January 3, 1986, at 3:30 p.m.,
with Mayor Noel C. Taylor presiding, pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter, and pursuant to action taken by the
Council at its regular meeting on Monday, December 23, 1985.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, Ii, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor-- ---7.
ABSENT: None-
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. James D. Grisso, Deputy Director of Finance;
and Ms. Mary F. Parker, City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate of
Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the
Honorable Clifton A. Woodrum, III, Member, House of Delegates; School Board
Chairman Edwin R. Feinour, and School Board members Briggs W. Andrews, Sallye T.
Coleman, LaVerne B. Dillon, David K. Lisk, James M. Turner, Jr.; Roanoke City
Schools Superintendent Frank P. Tota; Executive Assistant Superintendent and
Clerk of the Board Richard L. Kelley; and Deputy Superintendent Dr. Henry P
Williams. '
The meeting was opened with a prayer by Mayor Taylor.
The Mayor advised that the purpose of the special meeting was to
discuss the 1986 Legislative Program of the City of Roanoke with the City's
representatives to the General Assembly and the Roanoke City School Board, and
referred to the following communication calling the special meeting:
"December 31, 1985
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter, this is to advise
you that there will be a special meeting of Council on Friday,
January 3, 1986, at 3:30 p.m., in the Council's Conference Room, fourth
floor of the Municipal Building. The purpose of the special meeting
will be to meet with our legislators and school officials to discuss
the 1986 Legislative Program.
Sincerely,
S/Noel C. Ta~lo~''~'. '~'
Noel C. Taylor
Mayor"
The Mayor welcomed the legislators and School Board members and
called upon the City Attorney to review the program.
Mr. Dibling referred to the Policy Statements contained in the
front of the program, advising that the legislators are familiar with
the statements and he would not review them in detail. He reviewed the
remainder of the program containing legislative proposals with
reference to the following:
I)
137
River Foundation Project
School Funding
Roanoke Regional Airport, Woodrum Field, Terminal Expansion
Jefferson University Center
Annexation Package Funding
Water Management
Restrictions On Use Of Local Government Work Forces
Building Maintenance And Fire Prevention Codes
Annexation Procedures
Collective Bargaining
Extension Of Virginia Tort Claims Act
Self Insurance
Compulsary School Attendance
School Board - Employee Relations
Bottle Bill
Juvenile Delinquency Program.
(For full text, see 1986 Legislative Program on file in the City
Clerk's Office.)
Senator Macfarlane advised that he appreciated the opportunity to
meet with Council and the School Board. With respect to the airport
request, he said he previously conferred with the Director of Aviation
and was advised that the Federal Government has funded a $140,000.00
study of which $117,000.00 will be used to study airports in the
Commonwealth and their relation to economic development; and field work
will begin in February by a Boston consulting firm. At the same time,
he said he has been working with the Tayloe Murphy Institute, that
within a short time he will bring the two groups together and out of
that will ultimately come additional funds.
As to the Governor's School, Senator Macfarlane said the
$125,000.00 should be restored and he feels that Delegates Woodrum and
Thomas will work with him toward that end.
With reference to the Jefferson University Project, Mr.
Macfarlane said the difficulty is that it has not in a sense "found a
home", which is to say that no major institution has come forward and
said it will operate the university once state money is received. He
suggested that the City work closely with the Jefferson High School
Alumni Association in an effort to raise local matching funds.
Senator Macfarlane said as a result of the flood, priorities seem
to have shifted in the Roanoke Valley and he inquired as to how Council
feels about relief money in respect to its integration in the priority
list, and what percentage of non-federal money will be requested.
Delegate Thomas advised that his number one priority will be full
funding of the standards of quality; that in this biennium there exists
$547,000.00 in new money for education and without a doubt the stan-
dards of quality will be fully funded.
With reference to the Governor's School, he said he will do
everything he can to continue the same percentage of funding.
In reference to the water situation, he said information is needed
as to how much water is used across the state; that a comprehensive
plan is almost complete; and through the Virginia Extension Program,
citizens will voluntarily advise how much water is being used by agri-
culture as well as other uses.
Delegate Thomas said he feels progress is being made without
taking away the rights of cities; that last year he told Council the
state would fund 55 additional teachers in standards of quality,
however, the number actually totalled 57.
In reference to the Jefferson University Project, Delegate Thomas
said the project is needed in the Roanoke Valley but money is tight
and, if funded, the money would have to come from one of the other
schools. He said a lot of hard work will have to go into the funding
and it will probably take a long time to happen.
138
Delegate Woodrum advised that he is in support of fully funding
the standards of quality; and the Virginia Tort Claims Act does not
need to be expanded. He said the problem the insurance industry is
undergoing is reflected in insurance rates and he will support the bill
permitting local governments to engage in self-insurance.
School Board Chairman Feinour expressed appreciation to the mem-
bers of the General Assembly who have been supportive of the efforts of
the School Board over the past years. He also expressed appreciation
for the opportunity Council gave the School Board to have input into
the legislative package inasmuch as it has been a tremendous help in
bringing matters of interest to the attention of the City's represen-
tatives to the General Assembly.
Mrs. Coleman advised that last year the School Board requested
that a portion of state surplus funds, if any at year-end, be directed
into teacher salaries; that the request was approved and the School
Board is grateful.
With reference to that portion of the 1986 Legislative Program
regarding guidance counselors, she said that about one-third of all
elementary students are below the poverty level and almost an equal
number are from single parent homes; that this is causing a tremendous
number of existing social problems and has somewhat "loaded the cir-
cuit'' for homeroom teachers in trying to deal with problems. She said
these conditions have added much to teacher frustration locally and
nationally and many of the good teachers are leaving the profession.
Mrs. Coleman stated that the School Board is of the opinion that
guidance counselors in the elementary schools could be a tremendous
help in alleviating the problems.
Mrs. Dillon advised that she is delighted to know of the con~it-
ment of local legislators to support full funding of the standards of
quality; that everything possible must be done to maintain and grow in
the field of education; and offered her assistance if needed.
Mr. Andrews expressed appreciation for the support of our local
legislators of the Governor's School and stated that he hopes the fine
quality of education coming from that institution can be maintained.
Mr. Lisk advised that Congress is considering legislation which
would provide for a federal voucher system of $600.00 per pupil for
attendance at a school of the parent's choice; that if this legislation
is adopted, it would result in an annual loss of $1.3 million which is
now used by the Roanoke City Schools to provide educational services;
that the local School Board opposes the legislation and requested
assistance from our state representatives to the General Assembly in
transmitting the City's concern to appropriate persons.
Mr. Turner expressed appreciation for the opportunity to meet with
the City's representatives to the General Assembly.
Mr. Tota advised that he is in complete support of remarks made by
School Board members and expressed appreciation to the legislators for
their interest in the City of Roanoke, noting that had it not been for
the assistance of our local legislators, the Governor's School would
not be located in the City of Roanoke.
Mrs. Bowles expressed appreciation to the delegation for being
present and also expressed appreciation to the City Attorney for the
outstanding legislative program. She said she was delighted to hear
about the airport funding.
Mr. Trout spoke in support of the continuation of the Governor's
School. He said it needs to be stressed that the Roanoke Valley is a
regional area, that Roanoke is the regional airport, and if we are
going to continue that reputation, it will take the help of the General
Assembly. He added that he is glad to hear the positive remarks of our
local legislators in support of standards of quality.
139
Mr. Bowers advised that the initiatives the legislative program,
the Commonwealth of Virginia and the City of Roanoke are putting forth
in the next year are in the areas of education and economic develop-
ment; that he can enumerate several areas in which the City is pro-
posing that the General Assembly seriously review in regard to
,improving public school education in the Commonwealth of Virginia and
stat6d under the leadership of Governor Robb great strides.have been
taken to i~sdre that our public school systems ,Rr~p~e~excellenGe,in-~-
education for our children. ·
In reference to economic development, Mr. Bowers said the legisla-
tive program has touched on the most important economic development
issue for the valley which is a new airport terminal.
Mr. Garland expressed appreciation to the City's representatives,
advising that he knows they have to face the voters just as Council
does and, therefore, must show some restraint. He said he knows they
will do their best in the General Assembly to represent the City.
Mr. Musser expressed the opinion that it is time the City of
Roanoke started receiving some of the money that has gone to northern
Virginia for some of the things that are needed, especially in the area
of the airport. He referred to the inequity in the City's metropolitan
areas, and mounting social services for citizens which is a costly pro-
position, advising that people from other areas are drawn to the City
and assistance is needed at the state level or these much needed
programs are not going to be continued because of lack of funds. He
said if he had to rate the City's needs, excluding the quality of edu-
cation, his first priority would be the airport and he hopes the
General Assembly will take into consideration that the longer we wait
the further behind we will fall.
Mr. Harvey advised that most of the City's requests deal with
basic services provided to the citizens, noting that the spin-offs are
untold in economic development, community pride, etc., and he requested
that our local legislators do whatever they can in helping the City to
fund some of these most important items.
The City Manager advised that the City Attorney is the City's
point-man on all legislative projects and the City will deal solely
through Mr. Dibling.
Mr. Herbert said Senator Macfarlane asked a question in reference
to what is the City's priority in terms of flood relief from the state
government; and advised that he has been in close contact with the
Governor's Office on what the state's role will be. He said con-
siderable time has passed and the City has not heard formally, but as
of Tuesday, December 31, 1985, it is his understanding that the State's
decision was made, and the Office of Emergency Services will be sending
a formal policy to all governments affected by the flood.
The Mayor advised that he believes the hour has come for southwest
Virginia to receive consideration by the General Assembly; that there
are many things he is concerned about, but the new airport terminal is
the number one priority and he hopes that concern will be articulated
to all of Richmond.
He said the Jefferson University Project is important; that a gra-
duate institution of that kind is needed for all of the southwest
Virginia area; that the River Foundation Project will cost a con-
siderable sum of money, but he would like for Richmond to know that
this is the year the City of Roanoke should get its projects on the
agenda, noting that we have never had a project of this magnitude
blessed, supported and funded at the General Assembly level; that pro-
jects are blessed in the northern Virginia, central Virginia and
Tidewater areas and this is the year that the City of Roanoke should
not have to take a back seat to any other locality.
Mayor Taylor expressed appreciation for the Governor's School and
stated that he believes funding will be continued. He reiterated that
the new airport terminal building is his number one priority.
There being no further business, the Mayor declared the special
meeting adjourned at 5:00 p.m.
ATTEST:
140
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 6, 1986
2:00 p.m.
141
!)
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 6, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
"(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers and Mayor Noel C. Taylor .... 6.
ABSENT: Council member Elizabeth T. Bowles
'-1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of Lhe United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-BUDGET: Mr. Frank Turk, representing the
Government Finance Officers Association of the United States and Canada,
appeared before Council and presented the City Manager with the "Distinguished
Budget Award" for 1985, which is the highest form of recognition in governmental
budgeting and its attainment represents a significant accomplishment by the City
of Roanoke and its management.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a matter involving actual
litigation; and personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council.
MINUTES: Minutes of the special meeting of Council held on
Wednesday, November 20, 1985; the regular meeting held on Monday,
November 25, 1985; and the regular meeting held on Monday, December 2,
!985, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None .......
(Council member Bowles was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter involving actual litigation, pursuant to
Section 2.1-344 {al (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
142
ACTION:
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter involving
actual litigation, pursuant to Section 2.1-344 (a) (6), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ............. 6.
NAYS: None-- O.
(Council member Bowles was absent.)
PENDING ITEMS: A list of items pending from July 10, 1978,
through December 23, 1985, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
ACT[ON: Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor- 6.
NAYS: None- -0.
(Council member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACT[ON:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor- 6.
NAYS: None-. O.
(Council member Bowles was absent.)
REGULAR AGENDA:
ACT[ON:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
HOUSING-HENRY STREET REVIVAL COMMITTEE: A communication from the
City of Roanoke Redevelopment and Housing Authority transmitting
Resolution No. 2112 adopted by the Board of Commissioners on
December 23, 1985, endorsing the Halcyon Ltd. Phase I Development
Concept for the Henry Street Restaurant and Entertainment District, was
before Council.
(For full text, see communication and resolution on file in the City
Clerk's Office.)
Mr. Bowers moved that the communication and resolution be received
and filed and that Council concur in the endorsement by the Housing
Authority of the Phase I Development Concept. The motion was seconded
by Mr. Harvey and adopted.
ZONING-ARCHITECTURAL REVIEW BOARD: A joint communication from Mr.
John W. Eure, Chairman, Historic Preservation Committee, and Mr.
John T. Jessee, President, Roanoke Valley Historical Society, express-
ing concern with a threat to the historic character of the Old South-
west area of the City arising from recent high-density housing develop-
ment, and offering their support in promptly pursuing all courses of
action which may forestall further incompatible development, was before
Council.
It was explained that the citizens of Roanoke are increasingly
concerned with preserving what remains of the built environment that
enables us to understand and appreciate the community's past and the
accomplishments and character of its founders; that If evidence of this
interest is needed, they point to the City's success last June in
securing the designation of the Southwest Historic District by the
Virginia Historic Landmarks Commission and the U. S. Department of the
Interior, and to the activity of private citizens in restoring, rehabi-
litating and occupying many of the handsome homes in the area; and as
a community they are increasingly aware of the toll in ugliness, past-
lessness and rootlessness exacted by the heedless destruction of
historic structures and neighborhoods.
It was noted that recent building activity in the Southwest
Historic District offers conclusive evidence that the existing zoning
laws and controls on development are inadequate to prevent the repla-
cement of 19th century and 20th century houses with structures designed
with no thought to preserving the historic character and ambience of
the neighborhood; and a clear example is the multi-family structure now
going up on the southwest corner of Day Avenue and Sixth Street, S. W.
On behalf of the Roanoke Valley Historical Society, Messrs. Eure
and Jessee made the following request of Council:
That the Council exhaust all possibilities of
achieving a moratorium on the building of incom-
patible structures, those designed without due con-
sideration of the historic nature of the Old South-
west and other older sections of the City; that the
City Attorney has advised existing law does not
permit the mandating of such a moratorium; that if
no way can be found around this barrier, they
request that Council consider achieving the same
result by urging upon developers and the citizens
generally the importance of preserving the area by
voluntary compliance with an appropriate policy
resolution of the Council.
That Council and the City Administration are to be
commended upon their demonstrated commitment to
historic preservation, and particularly upon the
revision of the zoning laws now underway; and
urging that this work be pursued with all appro-
priate urgency and with suitable attention to more
stringent zoning and design restrictions, site plan
gutdeltiles, and review procedures to achieve ade-
quate protection of the community's historic
assets.
(For full text, see communication on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that on
June 17, 19B5, Council referred to the City Manager and the City
Attorney the matter of reviewing zoning laws which affect the Old
Southwest area in light of its designation as a historic district, and
further requested that the City Attorney render an opinion on new
construction permits which have been issued in the Old Southwest neigh-
borhood.
143
144
Mr. Dibling advised that in 1985 a portion of Old Southwest was
designated as an historic district on the National Register of Historic
Places Inventory; that this designation can lead to certain Federal tax
advantages for owners of properties that are rehabilitated within the
district; that this designation, however, does not in any way give the
City any additional power or controls over development within such a
district, other than the powers the City already has through its
existing zoning, building and subdivision regulations.
Mr. Dibling further advised that if Council wishes to avoid high-
density development in the future in areas of the City such as the sub-
ject area of Old Southwest, Council coulu initiate a rezoning of such
areas to a zoning district which would not permit such a high-density
use; and as the City Manager will advise Council, the City has recently
commissioned a study by the firm of Buckhurst, Fish, Hutton and Katz
which is to include certain proposals with regard to zoning and deve-
lopment control within Old Southwest, which proposals would also likely
be applicable to other such neighborhoods in the City.
The City Attorney pointed out that the draft of the above referred
to study has been reviewed by his office and suggests some positive
steps which can be undertaken to preserve the residential character of
the City's neighborhoods, such as Old Southwest; that one of the propo-
sals is that the Old Southwest area be designated as an historic zoning
district by the City, and that the City impose design controls on pro-
perty in this area, such as it has done in the Market Historic
District; and this proposal will have to be studied carefully to ensure
that regulations can be enacted that are reasonable for a residential
area, if Council and the Old Southwest neighborhood desire to explore
this possibility.
{For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report advising that since
the mid 1970's, conservation and preservation have been key issues in
the Old Southwest area; that in particular, the area which is zoned C-1
has been of key concern to the neighborhood group as it has been that
area which has experienced the most change in order to accommodate new
commercial buildings; and this area can generally be described as
being bordered on the east by Jefferson Street, on the west by Franklin
Road, on the north by Elm Avenue, and on the south by Webber Express-
way.
The City Manager advised that in response to the growing concern
of the neighborhood about the continued demolition of residential
structures for parking lots in the above noted C-1 area, a detailed
study was undertaken in conjunction with the Roanoke Vision Comprehen-
sive Planning Process; that the findings of that study were presented
at a joint meeting of the Roanoke City Planning Commission, the
Architectural Review Board and the Board of Zoning Appeals on
December 4, 1985, and they are as follows:
Design Suggestions for Builders/Developers - All
new developments or conversions of residential
structures for commercial use should be done in a
manner which complements the historic character of
the area.
Comment: As an immediate action, all of the above-
noted Boards/Commissions were asked to encourage
the development community to use sensitivity when
doing new projects or conversion projects in the
C-1 area of Old Southwest.
Mandatory, Development and Design Controls - A new
~'overlay zone" was proposed for the entire South-
west Historic District which includes portions of
Old Southwest, Mountain View, and Hurt Park. This
would not change the current zoning designation of
the C-1 area of Old Southwest but would make review
of all proposed new construction, conversion and
demolition projects mandatory. This review would
be carried out by the Architectural Review Board
and would require a legally advertised public
hearing to ensure citizen involvement.
m
ACT[ON:
Comment: This new "overlay zone" will be made a
part of the revised land use regulations being
developed as a part of the Roanoke Vi si on
Comprehensive Planning Process. It is expected
that the revised land use regulations will be pre-
sented to Council in June, 1986, for review and
adoption.
Zoning Changes - Critical review of the current C-1
zoning boundary between Franklin Road and Fourth
Street, S. W., to determine future effects on
adjacent residential structures.
Comment: A review of all current zoning district
boundaries is now underway. Any recommendation for
change will be presented to Council in June, 1986.
Traffic, Parking and Landscaping Improvements -
City should analyze, in more detail, methods to
decrease neighborhood through-traffic, improve
existing off-street parking areas, provide more on-
street parking to prevent future demolition of
housing for parking lots, and improve landscaping
within public rights-of-way.
Comment: A meeting with the Old Southwest leader-
s-~-~ has already been scheduled to discuss neigh-
borhood through-traffic issues. The other areas
noted above will require more long-term study and
analysis by our traffic engineer. This will be a
continuing effort during the remainder of FY '85 -
86 and into FY '86 - 87.
Mr. Herbert pointed out that it is believed the recent study and
the on-going Roanoke Vision process has given the City valuable infor-
mation and direction; that the staff will continue to work with busi-
ness, development, and neighborhood interests in the area to improve
the situation, and simultaneously will continue to develop the regula-
tions noted above for Council's consideration in June, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Eure appeared before Council and advised that the Board of
Directors of the Roanoke Valley Historical Society, by unanimous
action, endorsed the findings and recommendations of the study referred
to in the City Mandger's report and, in particular, the Historical
Society urges all possible steps to curb the razing of historical
structures and their replacement with incompatible buildings in the old
southwest district. He stated that they are of the opinion it is
urgent that the City bring all possible influence to bear on developers
and property owners pending the adoption of legal controls in June. He
expressed the concern that public knowledge of impending restrictions
for the future may inspire some entrepreneurs to do considerable damage
to the historical nature of the area. Mr. Eure advised that the
Historical S,~ciety and Old Southwest, Inc., will request time on
Council's agenda at a meeting in the very near future for a more
complete presentation of their analysis of the situation.
Mr. Brian R. Jones, 641 Walnut Avenue, S. W., representing Old
Southwest, Inc., appeared before Council and advised that his organiza-
tion is in complete accord with the recommendations of the Historical
Society. He said they are concerned that the hiatus between the recom-
mendations and implementation may provide an opportunity for indivi-
duals to avoid the more restrictive provisions of the new zoning code,
and this has been particularly noticed in the last year with regard to
some rather incompatible development that has taken place in their
neighborhood.
Following considerable discussion, Mr. Trout moved that the matter
be referred back to the City Manager and City Attorney for additional
study, report and recommendation to Council in conjunction with recom-
mendations for implementing certain phases of a study prepared by
Buckhurst, Fish, Hutton & Katz relating to zoning and development
control within Old Southwest. The motion was seconded by Mr. Garland
and adopted.
145
146
ACTION:
ACTION:
ACTION:
Mr. Garland moved that the City Attorney be requested to prepare
the proper measure urging developers to demonstrate restraint in
changing the character of the neighborhoods in Old Southwest until such
time as a more definite planning document is enacted by Council. The
motion was seconded by Mr. Musser and adopted.
Mr. Bowers moved that the communication from the Roanoke Valley
Historical Society be received and filed. The motion was seconded by
Mr. Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AFFIRMATIVE ACTION: The City Manager submitted a written report
advising that the Affirmative Action Plan provides for an annual
briefing to Council on the status of the Equal Employment/Affirmative
Action Plan, and transmitting the following information in connection
therewith:
Long range ongoing goals established by the
Affirmative Action Plan are being met.
1985 hiring analysis of the City of Roanoke work-
force in all EEO categories indicates that 41% of
new hires were minorities and 34% were females,
Recruiting trips to Virginia predominantly black
universities and colleges were completed during
this fiscal year.
City job list mailing distribution has been
expanded to include additional minority asso-
ciations, fraternities, churches and non-profit
organizations.
Other efforts include ongoing visits to Roanoke
area local schools, churches, and advertisements
with minority focused radio and newspapers.
In concluding, the City Manager advised that Affirmative Action
activities within the City have continued to progress; that composition
of the workforce indicates a continued positive effort to employ
minority and female workers; that the City continues to desire to
ensure the exposure of all job opportunities; and employing the most
qualified personnel and promoting Affirmative Action is the City's con-
tinued goal.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted.
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the Elmwood Park extension project included, among
other things, removal of the old water pond and construction of nine
new reflecting pools to accommodate a linear water lily garden; that
the new pools were an important part of the overall park design concept
to enhance the visual quality of this critical public open space in
downtown Roanoke; that water lilies are added to the pools after the
water temperature is a minimum of 75 degrees F., and this is usually
around June 15 - 20 of each year when the Festival-in-the-Park event is
also over.
Mr. Herbert advised that he was requested to review the potential
safety hazard and cleanliness related to the pools, particularly when
large crowds of people are in the park, and noting that the architects
for the Elmwood Park extension project were consulted by the City to
help develop an appropriate design solution to address the safety and
cleanli ness concerns.
m
ACTION:
147
The City Manager recommended that temporary wood covers be
constructed and placed in the existing nine reflecting pools each year
after the first frost of the season until the conclusion of the
"Festival Week," and that the covers be removed after the Festival to
prepare the pools for the water lilies.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed and that
Council concur in the recommendation of the City Manager. The motion
was seconded by Mr. Trout and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report in connection with selection of an architectural and engi-
neering firm for the Mill Mountain Park Improvement Project - Phase II,
advising that the Capital Improvement Program contains $175,000.00 for
the subject project including:
Underground placement of existing overhead lines,
New park-type lights,
Star overlook upgrading, and
Miscellaneous site improvements.
It was further advised that Council, on July 8, 1985, authorized
the design of the following additional items as a part of the project
as requested by the Mill Mountain Development Committee:
A Visitor Center containing restrooms and a self-
help information area,
Picnic and play area developments,
Walking trail improvements in the vicinity of the
Star.
It was explained that the proposed phasing design and estimated
budget to address the approved program and the additional top priority
needs identified by the Mill Mountain Development Committee are as
follows:
Phase II-A Project Budget .........
1.
.... $225,000.00
Base Bid Items (with ap2roved funding) ............ $175,000.00
b. New park-type lig.hts.
c. Star overlook upgradinQ.
d. Miscellaneous site improvements.
Alternate Bid Items (subject to availability
of funding) ........
a. A Visitor Center with restrooms.
Underground placement of existing overhead lines.
.$.So,ooo.oo
Phase II-B Project Budget .........
1.
· $ 50,000.00
Base Bid or Alternate Bid Items (subject
to availability and time of funding) .............. $ 50,000.00
a. Picnic and plaN area developments.
b. Walking trail improvements in vicinity of the Star.
Total estimated project budget $275,000.00
Total funding currently available ........ $175,000.00
ACTION:
ACTION:
It was explained that the selection and negotiation process has
resulted in the selection of the local firm of Sherertz, Franklin,
Crawford, Shaffner to provide architectural and engineering services,
for a total fee of up to $25,500.00; and the City Manager recommended
the following:
Authorize execution of an agreement with the firm
of Sherertz, Franklin, Crawford, Shaffner to pro-
vide architectural/engineering services for the
Mill Mountain Park Improvement Project - Phase II,
for a total fee of up to $25,500.00, with the
agreement to be in a form acceptable to the City
Attorney, and establish a $2,000.00 project archi-
tectural/engineering contingency account.
Transfer $27,500.00 from Account No. A08310172704
into a new account to be established by the
Director of Finance for the Mill Mountain Park -
Phase II project.
For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27947) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 431.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor .......... 6.
NAYS: None ....... O.
(Council member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#27948) AN ORDINANCE authorizing a contract with Sherertz,
Franklin, Crawford, Shaffner, to provide architectural and engineering
services for the Mill Mountain Park Improvement Project - Phase II; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 4g, page 432.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........ 6.
NAYS: None ........ O.
(Council member Bowles was absent.)
STREETS AND ALLEYS-INDUSTRIES: The City Manager submitted a writ-
ten report advising that Nicholas Avenue, N. E., was acquired by the
City of Roanoke as part of the 1976 annexation, and is located in the
Statesman Industrial Park; that the existing portion of Nicholas
Avenue, N. E., is approximately 2,300 feet in length; that the unopened
portion is approximately 164 feet in length, and lies at the west end
of the existing road; and a letter from Mr. A. Wade Douthat, owner of
property on the north and west sides of unopened Nicholas Avenue,
N. E., right of way (parcel No. 7180211), to the City Engineer dated
November 19, 1985, requested that the unopened portion of Nicholas
Avenue be paved to provide access to future development on Mr.
Douthat's adjacent property.
It was further explained that the City Engineer received a letter
under date of December 4, 1985, from Mr. John B. Trent, Jr., repre-
senting Carben Corporation, owners of property on the south side of
unopened Nicholas Avenue right-of-way (parcel No. 7180216), requested
that the City complete Nicholas Avenue to provide access to his
clients' property which is to be developed; and State law requires the
approval of Council before the City can proceed with grading the
street.
149
Mr. Herbert advised that Mr. Douthat has indicated he is committed
to pave the cul-de-sac that would be at the end of this proposed road-
way extension, and would like to coordinate the paving of the cul-de-
sac wtth the paving that would be done by the City, if the roadway
request is approved; that the Code of Virginia, Section 15.1-368,
requires Council's authorization for street grading, and further provi-
des In cases where damage may result to abutting owners, that Council
shall designate and direct a committee of Council or some officer of
the City to ascertain such damages; and for this particular project,
the City Engineer has determined that the improvements will not cause
damage to abutting owners.
The City Manager recommended that Council authorize grading of
Nicholas Avenue, N. E., to be accomplished after July 1, 1986, and as
soon as the question of damages, if any, is determined, contingent
upon the following:
Execution of a building permit by either Mr.
Douthat or Carben Corporation.
Evidence of construction on either of these proper-
ties. (Some grading has begun).
Functional drainage facilities to serve site to be
developed.
m
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#27949) AN ORDINANCE authorizing the City to grade a portion of
Nicholas Avenue, N. E., and appointing an officer of the City to ascer-
tain whether such grading will damage the abutting properties; and pro-
viding for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 432.)
Mr. Bowers moved the adoption of the Ordinance. l"ne motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None .......... O.
(Council member Bowles was absent.)
INSURANCE: The City Manager submitted a written report with
reference to automobile liability insurance, advising that liability
coverage protects the City for damages to property and injuries of
others; that the City has always been self-insured to comprehensive
losses to its equipment; and the City is presently self-insured in the
following areas:
Environmental Impairment
April 14, 1985
Li abi l i ty - as of
Public Officials Liability - as of September 23,
1985
150
It was explained that Automobile Liability Insurance coverage has
been carried by the City since the insurance market provided such
coverage; that the calendar year 1985 policy provided a limit of
liability of $1,000,000 per occurrence with no deductible; that the
1985 policy carrier notified the City, in late October 1985, that the
policy would not be renewed; and local governments throughout the
Commonwealth are experiencing similar difficulties in obtaining
Automobile Liability Coverage.
The City Manager advised that nine insurance brokers were con-
tacted in an attempt to secure the desired coverage; and a price quote
of $168,500.00 for a limit of liability of $300,000.00 per occurrence
was received by telephone at 11:00 a.m., on January 6, 1986.
Mr. Herbert recommended that the Mayor appoint a member of Council
to work with a committee composed of the City Manager, City Attorney,
Director of Finance, and Director of Administration and Public Safety
to review the changing insurance market and develop a policy to deal
with those areas where insurance is unaffordable or unobtainable; and
that the committee review the proposal received on January 6 on
Automobile Liability Insurance and report back to Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Bowers and adopted.
ACTION: The Mayor appointed Council member Howard E. Musser as the
Council's representative on the Committee.
ACTION:
Following further discussion of the matter, Mr. Trout moved that
the City Attorney be requested to prepare the proper measure to be
forwarded to the City's representatives to the General Assembly
expressing the concern of Council in reference to the insurance crisis.
The motion was seconded by Mr. Bowers and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
AIR RIGHTS-PARKS-CIRCUSES-SPECIAL PERMITS: Mr. C. F. Rowell,
General Chairman, Kazim Temple Shrine Circus, appeared before Council
and advised that the 28th Annual Kazim Shrine Temple Circus will be
held on ~lanuary 31 - February 2, 1986, at the Roanoke Civic Center;
that to help promote this benefit, the Shrine and Harold-Morton Circus
is seeking Council's permission to stage a very special event on
January 30; that at about noon, they are requesting that a circus
aerialist be permitted to slide down a cable suspended from the roof of
the Colonial Plaza Building to Elmwood Park; that the one-half inch
cable will cross above Franklin Road and the promenade between the IBM
and the Blue Cross-Blue Shield Buildings; that the wire will be
anchored in the amphitheater area of Elmwood Park, and the installation
of the wire will be done in a manner acceptable to both the circus and
the City.
Mr. Rowel l explained that the City of Roanoke will be named as
additional insureds for this special promotion under the $5 million
Comprehensive General Liability Policy of the circus; and the Shrine
Circus would like Council's permission to proceed in planning the
"Slide for Life", contingent upon presentation to the City l~nager of
the necessary insurance coverage.
(See communication on file in the City Clerk's Office.)
ACT[ON:
Mr. Musser moved that the request be referred to the City Manager
and City Attorney for appropriate handling. The motion was seconded by
Mr. Garland and adopted.
At 3:15 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all members of the Council in attendance,
with the exception of Council member Bowles.
HEALTH DEPARTMENT (MENTAL HEALTH): The Mayor advised that the
three year terms of Harriet M. McClung and Daniel E. Karnes as members
of the Mental Health Services Board of Directors expired on
December 31, 1985, and called for nominations to fill the vacancies.
Mr. Bowers placed in nomination the names of Harriet M. McClung
and Daniel E. Karnes.
There being no further nominations, Harriet M. McClung and
Daniel E. Karnes were reelected as members of the Mental Health
Services Board of Directors, for terms of three years each ending
December 31, 1988, by the following vote:
ACT[ON: FOR MRS. MCCLUNG AND MR. KARNES: Council members Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor .... 6.
(Council member Bowles was absent.)
~IR POL~T~Of~'CONTROL: The Mayor advised .tl~t-t~e ,four' year terms
or'Ruskin P~. 'ArAol'd and Versal R. Dearing as members ~f the Ad*~T~ry
and Appeals Board, Air Pollution Control, expired on December 31, 1985,
and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Ruskin P. Arnold and
Versal R. Dearing.
There being no further nominations, Ruskin P. Arnold and Versal R.
Dearing were reelected as members of the Advisory and Appeals Board,
Air Pollution Control, for terms of four years each ending December 31,
1989, by the following vote:
ACTION: FOR MESSRS. ARNOLD AND DEARING: Council members Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor ..... 6.
(Council member Bowles was absent.)
CIVIC CENTER: The Mayor advised that there is a vacancy on the
Roanoke Civic Center Commission, created by the resignation of James M.
Turner, Jr., for a term ending September 30, 1987, and called for nomi-
nations to ltl1 the vacancy.
Mr. Trout placed in nomination the name of John S. Edwards.
There being no further nominations, John S. Edwards was elected as
a member of the Roanoke Civic Center Commission to fill the unexpired
term of James M. Turner, Jr., resigned, ending September 30, 1987, by the
fol 1Dwi ng vote:
m
ACT[ON:
FOR MR. EDWARDS: Council members Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 6.
(Counctl member Bowles was absent.)
PARKS: The MaYor advised that there is a vacancy on the Citizens'
Advisory Committee - City Wide Park Study, created by the resignation
of Leonard S. Becket, for a term ending June 30, 1986, and called for
nominations to fill the vacancy.
Mr. Musser placed In nomination the name of Helen R. Prtllaman.
There being no further nominations, Helen R. Prtllaman was elected
as a member of the Citizens' Advtsory Committee -Ctty Wide Park Study,
for a term ending June 30, 1986, by the following vote:
152
ACTION:
FOR MRS. PRILLAMAN: Council members Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ........................... 6.
(Council member Bowles was absent.)
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Commission, created by the resignation of
Clarence E. Lee, for a term ending October 31, 1988, and called for
nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Harold S. Zimmerman.
ACTION:
There being no further nominations, Harold S. Zimmerman was
elected as a member of the City of Roanoke Transportation Safety
Commission for a term ending October 31, 1988, by the following vote:
FOR MR. ZIMMERMAN: Council members Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor .... 6.
(Council member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:25 p.m.
APPROVED
City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 13, 1986
7:30 p.m.
153
The Council of the City of Roanoke met in regular meeting in the
Council Chamber in the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, January 13, 1986, at 7:30 p.m., the regular meeting hour,
with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetin§s, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as
amended,
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor-- .7.
ABSENT: None-- -0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wtlburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ken Dupin, Pastor,
Valley View Wesleyan Church.
The Pledge of Allegiance to the Flag or' the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids on storm drain repair at Campbell Avenue and Willtamson Road,
S. E., said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, January 13, 1986, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
fol 1 owtng bi ds:
Dixon Contracting, Inc.
E. C. Pace Company, Inc.
Aaron J. Conner General
Contractor, Inc.
Boxley Construction Company
$34,900.00
38,800.00
47,316.00
48,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Charles M. Huffine as members of the committee.
SEWERS AND STORM DRAINS-WATER DEPARTMENT: Pursuant to notice of
advertisement for bids on repair to sheet piling retaining wall and
related work at the Water Pollution Control Plant, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, January 13,
1986, and to be held, opened and read before the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
Big Stone Quarry Corporation
Dixon Contracting, Inc.
Boxley Construction Company
Aaron J. Conner General
Contractor, Inc.
$13,640.00
14,375.00
25,400.00
38,230.00
154
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Charles M. Huffine as members of the committee.
ACTION:
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
at its regular meeting on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, January 13, 1986, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Messrs. Earl H. Shumate and Robert H. Fetzer that a certain tract of
land containing approximately 0.15 acres, located at 2324 Orange
Avenue, N. W., and designated as Official Tax No. 2321603, be rezoned
from C-1, General Commercial District, to RD, Duplex Residential
District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 27, 1985, and Friday, January 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that existing commercial zoning
designation is not consistent with the existin9 land uses in the imme-
diate area; and rezonin9 the property to RD will enable the owner to
utilize the property for residential purposes, benefit the neighborhood
and promote compatible development, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#27950) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 441.)
The motion was seconded by Mr. Bowers.
No person wishing to address Council with regard to the matter,
Ordinance No. 27950, on its first reading, was adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None .......... O.
ELECTIONS: Pursuant to instructions by the Council, the City
Clerk having advertised a public hearing for Monday, January 13, 1986,
at 7:30 p.m., or as soon thereafter as the m~tter may be heard, on the
request of the Electoral Board to relocate the polling place in Wasena
Precinct from the Transportation Museum Center to the gymnasium of
Ghent Grace Brethren Church, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday,
December 30, 1985, and Monday, January 6, 1986,
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
ACTION:
(#27951) AN ORDINANCE amending and reordaining §10-68, Same -
Votin~ place, of the Code of the City of Roanoke (1979), as amended, to
provide for a relocation of the polling place in Wasena Precinct from
the Transportation Museum to the gymnasium of Ghent Grace Brethren
Church; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 433.)
Mr. Trout moved the adoption of the Ordinance. Ihe motion was
seconded by Mr. Musser.
Mr. Alton B. Prillaman, Secretary, Electoral Board, appeared
before Council in support of the request.
No person wishing to address Council with regard to the matter,
Ordinance No. 27951 was adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... 7.
NAYS: None ....... O.
155
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one ~tion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter relating to a prospective business
or industry.
MINUIES: Minutes of the regular meeting of Council held on
Monday, December 16, 1985, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- 7.
NAYS: None ............
HOUSING: A communication from the City of of Roanoke Redevelop-
ment and Housing Authority, advising that under the Cooperation Agree-
ment between the City of Roanoke and the City of Roanoke Redevelopment
and Housing Authority, the Authority shall make payment in lieu of
taxes to the City each fiscal year, which is ten per cent of shelter
rents from all housing projects; and transmitting a check in the
amount of $7/,169.60, representing payment in lieu of taxes for the
following projects:
Lansdowne Park
Lincoln Terrace
Hurt Park
Highland Manor
Hurt Manor
Melrose Towers
Jamestown Place
Morningside Manor
Bluestone Park
Indian Rock Village
Hackley Avenue
$ 10,852.13
13,291.59
5,833.92
4,985.13
6,206.32
13,242.10
6,690.38
7,249.27
3,941.91
3,675.89
1,200.96
Total $ 77,169.60
(For full text, see communication on file in the City Clerk's Office.)
156
ACTION:
ACTION:
'ACTION:
ACTION:
ACTION:
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None ........ O.
TAXES: A report of the Director of Finance advising that pursuant
to requirements of Section 32-6, Code of the City of Roanoke (1979), as
amended, the rate of interest to be charged on delinquent taxes owed to
the City for the period January 1, 1986, through June 30, 1986, will be
ten per cent, noting that this is the same interest rate established
pursuant to Section 6621 of the Internal Revenue Code of 1954 and is
established semi-annually on October 15 and April 15, and the rate is
based on the average prime interest rate for the six month period
ending September 30 and March 31, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
NAYS: None ........ O.
TREASURER: A communication from Mr. Gordon E. Peters, Treasurer,
transmitting the December 1985 Statement of 1985-86 Revenue Receipts
for the City Treasurer's Office, was before Council.
(For full text, see communication and statement on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and statement be received
and filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... .-7.
NAYS: None .......... O.
BUILDINGS-HEALTH DEPARTMENT: A report of qualification of
Gene Wirt as a member of the Property Maintenance Code Appeals Board
for a term of two years ending June 30, 1987, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... .7.
NAYS: None ......... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body..
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
I
ACTION:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................................. 7.
NAYS: None ..................................................... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to a prospective business or
industry, pursuant to Section 2.1-344 (a) (4), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
a prospective business or industry, pursuant to Section 2.1-344
(a) (4), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None-- - ......... O.
157
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-AiR RIGHTS-PARKS-CIRCUSES: The City Manager sub-
mitted a written report advising that the 28th Annual Kazim Shrine
Temple Circus is scheduled from January 31 - February 2, 1986, at the
Roanoke Civic Center; that Kazim Temple, represented by Mr. C. F.
Rowell, General Manager, has requested Council's permission to stage an
aerial exhibition at or about noon on January 30, 1986, over Franklin
Road and Elmwood Park to promote the Shrine Circus; that the exhibition
would involve an aerialist sliding down a cable suspended from the roof
of the Colonial Plaza Building to Elmwood Park; and Council referred
the request to the City Manager on January 6, 1986, for appropriate
handling.
It was explained that Colonial Plaza Building owners have approved
the use of their building for the above stated aerial event, subject to
certain terms and conditions; that permission for the use of air rights
over Franklin Road can only be granted by Council; and a parade-
assembly permit granted by the City Manager would also be required for
the subject event.
The City Manager recommended that Council grant the use of air
rights over Franklin Road between Jefferson Street and Williamson Road
and over a portion of Elmwood Park to Harold-Morton Circus for an aerial
exhibition at or about noon on January 30, 1986, to promote the Shrine
Circus; that promotion of the benefit event annually scheduled at the
Roanoke Civic Center would be facilitated; that adequate liability
insurance, in the amount of $5 million (combined single-limit) would be
provided by the Hamid-Morton Circus to address the public liability
with the subject event of January 30, 1986; that the City of Roanoke,
its officers, agents, and employees would be listed as additional
insured; that in addition, the Hamid-Morton Circus would be required to
158
ACTION:
ACTION:
indemnify and hold harmless the City, its officers, agents, and
employees, from any and all liability arising out of the use of the
City property for the subject event; and that a parade/assembly permit
be granted by tile City Manager which would primarily involve temporary
closing of Franklin Road between Jefferson Street and Williamson Road
and a portion of Elmwood Park.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#27952) AN ORDINANCE providing for the use of certain City pro-
perty including air rights over Franklin Road and a portion of Elmwood
Park for an aerial exhibition in promotion of the Kazim Temple Shrine
Circus, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 442.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- -7.
NAYS: None ........ O.
HOUSING: The City Manager submitted a written report advising
that the Virginia Housing Development Authority makes loans at below-
market interest rates for home purchase, construction or purchase and
repair, to families with income generally in the $12,000.00 -
$35,000.00 range; that the Urban Preservation and Infill Program, spe-
cifically designed for older neighborhoods, was begun by VHDA in the
spring of 1981; and setting forth figures on the amounts of allocations
of loan funds for older areas specifically from April, 1981 through
August, 1985.
The City Manager explained that homeownership, rehabilitation and
new construction in Roanoke's older neighborhoods have been enhanced
through past VHDA allocations; that VHDA has offered the City an addi-
tional allocation of $2 million at an initial interest rate of 9.62% to
be loaned in "Targeted Areas"; that this allocation is the last that is
expected to be offered to the City until late 1986, however, the 9.62%
interest rate may be adjusted through the year to keep the loans
attractive; that other technical aspects of the loan program have been
changed to make the program more attractive and useful to low-moderate
income home buyers; and loan applications are received and processed by
private financial agents heretofore selected on a rotating basis of
three for each allocation.
The City Manager recommended that he be authorized to execute the
commitment agreement with VHDA, in the amount of $2 million, advising
that because the allocation is so large and is likely to be the last
one for about a year, the allocation would be divided for servicing
among the five financial agents without a current VHDA allocation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#27953) A RESOLUTION authorizing the execution of an agreement
with the Virginia Housing Development Authority providing for an allo-
cation of a total of $2,000,000 in inortgage financing for certain areas
of the City; and authorizing certain other actions relating thereto.
(For full text of Resolution, see Resolution Book No. 49, page 434.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ...... O.
/
BUDGET-STATE HIGHWAYS: The City Manager submitted a written
report advising that on March 14, 1977, Hershberger Road was adopted by
Council as the City's number one highway construction priority; that
on September 26, 1977, Council requested the Virginia Department of
Highways and Transportation (VDH&T) to program Hershberger Road for
construction with Urban Funds, and agreed to pay the City's share of
the costs; that on June 19, 1980, the VDH&T Commission, after the
appropriate public hearing, approved the location and major design
features of Hershberger Road; and the Hershberger Road Project, for
construction and funding purposes, has been divided into three
segments, including:
1-581 Interchange to Grandview Avenue
Grandview Avenue to Williamson Road
1-581 Interchange to Cove Road
159
It was explained that the first segment of construction, from
1-581 Interchange to Grandview Avenue was authorized by Council and has
been completed; that this included the flyover and underpass serving
Roanoke Regional Airport and Valley View Mall; that the second segment
of construction required, construction of six thru-lanes of traffic,
between Grandview Avenue and Williamson Road, which was needed to
improve traffic movement on Hershberger Road for the next 20 years;
that this segment of the project was authorized by Council and has been
completed; that the third segment of construction requires construction
of six thru-lanes of traffic, between 1-581 and Cove Road, which is
needed to improve traffic movement on this portion of Hershberger Road
for the next 20 years; that bids for the third segment of construction
have been received by the VDH&T and the apparent low bidder is Prilla-
man and Pace, Inc.; and this does not include widening of the bridges
which carry Hershberger Road over 1-581 which will be a separate
contract to be bid later by the VDH&T.
/
Mr. Herbert advised that the VDH&T is now ready to award the pro-
ject and begin construction of this segment of the roadway widening
project; that the City must execute the City-State Agreement before the
contract can be awarded by the Virginia Department of Highways and
Transportation; and the City's share of the cost for the project is
estimated at $604,415.57.
The City Manager recommended that Council approve the City-State
Agreement; authorize the City Manager, in a form acceptable to the City
Attorney, to execute the City-State Agreement on behalf of the City;
that funding for the project, in the estimated amount of $604,415.57,
(plus an additional $60,000.00 contingency) is available in the Streets
and Bridges Category of lg85 Series of Public Improvement Bonds
{Account No. A08310172802); and funding will be transferred to Hersh-
berger Road Highway Construction Account No. A08210191400, in the total
amount of $664,415.57.
(For full text, see report on file in the City Clerk's Office.)
Mrs. B~'~les offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27954) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
I
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 434.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ ---7.
NAYS: None -0.
Mrs. Bowles offered the following emergency Ordinance:
160
ACTION:
ACTION:
ACTION:
(#27955) AN ORDINANCE approving an agreement between the City and
the Virginia Department of Highways and Transportation for the improve-
ment of a portion of Hershberger Road, N. W., and providing for the
allocation of the City's share of the project costs; authorizing the
City Manager to execute said agreement on behalf of the City; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 435.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................. 7.
NAYS: None .......... -0.
COMMISSIONER OF REVENUE-MICROFILM-BUDGET: The City Manager sub-
mitted a written report concurring in a report of the Bid Committee
recommending the purchase of one new microfilm reader/printer and
storage cabinets from Eastman Kodak Company for the Commissioner of
Revenue's Office, in the amount of $10,351.65; that Council transfer
$10,351.65 from the Capital Maintenance Equipment Replacement Account
to Commissioner of Rever~ue Account No. A01123390005, to provide for the
above purchase; and that $1,170.00 be transferred from the Capital
Maintenance Equipment Replacement Account to Commisioner of Revenue
Account No. A011233300035, to allow the procurement of the equipment.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27956) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 436.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... .7.
NAYS: None .......
.0.
Mr. Trout offered the following emergency Ordinance:
(#27957) AN ORDINANCE accepting the bid of Eastman Kodak Company
made to the City for furnishing and delivering a microfilm reader/
printer and storage cabinet; rejecting all other bids made to the City;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 436.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ . .... 7.
NAYS: None ........
COUNCIL-EQUIPMENT: The City Manager submitted a written report
advising that as a part of the Mayor's State of the City Report deli-
vered on August 12, 1985, mention was made of improvements in the City
Council Chamber which would make the facilities more suitable and func-
tional; and included was the suggestion of an electronic voting system,
similar to those in use in other Virginia localities, to expedite the
conduct of meetings.
161
ACTION:
It was explained that the City Administration has performed preli-
minary studies into this area; and to consolidate their information
into a final proposal, a committee has been jointly appointed by the
Mayor and City Manager to prepare a report to Council for consideration
in the upcoming fiscal year 1986-87 budget year to consider alter-
natives and cost estimates for an electronic voting system and other
Council Chamber improvements.
It was noted that the committee includes Council member David A.
Bowers, City Clerk Mary F. Parker, and Director of Public Works
William F. Clark, with the Mayor and City Manager serving as ex-officio
members.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The
ACTION:
BUDGET-SALE/PURCHASE OF PROPERTY-AIRPORT: The City Manager sub-
mitted a written report advising that Council authorized the acquisi-
tion of the Barn Dinner Theater property pursuant to Ordinance No.
27810 on September 16, 1985; that the City closed on the property on
November 15, 1985; that the deed contained provisions for the lease of
the property by the former owner, Mr. William H. Price, for a period
beginning with the City's acquisition and ending on January 5, 1986;
that it was Mr. Price's intention to move the business, beginning on
the date, to a location in the downtown area; that there was no provi-
sion for an extension of the lease; that the lease contained a $1.00
lease fee for the term thereof; and the FAA grant will pay for moving
all of the theater equipment out of the old structure and into new
quarters for the theater or other location.
It was explained that the potential new downtown location, the old
Wood-Nichols Building, was found in December to require extensive reno=
vation before the stage elevator can be installed; that the potential
new owners of the theater business wish to investigate other new loca-
tions before making a move; that Mr. Price has requested an extension
of the original lease to March 31, 1986; that the City, according to
the FAA, may require the theater to vacate the structure immediately or
at some future date of the City's choice, and proceed to move the
theater equipment to storage, which will satisfy the federal require-
ments relating to moving a business displaced by a project involving
federal funds; that payment of storage costs and any future move of the
equipment would be the owner's responsibility; that Mr. Price's liabi-
lity insurance on the property, with the City listed as co-insured, is
in effect until April 1, 1986; that this is the policy required by the
City under the original lease; and the City administration feels the
lease should require a fee of $500.00 for January, $2,000.00 for
February, and $3,000.00 for March, with January and February fees due
by February 1, 1986, and March fees due by March 1, 1986, with lease
fees to be prorated if the theater moves before the end of the lease.
The City Manager recommended that Council authorize a 90 day
extension of the lease of the Barn Dinner Theater; authorize appropria-
tion of $5,500.00 of rent revenue funds so received to Airport Fund
Account No. A04511092501 Airport Five Year Capital Improvement Program
and to a revenue account to be established by the Director of Finance,
with the form of lease extension agreements to be as deemed appropriate
by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27958) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 437.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
162
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None .............................. O.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#27959) AN ORDINANCE authorizing an extension of the lease
agreement for the Barn Dinner Theater property to William H. Price upon
certain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 443.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None ........... O.
LEGISLATION-GRANTS-PLANNING: The City Manager submitted a writ-
ten report advising that the U. S. Congress appropriated $3.1 billion
to the HUD Community Development Block Grant Program, effective
October 1, 1985, which reflects an 11% reduction over fiscal year 1985
funds; that the Gramm-Rudman-Hollings bill will reduce the budgeted
amount for C.D.B.G. by an additional 11%; and the Reagan Administra-
tion, through the Office of Management and Budget, has decided to defer
spending $500 million of C.D.B.G. funds until fiscal year 1987; and
this action will mean only $2.6 billion or less is available nationally
for C.D.B.G. funding.
It was explained that HUD is advising its entitlement communities
to expect a C.D.B.G. allocation which is 30% less than fiscal year
1985; that the City of Roanoke would receive $1,271,300.00 for C.D.B.G.
under this scenario, beginning July 1, 1986; that this is $544,700.00
less than the City received for C.D.B.G. last year; that at present,
the City does not expect to lose funds appropriated in fiscal year
1985; that Congress could reject the deferral, but unlike a funding
rescission, Congress does not have to approve a deferral for it to take
effect, and if Congress does nothing, the deferral can 9o into effect;
that an anti-deferral resolution may be offered by Rep. Boland in the
House after Congress returns in two weeks and it requires disapproval
of only one house to end a deferral.
The City Manager recommended that Council adopt a Resolution
requesting our Federal elected officials to allow all appropriated
C.D.B.G. funds to be dispersed to localities as intended by Congress
and to not allow the Office of Management and Budget to defer the
spending of $500 million.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#27960) A RESOLUTION urging the President not to defer during
1986 the expenditure of portions of Community Development Block Grant
entitlement funds the City is scheduled to receive, and requesting the
City's congressional representatives to oppose such a deferral.
(For full text of Resolution, see Resolution Book No. 49, page 438.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... .7.
NAYS: None ........... O.
3.63
DIRECTOR OF FINANCE:
UDGET-HOUSING: The Director of Finance submitted a written
.B .... L_~ ~,, a-reement with the City of Roanoke, the Roanoke
V] Sl fl ~,lldL, u]
report aa . g ....... ~.~ ~,~hn ~tv administers a large seg~nt of the
Redevelopment and nuu~,-~ - ..... r
t Block Grant Program; that the Housing
City's Community Developme~ - ~--~n- the course of ~ts
~ · CO~ uu~ ~ . . · ' '
Authn ity receives ~rogra~ ~n ....... r~,e~ by receiving rena~
0
t tion loan repayments ~r~ ~- ~.._~. ~ h,,sin, loans are repaid; tha~
r~ a merits of loan loss reserve fu,u~ ~ ...... program income to
PY
the Housing authority is required to transfer this
the C~ty of Roanoke; and the City of Roanoke Js required to use the
income for a community development activity.
1t was explained that the Housing Authority has made payment to
the City, in the amount of $8,186.66 through December 31, 1985, for the
following category of program income:
$8,186.66 in Housing Rehabilitation Loan Loss
Reserve repayments received from lenders.
It was also explained that the Greater Roanoke Transit Company
manages the da~ly operation of the WJll~amson Road Parking Garage; that
et ~ncome o~ the WJlliamson Road Parking
~ nortion of the annual n ...... :ult of UDAG funding pro
~a~;ge Js considered program ~ncome a~ ~ -~ '
vided to construct the garage; that the Transit Company transfers these
· . . Citv of Roanoke is required by grant
. . a.a
agreemen~ to use ~nese Tunas ,u,
of program ~ncome for the year end~ng June 30, 1985, is $15,298.00.
Mr. Schlanger noted that the C~ty has received the following
m~ scell aneous program income:
$2,097.60 jn demolition and boarding up revenue
fr~ property owners whose dwellings were demo-
lished or boarded up with C.D.B.G. funds.
$333.33 representing the d~fference in the amount
previously appropriated as lease payments fr~
Cooper Industries and the actual revenue received.
$432.67 representing repayments of C.O.B.G. loans
to ~orthwest Neighborhood Environmental Organiza-
tion for the rehabilitation of 810 Loudon Avenue.
The Director of Finance recommended that Council appropriate a
total of $26,3~8.26 in program ~ncome received from the Ho~ing Autho-
rity and other sources as follows:
$8,186.66 to Account No. A35668500923, Unprogrammed
C.O.B.G. - Loan Loss Reserve. This amount will be
available for future appropriation transfers for a
co,unity development purpose.
$2,863.60 to Account No. A35668500925, Unprogra~ed
C.D.B.G. - Other. This amount w~11 be available
for future appropriation transfers for a co,unity
development purpose.
$15,298.00 to Account No. A35668500924, Unprogram-
me~ UDAG - WJllJamson Road Garage. This amount
will be available for future appropriation trans-
fers for housing rehabilitation-
(For full text, see report on file jn the City Clerk's Office.)
164
ACTION:
Mr. Garland offered the fo]lowing emergency budget Ordinance as
more fully explained above:
(#27961) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 438.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ _ ............... 7.
NAYS: None ............. O.
CITY ATTORNEY:
INSURANCE-LEGISLATION: The City Attorney submitted a written
report advising that at the January 6, 1986, meeting of City Council,
Council referred to the City Attorney a request that a resolution be
drafted calling to the attention of Skate legislators the insurance
crisis currently being faced by localities and requesting that the
General Assembly study this issue.
Mr. Dibling explained that the City of Roanoke has recently been
unable to obtain environmental impairment insurance and public offi-
cials liability insurance; that currently it is doubtful whether ade-
quate motor vehicle liability insurance can be obtained at a reasonable
premium; that all localities face shrinking insurance coverage at
rapidly escalating rates and many localities have been hard hit by
premium increases as high as 400 or more per cent.
The City Attorney explained that economic factors and losses by
parent insurers and reinsurers are partially to blame for the current
insurance crisis; that a legal system which has continuously expanded
liability and created uncertainty for insurers must also share in the
blame, and more specifically, the following legal factors have made
cities less attractive to insurers:
Expansion of legal liability of cities under
federal Civil Rights Acts and federal laws per-
mitting prevailing lawyers to recover their fees
from cities;
Threat of anti-trust litigation against cities in
their regulatory roles; and
Continued erosion of sovereign immunity on the
local level.
Mr. Dibling said that while the prospect of "going bare" obviously
threatens the financial well being of local governments and requires
the establishment cf self-insurance pools, there are also less obvious
problems which will have to be addressed; that insurance carriers have
traditionally provided services to local governments, such as the
investigation and adjustment and defense of claims; and local govern-
ments will now have to provide for investigation and adjustment of
numerous claims, and attorneys will be required to defend the claims.
Mr. Dibling pointed out that the insurance problems of localities
which will require additional expenditures for premiums, self-insurance
pools, claims handling and defense could not come at a worse possible
time; that the Gramm-Ruddman Federal Deficit Reduction Act will, if
fully implemented, virtually eliminate federal aid to localities over
the next five years; and at the same time, some legislators propose to
exacerbate an already bad situation by extending the Virginia Tort
Claims Act to local governments.
The City Attorney transmitted a measure to Council pointing out
the foregoing factors to the General Assembly, and requesting the
following action:
m
m
1'65
A study of tile current insurance crisis;
Defeat of proposed legislation which would extend
the Virginia Tort Claims Act to local governments;
and
ACTION:
ACTION:
Passage of legislation which would authorize the
Commonwealth's localities to self-insure as a group
for liability, property, health and other lines of
insurance coverage.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#27962) A RESOLUTION requesting the General Assembly to study
the insurance crisis currently being faced by the Commonwealth's loca-
lities; urging the General Assembly to defeat proposed legislation
extending the Virginia Tort Claims Act to localities; and supporting
passage of legislation which would authorize the Commonwealth's locali-
ties to self-insure as a group for liability, property, health and
other lines of insurance coverage.
(For full text of Resolution, see Resolution Book No. 49, page 439.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ........
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
.-INTROD~(~N~A~0 CONSIDERATION OF ORDINANC~S.A~ND RESOLUTIONS.:
ARCHITECTURAL REVIEW BOARD: Council having previously instructed
the City Attorney to prepare the proper measure urging developers of
property within the Old Southwest area of the City to be sensitive to
the historic and architectural characteristics of the neighborhood, Mr.
Garland offered the following Resolution:
(#27963) A RESOLUTION urging developers of property within the
Old Southwest area of the City to be sensitive to the historic and
architectural characteristics of the neighborhood.
(For full text of Resolution, see Resolution Book No. 49, page 440.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ --7.
NAYS: None .....
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:05 p.m., the Mayor declared the meeting in recess.
At 8:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
166
CELEBRATIONS (SPECIAL EVENTS): The Mayor advised that Council
previously agreed to appoint three additional members to the Special
Events Committee for terms ol~ one year each ending June 30 1986, and
called for nominations. '
Mrs. Bowles placed in nomination the names of Greg Feldman and
Boreham Johnson.
ACTION:
There being no further nominations, Greg Feldman and Boreham
Johnson were elected as members of the Special Events Committee for
terms of one year each ending June 30, 1986, by the following vote:
FOR MESSRS. FELDMAN AND JOHNSON: Council members Bowles, Garland,
Harvey, Musser, Trout, Bowers and Mayor Taylor .... --7.
HUMAN RESOURCES: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources created by the resignation of
Payton H. Moore for a term ending November 30, 1986, and called for
nominations to fill the vacancy.
ACTION:
Mr. Musser placed in nomination the name of Virginia K. Binder.
There being no further nominations, Virginia K. Binder was elected
as a member of the Advisory Board of Human Resources to fill the unex-
pired term of Payton H. Moore, resigned, ending November 30, 1986, by
the following vote:
FOR MS, BINDER: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ............ .7.
There being no further business, the Mayor declared the meeting
adjourned at 8:50 p.m.
APPROVED
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 21, 1986
2:00 p.m.
167
,!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 21, 1986, at 2:00 p.m., the regular
meeting hour, (Monday was the observance of the birthday of Dr. Martin Luther
King, Jr.) with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(i979), as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor ................. 7.
ABSENT: None-~ ...... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Joe Lindsoe,
Pastor, Melrose Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Patrick Henry High School
Patriots football team having won the 1985 Roanoke Valley District
Championship and completed regular season play undefeated, Mr. Bowers
offered the following Resolution recognizing and commending the team
and its coach Larry Wayne Carter:
ACTION:
(#2/964) A RESOLUTION recognizing and commending the outstanding
performance of the 1985 Patrick Henry High School Patriots football
team and coach Larry Wayne Carter.
(For full text of Resolution, see Resolution Book No. 49, page 443.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... -7.
NAYS: None O.
Mayor Taylor presented Coach Carter with a framed copy of the
Resolution and expressed congratulations on behalf of the City of
Roanoke.
Also attending the meeting were the following persons:
School Superintendent Frank P. Tota
Assistant Coaches Frank Dent and Joel Fraley and,
Team members Donald Crenshaw, Trae Dickerson, David Cobbs and
Jerome Stephens.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in tile forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss the disposition of
publicly held property; a personnel matter; and a prospective business
or industry where no previous announcement has been made.
168
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ANNUAL REPORTS-ZONING: An annual report of the Board of Zoning
Appeals for the year 1985, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None ..........
CIVIC CENTER: A report of qualification of John S. Edwards as a
member of the Roanoke Civic Center Commission to fill the unexpired
term of James M. Turner, Jr., resigned, ending September 30, 1987, was
before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... --7.
NAYS: None .............
TRAFFIC: A report of qualification of Harold S. Zimmerman as a
member of the City of Roanoke Transportation Safety Commission for a
term of four years ending October 31, 1988, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ........... . .... O.
HEALTH DEPARTMENT (MENTAL HEALTH SERVICES): A report of qualifi-
cation of Harriet M. McClung and Daniel E. Karnes as members of the
Mental Health Services Board of Directors for terms of three years each
ending December 31, 1988, was before the body.
(See Oaths or Affirmations of Office on file in the City Clerk's
Of fi ce. )
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ........ ,0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Stephen A. Hoover as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 16, 1988,
was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...................... 7.
NAYS: None .......
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None .............
O®
COUNCIL: A commu,lication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1o344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................ -7.
NAYS: None .......
COUNCIL: An oral request of the City Manager that Council convene
in Executive Session to discuss a prospective business or industry
where no previous announcement has been made, pursuant to Section
2.1-344 (a) (4), Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a prospective busi-
ness or industry where no previous announcement has been made, pursuant
to Section 2.1-344 (a) (4), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... 7.
NAYS: None ........
-0.
169
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY:
Mr. Alvin L. Nash, Director of Southwest Virginia Community Food Bank
and Energy Conservation Program, Total Action Against Poverty, appeared
before Council and presented the annual report of TAP for the year
1985.
(See statement on file in the City Clerk's Office.)
Mr. Garland moved that the statement be received and filed with
appreciation. The motion was seconded by Mrs. Bowles and unanimously
adopted.
170
ACTION:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ELECTIONS: The City Manager submitted a written report
advising that in October, 1985, voting machines, as required, were
moved to designated precincts to provide for the November elections;
and the November 4, 1985, flood damaged four voting machines, two
located at Wasena Precinct at the Transportation Museum and two located
at Jefferson #2 Precinct at the National Guard Armory.
It was explained that the machines were determined to be damaged
beyond repair and should be replaced; that the City currently carries
insurance for any damage to voting machines; and claim for replacement
was filed and a settlement of that claim has been received.
The City Manager recommended that Council concur in the replace-
ment of four voting machines which were destroyed by the flood; and
increase the revenue estimate for Insurance Recoveries Account No.
R01100505, by $5,482.00, and appropriate the same amount to Electoral
Board Account No. A01131090020, to provide for the purchase of replace-
ment voting machines.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27965) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 444.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................. --7.
NAYS: None .........
-0.
BUDGET-PUBLIC WORKS: The City Manager submitted a written report
advising that the November 4, 1985, flood caused considerable damage to
the City's Traffic Signal and Fire Alarm Systems and minor damage to
the street lighting system; that considerable work has been initiated
to make emergency repairs to various devices and some installations
have been restored to normal; and report of damages and work initiated
needs to be more precisely expressed and funding needs stated as
fol 1 ows: '
1. Traffic Signal System
23 installations damaged including five
controllers which will require complete repla-
cement
10 - 15 intersections out due to power
failures
52 school flashers required timing checks
171
2. Fi re A1 arm System
14 boxes flooded or submerged
e
Fire alarm terminal points flooded or sub-
merged
Street Lightin9 System
Only minor damage
The current situation was explained as follows:
Work has been completed as indicated
below at an estimated cost of $ 8,950.00
5 intersections
52 school flashers
12 fire alarm boxes
fi re al arm terminal points
Equipment has been returned to the
factory for evaluation, estimates,
and repairs with only partial reports
received on m~st items at an estimated
cost of
$ 6,000.00
Replacement parts required are esti-
mated to cost
$ 33,500.00
Miscellaneous expenses
$ 1,500.00
5 complete traffic signal controllers
must be replaced at an estimated cost
of
$ 65,000.00
Contingency
$ 10,050.00
Total $125,000.00
It was explained that all intersections are working or in partial
mode to normal with the following exceptions:
Williamson Road and Albemarle Avenue, S. E., on
flash until new controller can be ordered and
installed.
Orange Avenue and 13th Street, N. E., temporary
controller partially setting in sidewalk.
Funding availability is as follows:
Appropriate from Capital Maintenance
and Equipment Replacement Program
$ 4,742.00
Appropriate from other funds designa-
ted for Capital Replacement
$ 45,258.00
Appropriate from Bond Interest Funds
(Available $250,000) approved for
signal replacement
Total Signal & Alarm
Systems Appropriations
Requested
$ 75,000.00
$125,000.00
172
ACTION:
The City Manager reconwnended that Council appropriate $125,000.00
to a new account to be established by the Director of Finance in the
Capital Projects Fund to be called Flood '85, Signals and Alarms, in a
form suitable to the City Attorney and establish an account receivable
of 96% of $125,000.00 with a corresponding deferred revenue account.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowl es offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27966) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 444.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ........
ANIMALS: The City Manager submitted a written report advising
that on May 25, 1979, the City of Roanoke and the Roanoke Valley
Society for the Prevention of Cruelty to Animals entered into a written
agreement relating to the operation of an animal shelter by the Society
and the boarding, collecting of fees, and disposition of animals
impounded by the City; that the agreement was amended by Ordinance No.
25612 on June 12, 1981, to increase the monthly fee paid to the
S.P.C.Ao from $8/5.00 to the present fee of $1,700.00, plus reimbur-
sement of cost for distemper shots to all animals impounded by the
City; and additional services provided to the City by the S.P.C.A.
includes allocation of office space for City Animal Control personnel
and secure parking for City Animal Control vehicles at the S.P.C.A.
facility.
It was explained that the S.P.C.A. requests consideration for an
unspecified increase in monthly fees paid by the City to offset higher
cost of operation; that the City's percentage of shelter usage is
calculated at 44.83% of the total by the S.P.C.A.; that law requires
the City to retain custody of impounded animals for a minimum of five
days if not released to the owner, after which they are transferred to
Society custody for disposition; and 80% or 1,179 impounded animals are
held by the City for a full five days and 20% or 295 are released to
owners after an average three day impoundment.
It was further explained that fees paid to the S.P.C.A. by the
City during fiscal year 1984-85 are $21,860.00 for 1,474 impounded ani-
mals; and the S.P.C.A. estimates its cost at $6.82 per day for each
animal using total cost of operation with an average seven day stay per
animal as a base for calculations.
The City Manager reco~ended that Council approve an amendment to
the contractual agreement authorizing an increase in monthly fees paid
by the City from $1,700.00 to $3,400.00 to assume a more equitable
share of actual cost for services rendered; authorize the City Manager
to sign the amended agreement; appropriate $10,200.00 from Account
No. A01941032098 to Account No. A01353200010, to provide an increase of
$1,700.00, effective January I 1986, for the remainder of fiscal year
1985-86. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
m
ACTION:
ACTION:
ACTION:
(#2?967) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 445.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor. 7.
NAYS: None ...........
Mr. Harvey offered the following emergency Ordinance:
(#27968) AN ORDINANCE authorizing and providing for an amendment
to an agreement dated May 25, 1979, between the City of Roanoke and the
Roanoke Valley Society for the Prevention of Cruelty to Animals, in
order to increase the consideration paid by the City to the Society;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 446.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- 7.
NAYS: None .... O.
STATE HiGHWAYS-TRAFFIC-CAPITAL IMPROVEMENTS PROGRAM: The City
Manager submitted a written report advising that Council, at its
meeting on Monday, October 28, 1985, heard a request of Council member
David A. Bowers that the City Manager study the feasibility of adding
an additional westbound traffic lane to the portion of Brandon Avenue
between the lower Towers Mall access road and Main Street, S. W.
It was explained that Brandon Avenue is a four-lane roadway from
Colonial Avenue to the lower Towers Mall access road, then a three-
lane roadway to Malcolm Street (a distance of approximately 90 feet) at
which point it widens to become a four-lane roadway again.
Information was provided on traffic count, traffic volume, acci-
dent records, and Roanoke Valley Area 1975-1995 Transportation Plan in
which it was pointed out that the Plan indicates it would be desirable
to widen the segment of Brandon Avenue to a four-lane roadway with a
raised median, requiring a 90 foot right of way, however, this is a low
priority with respect to the State's Six-Year Improvement Program which
shows the City's current priorities for Hershberger Road, Peters Creek
Road Extension, and Franklin Road improvements.
It was pointed out that an additional lane is needed to provide an
acceptable level of service to motorists, although the lack of a
serious accident problem indicates that the project is not of an urgent
nature.
The City Manager recommended that he be authorized to include for
consideration in the next Capital Improvement Program, the construction
of an additional westbound traffic lane on Brandon Avenue between the
lower Towers Mall access road and Main Street, S. W., noting that
inasmuch as the needed improvements are not viewed to be of an urgent
nature, the project would be evaluated along with other long-term capi-
tal needs of the City for possible inclusion in the Capital Improvements
Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and unanimously
adopted.
173
174
ACT[ON:
ACTION:
BUDGET-AIRPORT: The City Manager submitted a written report
advising that Council authorized the execution of a Federal (FAA) Grant
on September 26, 1985, in the amount of $658,058.00; that the Virginia
Department of Aviation has approved grant funds, in the amount of
$82,~57.00, for the project; that the funds were not anticipated when
the original appropriation was made; and the City needs to execute the
Virginia Department of Aviation Grant prior to January 30, 1986.
The City Manager recommended that he be authorized to execute the
State Grant Agreement as appropriate; and appropriate the grant funds
to Account No. A04511093001; and deappropriate funds previously appro-
priated in the amount of $82,257.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27969) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 446.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser,
Garland and Mayor Taylor .........
NAYS: None .......
Trout, Bowers, Bowles,
Mr. Harvey offered the fo)lowing emer9ency Ordinance:
-0.
(#27970) AN ORDINANCE authorizing the appropriate City officials
to enter into a grant agreement with the Commonwealth of Virginia
Department of Aviation related to the Roanoke Regional Airport. and
providing for an emergency. '
(For full text of Ordinance, see Ordinance Book No. 49, page 447.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout,
Garland and Mayor Taylor .......
Bowers, Bowles,
NAYS: None ...... O.
LEGISLATION-PARKS AND PLAYGROUNDS: The City Manager submitted a
written report advising that Smith Mountain Lake was formed in the
1960's and contains 20,000 acres of water located in Bedford, Franklin
and Pittsylvania Counties; that in 1980 the lake served a population of
approximately 753,600 people and it is projected that in the year 2000
the lake will serve a population of approximately 832,000 people within
a one hour's drive; that Smith Mountain Lake State Park, located in
Bedford County, is the only major public recreation facility on the
lake; that the park, with 16 miles of lake-shoreline, contains boat
ramps, camp grounds, amphitheatre, trails, nature exhibits, visitor
center and related support facilities; that the Master Plan for the
subject park includes development of a beach and swimming area, similar
to those at Fairy Stone and Claytor Lake State Parks, with an estimated
total cost of $1 million and there are no developed swimming facilities
on the subject lake at this time.
It was explained that Bedford County has requested the neighboring
jurisdictions, including the City of Roanoke, to consider endorsement
of their efforts to obtain state funding for the development of the
proposed beach and swimming facilities at the Smith Mountain Lake
State Park; and the Cities of Bedford and Lynchburg, Counties of
Roanoke, Franklin and Campbell and the Town of Vinton have endorsed
their efforts.
ACTION:
ACTION:
ACTION:
The City Manager recommended that Council endorse the concept of
developing beach and swimming facilities at the Smith Mountain Lake
State Park and communicate same to the Bedford County Board of
Supervisors.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#27971) AN ORDINANCE endorsing the concept of developing
swimming facilities at Smith Mountain Lake State Park.
(For full text of Ordinance, see Ordinance Book No. 49, page 448.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............................... 7.
NAYS: None ........
-0.
PARKS AND PLAYGROUNDS-BRIDGES: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee, recommending
that Council award a lump sum contract to I. T. Verdin Company, in the
amount of $16,450.00, and a delivery time of seven weeks from notifica-
tion to proceed, to supervise the installation by others of the Hunter
Viaduct Park Clock, all work to be in accordance with the contract
documents as prepared by the Office of City Engineer; and that all
other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#27972) AN ORDINANCE accepting the bid of I. T. Verdin Company
for fabrication and delivery of a clock to be installed on public pro-
perty adjacent to the Hunter Viaduct, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 448.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None .........
--0o
Mr. Trout recommended that the City Manager provide Council with
cost estimates for appropriate landscaping in connection with installa-
tion of the clock.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke (1979),
establishing a procedure for the election of School Board Trustees, she
would like to inform the Council that the three year terms of Messrs.
Edwin R. Feinour and Briggs W. Andrews will expire on June 30, 1986;
that applications for the upcoming vacancies will be available in the
City Clerk's Office and will be accepted until 5:00 p.m., on Monday,
March 10, 1986, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
175
176
ACTION:
ACTION:
'ACTION:
DIRECTOR OF FINANCE:
FINANCIAL REPORTS:
the financial report
December, 1985.
The Director of Finance submitted a copy of
of the City of Roanoke for the month of
(For full text, see report on file in the City ClerkIs Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mrs. Bowles and unanimously adopted.
The
REPORTS OF COMMITTEES:
BUDGET-CITY GOVERNMENT: Council member Robert A. Garland, Chair-
man of the committee appointed by the Mayor to tabulate bids received
to fabricate and assemble the cast iron Sister Cities Fountain, pre-
sented a written report of the committee recommending the award of a
lump sum contract to Robinson Iron Corporation, in the amount of
$34,/50,D0, in accordance with contract documents for the project pre-
pared by the Office of City Engineer; and that Council approve the
appropriation and transfer of $60,000.00 from the C.M.E.R.P. fund to a
Capital Account to be established by the Director of Finance for the
project.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendations of
the Committee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#2?9?3) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 449.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............... 7.
NAYS: None ......... O.
Mr. Garland offered the following emergency Ordinance:
(#27974) AN ORDINANCE accepting the bid of Robinson Iron
Corporation of Alexander City, Alabama, to fabricate and assemble the
Sister Cities Fountain, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 450.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- .7.
NAYS: None ............
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of
the committee appointed by the Mayor to tabulate bids received for a
new concession stand and fishing pier at Carvins Cove Lake boat
launching area, submitted a written report of the committee recom-
mending that all bids be rejected, and that the staff be permitted to
down scale the project and rebid; noting that the need for the project,
primarily replacement of the concession stand and boat storage can be
met with a scaled down version; that the cost of the project needs to
177
be reduced; that funding for the project is inadequate at the current
scope and type of construction; that while the structure needs to be
made relatively vandal proof, different types of materials need to be
specified; and scope of the project is too large for the need and
funding.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#27975) A RESOLUTION rejecting all bids for construction of a
new concession stand and fishing pier at Carvins Cove.
(For full text of Resolution, see Resolution Book No. 49, page 450.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................... 7.
NAYS: None .... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 27950 rezoning a certain tract of land con-
taining approximately 0.15 acres, located at 2324 Orange Avenue, N. W.,
and designated as Official Tax No. 2321603, from C-1, General
Commercial District, to RD, Duplex Residential District, having pre-
viously been before the Council for its first reading on Monday,
January 13, 1986, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#27950) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 232, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 441.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................... 7.
NAYS: None ...........
SPECIAL PERMITS-PARKS-AIR RIGHTS-CIRCUSES: Ordinance No. 27952
providing for the use by Abel Holding Company, Incorporated, d.b.a.
Hamid Morton Circus and George Hamid, of certain City property
including air rights over Franklin Road and a portion of Elmwood Park
for an aerial exhibition in promotion of the Kazim Temple Shrine
Circus, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, January 13, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
[-~ hal ~ adoption:
~?~'-~""~(#27952')'~'~A~RDINANCE providing for the use of certain'City.-~6-;:~
perry including air rights over Franklin Road and a portion of Elmwood
Park for an aerial exhibition in promotion of the Kazim Temple Shrine
Circus, upon certain terms and conditions.
(For.full text of Ordinance, see Ordinance Book No. 49, page 442.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
178
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None
PURCHASE/SALE OF PROPERTY-AIRPORT: Ordinance No. 27959 authoriz-
ing an extension of the lease agreement for the Barn Dinner Theater
property to William H. Price upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
January 13, 1986, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#27959) AN ORDINANCE authorizing an extension of the lease
agreement for the Barn Dinner Theater property to William H. Price upon
certain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 443.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... -7.
NAYS: None ................... -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
PARKS AND PLAYGROUNDS: The Mayor advised that there is a vacancy
on the Mill Mountain Development Committee created by the resignation
of Charles N. Freeman for a term ending June 30, 1986, and called for
nominations to fill the vacancy.
ACTION:
Mr. Garland placed in nomination the name of Carl H. Kopitzke.
There being no further nominations, Carl H. Kopitzke was elected
as a member of the Mill Mountain Development Committee for a term
ending June 30, 1986, by the following vote:
FOR MR. KOPITZKE: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor ....... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:25 p.m.
APPROVED
City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 27, 1986
2:00 p.m.
179
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 27, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
a ' of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II and Mayor
Noel C. Taylor ................................................. 7.
ABSENT: None ..............
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend William K.
Smithwick, Chaplain, Virginia Baptist Children's Home.
The Pledge of Allegiance to the Flag of the United States of A~nerica
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for Aviation Drive widening, said proposals to be received by the City
Clerk until 1:30 p.m., on Monday, January 27, 1986, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
Virginia Asphalt Paving Company, Inc.
Adams Construction Company
L, H. Sawyer Paving Company, Inc.
S. R. Draper Paving Company, Inc.
Rohan Construction, Inc.
$184,857.10
185,222.51
193,252.98
204,266.31
285,873.68
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss matters relating to disposi-
tion of publicly held property.
180
MINUTES: Minutes of the regular meeting of Council held on
Monday, December 23, 1985, and the special meeting held on Friday,
January 3, 1986, were before the body.
(For full text, see ~ninutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor--- .--7.
NAYS: None-- O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss the disposition of publicly held property,
pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss the disposition of publicly
held property, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None ...........
HEALTH DEPARTMENT (MENTAL HEALTH: A communication from Mr.
Raymond R. Robrecht tendering his resignation as a member of the Board
of Directors of Mental Health Services of Roanoke Valley, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...................... 7.
NAYS: None ...........
ROANOKE ARTS COMMISSION: A communication from William G. Kuthy
tendering his resignation as a member of the Roanoke Arts Commission,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... 7.
NAYS: None .........
'-0.
ROANOKE ARTS COMMISSION: A communication from Mr. Robert B.
Sears, Secretary, Roanoke Arts Commission, advising of the resignation
of Mr. Timothy W. Ashton as a member of the Commission, was before
Counci 1.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............. 7.
NAYS: None ....
DIRECTOR OF FINANCE-BUDGET: A report of the Director of Finance
transmitting statistics related to the Billings and Collections opera-
tions for the period October through December, 1985, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- .-7.
NAYS: None ........
AIR POLLUTION: A report of qualification of Ruskin P. Arnold as a
member of the Advisory and Appeal Board, Air Pollution Control, for a
term of four years ending December 31, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor-- - .................. 7.
NAYS: None---
-0.
COUNCIL: An oral request of the City Manager that Council convene
in Executive Session to discuss a matter relating to disposition of
publicly held property, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
disposition of publicly held property, pursuant to Section 2.1-344
(a) (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .-7.
NAYS: None .......
181
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
182
ACTION:
A354808 - $7,000.00 for the Writer in Residence
program for the enhancement of the
district's writing program by bringing
experts into the schools for student
workshops. The program is funded in the
amount of $2,000.00 from federal funds,
with the balance of $5,000.00 local match
to be taken from Account No. A01-6103-
302-29.
A354920 - $5,280.00 for the 28th Virginia Regional
Spring Science Fair which is being hosted
by Roanoke City. School districts will
contribute $3,680.00 toward the cost of
the fair, with a local match of $1,600.00
to be taken from Account No. A01-6103-
301-25.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of grants and other funds; that the Writer
in Residence Program will be provided by federal funds and a local
match; that funding for the Regional Science Fair will consist of local
funds and contributions from other school districts; and recommending
that Council concur in the request of the School Board, was also before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(~27976) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 451.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers,
Harvey and Mayor Taylor .........
NAYS: None ........
REPORTS OF OFFICERS:
Bowles, Garland,
.0.
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-LEGISLATION: The City Manager submitted a writ-
ten report in connection with police pursuit of fleeing motorists.
The City Manager advised that a 1983 Joint Subcommittee studying
the advisability of high speed chases concluded there was no need
legislatively, to eliminate police pursuit; that the Roanoke Police
Department written policy on pursuit of fleeing vehicles is adequate
and is equal or exceeds in detail and restrictions those policies
reviewed in the report; that appropriate consideration for the govern-
ment's responsibility for public safety and law enforcement is embodied
in Roanoke's current policy; and Roanoke's pursuit policy and proce-
dures were followed during the September 6, 1985, incident in which
police pursued a stolen vehicle.
The City Manager recommended that Council request the City's State
legislative delegation to sponsor a bill in the General Assembly to
adopt legislation, previously recommended in House Document No. 30,
1983, which would do the following:
183
Create a rebuttable presumption that the owner of a
vehicle was the driver at the time of an attempted
flight from police.
Impose a mandatory ninety day license suspension
whenever the accused, in attempting to flee,
exceeds the maximum speed limit by fifteen miles
per hour or more.
i
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation.
motion was seconded by Mr. Trout and unanimously adopted.
The
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
has submitted Fiscal Year 1985 Annual Settlements for the following
grants:
JTPA Administrative Cost Pool
JTPA Title II-A Program
Dislocated Worker Program
Employment Services Program
It was explained that the City of Roanoke is the grant recipient
for Consortium funding; that Council must appropriate the funds for all
grants the Consortium receives; that the Annual Settlements have been
accepted by the grantor agencies; and Council action is necessary to
appropriate carryover funds and deobligate other funds.
The City Manager recommended that Council deobligate the Consort-
tium's net funding adjustments of $131,912.00, and decrease the total
revenue estimate by $131,912.00:
Deobligate $21,522.00 from the FY '85 Administra-
tive Cost Pool (A34-8560-999-99) and decrease the
FY '85 revenue estimate $21,522,00 (R34-8501-60).
Deobligate $426,057.00 from the FY '85 Title II-A
Program (A34-8561-999-99) and decrease the revenue
estimate $426,057.00 (R34-8501-61).
Deobligate $201,168.00 from the FY '85 Dislocated
Worker Program (A34-8570-999-99) and reduce the re-
venue estimate $201,168.00 (R34-8503-70).
Deobligate $2,103.00 from the FY '85 Employment
Services Program (A35-5203-802-01) and reduce the
revenue estimate $2,103.00 (R35-5202-50).
Appropriate $21,522.00 to the FY '86 Administrative
Cost Pool (A34-8660-999-99) and increase the reve-
nue estimate $21,522.00 (R34-8601-60).
Appropriate $426,05/.00 to the FY '86 Title II-A
Program (A34-8661-999-99) and increase the revenue
estimate $426,057.00 (R34-8601-61).
Appropriate $71,359.00 to the FY '86 Title II-B
Program (A34-8566-999-999) and increase the revenue
estimate by $71,359.00 (R34-8501-67).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27977) AN ORDINANCE to amend and reordain certain sections of
· ~thef1985-~46~Fifth District Consortium Fun(l~,an~ G{ant~ Fund Appropria-
(For full text of Ordinance, see Ordinance Book No. 49, page 452.)
184
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None .................. O.
MISCELLANEOUS: The City Manager presented a news release advising
that weather predictions for the night of Monday, January 27, 1986,
indicate that the chill factor may reach -35, a dangerous level; that
in order to assure that citizens are protected against hazards from the
cold, the City of Roanoke has established a hotline number which is
981-2245, and he urged that citizens call that number if they have need
of emergency fuel, overnight shelter, or other emergency assistance.
He said the hotline number is operated by the Social Services
Department 24 hours a day.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Board
Trustees, she would like to inform the Council that the three year
terms of Messrs. Edwin R. Feinour and Briggs W. Andrews will expire on
June 30, 1986; that applications for the upcoming vacancies will be
available in the City Clerk's Office and will be accepted until
5:00 p.m., Monday, March 10, 1986, was before Council.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:25 p.m., the Mayor declared the meeting in recess.
At 3:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ACTION:
UNITED STATES CONFERENCE OF MAYORS: The Mayor presented a state-
ment with regard to the Mid-Winter Meeting of the U. S. Conference of
Mayors which was held in Washington D. C., on January 22 - 24, 1986.
(For full text, see statemem: on file in the City Clerk's Office.)
Mr. Harvey moved that the statement be received and filed with
appreciation. The motion was seconded by Mr. Garland and unanimously
adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:00 p.m.
APPROVED
ATTEST: ~~
City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 3, 1986
7:30 p.m.
185
The Council of the City of Roanoke met in regular meeting in the Fallon
Park Elementary School Gymnatorium, 502 19th Street, S. E., City of Roanoke, on
Monday, February 3, 1986, at /:30 p.m., with Mayor Noel C. Taylor presiding,
pursuant to Rule 1, Re§ular Meetings, of Section 2-15, Rules of Procedure, Code
of the City of Roano~-~ (1979), as amended, and pursuant to Resolution No. 27844,
adopted by the Council on October 14, 1985.
PRESENT: Council members James O. Trout, David A. Bowers, Robert A.
Garland, Howard E. Musser and Mayor Noel C. Taylor--- .5.
II
ABSENT:
Council members Elizabeth T. Bowles and James G. Harvey,
----------2.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. J~arker, City Clerk.
The meeting was opened with a prayer by The Reverend Steve A. Spangler,
Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor introduced Mr. Winston Ayoki, Director of the Technical
Institute, Kisumu, Kenya.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that a)l matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter involving disposition of publicly
held property.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ......... 5.
NAYS: None ......
(Council members Bowles and Harvey were absent.)
PENDING ITEMS: A list of items pending from July 10, 1978,
through January 27, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
186
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Tayl or ..................... 5.
NAYS: None ...........
(Council members Bowles and Harvey were absent.)
AIR POLLUTION CONTROL: A report of qualification of Versal R.
Dearing as a member of the Advisory and Appeal Board, Air Pollution
Control, for a term of four years ending December 31, 1989, was before
the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES:
Tayl or---
Council members Trout, Bowers, Garland, Musser and Mayor
5.
NAYS: None .........
-0.
(Council members Bowles and Harvey were absent.)
COUNCIL: An oral request of the City Manager that Council convene
in Executive Session to discuss a matter involving disposition of
publicly held property, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ....... --5.
NAYS: None ........
(Council members Bowles and Harvey were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE,
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SCHOOLS: The City Manager submitted a written report reserving
space for a briefing on the Community Education Program at Fallon Park
Elementary School.
Mr. James D. Ritchie, Director of Human Resources, advised that
with the cooperation of the Roanoke City School Administration, the
City of Roanoke is able to utilize Fallon Park Elementary School after
school hours for the benefit of the community. He said the key to the
success of the program is a very active advisory board which is made up
of citizens of southeast who make the decisions on what programs will
take place in the school. He introduced Mr. Steve A. Spangler, Chair-
man of the Community Education Advisory Board.
ACT[ON:
Mr. Spangler advised that the Community Education Program has
taken off in the last three years with a board of approximately 24 mem-
bers involving people from all walks of life, members of the community,
etc., and in the last calendar year alone approximately 2000 volunteer
hours were worked by Board members and individuals who assisted with a
variety of programs. He said activities include programs in coopera-
tion with the Community College and other agencies, boards and groups
in southeast. He referred to an after school program that has met with
a measurable amount of success which is recognized throughout the state
and has served to help many young people on a regular afternoon basis
at least once a week to involve them in not only what is going on in
southeast but what is available to them in other parts of the community
and, in some cases, other parts of the state. He stated that not only
do the children benefit from community education, but the entire com-
munity benefits in two ways: (1) through programs that are needed in
the community, and, (2) not only southeast community citizens par-
ticipate in the programs but people from all over the valley come to
southeast and in doing so they see that the myths are not true and that
the realities of southeast are pluses rather than minuses. Reverend
Spangler concluded by advising that this is the only agency that works
between the School Board and the City Administration and they are proud
to serve in that function.
Mr. Garland moved that the oral report be received and filed. The
motion was seconded by Mr. Musser and adopted.
ITEMS RECOMMENDED FOR ACTION:
PLANNING-GRANTS: The City Manager submitted a written report
advising that Council appropriated Community Development Block Grant
funds for fiscal year 1985-86, in the amount of $220,900.00, for the
Gainsboro Grant Program which the Redevelopment and Housing Authority
is administering; that the program was to make repairs up to $15,000.00
for plumbing, heating, electrical and other major systems; that citi-
zens and Gainsboro PAC/GNDC have requested that the Gainsboro Program
for fiscal year 1985-86, funds now depleted, receive a transfer of
$203,354.00 from other Gainsboro Housing Revitalization Strategy
programs; viz: Gainsboro Urban Homesteading, Gainsboro Revolving Loan,
Gainsboro Relocation and others; and the Housing Authority has recom-
mended use of funds for additional Gainsboro grants.
It was explained that funds budgeted for Gainsboro Grant Program
fiscal year 1985-86 were spent or obligated in the early part of the
year; that $203,354.00 remains unobligated in less critically needed
Gainsboro Housing Revitalization Strategy programs; and the $203,354.00
of unobligated funds in Gainsboro Housing Revitalization Strategy
Program accounts exist in two forms: $776,954.00 in Housing Authority
contract and $26,400.00 in City Gainsboro Program accounts not in the
Housing Authority contract.
Mr. Herbert advised that an amendment to the Housing Authority
contract would combine funds currently in the Housing Authority
contract with funds in the City Gainsboro programs accounts to amount
to a transfer of $203,354.00 to Gainsboro Grant Program; that the
$203,354.00 transfer would be added to the balance of $4,278.00 in the
Gainsboro Grant program account to equal a balance after the realloca-
tion of $20/,632.00; and reallocation of funds would be structured as
follows:
Current Balance After
~alance Reallocation
Gainsboro Grant
(RRHA)
Urban Homesteading
(RRHA)
Revolving Loan
(RRHA)
Gainsboro Vacant Lot Homesteading
(City)
Gainsboro Acq. Demo. Relocation
(RRHA)
Gainsboro Water & Sewer Connection
(City)
Gainsboro Rental Rehab
(RRHA)
$ 4,278.30 $207,632.30
78,500.00 20,000.00
102,454.00 25,000.00
19,400.00 2,000.00
20,000.00 0.00
9,000.00 0.00
36,000.00 15,000.00
187
188
ACTION:
ACTION:
It was noted that the Community Development Block Grant regula-
tions require the C.D.B.G. program to be amended and that affected
citizens be notified to fulfill the above request and recommendation;
and the Community Development Block Grant Citizens Participation Plan
requires that a public hearing be held.
The City Manager recommended that Council schedule a Community
Development Block Grant' public hearing on Tuesday, February 18, 1985,
at 2:00 p.m.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager and that a public hearing be held at 2:00 p.m., on
Tuesday, February 18, 1985. The motion was seconded by Mr. Garland and
adopted.
BUDGET-EQUIPMENT-CLERK OF CIRCUIT COURT: The City Manager sub-
mitted a written report advising that on August 27, 1984, Council
designated funds in the Capital Maintenance and Equipment Program to
refurbish and reindex land records indexes in the Clerk of Circuit
Court's Office; that on October 15, 1984, bids were received to
contract for this service over a two year period, at a total cost of
$95,262.00; that on November 5, 1984, Council approved the contract and
appropriated $52,000.00 for the first year's cost; and on October 21,
1985, Council designated funds in the Capital Maintenance and Equipment
Replacement Program to provide for the second year increment to reindex
land record indexes at the contracted cost of $43,262.00; and
appropriation of funds is necessary to complete the second and final
portion of the reindexing requirements.
The City Manager recommended that Council appropriate $43,262.00
from the Capital Maintenance and Equipment Replacement Program to the
Clerk of Circuit Courts Account No. A01211120010, which will allow Cott
Reindexing Company to provide the second increment of reindexing gran-
tor indexes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#279/8) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 453.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ....... -5.
NAYS: None .......
(Council members Bowles and Harvey were absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-CITY INFORMATION SYSTEM: The Director of
Finance submitted a written report advising that the current accounting
software system was purchased and installed in fiscal year 1975; that
the systmm has become outdated and has limited capabilities; that funds
were provided in the current fiscal year budget to purchase a new mana-
gement information accounting software system; that this system would
have extensive capabilities and form the nucleus of a financial manage-
ment system for the City; that it would process transactions more effi-
ciently, enhance management information and contribute significantly
to cost avoidance in the future; and requests for proposals were mailed
to sixteen vendors and also advertised in the newspaper.
ACTION:
The Director of Finance recommended that Council authorize the
City Manager to enter into a contract, in a form acceptable to the City
Attorney, with American Management Systems, Inc., for $125,000.00 for
the purchase and implementation of an accounting software system;
advising that funding is available in the Internal Service Fund in City
Information Systems' budget, Account No. A06160190020.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#27979) AN ORDINANCE accepting the proposal of American Manage-
ment Systems, Inc. for providing and implementing an accounting soft-
ware system, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requi-
site contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 453.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ...................... ---5.
NAYS: None .......
(Council members Bowles and Harvey were absent.)
REPORTS OF COMMITTEES:
ANNEXATION/CONSOLiDATION: Council member Howard E. Musser, Member
of the Water Resources Committee, presented a written report of the
committee recommending that Council state its approval to a boundary
line adjustment to make property identified as Official Tax No.
3331101 a part of the Town of Vinton and no longer a part of the City
of Roanoke, providing the Town of Vinton and Roanoke County jointly or
in agreement prepare the necessary legal documents, subject to the
approval of the City Attorney, to effectuate the boundary line adjust-
ment.
It was noted that the property in question is owned by Mr. and
Mrs. Harold C. Fisher, 427 8th Street, S. E.; that the 1949 annexation
placed the property approximately one-half in Roanoke City and one-half
in Roanoke County/Town of Vinton; that the City assesses taxes on one-
half of the property and Roanoke County/Town of Vinton assess taxes on
the other half; and the Fishers state they receive the following ser-
vices from the Town of Vinton:
School - Two children in the llth grade at William
Byrd High School and one child in the loth grade at
William Byrd High School
Refuse collection
Water and sewer service
Police and Fire - Unknown, but since the dwelling
has a Vinton address, the response would likely be
from Vinton.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#27980) AN ORDINANCE authorizing and directing the Mayor to exe-
cute a certain agreement between the City of Roanoke, the Town of
Vinton and Roanoke County relating to the boundary line between the
City and Town and County; directing the City Clerk, with the Town Clerk
189
190
ACTION:
ACTION:
of Vinton and the Clerk of the Board of Supervisors, to subscribe to a
certain advertisement required by law relatin9 to such agreement;
authorizing the City Attorney to petition the Circuit Court for such
boundary line adjustment; directing that certain other actions relating
to such boundary line be taken as provided by law; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 454.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES:
Taylor ....
Council members Trout, Bowers, Garland, Musser and Mayor
NAYS: None ............... O.
(Council members Bowles and Harvey were absent.)
AIRPORT-CITY PROPERTY: Council member Howard E. Musser, Member
of the Water Resources Committee, presented a written report of the
committee recommending that Council authorize the demolition and remo-
val of the Barn Dinner Theater immediately upon its being vacated by
the current tenants.
A staff report noted that the Barn Dinner Theater was acquired by
the City with the closing on November 15, 1985; and Grant No. AIP
0045-05 contained funds for the demolition and removal of the struc-
ture, with the removal accomplishing the following:
elimination of future maintenance problems on sub-
standard structure;
elimination of difficulties of dealing with ten-
ants, bidding procedures, etc.;
elimination of liability;
elimination of concentration of people near runway.
It was explained that income from any potential future lease of
the structure would probably not pay the cost of maintenance as the
structure was not built to meet current standards and much needed main-
tenance has been put off.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the recommendation of the
Water Resources Committee. The motion was seconded by Mr. Garland and
adopted.
WATER DEPARTMENT: Council member Howard E. Musser, Member of the
Water Resources Committee, presented a written report of the committee
advising that bulk sale of water by the City of Roanoke to Roanoke
County was approved in the Water-Sewer Contract between the two govern-
ments dated August 13, 1979; and Roanoke County may request bulk water
connections to water lines owned by the City of Roanoke in Roanoke
County per the Water-Sewer Contract.
It was explained that Roanoke County and Botetourt County have
cooperated in planning a joint community development project for a
multi-phased neighborhood improvement program in the Hollins community;
that Hollins Community residents have formed the Hollins Community
Development Corporation for planning, funding assistance and water
system operation; that the source of water is needed for this project
because wells in the area are inadequate and do not produce water
meeting federal and state drinking water standards; that Roanoke City
has recently constructed a one million gallon storage tank to replace
the old 150,000 gallon Hollins storage tank adjacent to the Hollins
community; and Roanoke County has requested approval to purchase from
Roanoke City the bulk water necessary to sell to the Hollins Community
Development Corporation for this project.
191
On behalf of the Water Resources Committee, Mr. Musser recomnended
that Council authorize bulk water purchase by Roanoke County, in
accordance with the 1979 agreement for use of the Hollins Community
Development Corporation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
ACTION:
(#27981) AN ORDINANCE authorizing and approving the sale of bulk
water from the City to Roanoke County for use by the Hollins Community
Development Corporation upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 455.)
Mr. Musser moved-the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council member~ Trout, Bowers, Garland, Musser and Mayor
Taylor .............. 5.
NAYS: None .........
(Council members Bowles and Harvey were absent.)
BUDGET-SEWERS AND STORM DRAINS: Council member Howard E. Musser,
Member of the Water Resources Committee, presented a written report of
the committee recommending that Council authorize the acquisition of
necessary easements for the Mud Lick Creek Sanitary Sewer Replacement,
Phase I and Phase II, by providing for the expenditure of funds for
those parcels which must be purchased at appraised fair market value,
and providing for the City Attorney to have authority to institute con-
demnation proceedings, as necessary, for the subject property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#27982) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 456.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Tayl or ........ 5.
NAYS: None ..............
(Council members Bowles and Harvey were absent.)
Mr. Musser offered the following emergency Ordinance:
!
ACTION:
(#27983) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Mud Lick Creek
Sanitary Sewer Replacement Project, Phase I and Phase II; authorizing
the City Manager to fix to a certain limit the consideration to be
offered by the City for each parcel; providing for the City's acquisi-
tion of such real estate by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a right of entry
on any of the parcels for the purpose of commencing the project;
directing the mailing of this ordinance to the property owners; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 456.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
192
ACT[ON:
AYES:
Taylor---
Council members Trout, Bowers, Garland, Musser and Mayor
NAYS: None .................. O.
(Council n~mbers Bowles and Harvey were absent.)
CITY PROPERTY-SPECIAL PERMITS-STREETS AND ALLEYS: Council member
Howard E. Musser, Member of the Water Resources Committee, presented a
written report of the committee recommending that Council authorize the
appropriate City officials to execute a revocable permit allowing the
columns on Lot 3, Loblolly Hill to remain immediately behind the curb,
with the form of encroachment permit, including indemnity clauses, to
be as set forth by the City Attorney.
It was explained in a staff report that Mr. and Mrs. Robert G.
Garrett built a residence in 1985 on Lot 3, Loblolly Hill; that
included in their improvements, but within the street right of way were
two columns, approximately six feet tall, three feet square, one on
either side of their driveway entrance; that these columns are located
adjacent to the back of the curb, one 8.3 feet and one 10.8 feet into
the street right of way; that this constitutes an encroachment on
public property; that Mr. and Mrs. Garrett have requested a permit from
Council to allow the columns to remain in place; that the Engineering
Department and Community Planning refuse to release the subdivision
bond until the columns are removed, moved back onto the property, or
granted a revocable permit by Council; that the columns, in their pre-
sent location, are potentially hazardous to the public, and large,
solid masonry fixed objects this close to the travelled portion of a
public street (2.5 feet from the pavement) present a hazard to
motorists.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#27984) AN ORDINANCE permitting certain encroachments over and
into the right-of-way of Loblol)y Lane, S. W., for two brick columns on
the sides of the driveway serving a residence at 3520 Loblolly Lane,
S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 461.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ....... 5.
NAYS: None ........
'-0.
(Council members Bowles and Harvey were absent.)
PARKS AND PLAYGROUNDS-CITY PROPERTY-RADIO/TELEVISION: Council
member Howard E. Musser, Member of the Water Resources Committee, pre-
sented a written report of the committee, recommending that Council
authorize the extension of the lease agreement with the Blue Ridge
E.T.V. Association for a five acre tract of land in Fishburn Park, for
an additional ten year term beginning on April 15, 1985, and ending on
April 14, 1996, for a lease fee of $1.00 per annum.
It was explained in a staff report that Council, pursuant to
Ordinance No. 17107, adopted on July 11, 1966, authorized the lease of
five acres of City-owned property in Fishburn Park and the Old City
Farm (now Virginia Western Community College), and a 1.39 acre strip of
land for an access road, to the Blue Ridge E.T.V. Association; and the
term of the lease was twenty years, beginning on April 15, 1966, and
ending on April 14, 1986, with an option to extend the lease upon
expiration of that term for an additional ten year term.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
ACT[ON:
ACTION:
ACTION:
(#27985) AN ORDINANCE authorizing and providing for an extension
of the lease agreement with the Blue Ridge E.T.V. Association for a
five-acre tract in Fishburn Park, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 462.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ............... .-5.
NAYS: None .................................
(Council members Bowles and Harvey were absent.)
APPALACHIAN POWER COMPANY-EASEMENTS: Council member Howard E.
Musser, Member of the Water Resources Committee, presented a written
report of the committee recommending that Council authorize the Mayor
to execute an easement document provided by Appalachian Power Company
on the City's property containing the Williamson Road Municipal Parking
Garage, for the purpose of installing electric power distribution lines
to serve the parking garage.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#27986) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 49, page 462.)
The motion was seconded by Mr. Garland and adopted by the.
following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ....... -5.
NAYS: None .........
Oe
(Council members Bowles and Harvey were absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council member
Howard E. Musser, Member of the Water Resources Committee, presented a
written report of the committee recommending that Council authorize the
appropriate City officials to exercise the City's option and acquire
property identified by Official Tax No. 4010209 from Evelyn Malouf
Silek and Joseph K. Silek, Sr., for $27,230.00 ($28,000.~0 less the
$1,000.00 option fee plus $230.00 recordation costs), and amend the
City's lease with Allright Virginia Parking, Inc., for the Vi'aduct
Parking Lots to include the subject tract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#27987) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 457.)
Mr. Musser n~ved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Counctl members Trout, Bowers, Garland, Musser and Mayor
Taylor ......... 5.
NAYS: None .........
(Council members Bowles and Harvey were absent.)
Mr. Musser offered the following emergency Ordinance:
193
194
ACTION:
ACTION:
ACTION:
(#27988) AN ORDINANCE authorizing the City's acquisition of part
of Lot 43 and Lot 44, Ward 5, Map of Roanoke Land and Improvement
Company, bearing Official Tax No. 4010209 upon certain terms and con-
ditions; authorizing the leasing of the purchased property; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, Pa9e 458.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ................. -5.
NAYS: None ...... O.
(Council members Bowles and Harvey were absent.)
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids
received for storm drain repair in Campbell Avenue at Williamson Road,
S. E., presented a written report of the committee recommending award
of a lump sum contract, in the amount of $34,900.00 and thirty con-
secutive calendar days to Dixon Contracting, Inc.; establish a con-
tingency amount of $2,100.00, for a total project amount of $37,000.00;
and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#27989) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 458.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor .......... -5.
NAYS: None ........
(Council members Bowles and Harvey were absent.)
.0.
Mr. Garland offered the following emergency Ordinance:
(#27990) AN ORDINANCE accepting the bid of Dixon Contracting,
Inc., for repairs to the storm drain in Campbell Avenue at Williamson
Road, S. E., upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 459.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Taylor ......... 5.
NAYS: None ....
Oe
(Council members Bowles and Harvey were absent.)
BUDGET-SEWERS AND STORM DRAINS-WATER DEPARTMENT: Council member
Robert A. Garland, Chairman of the committee appointed by the Mayor to
tabulate bids received for repair of a retaining wall at the Water
Pollution Control Plant and related work, presented a written report of
the committee recommending that the City Manager be authorized to enter
195
ACTION:
into a contractual agreement with Big Stone Quarry Corporation, in the
amount of $13,640.00 and thirty consecutive calendar days; establish a
project account, in the amount of $15,000.00 from the Flood Repair
Account No. A03511091497, contract amount of $13,640.00 and a con-
tingency amount of $1,360.00; and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#27991) AN ORDINANCE accepting the bid of Big Stone Quarry
Corporation, for the repair of a retaining wall at the Water Pollution
Control Plan and related work, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 460.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Garland, Musser and Mayor
Tayl or ........ ----5.
NAYS: None .............
(Council members Bowles and Harvey were absent.)
UNFINISHED BUSINESS: NONE.
-0.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: The following persons appeared before Council and
expressed various concerns:
Mr. J. R. Richardson, Route 3, Box 121, Roanoke,
addressed the matter of debris blowing onto his
property and surrounding property from townhouses
located on Belle Avenue. He said efforts to reach
a solution to the problem with owners of the town-
houses have been unsuccessful and requested that
the City install a buffer between the townhouses
and residential homes, such as a chain link fence.
He also inquired about the possibility of the City
installing a dumpster for use by residents of the
townhouses.
Mr. Hazze11 A. tlale, 2729 Idlewild Boulevard,
N. E., requested that lights be installed around
the new tennis courts in Thrasher Park and that
more lights be installed around the meeting loca-
tion of the Wildwood Civic League in Thrasher Park.
He inquired about the status of a traffic signal
which was previously requested by the Wildwood
Civic League at the intersection of King Street,
N. E., and Route 460. He called attention to a
dangerous intersection and speeding in the vicinity
of King Street, Route 460 and Orange Avenue.
Mr. Gary Foutz, 1020 Morgan Avenue, S. E., addres-
sed the matter of illegal parking and drinking in
the area of 9th Street and Morgan Avenue. He
called attention to a vacant lot which was pre-
viously cleared of debris, but is currently
reverting to its previous condition. He complained
196
of parking in no parking zones.and parking in the
vacant lot and requested that the City en, force
existing laws pertaining to illegal parking.
Mr. Hillary Lantz, representing the Southeast
Action Forum, expressed concern over the lack of
Community Development Block Grant funds for the
southeast section of the City. He addressed the
matter of substandard dwellings in southeast and
soutl~west (Hurt Park); illegal parking of automobi-
les in the parks and the need for installation of
posts to prevent vehicles from parking on the
grass; an increase in the fine for illegal parking
from the current $10 to a range of between $50 and
$100; poor condition of sidewalks; and sidewalks
being used as an area for parking of vehicles due
to lack of curbs.
Mr. Roy Stroop, 723 Mecca Street, N. E., reiterated
the concerns expressed by Mr. Richardson regarding
debris in his neighborhood and surroundin9 areas
from the townhouses on Belle Avenue.
Mr. William Vaughan, 1139 Murray Avenue, S. E.,
expressed concern over illegal parking in parks and
police officers parking on the grass. He said
funds should be spent on preventative maintenance
of the parks rather than spending thousands of
dollars for restoration after damage has been done
by vandals.
Ms. Lenora Williams, 1218 6th Street, S. E.,
expressed concern over narrow streets in the area
of 6th Street and Montrose Avenue, S. E., and asked
that parking not be allowed on at least one side of
the street in the curve.
Mr. Hubert Brooks, 920 Dale Avenue, S. E., expres-
sed concern over the condition of sidewalks, curb
and gutter and alleys. He referred specifically to
the following areas: from 9th Street and Jamison
Avenue to Tazewell Avenue, Dale Avenue from 4th
Street to 13th Street, Stewart Avenue from 4th
Street to 13th Street, and Tazewell Avenue from 3rd
Street to 13th Street. He expressed concern over
the parking of vehicles on sidewalks.
Ms. Edith Perdue, 3104 Richard Avenue, N. E.,
advised that last year residents requested that
Richard Avenue be paved and in the fall the paving
was accomplished, with the exception of a smal!
area. She stated that Richard Avenue, before it
runs into Jack Street, forks around a small area of
land and inquired as to why only one side was
paved, noting that the section which was not paved
is directly in front of her home and is used as a
turn around area. She asked if this section is
going to be maintained as Richard Avenue.
Ms. Emma Rice, 11 14th Street, S. W., representing
the Hurt Park area, expressed the following con-
cerns:
poor street lighting,
the need to upgrade play equipment,
better sanitary facilities in the park,
deterioration of property,
vacant lots that are al lowed to become
overgrown, and
alleys that never receive attention by the
City.
She said Hurt Park has been placed on the "back
burner" for a long time, that residents have felt
neglected, and asked that they receive Community
Development Block Grant funds to accomplish some of
their needs.
ACTION: The above stated concerns were referred to the City Manager for
appropriate response.
At 9:40 p.m., the Mayor declared the meeting in recess.
At 10:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council members Bowles and Harvey.
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation
of Anita J. Price, for a term ending May 31, 1988, and called for nomi-
nations to fill the vacancy.
Mr. Bowers placed in nomination the name of Sylvian Elaina
Loritts.
There being no further nominations, Sylvian Elaina Loritts was
elected as a member of the Youth Services Citizen Board to fill the
unexpired term of Anita J. Price, resigned, ending May 31, 1988, by the
following vote:
ACT[ON:
FOR MS. LORITTS: Council members Trout, Bowers, Garland, Musser
and Mayor Taylor ....... -5.
(Council members Bowles and Harvey were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 11:00 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
197
198
SPECIAL SESSION
...... ROANOKE CITY COUNCIL
February 7, 1986
4:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, City of Roanoke, 215
Church Avenue, S. W., on Friday, February 7, 1986, at 4:00 p.m., pursuant to
Section 10, Meetings of Council generally, of the Roanoke City Charter, with
Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Robert A. Garland, James G.
Harvey, II, Howard E. Musser and Mayor Noel C. Taylor-- ,5.
ABSENT: Council members Elizabeth T. Bowles and James O. Trout ......
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor referred to the following communication calling the special
meeting of Council:
"February 6, 1986
ACTION:
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowl es and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, please be advised that I am calldng a special meeting of the
Roanoke City Council on Friday, February 7, 1986, at 4:00 p.m., in the
City Council Chamber, fourth floor of the Municipal Building, for the
purpose of holding an Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 {al (2), Code of
Virginia {1950), as amended.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
CC:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk
Mr. William L. Brogan, Municipal Auditor
COUNCIL: Mr. Musser moved that Council meet in Executive Session
to discuss the disposition of publicly held property, pursuant to
Section 2.1-344 (al (2), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Garland, Harvey, Musser and Mayor
Taylor ........... --5.
NAYS: None .........
(Council members Bowles and Trout were absent.)
O®
199
At 4:05 p.m., the Mayor declared the meeting in recess.
At 6:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance,
with the exception of Counci! members Bowles and Trout.
The Mayor advised that the Council did not have a public statement
to make as a result of the Executive Session and declared the special
meeting adjourned at 6:05 p.m.
ATTEST: ~,,w~
City C1 erk
APPROVED
200
SPECIAL SESSION ROANOKE CITY COUNCIL
February 10, 1986
10:00 a.m.
A special joint meeting of the Roanoke City Council and the Roanoke
County Board of Supervisors was called to order on Monday, February 10, 1986, at
10:00 a.m., in the Airport Conference Room, Roanoke Regional Airport, Woodrum
Fie]d, by Mayor Noel C. Taylor and Chairman Allan H. Brittle.
PRESENT REPRESENT[NG THE C'[TY OF ROANOKE: Council members David A.
· Bowers, Elizabeth T. Bowl~s, James G. Harvey, II, Howard tE. Musser, James O.
Trout and Mayor Noel C. Tayl'or ............................. - ........... 6.
ABSENT: Council member Robert A. Garland
--1.
PRESENT REPRESENTING THE ROANOKE COUNTY BOARD OF SUPERVISORS:
Supervisors Lee Garrett, Bob L. Johnson, Steven A. McGraw, Harry C. Nickens and
Chairman Allan H. Brittle .... 5.
ABSENT: None ...... O.
OFFICERS REPRESENTING THE CITY OF ROANOKE:
City Manager; and Ms. Mary F. Parker, City Clerk.
Mr. Kit B. Kiser, Acting
OFFICERS REPRESENTING THE COUNTY OF ROANOKE: Mr. Elmer C. Hodge, Jr.,
Administrator; and Ms. Bobbie L. Hall, Deputy City Clerk.
Mayor Taylor advised that Council member Garland and City Manager
Herbert were absent due to illness.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Chairman Allan H. Brittle.
The City Council met pursuant to Section 10, Meetings of Council,
of the Roanoke City Charter, and pursuant to the following com-
munication from the Mayor which was delivered to each member of
Council:
"February 6, 1986
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, there will be a joint special meeting of the Roanoke City
Council and the Roanoke County Board of Supervisors on Monday,
February 10, 1986, at 10:00 a.m., in the Airport Conference Room,
Roanoke Regional Airport, Woodrum Field, for the purpose of considering
a matter regarding the disposition of publicly held property.
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
CC:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk
Mr. William L. Brogan, Municipal Auditor
201
AIRPORT: The Mayor advised that the meeting was called to con-
sider the creation of a commission to be known as the Roanoke Regional
Airport Commission for the purpose of establishing and operating an
airport and related facilities.
The Mayor welcomed the Board of Supervisors and other guests to
the meeting.
Chairman Brittle advised that the Roanoke City Council and the
Roanoke County Board of Supervisors have come together for the purpose
of establishing a Roanoke Regional Airport Commission; that the
authority of the Commission will be to establish and operate an airport
and air navigation facility for the Valley, to authorize other politi-
cal subdivisions to join the Commission and to exercise those powers
which will be created by the General Assembly, and the Commission will
be in charge of day to day airport operations, marketing efforts, long
range planning and financing of future improvements. He said the
coming together of the Board and Council to consider the agreement
marks an important step toward a greater level of cooperation among
Valley governments; that this agreement should send a loud, clear
signal to other governments in this general region, and throughout the
Commonwealth, that the two parties are committed to solving their joint
concerns with joint actions; and through cooperation, strict observance
of sound management principals and frank leadership, the two bodies are
viable and growing.
(For' full text, see statement on file in the City Clerk's Office.)
Mayor Taylor advised that this significant resolution to establish
a new partnership is based on trust and good faith; that the importance
of expanding the airport is recognized and to accomplish this purpose,
the City of Roanoke is agreeing to share powers, to entrust the future
to the Roanoke Regional Airport Commission with the full authority to
direct (1) the capital improvements, (2) the operational facets of the
Roanoke Regional Airport, and (3) to participate fully, and as nego-
tiated through its charter, in this commission with Roanoke County
along with whatever jurisdictions within a sixty mile radius choose to
become members ,-i n 'good standing. He said the. p, arties involved are
cgg~izant :o~.t~e '~upport of the City of Salem ~ffl~re~ pPeviously an.d it
is hoped that Salem will join in this endeavor. He advi'sed ~t~ the
first priority of the Commission is viewed as the capital improvement
project of building a new terminal at an approximate cost of $22
million with the capacity to serve the 21st century.
(For full text, see statement on file in the City Clerk's Office.)
Following comments by the members of the Roanoke City Council and
the members of the Roanoke County Board of Supervisors, on behalf of
the City of Roanoke, Mr. Harvey offered the following Resolution:
(#27992) A RESOLUTION endorsing and approving the form and
substance of a bill to authorize the City of Roanoke and Roanoke County
to create a Commission to be known as the "Roanoke Regional Airport
Commission" for the purpose of establishing and operating an airport
and related facilities; petitioning the Governor Lo make a written
request to the General Assembly that the Roanoke Regional Airport
Commission Act bill be considered by the 1986 Session; and urging the
General Assembly to enact such bill.
(For full text of Resolution, see Resolution Book No. 49, page 463.)
ACTION: Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor-- - ....... 6.
NAYS: None .... O.
(Council member Garland was absent.)
Mayor Taylor declared Resolution No. 27992 officially adopted by
6-0 vote of the Council.
202
On behalf of the County of Roanoke, Mr. Johnson offered the
following Resolution:
ACTION:
"A RESOLUTION endorsing and approving the form and substance of a
bill to authorize the City of Roanoke and Roanoke County to create a
Commission to be known as the "Roanoke Regional Airport Commission" for
the purpose of establishing and operating an airport and related faci-
lities; petitioning the Governor to fnake a written request to the
General Assembly that the Roanoke Regional Airport Commission Act bill
be considered by the 1986 Session; and urging the General Assembly to
enact such bill."
Mr. Johnson moved the adoption of the Resolution. The motion was
seconded by Mr. Garrett and adopted by the following vote:
AYES: Supervisors Garrett, Johnson, McGraw, Nickens and Chairman
Brittle ........................... 5.
NAYS: None ..............................
On behalf of the County of Roanoke, Chairman Brittle declared the
Resolution officially adopted by a 5-0 vote of the Board of Supervi-
sors.
Chairman Brittle advised that Mr. Kiser and Mr. Hodge would be
available to answer technical questions raised by members of the news
medi a.
There being no further business, Chairman Brittle declared the
special meeting of the Roanoke County Board of Supervisors adjourned at
10:40 a.m.
There being no further business, the Mayor declared the special
meeting of the Roanoke City Council adjourned at 10:40 a.m.
APPROVED
ATTEST:
City Clerk
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 10, 1986
7:30 p.m.
203
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 10, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ............................... 6.
ABSENT: Council member Robert A. Garland ............................ 1.
(Mr. Garland was absent due to illness.)
OFFICERS PRESENT: Mr. Kit B. Kiser, Acting City Manager; Mr. Wil-
burn C. Dibling, Jr., City Attorney; Mr. James D. Grisso, Deputy Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend William L.
Gardner, Pastor, Our Lady of Nazareth Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for a
12.47KV Auto-Transfer Switch at Roanoke Regional Airport, Woodrum
Field, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, February 10, 1986, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
Fischer Electrical Construction, Inc.
Austin Electrical Construction
J. B. Moore Electrical Contractor,
Irlc.
New River Electrical Corporation
Varney Electric Company, Inc.
Davis H. Elliot Company, Inc.
$40,948.00
43,100.00
46,861.00
48,733.00
49,900.00
51,967.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Robert C. Poole as members of the committee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for the construction of Shenandoah Avenue, N. W. Realignment From Under
First Street Bridge to Centre Avenue, N. W., said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, February 10,
1986, and to be held, opened and read before the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
204
ACTION:
ACTION:
BIDDER
BASE BID
ALT. #1
L. H. Sawyer Paving Co., Inc.
Adams Construction Company
S. R. Draper Paving Co., Inc.
$112,626.45
144,083.55
150,709.90
$119,826.45
150,083.55
158,209.90
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
PUBLIC HEARINGS:
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council at its regular meeting on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday, February 10, 1986,
at 7:30 p.m., or as soon thereafter as the matter may be heard, on the
request of Dr. John E. Gardner, Jr., that a portion of the alley bet-
ween King George Avenue and Woods Avenue, S. W., running in a northerly
direction approximately 130 feet and intersecting with Woods Avenue,
S. W., and in an easterly direction approximately 20 feet from a garage
apartment located at 315 King George Avenue to a proposed turnaround,
be pemanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday,
January 27, 1986, and Monday, February 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from Dr. John E. Gardner, Jr., requesting a con-
tinuation of the public hearing inasmuch as he is of the opinion that
there are important considerations that deserve further study, and he
will attempt to have all of the issues answered by the March 10, 1986,
meeting of Council, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the public hearing be continued until the
regular meeting of Council on Monday, March 10, 1986, at 7:30 p.m., or
as soon thereafter as the matter may be heard. The motion was seconded
by Mr. Harvey and adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
at its regular meeting on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, February 10, 1986, at
7:30 p.m., or as soon thereafter as the matter may be heard, on the
request of Hayes, Seay, Mattern and Mattern that two contiguous tracts
of land located on the north side of Allison Avenue near its intersec-
tion with Franklin Road, known as Lot 16, containing approximately
0.149 acre, and Lot 17, containing approximately 0.149 acre, Section 6,
Exchange Building and Investment Company, Official Tax Nos. 1030214 and
1030215, be rezoned from RG-2, General Residential District, to C-1,
Office and Institutional District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday,
January 27, 1986, and Monday, February 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending denial of
the request because of a tie vote (two Commissioners voting for the
request and two voting against), was before Council.
The following is a summarization of the concerns of the City
Planning Commission regarding the request, as well as citizens in
attendance at their meeting:
Parking problem - The applicant's request to rezone
was primarily based upon its immediate desire to
construct an additional parking lot to accommodate
employees who are now parking on Allison Avenue,
It was established that the installation of the
parking lot could be achieved by Board of Zoning
Appeals action rather than a rezoning; and
205
Future expansion - The applicant's request to
rezone was secondarily based upon long-term plans
to expand the present building. The applicant,
however, did not produce any details regarding
future expansion plans which made it impossible for
the Commission to measure future impact on the
neighborhood, future impact on the neighborhood
being an essential criteria given the need to
respect and preserve the historic character of the
area.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant."
ACTION:
The motion was seconded by Mr. Bowers.
Mr. James A. Douthat, Attorney, representing the petitioner,
appeared before Council in support of the request of his client, and
advised that his client first approached the City on this matter over
seven years ago for the purpose of getting the remainder of their
employees parking off the streets; that at the time, City officials
requested that they not tear down the houses presently on the lots
until City Planning personnel could study the matter; that both houses
were deteriorated to the point that it was not economically feasible
to renovate them and rent them and discussions were held on and off
until last spring when they had the houses demolished. He said this
action was taken only after the houses had been offered to the Old
Southwest organization free of charge to be relocated to other empty
lots for a period of over a year's duration.
Mr. Douthat explained that early last summer, City officials
requested that his client delay requests for rezoning until the City
Planning staff could study the matter further and promised to complete
their study by September; and although somewhat later in time, the City
Planning staff recommended in favor of the rezoning and the City
Planning Commission had a split vote of two for and two against the
request. He stated that his clients' existing building is full; that an
apartment building and one house which they own adjacent to their pro-
perty is almost full; that they are concerned about having the ability
to expand their business at their existing location; and their alter-
natives are to relocate to an area of more open space or to expand
their regional offices in Maryland, Virginia Beach, Greensboro and
Mobile.
It was further pointed out that HSMM occupied their current premi-
ses thirteen years ago in approximately the same time frame that
General Stone built across the street the building now occupied by
Davis and Stephenson; that in their opinion the quality of these two
structures has contributed as an anchor to quality development in the
Old Southwest area and it is highly likely that Old Southwest would
have experienced severe deterioration without the installation of these
two structures.
Mr. Douthat said that HSMM has consistently made very effort to be
a good neighbor to the community; that the residential properties they
now own were acquired approximately ten years ago or longer; that since
that time no effort has been made to accumulate additional properties
although they have had a substantial number of opportunities; that HSMM
has an investment of approximately $5 million of buildings and equip-
ment in their current facility and at $45,000.00 per residential pro-
perty, that this is equivalent to 110 parcels of residential property.
206
It was explained that HSMM has added a net of 60 employees in the
past year; that although not comparable to the Norfolk Southern or
General Electric, HSMM is a major employer in the Roanoke area; that
they impose no special impact on sewer utility systems, water utility
systems, the environment, nor in any other way create a negative impact
on the City of Roanoke; that their personnel are highly paid, highly
educated, and highly participatory in community affairs; that HSMM is
wholly owned by eleven partners resident in the Roanoke Valley; that
HSMM projects an image up and down the entire east coast of one of the
most advanced architectural, engineering and planning firms wi th
respect to automation, quality design, and responsiveness to their
clients' needs; that their organization brings a considerable quantity
of revenue into the Roanoke Valley; that although Roanoke City is a
long enduring and valued client, they achieve less than ten per cent ol~
their revenues from the entire Roanoke Valley; and in summary, HSMM is
a valuable and often overlooked resource domiciled in the City of
Roanoke.
Mr. Robert N. Richert, 415 Allison Avenue, S. W., appeared before
Council and advised that several weeks ago Council was searching for a
way to discourage demolition of houses in our only residential Historic
District, and this is an opportunity to accomplish that. He said the
development community still believes that there is a greater probabi-
lity that a rezoning request will be granted if houses are demolished
and the land cleared, before a rezoning request is made, and until the
City, its commissions, boards and elected representatives hold firmly
to the zoning lines, this belief will persist; that we have come a long
way together over the last ten years and much ol~ it has been painful
and it is understood that denial ol~ this request will be painful to
Hayes, Seay, Mattern and Mattern, but nowhere is it written that the
neighborhoods must bare all the pain. lie stated that he firmly
believes Council will use this opportunity to send a clear message to
those destroyers of our built heritage that they will not be rewarded
for destroying their assets in pursuit of higher gain at the expense of
their neighbors and the community at large.
Question was raised if a detailed proposal has been reviewed with
residents of old southwest as to what Hayes, Seay, Mattern and Mattern
plan to construct; whereupon, Mr. Douthat advised that no drawings have
been made, however, any addition would have to look exactly like the
existing structure.
Ms. Tam Richert, 512 King George Avenue, S. W., appeared before
Council representing Old Southwest, Inc., and advised that the organi-
zation believes there should be no n~re commercial zoning in old south-
west; that there are other methods by which these proposals could be
handled and the current problem does not necessitate rezoning. She
said there is a belief in old southwest that the decision of rampant
expanding commercial zoning in the neighborhoods has ended, and Council
has helped encourage that belief by discouraging destruction of houses
in the historic neighborhood. She requested that Council keep the
faith and vote against the rezoning of the lots on Allison Avenue.
Following considerable discussion of the request and questions
raised by members of Council, Mayor Taylor stated that Council is a
seven member body and any citizen in the City of Roanoke would
seriously question a decision made by Council on two positive votes.
He said there should be a majority vote on all items coming before City
Council, and, for that reason, he requested that the City Planning
Commission reconsider the rezoning request. He explained that there is
one member of the Planning Commission who would have to abstain from
voting for personal reasons and that is understandable, but it seems
that the Planning Commission could reach a majority vote by its member-
ship. (Mr. John P. Bradshaw is a member of the City Planning Commis-
sion and also a partner in the firm of Hayes, Seay, Mattern and
Mattern.) He also stated that it would be advantageous for Hayes,
Seay, Mattern and Mattern to put together a drawing of its proposed
intention and share that information with the citizens of the community
and have dialogue with them about what they believe to be their future
plans. He expressed the opinion that this is not an easy matter to
deal with because Council is trying to do two things; viz: assist in
the preservation of one of the most historic neighborhoods ~n the City,
and on the other hand, it is trying to give assistance to one of our
leading businesses.
207
ACTION:
Mayor Taylor expressed the desire that a compromise be attained
that would be acceptable to the citizens of old southwest and to Hayes,
Seay, Mattern and Mattern, and suggested that it would be worth the
effort to have another meeting of the City Planning Commission to see
if some kind of compromise could be reached. He also suggested that a
presentation be made by Hayes, Seay, Mattern & Mattern at a time when a
majority of the Planning Commission members are present.
Mr. Trout offered a substitute motion that the public hearing be
continued until the regular meeting of Council on Monday, March 10,
1986, at 7:30 p.m., that the request for rezoning be referred back to
the City Planning Commission for further study, report and recommen-
dation to Council, and for a vote by a majority of the membership of
the City Planning Commission. The motion was seconded by Mr. Musser
and adopted.
(By communication under date of February 14, 1986, the Secretary of the
City Planning Commission advised that the matter could not be heard by
the Planning Commission until March 19, 1986, and would be forwarded to
Council for continuation of the public hearing at its regular meeting
on Monday, April 14, 1986, at 7:30 p.m.)
At 8:50 p.m., the Mayor declared the meeting in recess.
At 9:00 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of Council in attendance, with
the exception of Council member Garland.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, January 6, i986, and Monday, January 13, 1986, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor .... 6.
NAYS: None-
(Council member Garland was absent.)
TREASURER: A communication from Gordon E. Peters, Treasurer,
transmitting the January, 1986 Statement of 1985-86 Revenue Receipts
for the Treasurer's Office, was before Council.
(For full text, see communication and statement on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and statement be received
and filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ...... 6.
NAYS: None ...... O.
(Council member Garland was absent.)
208
ACTION:
HUMAN RESOURCES: A report of qualification of Virginia K. Binder
as a member of the Advisory Board of Human Resources to fill the unex-
pired term of Payton H. Moore, resigned, ending November 30, 1986, was
before the body,
(See Oath or Affirmation of Office om file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ....... 6.
NAYS: None ..................................................... O.
(Council member Garland was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
A354216
$14,000.00 for the Chapter II Vocation-
al Guidance Program to provide funds
for the maintenance of career resource
centers at two junior high schools.
The program is fifty per cent funded by
federal resources, wi th the balance
local match.
A354909
$19,725.58 for the Impact Aid Program
to provide funds for a half time com-
munications coordinator. The program
has been prefunded.
Council was also requested to adjust and close out School grants
as follows:
The ECIA Chapter I Winter program expended federal funds in the amount
of $766,404.25 to provide educational and health services to targeted
schools. The program ended September 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
! NCREASE
.(DECREASE)
Administrative Salaries
Teacher Salaries
Aide Salaries
Guidance Salaries
Clerical Salaries
Nurse Salaries
Fringe Benefits
Eval uati on/Di ssemi nati on
Testing
Instructional Supplies
Admi ni strati ve Suppl i es
Medical Supplies
Community Involvement
C1 othi ng
Admi ni strati ve Travel
Instructional Travel
A35411210030 $(18,174.98)
A35411210031 (223,780.28)
A35411210032 (116,489.71)
A35411210033 (24,110.07)
A35411210034 (14,376.00)
A35411210035 (18,554.53)
A35411211070 (122,771.02)
A35411220010 (1,773.17)
A35411220011 ( 620.21)
A35411230030 (3,424.28)
A35411230031 14.69
A35411230032 ( 667.00)
A35411230033 ( 800.82)
A35411230034 ( 820.89)
A35411233030 ( 598.55)
A35411233031 (3,929.09)
Medical Travel
Equipment Maintenance
Indirect Costs
Instructional Equipment
Other Equipment
Federal Grant Receipts
A35411233032 ( 153.39)
A35411234030 ( 698.04)
A35411235040 ( 9,967.24)
A35411290030 ( 8,314.73)
A35411290031 ( 1,026.00)
R35411221
$(571,035.31)
$(571,035.31)
209
The ECIA Chapter I Summer program expended federal funds in the amount
of $101,981.17 to provide instruction and guidance services to targeted
schools. The program ended September 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
Administrative Salaries
Teacher Salaries
Aide Salaries
Guidance Salaries
Nurse Salaries
Driver Salaries
In-Service Education
Fringe Benefits
Insurance
Fi eld Trips
Testing
Transportation of Pupils
Administrative Supplies
Instructional Supplies
Miscellaneous Supplies
Counselor Supplies
Medical Supplies
Food
Parent Involvement
Admi ni strative Travel
Counselor Travel
Medical Travel
Indirect Costs
ACCOUNT NUMBER
INCREASE
(DECREASE)
A35411310030 $( 1,288.34)
A35411310031 (25,915.84)
A35411310032 ( 2,913.65)
A35411310033 361.98
A35411310034 240.50
A35411310035 ( /1.85)
A35411310040 ( 501.99)
A35411311070 ( 3,333.45)
A35411311071 ( 70.00)
A35411320010 ( 1,095.51)
A35411320011 ( 500.00)
A35411320012 ( 3,698.50)
A35411330030 ( 200.00)
A35411330031 ( 2,993.74)
A35411330032 ( 600.00)
A35411330033 ( 200.00)
A35411330034 ( 418.15)
A35411330035 ( 6,727.28)
A35411330036 ( 388.74)
A35411333030 ( 550.94)
A35411333031 ( 559.61)
A35411333032 ( 127.63)
A35411335040 .( 1,038.28)
Federal Grant Receipts
R35411321
$(52,591.02)
$(52,591.02)
The 1983-84 Flow Through program expended federal funds in the amount
of $354,887.31, state funds in the amount of $93,568.00 and local match
funds in the amount of $6,145.27 to provide for the instruction and
guidance of handicapped students. The program ended September 30,
1985.
In order that appropriations, expenditures and r~venues may be equal,
the following increase in appropriation is necessary.
DESCRIPTION
Teacher Salaries
Aide Salaries
In-Service Trai ni ng
Fringe Benefits
Contracted Heal th Services
Supplies
Travel
Instructional Equipment
ACCOUNT NUMBER
INCREASE
(DECREASE)
A35452810030 $(8,579.93)
A35452810031 8,5/9.93
A35452810040 ( 673.59)
A354528110/0 748.01
A35452820010 8,915.49
A35452830030 (2,129.12)
A35452833030 (1,166.00)
A35452890001 ( 387.21)
$ 5,307.58
210
Federal Grant Receipts
State Grant Receipts
Local Match
R35452821 $(837.69)
R35452825 1,225.19
R35452831 4,920.08
$ 5,307.58
The 1984-85 Bureau of Crippled Children program expended state funds in
the amount of $44,034.00 to provide for an instructional consultant at
the Bureau. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Salary A35453110002 $ .50
Fringe Benefits A35453111070 1,481.29
Supplies A35453130030 ( 466.41)
Travel A35453133030 ( 770.56)
Indirect Costs A35453135040 ( 359.02)
$(114.20)
$(114.20)
State Grant Receipts
R35453125
The 1984-85 Child Development Clinic program expended state funds in
the amount of $43,245.79 to provide for an instructional consultant at
the Clinic. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
.(DECREASE)
Fringe Benefits A35453211070 $ 786.17
Supplies A35453230030 (456.82)
Travel A35453233030 (924.86)
$(595.51)
State Grant Receipts
R35453225 $(595.51)
The 1984-85 Juvenile Detention Home program expended state funds in the
amount of $36,545.52 to provide for an instructional consultant at the
Detention Home. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Fringe Benefits A35453311070 $(172.92)
Supplies A35453330030 (316.50)
Travel A35453333030 (96.06)
$(585.48)
State Grant Receipts R35453325 $(585.48)
The 1984-85 Preschool Incentive program expended state funds in the
amount of $5,938.65 to provide for orientation and instruction for han-
dicapped students who are entering the system for the first time. The
program ended September 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
$ 104.85
(1.56)
(164.64)
$(61.35)
$(61.35)
Teacher Salaries
Aide Salaries
Fringe Benefits
A35453810030
A35453810031
A35453811070
211
Federal Grant Receipts
R35453821
The Project SOS (Seat Belt Safety) program expended federal funds in
the amount of $7,008.37 and local match in the amount of $7,008.37 to
provide for instruction for students regarding the use of restraining
devices in motor vehicles. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
Instructor
Fringe Benefits
Instructional Supplies
Audio Visual Supplies
Instructional Vehicle
ACCOUNT NUMBER
INCREASE
..(DECREASE)
A35460510030 $ 1,386.04
A35460511070 ( 312.46)
A35460530030 ( 607.60)
A35460530031 (1,981.87)
A35460530032 ( 967.37)
$(2,483.26)
Federal Grant Receipts
Local Match
R35460521 $(4,541.63)
R35460531 2,058.3/
$(2,483.26)
The GED Testing program expended fees in the amount of $3,284.00 and
local match in the amount of $2,456.64 to provide instructors for admi-
nistration of the GED examinations. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
GED Exami ners
Fringe Benefits
ACCOUNT NUMBER
A35471410030
A35471411070
INCREASE
(DECREASE)
$( 47.36)
( 26.00)
$( 73.36)
$ 2,456.64
(2,530.00)
$( 73.36)
Local Match R35471431
Fees R35471435
212
The ABE/DIAL program expended federal funds in the amount of $41,170.73
and local match in the amount of $9,676.18 to provide adult basic edu-
cation for persons who have not completed high school. The program
ended June 30, 1985.
In order that appropriations, expenditures and revenues ,nay be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Clerical Salaries
Teachers
Teacher Aides
Fringe Benefits
Instructional Materials
Telephones
Equipment
A35471510030 $( 717.87)
A35471510031 (33,011.27)
A35471510032 2,194.94
A35471511070 (3,973.94)
A35471530030 2,520.79
A35471531005 859.26
A35471590001 ( 625.00)
$(32,753.09)
$(21,529.27)
(11,223.82)
$(32,753.09)
Federal Grant Receipts
Local Match
R35471521
R35471531
The Apprenticeship program expended state funds in the amount of
$81,626.96 to.provide on-the-job instruction for students enrolled in
tile apprentice program. The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
ACCOUNT NUMBER
INCREASE
(DECREASE)
Supervisors A35471610002 $ .40
Teachers A35471610030 (768.45)
Fringe Benefits A35471611070 (363.13)
Travel A35471633030 590.34
$(540.84)
State Grant Receipts
R35471625 $(540.84)
The Governor's Magnet School program expended state funds in the amount
of $43,000.00 and local match in the amount of $680.45 to provide for
the implementation of the magnet school for math and science students.
The program ended June 30, 1985.
In order that appropriations, expenditures and revenues may be equal,
the following decrease in appropriation is necessary.
DESCRIPTION
Salary
Fringe Benefits
Supplies
ACCOUNT NUMBER
A35491610030
A35491611070
A35491630030
INCREASE
.(DECREASE)
$( .09)
( 285.68)
13,966.22
$ 13,680.45
$ 13,000.00
680.45
State Grant Receipts
Local Match
R35491625
R35491631
$ 13,680.45
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
A report of the Director of Finance advising that the Chapter I!
Vocational Guidance Grant is funded with 50% federal funds and 502
local funds; that the Impact Aid Program is funded with 100% federal
funds; that the request to close other grants is necessary because the
grant programs have been completed; and recommending that Council con-
cur in the request of the School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27993) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 464.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ......... 6.
NAYS: None .................
(Council member Garland was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ZONING-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that Council on April 1, 1985, awarded an architec-
tural/engineering services contract to the firm of Hayes, Seay, Mattern
and Mattern to prepare construction documents for Phases IB, IIA and
IIB of the Roanoke Sports Complex Project; and Phase IIB includes
redesign of Maher Field to meet AAA High School Baseball tournament
field standards.
It was explained that the proposed restroom/concession structure
at Maher Field would require variances from:
Floodproofing provisions of Section 36-366 of the
City's Floodplain Zone Regulations.
Compliance with these regulations would require
elevating the lowest floor of the structure five
feet above the grade which in turn would have a
severe negative impact on the overall usability,
handicap access, cost and appearance of the struc-
ture.
Minimum Front Yard Requirements of 30 feet in C-1
(Office and Institutional) Zoning District.
The development of a tournament quality field (with
necessary dimensions and conveniently located faci-
lities for public access and use) on this physi-
cally constrained site allows a front yard of 15
feet.
The City Manager recommended that he be authorized to file two
applications for variances with the City of Roanoke Board of Zoning
Appeals to facilitate the construction of a proposed restroom/conces-
sion structure at Maher Field:
213
214
ACTION:
ACTION:
Floodproofing provisions of Section 36-366 of the
City's Floodplain Zone Regulations.
Minimum Front Yard Requirements of C-1 (Office and
Institutional) Zoning District.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation.
motion was seconded by Mrs. Bowles and adopted.
The
ANIMALS-STADIUM: The City Manager submitted a written report
advising that the Roanoke Valley S.P.C.A. has requested the following:
Use of the parking lot, located between Victory
Stadium and the Parks and Recreation/Grounds Office
Building for a "Be Kind to Animals Week" Carnival
on May 8, 9, 10 and 11, 1986, from 10:00 a.m., to
10:00 p.m.; that all net revenues from the car-
nival will go towards the development of a new
S.P.C.A. facility proposed to be located along
Orange Avenue near the eastern City limits; and the
carnival, involving food booths, display and sale
of arts and crafts, etc., was held at Highland Park
last year.
Waiver of the rental fee for the use of the subject
City property.
Concession rights in conjunction with subject car-
nival.
The City Manager recommended that Council waive rental fees and
grant concession rights to the Roanoke Valley S.P.C.A. for a "Be Kind
to Animals Week" Carnival to be held at Victory Stadium Parking Lot on
May 8, 9, 10 and 11, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#27994) A RESOLUTION waiving the standard rental fee for'use of
certain City facilities for a "Be Kind to Animals Week" Carnival spon-
sored by the Roanoke Valley S.P.C.A., and granting concession rights in
conjunction with such carnival.
(For full text of Resolution, see Resolution Book No. 49, page 467.)
Mrs. Bowles moved tile adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ...... 6.
NAYS: None ........
(Council member Garland was absent.)
LIBRARIES: The City Manager submitted a written report'advising
that the City of Roanoke Library System has, for many years,'imposed
fines for the tardy return of library materials; and many libraries,
including Roanoke County and the City of Salem, have now abandoned this
practice inasmuch as fines do not act as a deterrent and costs of
collecting the fines is almost three times the amount of average
collections.
215
It was explained that the City of Roanoke Library System levies
fines (except on senior citizens) at the rate of .05~ per day per item
(.02~ juveniles) up to a maximum of $1.50 per item, and charges the
original price of purchase for materials lost by the patron; that long
overdue accounts, in excess of $75.00, are sent to the City Attorney
who writes the patron requesting the return of the overdue materials
and advising that the matter may be referred to the Commonwealth's
Attorney for possible legal action under Section 42.1-74, of the Code
of Virginia, 1950, as amended; and the City Manager has been made aware
of the desire of the Library system to discontinue the practice of fin-
ing for overdue books and to substitute other procedures for the reco-
very of overdue materials or their cost.
The City Manager recommended that Council authorize the discon-
tinuance of the practice of fining for overdue library materials,
authorize the use of a collection agency to collect overdue accounts
and amend Section 18-1, Code of the City of Roanoke (1979), as amended;
and that Council authorize the City Manager to seek bids from a non-
library, outside agency to pursue collection of library accounts, with
a collection fee to be added to the bill to be collected from the
patron.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#2/995) AN ORDINANCE amending §18-1, Rules and regulations for
operation and use, of Chapter 18, Libraries, of the Code of the City of
Roanoke (1979), as amended.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 473.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Tayl or ........ ----6.
NAYS: None .......... O.
(Council member Garland was absent.)
MUNICIPAL BUILDING-AIR RIGHTS: The City Manager submitted a writ-
ten report advising that the contractor for alterations and additions
to Municipal North (01d Courthouse and Jail) is Branch and Associates,
Inc.; that the construction contract amount to date, including Change
Order No. 13 is $3,093,475.83; and completion date is September 19,
1986.
I
It was explained that the contractor is ready to start construc-
tion of the Third Street overpass to connect Municipal North to the
Police Annex; that before this work can commence, the Police Department
has to move their polygraph department from where the corridor connect-
ing the overpass with the passage from the Police Annex to the new
Courts Building will be constructed; that this requires the remodeling
of an area on the second floor of the police building, in the southwest
corner, to create a new polygraph area; that tile remodeling would
involve five existing rooms to make seven rooms plus a corridor and an
observation area; and the contractor has quoted a price of $14,402.00
and seven consecutive days to perform this work.
The City Manager recommended that he be authorized to issue Change
Order No. 14 to the contract with Branch and Associates, Inc., in the
amount of $14,402.00, an additional time of seven consecutive calendar
working days, with a project completion date of September 26, 1986, and
a total contract amount of $3,107,877.83.
(For full text, see report on file in the City Clerk's Office.)
216
ACTION:
Mr. Trout offered the following emerqency Ordinance:
(#27996) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 14 to the City's contract with Branch and Associates,
Inc., for additions and alterations to the former Courthouse and Jail;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 467.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ....................... --6.
NAYS: None ...................
(Council member Garland was absent.)
BUDGET-BRIDGES: The City Manager submitted a written report
advising that the flood of November 4, 1985, demolished the former
Mason Mill Road Bridge, N. E., over Tinker Creek; that the 53 year old,
one lane, steeltruss bridge had a four ton weight capacity; that traf-
fic volume is approximately 450 vehicles per day; and a damage survey
report was submitted to the Federal Emergency Management Agency in an
effort to receive funds for bridge replacement.
It was explained that engineering services qualification proposals
for bridge repairs/rehabilitation/replacement projects were publicly
advertised on November 24, 1985, and received on December 20, 1985,
from Hayes, Seay, Mattern and Mattern, Ralph Whitehead and Associates
and Wiley and Wilson; that interviews were held with all firms which
submitted proposals; that negotiations were conducted with the engi-
neering firm felt to be the most qualified (Hayes, Seay, Mattern and
Mattern) for the proposed bridge project; and the scope of work to be
performed includes:
Preliminary design work for the bridge, including
an alignment study, field surveys, and subsurface
i nvesti gat ion.
Final design work to include all construction
plans, technical specifications, and cost estima-
tion.
Construction administration to include pre-bid
meeting, pre-construction meeting, and site inspec-
tions during construction.
The City Manager recommended that Council authorize the following:
Award of engineering design services reimbursement
with cost ceiling contract, to be in a form accept-
able to the City Attorney, to Hayes, Seay, Mattern
and Mattern, in an amount not to exceed $61,000.00
without further action by City Council. The actual
fee is $56,000.00, with a contingency of $5,000.00
for additional services as required.
Appropriate the necessary funding from Streets and
Bridges Category of 1985 Series of Public Improve-
ment Bonds (Account No. A08310172802) into the
proper account to be established by the Director of
Finance, not to exceed $61,000.00 for Hayes, Seay,
Mattern and Mattern. It is anticipated that reve-
nue from Federal and State flood assistance will
reimburse approximately $30,000.00 of this expend-
iture. This reimbursement could be placed into a
bridge related account as determined by the
Director of Finance. The remaining $31,000.00 dif-
ference would not likely be reimbursed as it is
associated with betterment costs, which is non-
reimbursable.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27997) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 468.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor .................................. 6.
NAYS: None ......
(Council .member Garland was absent.)
Mr. Trout offered the following energency Ordinance:
(//27998) AN ORDINANCE authorizing the City Manager to enter into
a contract with Hayes, Seay, Mattern & Mattern to provide certain engi-
neering design services pertaining to replacement of the Mason Mill
Road, N. E., Bridge, over Tinker Creek; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 469.)
Mr. Trout moved tile adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor .......... 6.
NAYS: None ............. O.
(Council member Garland was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that the November 4, 1985, flood severely damaged
and destroyed most of a ten foot high chain link fence enclosing the
Transportation Museum located in Wasena Park; that the emergency nature
of the situation required replacement of 1,725 linear feet of the sub-
ject fencing immediately following the flood to protect and secure
City-owned exhibits, as well as those owned by the Transportation
Museum; that cost of the fencing replacement, accomplished through a
private contractor, was $20,187.00; and it is anticipated that 90% of
this cost will be reimbursed by Federal and State agencies.
The City Manager recommended that Council appropriate $20,187.00
from the Capital Maintenance and Equipment Reserve Account into Grounds
Maintenance Department Account No. A01434034005; and that an accounts
receivable should also be established anticipating 70% and 20% reimbur-
sement from the Federal and State governments, respectively.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#27999)
the lg85-86
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 49, page 470.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
217
218
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ....................... 6.
NAYS: None ...............
(Council member Garland was absent.)
SPECIAL PERMITS-FIRE DEPARTMENT-MARKET SQUARE PARKING GARAGE: The
City Manager submitted a written report advising that T. A. Carter is
the current owner of the Colonial Arms Building, which is leased to the
Norfolk Southern Corporation; that the Fire Code requires provision of
an addition to the fire escape to serve the sixth through twelfth
floors; that Council, pursuant to Ordinance No. 25788, adopted on
October 12, 1981, closed the alley between the Colonial Arms Building
and the Market Square Parking Garage; that the City did, however,
retain ownership of the land area encompassed by tile former alley
behind the Colonial Arms Building; and the fire escape must be
installed in air space over the City-owned alley area on the rear (east
side) of the structure and would, thus be an encroachment over City-
owned property.
It was explained that T. A. Carter has asked the City to grant a
revocable permit to construct a new fire escape that would exit onto
the top deck of the Market Square Parking Garage and has agreed to the
following conditions:
Charge will be 1 1/2 times the prevailing monthly
parking rate for one parking space. The current
monthly parking rate is $37.50.
There ~11 be a protection bollard installed to the
City's approval one foot on each side of and one
foot in front of the leading edge of the stairway.
These two bollards, as well as the fire escape
ladder, are to be installed, brightly marked and
maintained by the licensee and be aesthetically
pleasing.
Licensee will agree to indemnify and save the City
and its agents harmless from any damage to its
parking structure, parking patrons and members of
the public occasioned by the construction and main-
tenance of this fire escape exit and the protection
bollards. The appropriate form and level of insur-
ance will need to be provided with the City, its
officials, agents and employees named as co-
insureds.
The City reserves the right to use the space around
the fire escape ladder and bollards except for that
space so protected.
Other terms and conditions of the revocable permit
necessary to protect the City's and the public's
interest, the final permit to be subject to appro-
val as to form by the Office of the City Attorney.
The City Manager recommended that Council authorize the appro-
priate City officials to execute a revocable permit or other authority
to permit the construction of a fire escape for the sixth through
twelfth floors of the Colonial Arms Building, exiting onto the top deck
of the Market Square Parking Garage, in a form acceptable to the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
219
(#28000) AN ORDINANCE permitting the construction and maintenance
of a fire escape over City owned property between the Colonial Arms
Building and the Market Square Parking Garage and extending onto the
top deck of the Market Square Parking Garage, upon certain terms and
conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 473.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES:
Taylor-
Council members Bowers, Bowles, Harvey, Musser and Mayor
5.
NAYS: None ....... - .....O.
(Council member Garland was absent.) (Council member Trout abstained
from voting.)
BUDGET-CITY EMPLOYEES: The City Manager and Director of Finance
submitted a joint written report in connection with first and second
quarter personnel lapse and salary adjustments, advising that the
fiscal year 1986 budget includes $500,000.00 for anticipated lapse of
salary and wages; that the budget also includes $10D,000.00 within the
General Fund contingency to cover the costs of pay increases related to
implementation of the new pay plan that became effective July 1, 1985;
that some of the changes on an accompanying budget ordinance will
reduce various departmental salary and wage budgets where actual lapse
has occurred over and above adjustments; that some of the changes on
the budget ordinance increases various departmental salary and wage
budgets; that these increases will cover shortfalls due to tile one
time payments, longevity smooth-in and overall pay increases related to
implementation of the new pay plan; that the $100,000.00 that was
budgeted for this purpose has also been utilized to cover these short-
falls; and ir council were to adopt the accompanying budget ordinance,
the status of salary and wage lapse will be as follows:
Original budget amount
First and second quarter lapse
real i zed
$ 500,000.00
(250,000.00)
Total Unrealized
$ 250,000.00
ACTION:
The City Manager and Director of Finance advised that the first
and second quarter lapse realized represents 50% of the budgeted amount
and recommended adoption of the budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28001) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Internal Service Fund Appropriation Ordinances,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 470.)
Mr. Mdsser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ......... 6.
NAYS: None ..... O.
(Council member Garland was absent.)
220
ACTION:
ACTION:
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY PROPERTY-SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No.
27984, on second reading, permitting certain encroachments over and
into the right-of-way of Loblolly Lane, S. W., for two brick columns on
the sides of the driveway serving a residence at 3520 Loblolly Lane,
S. W., having previously been before the Council for its first reading
on Monday, February 3, 1986, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the follow-
ing for its second reading and final adoption:
(#27984) AN ORDINANCE permitting certain encroachments over and
into the right-of-way of Loblolly Lane, S. W., for two brick columns on
the sides of the driveway serving a residence at 3520 Loblolly Lane,
S. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 461.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ................... 6.
NAYS: None .... O.
(Council member Garland was absent.)
PARKS AND PLAYGROUNDS-CITY PROPERTY-RADIOS-TELEVISIONS: Ordinance
No. 27985, on second reading, authorizing and providing for an exten-
sion of the lease agreement with Blue Ridge E.T.V. Association for a
five-acre tract in Fishburn Park, having previously been before the
Council for its first reading on Monday, February 3, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
(N27985) AN ORDINANCE authorizing and providing for an extension
of the lease agreement with the Blue Ridge E.T.V. Association for a
five-acre tract in Fi shburn Park, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 462.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor ........ . ..... 6.
NAYS: None ............
.0.
(Council member Garland was absent.)
APPALACHIAN POWER COMPANY-EASEMENTS: Ordinance No. 2/986, on
second reading, authorizing execution of an indenture with Appalachian
Power Company providing for installation of electric power lines to
serve the Williamson Road Municipal Parking Garage, having previously
been before the Council for its first reading on Monday, February 3,
1986, read and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for its second
reading and final adoption:
(#27986) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 49, page 462.)
221
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Harvey, Musser, Trout and
Mayor Taylor--- 6.
NAYS: None ................ O.
(Council member Garland was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 9:15 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
222
REGULAR WEEKLY SESSION ..... ROANOKE CiTY COUNCIL
February 18, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 18, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended. (Monday, February 11, 1986, was the official observance of
Washington's Birthday; therefor, pursuant to Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended, the Council meeting was held on
Tuesday, February 18, 1986.)
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ....... -7.
ABSENT: None ............................ O.
~' , OFFICERS PRESENT: .Mr. W. Robert Herbert, City Managsr;.Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and'Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold C. Lewis,
Pastor, Villa Heights Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CENTER-IN-THE-SQUARE: . Mrs. Anne Hammersley, representing the Board of
Directors of Center-in-the-Square, appeared before Council in reference to the
play entitled, Henry Street, which was presented on February 7 and 8, 1986, and
was the centerpiece of the Center-in-the-Square celebration of Black Heritage
Month. She stated that from the very beginning it was said that proceeds
received from the Henry Street performances would be shared equally between the
Endowment Fund of Center-in-the-Square and the Henry Street Revival Project, and
Mrs. Hammersley expressed a great deal of pleasure in presenting to the City of
Roanoke, on behalf of Center-in-the-Square, a check in the amount of $3,000.00.
On behalf of the City of Roanoke, Mayor Taylor accepted the check and
expressed appreciation to Center-in-the-Square and all persons involved in the
successful production of Henry Street.
PUBLIC HEARINGS:
HOUSING-PLANNING-GRANTS: Council having previously authorized the
City Clerk to advertise a public hearing on Tuesday, February 18, 1986,
at 2:00 p~m., or as soon thereafter as the matter may be heard, to con-
sider a proposed amendment to the Community Development Block Grant
Community Development Objectives and Projected Use of Funds, Program
Year Eleven, June, 1985 - May, 1986, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Saturday,
February 8, 1986; and in t~e Roanoke Tribune on Thursday, February 13,
1986.
(See publishers' affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report advising that Council
appropriated $220,900.00 for the Gainsboro Grant Program in fiscal year
1985-86 Community Development Block Grant as part of the Gainsboro
Housing Revitalization Strategy; that Council adopted Ordinance No.
27748 on August 12, 1985, authorizing the City Manager to execute a
contract with Roanoke Redevelopment and Housing Authority for contract
services to implement the Gainsboro Housing Revitalization Strategy and
223
other CDBG Programs; that Council adopted Ordinance No. 27747 on
August 12, 1985, authorizing the City Manager to execute a contract
with Gainsboro PAC/GNDC for planning and coordinating Action Project
19 - Residential District Site Improvement and Housing Revitalization
for owner-occupied homes; that citizens and Gainsboro PAC/GNDC have
requested that the Gainsboro Grant Program for fiscal year 1985-86
funds now depleted, receive an additional $203,354.00 from other
Gainsboro Housing Strategy programs, viz: Gainsboro Urban Homestead-
ing, Gainsboro Revolving Loan, Relocation Program and others; and the
Roanoke Redevelopment and Housing Authority has recommended use of
funds for additional Gainsboro Grants and requested the amendment of
its contract for services with the City accordingly.
It was explained that response to the Gainsboro Grant Program to
make badly needed repairs and/or replace heating, plumbing, electrical
and other major systems has demonstrated critical and sizable need for
the program; that funds budgeted for the Gainsboro Grant Program fiscal
year 1985-86 have been spent or obligated in the early part of the
year; that $203,354.00 is available for transfer in other less criti-
cally needed Gainsboro Housing Revitalization Strategy programs; that
the $203,354.00 of unobligated funds in Gainsboro Housing Revitaliza-
tion Strategy Program accounts exists in two forms: $176,954.00 in
RRHA contract and $26,400.00 in City Gainsboro Program accounts not in
RRHA contract; that an amendment to RRHA contract would combine funds
currently in RRHA contract with funds in City Gainsboro Programs
accounts to amount to a transfer of $203,354.00 to Gainsboro Grant
Program; and the $203,354.00 transfer would be added to the amount
obligated by the August 13, 1985, contract with RRHA ($489,685.00), to
make a total contract amount after amendment of $516,085.00.
'i
The City Manager recommended that he be authorized to amend the
C.D.B.G. Program; execute amendment to the City and Roanoke Redevelop-
ment and Housing Authority contract; and authorize the Director of
Finance to transfer a total of $203,354.00 to Account No. A35668400555
($85,954.00) and Account No. A35668500215 ($117,400.00) from the
following accounts:
$52,454.00 from Account No. A35668400561,
$25,000.00 from Account No. A35668500220,
$27,500.00 from Account No. A35668400565,
$31,000.00 from Account No. A35668500225,
$ 6,000.00 from Account No. A35668400575,
$11,400.00 from Account No. A35668500240,
$20,000.00 from Account No. A35668500235,
$21,000.00 from Account No. A35668500230, and
$ 9,000.00 from Account No. A35668500250.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Harvey offered the following emergency budget Ordinance:
(#28002) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For f~11 text of Ordinance, see Ordinance Book No. 49, page 474.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... ----7.
NAYS: None ...... O.
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#28003) AN ORDINANCE authorizing the execution of an Amendment
to the current Contract for Services with the City of Roanoke Redeve-
lopment and Housing Authority providing for the allocation of funding
for various housing programs within the Gainsboro Conservation and
Redevelopment Area, upon certain terms and conditions; amending the
City's Community Development Block Grant program accordingly; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 475.)
224
ACTION:
Mr. Trout moved the adoption of the Ordinance.
seconded by Mr. Garland.
The motion was
No person wishing to address Council with respect to the public
hearing, Ordinance No. 28003 was adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..................... 7.
NAYS: None ....................
.0.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, January 21, 1986, and Monday, January 27, 1986, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None ............
O®
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... .7.
NAYS: None ........ -0.
LEGISLATION: A report of the Director of Finance with regard to
the Gramm-Rudman-Hollings law, explaining how the new bill works, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... --7.
NAYS: None ...............
Oe
ACTION:
YOUTH: A report of qualification of Sylvian Elaina Loritts as a
member of the Youth Services Citizen Board to fil! the unexpired term
of Anita J. Price, resigned, ending May 31, 1988, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......................... 1.
NAYS: None ........ --0.
225
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: Mr. Lewis W.
Peery, Chairman, Roanoke Neighborhood Partnership Steering Committee,
appeared before Council and presented the 1986 Annual Report of the
Partnership, and a film in connection with the work of the Partnership.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed with
appreciation. The motion as seconded by Mr. Harvey and unanimously
adopted.
Mr. Harvey moved that the City Attorney be instructed to prepare
the proper measure expressing appreciation to members of the Roanoke
Neighborhood Partnership for their volunteer service. The motion was
seconded by Mr. Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FLOODS-WATER DEPARTMENT: The City Manager submitted a written
report advising that the flood of November 4, 1985, caused damage to
the City's water facilities at Carvins Cove as follows:
Raw water feed line from the dam to the filtration
plant was exposed for a distance of approximately
100 feet by th~ tremendous flow of water which
crested over the dam spillway at a depth of 5.5
feet (spillway height is 5.0 feet).
Concrete structure at the foot of the dam which
houses some valves was damaged by the water and
debris washed over the dam.
Gunite cover on the spillway was partially washed
away.
Metal door in the face of the dam, which originally
provided access to the valves now contained in the
concrete structure damaged as noted above was par-
tially ripped from its hinges.
It was explained that the City Administration authorized the local
firm of Mattern and Craig, which has several existing contractual
agreements with the City, to prepare plans and specifications for the
necessary repair work; that bids were received by the Manager of the
Department of General Services on December 20, 1985; that six bids were
226
ACTION:
received with the local firm of H & S Construction Company submitting
the low bid, in the amount of $48,500.00.; and the City Administration,
after receiving assurance from H & S Construction Company that no
current City contract work would be delayed by this repair work,
notified H & S Construction on January 15, 1986, that their bid for the
repair work was accepted and they were to begin work as soon as
possible due to emergency conditions.
The City Manager advised that work commenced on January 21, 1986,
and will continue as weather permits to restore all damaged facilities;
and authorization and funding are as authorized by the Council report
under date of December 16, 1985, entitled Notification of and Financing
Needed for Emergency Work Initiated Regarding the City's Public
Utilities Systems, and subsequent ordinances.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28004) A RESOLUTION authorizing emergency repairs to the
Carvins Cove Dam and Water Supply Facilities.
(For full text of Resolution, see Resolution Book No. 49, page 476.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ..............................................
BUDGET-FLOODS-SALE/PURCHASE OF PROPERTY: The City Manager sub-
mitted a written report advising that as a result of the November 4,
1985, flood, a Disaster Aid Center had to be established at a centrally
located facility to service the City of Roanoke, as well as other
surrounding localities within the vicinity of the required Federal
Emergency Management Agency field office operations; that the Old Sears
Building in the 1500 block of Williamson Road was offered for use by
the current owner, Faison Associates; that the building had been
reviewed by both Federal and local officials and determined to be an
excellent facility from which to operate a Disaster Aid Center; and
Faison Associates made the building immediately available to the City
with no rental charges for use of the floor space to be levied for its
use through January 31, 1986.
It was explained that use of the Disaster Aid Facility needs to be
extended for one month; that Federal officials have been very pleased
with the Old Sears Building and desire to continue to use the facility
for one additional month in order to comfortably operate with the size
of field office operations they currently have; that Federal staff will
be reduced in March, 1986; that agreement for extension of the new
lease must be processed between Faison Associates and the City of
Roanoke in order to provide for the continued use of the building; that
there will be no rental ch~,rge for the use of the floor space in the
building through February 2C, 1986; that the City will provide all
necessary insurance to have adequate property and liability coverages
during times of occupancy; that the City will provide all utility costs
associated with starting up and keeping the building functional and
operational during occupancy; that the City will restore the building
to at least the building's original condition before occupancy once
occupancy is completed; that the City will be responsible for paying
real estate taxes on the building during the time of its use from
February 1, 1986, to February 28, 1986; that the taxes have been esti-
mated to cost approximately $1,810.00 and payment will be considered a
one-time fee for use of the building.
The City Manager advised that FEMA has funds available for Federal
reimbursement of at least those expenses associated with the field
office set up on the second floor of the building, and terms, con-
ditions and amounts of these reimbursements are being negotiated at
this time; that the cost to the City to heat, cool, provide other uti-
lity services, and pay taxes on the building for the time period of
February 1, 1986 - February 28, 1986, is not expected to exceed
$6,000.00. and Federal reimbursements are available to the City which
should hold the start up and operational costs to the City to a mini-
mum.
The City Manager recommended that Council concur in the terms and
conditions of the Lease Agreement Extension with Hersch Associates;
authorize the City Manager to enter into the Agreement Extension, in a
form acceptable to the City Attorney, on behalf of the City; and
transfer the one-time lease payment of approximately $1,810.00 from the
General Fund Contingency Account No. A01941032006 to the Disaster Aid
Facility Account No. A01914099918 for use of the building for one
additional month.
227
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28005) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 476.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
NAYS: None .....................
Mrs. Bowles offered the following emergency Ordinance:
(#28006) AN ORDINANCE authorizing the execution of an extension
to the lease with Hersch Associates pertaining to the use of the former
Sears Town building as a disaster aid facility, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 477.)
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .......... 6.
NAYS: None .................
5
(Council member Trout was out of the Council Chamber.)
HEALTH DEPARTMENT-PUBLIC ASSISTANCE: The City Manager submitted a
written report advising that the Northwest Human Development Center is
a neighborhood center providing mental health related services to the
residents of low and moderate income program target areas; that Council
authorized execution of an agreement with Mental Health Services of the
Roanoke Valley on November 12, 1984, to operate the Northwest Human
Development Center; that the agreement dated February 25, 1985, was
executed pursuant to Ordinance No. 27300 providing $35,000.00 in
C.D.B,G. funds for the establishment and operation of the Center for a
period of one year, ending February 24, 1986; that a request for addi-
tional funds to cover the administrative expenses of the Center for the
period of February 25, 1986, through June 30, 1986, has been received
from Mental Health Services of the Roanoke Valley; and Ordinance No.
27684 adopted on July 22, 1985, transferred $10,000.00 of C.D.B.G.
funds from an inactive project determined infeasible to implement to
the Center's Account No. A356618400801 for additional administrative
costs.
It was explained that the agreement with Mental Health Services
expires on February 24, 1986; and amendment of the agreement is
necessary to allow for the continued operation of the Center and expen-
diture of C.D.B.G. funds through June 30, 1986, when operation costs
can be funded by non-C.D.B.G, sources.
The City Manager recommended that Council authorize him to amend
the agreement with Mental Health Services of the Roanoke Valley to
reflect the additional $10,000.00 of C.D.B.G. funds approved for opera-
tional expenses and extend the expiration date to June 30, 1986.
(For full text, see report on file in the City Clerk's Office.)
228
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#28007) AN ORDINANCE authorizing the execution of an amendment
to the contract with Mental Health Services of the Roanoke Valley to
provide certain services relating to the Northwest Human Development
Center Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 477.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ..................................... 6.
NAYS: None .........
(Council member Trout was out of the Council Chamber.)
SPECIAL PERMITS-RED CROSS: The City Manager submitted a written
report advising that during March, 1985, Council granted permission to
the Roanoke Valley Chapter, American Red Cross, to hang flags from
street lighting poles in the Central Business District which was in
recognition of Red Cross Month to honor the thousands of volunteers who
help their community through service in this organization.
It was explained that pursuant to letter dated February 3, 1986,
Mr. Bayard Harris, Chairman of the Roanoke Valley Chapter of the
American Red Cross, has again requested permission to fly the 3' x 5'
American Red Cross flags from street light poles in the Central
Business District.
The City Manager recommended that Council approve the appropriate
measure, as prepared by the City Attorney, granting permission to the
American Red Cross to display flags in the Central Business District
from March 8 - 22, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28008) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 478.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES:
Mayor Taylor ......
NAYS: None ........
(Council member Trout was out of the Council Chamber.)
DIRECTOR OF FINANCE:
Council members Bowles, Garland, Harvey, Musser, Bowers and
6.
O®
ACTION:
FINANCIAL REPORTS: A report of the Director of Finance submitting
the financial report of the City of Roanoke for the month of January,
1986, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and adopted.
The
m
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that on December 4,
1978, Council adopted Ordinance No. 24409, establishing a procedure for
the election of School Board trustees; that on September 9, 1985,
Council adopted Ordinance No. 27761 to provide for a public hearing to
receive the views of citizens prior to appointment of any School Board
member; and pursuant thereto Council must hold certain meetings and take
certain actions during the months of March, April and May to conform
with the selection process, was before the body.
The City Clerk requested that Council set specific dates to con-
form with the selection process.
(For full text, see report on file in the City Clerk's Office.)
The following dates were approved by Council:
On Monday, March 10, 1986, at 6:00 p.m., in the
lobby area located on the second floor of the
Municipal Building, Council will hold an informal
meeting (reception) which will be open to the
public with all candidates for school trustee.
On Monday, March 24, 1986, at 2:00 p.m., in the
Council Chamber, Council will review and consider
all candidates for the position of school trustee.
At such meeting, Council will review all applica-
tions filed for the position and may elect to
interview candidates for such positions.
At the regular meeting of Council on Monday,
April 7, 1986, said meeting to begin at 2:00 p.m.,
in the Council Chamber, Council will, by public
vote, select from the field of candidates those
candidates to be accorded the formal interview and
all other candidates will be eliminated from the
school trustee selection process. The number of
candidates to be granted the interview will not
exceed three times the number of positions
available on the Roanoke City School Board, should
there be so many candidates.
At the regular meeting of Council on Monday,
April 14, 1986, said meeting to begin at 7:30 p.m.,
in the Council Chamber, Council will hold a public
hearing to receive the views of citizens.
On Thursday, April 17, 1986, at 7:00 p.m., in the
Council Chamber, Council will hold a meeting for
the purpose of conducting a public interview of
candidates for school trustee.
At the regular meeting of Council on Monday, May 5,
1986, said meeting to begin at 2:00 p.m., in the
Council Chamber, Council will hold an election to
fill the vacancies on the Roanoke City School
Board.
CITY ATTORNEY:
LEGISLATION-AIRPORT: The City Attorney presented an oral status
report on the Roanoke Regional Airport Commission Bill, advising that
just eight days ago the Roanoke City Council and the Roanoke County
Board of Supervisors met at Roanoke Regional Airport, Woodrum Field,
and approved the bill; that on the following day the bil) was intro-
duced in the General Assembly and has become known as House Bill 854.
He said the bill was sponsored by each member of the Roanoke City dele-
gation and each member of the Roanoke County delegation to the General
Assembly, and, in addition, was sponsored by Delegate William Wilson;
that on February 14 the bill was considered by the subcommittee of the
House Committee on Counties, Cities and Towns and approved with a few
229
230
ACTION:
ACTION:
minor amendments and sent on to the full com~nittee, has received its
first and second readings and will be approved on third reading by the
House of Delegates on Tuesday, February 19, 1986; that there have been
no amendments made to the bill on the floor of the House of Delegates
and the only two amendments that were made by the committee were minor
amendments of a clarification nature. The City Attorney explained that
he will continue to keep Council advised as to the status of this
important legislation as it proceeds through the General Assembly.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-LIBRARIES: Ordinance No. 27995, on second reading,
amending §18-1, Rules and regulations for operation and use, of
Chapter 18, Libraries, of the Code of the City of Roanoke (1979), as
amended, to' discontinue the practice of fining for overdue library
materials and use a collection agency to collect overdue accounts,
having previously been before the Council for its first reading on
Monday, February 10, 1986, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#27995) AN ORDINANCE amending §18-1, Rules and regulations for
9peration and use, of Chapter 18, Libraries, ~f the Code of the City of
Roanoke (19/9), as amended.
(For full text of Ordinance, see Ordinance Book No. 49, page 473.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None ......... O.
SPECIAL PERMITS-FIRE DEPARTMENT-MARKET SQUARE PARKING GARAGE:
Ordinance No. 28000, on second reading, permitting the construction and
maintenance of a fire escape over City owned property between the
Colonial Arms Building and the Market Square Parking Garage and
extending onto the top deck of the Market Square Parking Garage, upon
certain terms and conditions, having previously been before the Council
for its first reading on Monday, February 10, 1986, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28000) AN ORDINANCE permitting the construction and maintenance
of a fire escape over City owned property between the Colonial Arms
Building and the Market Square Parking Garage and extending onto the
top deck of the Market Square Parking Garage, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 473.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ....... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:15 p.m., the Mayor declared the meeting in recess.
231
At 3:35 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
The Mayor advised that there was no business to report as a result
of the Executive Session, and declared the meeting adjourned at
3:35 p.m.
lhere being no further business, the Mayor declared the meeting
adjourned at p.m.
City Clerk
APPROVED
Mayor
232
REGULAR WEEKLY SESSION ROANOKE CiTY COUNCIL
February 24, 1986
2:00 p.m.
The Council of Lhe City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 24, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of RoanOke
(1979), as amended.
PRESENT: Council, members Robert A. Garland, James G. HarveY, Ii,
owar(~ ~E,. Musser, Davi~ A. Bowers, Elizabeth T. Bowles a~d ,Mayor Noel C.
ayl orl---- ' ~ ' ' 7.
ABSENT: None ...........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Joe R. Bryant,
Pastor, Riverdale Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
AIRPORT: In view of the fact that a considerable number of per-
sons were present with reference to the Airport Master Plan Study, the
Mayor advised with the concurrence of Council, he would like to con-
sider the Airport Master Plan at this time; whereupon, on motion of Mr.
Trout seconded by Mrs. Bowles and unanimously adopted, Council con-
curred in the Mayor's suggestion.
Mr. Jack C. Smith, Chairman, Airport Advisory Commission, appeared
before Council and presented the City of Roanoke with a copy of House
Bill No. 854 creating the Roanoke Regional Airport Commission.
Mr. Smith advised that the Airport Advisory Commission concurs in
a staff recommendation that Council approve the Airport Master Plan,
with the understanding that all of the master plan is based on eventual
funding, that strong consideration be given to expediting general
aviation expansion opportunities on a need basis compared with other
needs and that additional consideration be given to cargo building
ingress and egress.
Mr. Kit B. Kiser, Director, Utilities and Operations, presented a
briefing on the proposed Airport Master Plan prepared by Delta
Associ ares.
(For full text, see Airport Master Plan and su~nary on file in the City
Clerk's Office.-)
Mr. Edward L. Beale, representing Delta Associates, presented
further explanation of the Airport Master Plan and answered questions
raised by the Mayor and members of Council.
Following the presentations of Mr. Kiser and Mr. Beale and
questions raised by the members of Council, Mr. Harvey advised that he
would like to receive more financial information concerning the com-
parative cost of the total project. He said if a decision of this
magnitude is to be made he would like all the necessary information;
that he has had access to the document for exactly a week and one-half
and that is not long enough to base a $22.5 million decision. He
requested time to obtain more financial data and encouraged Council to
delay action on the report for at least two additional weeks.
Mr. Robert Y. Bowman, Executive Director, Roanoke Valley Regional
Partnership, appeared before Council and advised that the Regional
Partnership is a firm believer that a significant factor in the
Valley's future growth will be the upgrading of the current airport
facility. He said based on discussions with site location consultants,
a large segment of the information service industry sector eliminates
the Roanoke area from consideration as a site location because of its
current airport facility. He advised that it is known from several
sources that to continue the indecision on the adoption of the master
plan will cause several existing businesses to review their expansion
plans and their current operations, and delay certain businesses from
moving forward with expansion plans or new operations. He requested
that Council support the recommendation of the consultant and the advi-
sory commission with the understanding that this is a long term invest-
ment, one that will span several decades and affect future generations.
He said how the facility is constructed today will determine whether it
will be adaptable to the future or become outdated once again, that
economics today could mean major expenses tomorrow and every community
has examples of capital investments that were under planned and under
financed.
233
Mr. William F. Hawkins, President, Roanoke Valley Chamber of
Commerce, appeared before Council in support of the proposed Airport
Master Plan and, in particular, Plan B. He said the Chamber of
Commerce believes the nk~ster plan should be adopted, advising that they
share the same concern about cost and feel it is important to get all
the details, but the plan can be moved forward and refined as it goes
along. He stated that, the business community needs the leadership of
Council now by example and by stating a commitment to move forward.
m
Mr. Bittle W. Porterfield, Vice Chairman, Roanoke Valley Chamber
of Commerce, appeared before Council and advised that the current ter-
minal is approximately forty years old; that the Chamber of Commerce
feels strongly that Plan B, a new terminal that is consistent with
modern methods of air transportation, is important. He said the
question is how to resolve the situation, to patch up a forty year old
terminal and try to get by or to "bite the bullet" and provide the
leadership necessary to bring the region into the 21st century in terms
of air service and construction of a modern facility.
Mr. Lucian Y. Grove, Chairman, Board of Directors, Roanoke Valley
Regional Partnership, appeared before Council and expressed support for
a new airport terminal building. He said the regional airport does not
come across as being the type of airport that appeals to people who are
looking for the advancement of economic development; that the new air-
port terminal is needed and when one speaks of the cost of the airport
terminal building, consideration should be given to the reverse --the
cost to the City if the new terminal is not constructed.
Mr. Trout offered the following Resolution:
(#28009) A RESOLUTION approving an Airport Master Plan for the
Roanoke Regional Airport, Woodrum Field.
(For full text of Resolution, see Resolution Book No. 49, page 479.)
ACTION: Mr. Trout moved the adoption of the Resolution.
seconded by Mrs. Bowles.
The motion was
mo
ACTION:
Mr. Harvey offered a substitute motion that action on the proposed
Airport Master Plan be deferred until the regular meeting of Council on
Monday, March 10, 1986, pending receipt of additional financial infor-
mation. The substitute motion was seconded by Mr. Musser and lost by
the following vote:
AYES: Council members Harvey and Musser--
NAYS: Council members Garland, Trout, Bowers, Bowles and Mayor
Taylor ............. 5.
234
Following discussion of the matter, Resolution No. 28009 was
adopted by the following vote:
AYES: Council members Garland, Trout, Bowers, Bowles and Mayor
Taylor ............................ 5.
NAYS: Council members Harvey and Musser ....... 2.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
BID OPENINGS:
ACTION:
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for the Roanoke Sports Complex tennis courts and concession
building, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, February 24, 1986, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER BASE BID ALT. #1 ALT. #2
Gardner-Smith, Inc.
Boxley Construction Co.
Thor, Inc.
$682,000.00 $24,700.00 $22,000.00
720,000.00 21,000.00 19,000.00
733,800.00 35,400.00 17,300.00
Mr. Harvey meved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead and William F. Clark as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Williamson Road Storm Drain - Quadrant III, Oakland/Maplelawn
System, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, February 24, 1986, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER BASE BID
Aaron J. Conner General Contractor, Inc.
G. L. Howard, Inc.
Ramey, Inc.
Thomas Construction Co., Inc.
$2,054,766.56
2,479,927.00
2,704,085.80
2,816,280.96
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Charles M. Hufflne as members of the committee.
REGULAR AGENDA:
235
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COF~MUNICATIONS:
BUDGET-SCtIOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $102,139.57 to Account No.
A01610834101, which reflects the proceeds from flood damage insurance,
said funds to be used for the repair of facilities and replacement of
inventory that suffered damage in the November 1985 flood, was before
the body.
The School Board also requested that Council transfer funds from
the Board's Contingency Account to provide for payment of contracted
legal expenses.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request of the School Board, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28010) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 480.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ............. 7.
NAYS: None ....... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a
written report advising that the City of Roanoke previously received
funds on a reimbursement basis from the United States Department of
Agriculture (USDA), through the Virginia Department of Corrections to
purchase food service equipment for the Crisis Intervention Center
(Santuary), Juvenile Probation House (Youth Haven) and Juvenile
Detention Home; and USDA funds for fiscal year 1985-86 have been re-
ceived by the City of Roanoke for the facilities as follows:
Crisis Intervention Center -
Juvenile Probation House -
Juvenile Detention Home -
$1,340.00
680.00
1,980.00
It was explained that USDA funds usage regulations require the
funds to be used for food costs, labor costs of food service workers
and equipment and repairs; that monies are to be kept in a separate
account and cannot be combined with State or local funds; that detailed
records are to be kept for all expenditures made against the funds; and
each facility is to maintain inventory lists of equipment expenditures
and also make semi-annual reports to the Department of Corrections.
The City Manager recon~ended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, as follows:
236
ACTION:
ACTION:
Crisis Intervention Center - Revenue R01063035
$1,340.00 to Account No. A01336030035;
Juvenile Probation House - Revenue R01063015
$ 680.00 to Account No. A01335030035;
Juvenile Detention Home - Revenue R01063025
$1,980.00 to Account No. A01332030035;
Total Revenue and Appropriations: $4,000.00
(For full text, see report on file in thc City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28011) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 480.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ............ 7.
NAYS: None ..... O.
BUDGET-FLOODS: The City Manager submitted a written report
advising that City facilities located in the flood plain were insured
through the National Flood Insurance Program for limited coverages
allowed by the program; that claims were appropriately made by the City
and the anticipated settlement is $866,370.75; that claim settlements
received to date total $303,381.30; and these receipts have been accor-
dingly deposited and recorded in the General Fund insurance Recovery
Account No. R01100505.
It was explained that the flood recovery effort has resulted in
the procurement and planning for necessary supplies, materials and ser-
vices of which funds are not presently available in the City's operat-
ing accounts; and transfer of funds are necessary to address the
payment of cost incurred as a result of the flood of 1985 and for
Federal and State reimbursements.
The City Manager recommended that Council transfer $303,381.30
from Insurance Recovery Account No. R01100505 to a Capital Account,
established by the Director of Finance, known as "Flood of '85" to
allow payment for materials, supplies and services relative to flood
recovery.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28012) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 481.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ....... 7.
NAYS: None ....... O.
BUDGET-PERSONNEL-MUNICIPAL AUDITING-EQUIPMENT: The City Manager
submitted a written report advising that funds are available in
Management Services - Retained Earnings to provide for the procurement
of items necessary for current operation of the system; that photosta-
tic copying equipment is needed in the Offices of Municipal Auditing
and Personnel Management; and the copy machines requested are available
under the Commonwealth of Virginia contract at a cost of $10,000.00.
The City Manager recommended that Council appropriate $8,579.00 to
Management Services Account No. AO616171go005, to provide for the
purchase of two photocopy machines to be used in Municipal Auditing and
Personnel Management Departments.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28013)
the 1985-86
emergency.
AN ORDINANCE to amend and reordain certain sections of
Internal Service Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 49, page 482.)
-- · Mrs. B~wles,moved the adoption of the OrdinanceS- The ~otion was
seconded by Mr. Garland and adopted by the following vote: '
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ........ 7.
NAYS: None- O.
REPORTS OF COMMITTEES:
(See pages 232-234 for Airport Master Plan Study.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-RED CROSS-FLAGS: Ordinance No. 28008, on second
reading, granting to the American Red Cross, Roanoke Valley Chapter, a
revocable permit to mount certain flags on street lighting poles in the
Central Business District of the City, upon certain terms and con-
ditions, having previously been before the Council for its first
reading on Monday, February 18, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. B~--~,.'}es offering
the following for its second reading and final adoption:
(#28008) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 478.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ........... 7.
NAYS: None .............. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COMPLAINTS: Council member Howard E. Musser referred to pho-
tographs which were given to him by residents of northwest Roanoke
relating to clean up of certain property; whereupon, he gave the pho-
tographs to the City Manager for investigation. He said the conditions
exist in the vicinity of loth Street, Norfolk Avenue, 11th Street and
Salem Avenue, and a park area on Norfolk Avenue between 11th and 12th
Streets. tie requested that the City Manager investigate the complaints
and report back to Council.
237
238
LEAGUE OF OLDER AMERICANS: The Mayor advised that the one year
term of James D. Ritchie as the City's representative on the League of
Older Americans, Board of Directors, wil! expire on February 28, 1986,
and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of James D. Ritchie.
There being no further nominations, James D. Ritchie was reelected
as the City's representative on the League of Older Americans, Board of
Directors, for a term of one year ending February 28, 1987, by the
following vote:
ACTION:
FOR MR. RITCHIE: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................... 7.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 4:30 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 3, 1986
7:30 p.m.
239
The Council of the City of Roanoke met in regular meeting in the
Monterey Elementary School Gymnatorium, 4501 Oliver Road, N. E., City of
Roanoke, on Monday, March 3, 1986, at 7:30 p.m, with Mayor Noel C. Taylor pre-
siding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979)~ as amended, and pursuant to
Resolution No. 27844, adopted by the Council on October 14, 1985.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland (left
the meeting at 8:05 p.m.) and Mayor Noel C. Taylor ........ 7.
ABSENT: None .........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Troy Mays,
Minister of Youth, Holltns Road Bapti~~ Church.
The Pledge of Allegiance to ~he Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS-FLOODS: Pursuant to notice of advertisement
for bids for flood damage repair at the Department of Parks and
Recreation main office, 210 Reserve Avenue, S. W., said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, March 3, 1986,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER BASE BID
Thor, Incorporated
Boxley Construction Company
Construction Services of Roanoke, Inc.
Building Specialists, Inc.
$ 76,590.00
77,152.00
84,708.00
112,500.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr. and Charles M. Huffine as members of the committee.
SEWERS AND STORM DRAINS-FLOODS: Pursuant to notice of adver-
tisement for bids for debris cleanup of Roanoke River, Peters Creek,
Tinker Creek, Lick Run and Mud Lick Creek, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, March 3, 1986,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
240
ACTION:
ACTION:
BID ITEM
CAV SPRING
CONSTRUCTION CO.
DENNIS O. BAYS
EXCAVATING CO.
Roanoke River $129,150.00 $ -O-
Tinker Creek 49,000.00 92,985.20
Peters Creek 30,100.00 55,728.00
Lick Run 6,175.00 15,574.00
Mud Lick Creek 10,450.00 20,526.00
Total $268,807.00 $184,813.20
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 3, 1986, the special meeting held on Friday,
February 7, 1986, and the special meeting held on Monday, February 10,
1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................ 7.
NAYS: None ..................................................... O.
PENDING ITEMS: A list of items pending from July 10, 1978,
through February 24, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ......
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ACTS OF ACKNOWLEDGEMENT: A communication from Mayor Noel C.
Taylor advising that he had the privilege and honor of accepting a
check, in the amount of $1,000.00, from the Salem Vietnam Veterans
Chapter #14 of the Disabled American Veterans to be used in establish-
ing a permanent memorial to those men and women who were involved in
the Space Shuttle Challenger tragedy, and requesting Council's
assistance in referring the request to the appropriate individual or
co~nittee, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mayor Taylor suggested that the committee consist of the following
persons:
241
Council member Howard E. Musser, Chairman
Mrs. Laddie Fisher, Public Information Officer
Commander Richard S. Thomas, President, Roanoke Valley Veterans
Council
Representative of the Salem Vietnam Veterans Chapter No, 14
Representative of the Roanoke Valley Science Museum
In studying the matter of a permanent memorial, Mr. Trout sug-
gested that the committee also consider those persons who lost their
lives aboard the Space Shuttle Gemini.
Mr. Harvey suggested that the committee also consider establish-
ment of criteria to be used in determining when the Mill Mountain Star
should be illuminated in red.
Mr. Garland moved that the following persons be appointed as mem-
bers of a committee to study establishment of a permanent memorial to
those persons who lost their lives aboard Space Shuttles Challenger and
Gemini, and establishment of criteria to be used in determining when
the Mill Mountain Star should be illuminated in red:
Itoward E. Musser, Chairman
Laddie Fisher, Public Information Officer
Commander Richard S. Thomas, President, Roanoke Valley Veteran
Council
Representative, Salem Vietnam Veterans Chapter No. 14
Representative, Roanoke Valley Science Museum
ACTION:
The motion was seconded by Mr. Harvey and unanimously adopted.
HEALTH DEPARTMENT (MENTAL HEALTH): A communication from Mrs.
Phyllis T. Simmons, Chairman, Mental Health Services of the Roanoke
Valley Board of Directors, recommending the appointment of Dr.
Joseph J. Duetsch to serve as an at-large member of the Mental Health
Services of the Roanoke Valley Board of Directors, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that Council concur in the recommendation. The
motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-PARKS AND PLAYGROUNDS: Mr. Beverly T. Fitzpatrick, Jr.,
appeared before Council and presented a communication from Mr.
Wil)iam E. Callahan, Jr., Executive Vice President, Virginia Museum of
Transportation, Inc., requesting that $30,000.00 be granted to the
Museum for the purpose of conducting a professional site selection
study.
Mr. Fitzpatrick advised that as early as three years ago, the
Board of Directors of the Museum recognized the need to relocate from
Wasena Park; that there was a need for room to grow and expand their
scope, a need to be closer to the growin§ activity and cultural center
in downtown, and a need to remove their valuable collection from the
dangers of flooding; and the events of November 4, 1985, brought to
reality the impact of flooding on their operation and collection.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Following discussion of the request, Mr. Trout moved that the
matter be referred to the City Manager for study, report and recommen-
dation to Council. The motion was seconded by Mr. Bowers and unani-
mously adopted. If the City Manager recommends in favor of the
request, he was asked to make a recommendation to Council relative to
a funding source.
242
At this point, 8:05 p.m., Mr. Garland left the meeting.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that Council appropriated $100,000.00 on March 14,
1982, for improvements to the existing Mill Mountain Zoo; that use of
the funds was restricted to projects supported by plans approved by
Council; that Mill Mountain Zoo Improvement Project Account No.
A08170191203 has a total current balance of $110,310.10; and Council
on January 6, 1986, awarded an architectural and engineering services
contract to the local firm of Sherertz, Franklin, Crawford and Shaffner
for the Mill Mountain Improvement Project - Phase II.
It was explained that $175,000.00 is available in the Capital
Improvement Program for the design and construction of the following
Phase II elements:
underground placement of existing overhead lines
new park-type lights
star overlook upgrading
miscellaneous site improvements
It was noted that an estimated $100,000.00 in additional funds
would be needed for the construction of the following additional ele-
ments authorized by Council to be designed as a part of the
architectural/engineering contract for Phase II:
a visitor center with restrooms and self-help type
information area (estimated cost $50,000.00}
picnic and play area developments ($40,000.00)
walking trail improvements in the vicinity of the
Star ($10,000.00)
The City Manager advised that planning for the proposed regional
zoo may take several years before a final decision on the future of the
existing zoo is made; that in the meantime, necessary maintenance and
refurbishing of the existing facilities and exhibits must be addressed
to allow continued operation of the zoo as a key attraction on Mill
Mountain; and Mill Mountain Zoo Inc., has developed plans for certain
necessary improvements to the Zoo facilities and exhibits with a total
estimated cost of $49,620.00:
bear cub exhibit additions and
improvements
$ 9,500.00
new bobcat exhibit
11,520.00
golden lion Tamarim Monkey exhibit
upgrading
13,650.00
existing restrooms upgrading
14,950.00
Total $ 49,620.00
Mr. Herbert further advised that the improvements would primarily
involve refurbishing/upgrading of the existing facilities and exhibits
necessary for the continued and viable operation of the Zoo; that Mill
Mountain Zoo, Inc., has expended approximately $50,000.00 of its own
funds for capital maintenance and improvements at the Zoo during the
last two years; and Mill Mountain Development Committee and Mill Moun-
tain Zoo, Inc., have requested that the previously appropriated
$100,000.00 for the Zoo improvements be reallocated as follows:
$50,000.00 for certain necessary
the existing Zoo as outlined above.
improvements to
243
$50,000.00 for the construction of a proposed
Visitor Center as a part of the Mill Mountain Park
Improvement Project - Phase II.
The City Manager recommended that Council approve plans for the
refurbishing/upgrading of the Zoo facilities and exhibits to be imple-
mented by Mill Mountain Zoo, Inc.; authorize the City Manager to
execute an agreement with M~ll Mountain Zoo, Inc., providing up to
$50,000.00 contribution from the City towards implementation of the
above plans, such agreement to be in a form approved by the City
Attorney, and $50,000.00 to come from Mill Mountain Zoo Improvement
Project Account No. A08170191203; and appropriate $60,310.10 from Mill
Mountain Zoo Improvement Project Account No. A081700191203 into Mill
Mountain Park Improvement Project - Phase II Account No. A08170191001,
to facilitate the construction of a Visitor Center.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance pro-
viding funds as more fully explained above:
(#28014) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 482.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey.
Mr. Samuel S. Bulbin, President, Mill Mountain Zoo, Inc., appeared
before Council and presented the proposed plans for zoo improvements.
Mr. Bowers inquired about the status of a zoo study to be prepared
by Cambridge Seven Associates, which was authorized by Council approxi-
mately a year and one-half ago, in the amount of $85,000.00; whereupon,
Mr. Bulbin advised that there have been a series of delays with the
consultant in the sense that the individual who was in charge of the
project has been ill and out of commission for the last three and one-
half months and has been unable to give the City its final document;
however, it is anticipated that within the next six weeks the final
report will be submitted.
Mr. Bowers inquired as to why the committee is desirous of spend-
ing $50,000.00 to renovate a zoo that might be relocated by a regional
zoo in the foreseeable future; whereupon, Mr. Bulbin stated that it
will be five years at a minimum before a new zoo is brought into being,
noting that capital facilities have to be maintained or they become
unusable and a detriment to the community.
Mr. M. Carl Andrews, Chairman, Mill Mountain Development Commit-
tee, appeared before Council and presented a report of the Committee
endorsing the recommendation of Mill Mountain Zoo, Inc.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the recommendation, Mr. Bowers advised
that he does not think Council can justify an expenditure of funds on
the existing zoo, especially in view of the EXPLORE project which could
be established within a few years; that the City is waiting for the
results of an $85,000.00 zoo study prepared by Cambridge Seven
Associates, and for these reasons he cannot support the recommendation
of the City Manager for a contribution by the City of $50,000.00 for
zoo improvements.
Mr. Bowers offered a substitute motion that Council appropriate
$60,310.10 from Mill Mountain Zoo Improvement Project to Mill Mountain
Park Improvement Project, and that Council delay the City's contribu-
tion of $50,000.00 pending receipt of the zoo study prepared by
Cambridge Seven Associates.
244
There being no second to the substitute motion, the Mayor declared
the substitute motion lost.
Ordinance No. 28014 was adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles and Mayor
Taylor ............................................................... 5.
NAYS: Council member Bowers .....
(Council member Garland was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28015) AN ORDINANCE authorizing an agreement with Mill Mountain
Zoo, Inc., to provide funding for certain improvements to zoo facili-
ties and exhibits; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 483.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES:
Taylor ....
Council members Harvey, Musser, Trout, Bowles and Mayor
5.
NAYS: Council member Bowers 1.
(Council member Garland was absent.)
ACT[ON:
Mr. Trout moved that the report of the Mill Mountain Development
Committee be received and filed. The motion was seconded by Mr. Harvey
and adopted, Council member Bowers voting no.
CITY CODE-BUILDINGS-STREETS AND ALLEYS: The City Manager sub-
mitted a written report advising that existing regulations under
Section 7-3 of Chapter 7, Contractor's licenses, registration and bond;
bond for building operations on, or encroaching on, streets or alleys,
of the Code of the City of Roanoke (1979), as amended, requires that
every contractor or builder who makes contracts for the erection or
construction or repair of buildings give good and sufficient bond with
surety, in tile sum of $1,000.00 on a form approved by the City
Attorney, conditioned to conform to the building code and other ordi-
nances of the City in reference to buildings; that Section 7-3 also
provides that building operations on streets or alleys or which
encroach as permitted or required by the City Code may only be done by
an owner or contractor who shall post bond with the City in the amount
of $5,000.00, with a surety approved by the City Manager and City
Attorney, to protect the City against damages to persons or property,
both public and private, incidental to the construction operations or
encroachments; and present Section 7-3 is inconsistent with Section
54-145.2, of the State Code, which authorizes the City to require suf-
ficient bonds from certain contractors.
Mr. Herbert pointed out that the City Code, as it exists does not
make clear that Class "A" contractors do not have to post bond with the
City; that it does not define the type of contractors who may be
licensed by the City as does enabling legislation in Sec. 54-145.2 of
the State Code; that the Code requires a bond of only $1,000.00 for
Class "B" contractors doing home improvement, electrical, plumbing,
heating or air conditioning contracting or the business of constructing
single or multi-family dwellings, which is inadequate to protect con-
sumers; that the $5,000.00 bond providing for work over public rights-
of-way is inadequate; and proposing that the provision be superceded by
the amendment of Section 30-6 of the City Code, which is set forth in
an accompanying report on the agenda.
The City Manager recommended that Council authorize the amendment
of Section 7-3 of the City Code to clarify the section and increase the
amount of the bond to $5,000.00, and to specify that Class "A" state
registered contractors are exempt from bond requirements.
(For full text, see report on file in the City Clerk's Office.)
245
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28016) AN ORDINANCE amending §7-3, Contractor's licenses,
registration and bond; bond for building operations on, or encroach-
ing on, streets or alley.s, of Chapter 7, Building Regulati6n~-~ t-~-~
Code of the City of Roanoke (1979), as amended, in order to conform
certain provisions of this section with the Code of Virginia.
(For full text of Ordinance, see Ordinance Book No. 49, page 487.)
ACTION:
The motion was seconded by Mrs. Bowles and adopted by the
followin3 vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................. 6.
NAYS: None .......... O.
(Council member Garland was absent.)
BUILDINGS-STREETS AND ALLEYS: The City Manager submitted a writ-
ten report advising that existing regulations under Section 30-6 of
Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke,
1979, as amended, partially cover the types of operations which are
performed on and over public rights-of-way, including streets and
alleys; and present Section 30-6 does not address the issues of:
Scaffolds, framework, aerial platforms, hoists, and
similar equipment operated from positions in or
over streets, sidewalks, alleys or other public
ways.
Permit for work to be performed. Presently only
the City Manager's permission is required for such
work.
Reasonable regulations promulgated by the City
Manager to ensure that such operations do not
endanger the public health, safety or welfare.
The City Manager recommended that Council amend Section 30-6 to
require that permits would be required to assure that the work per-
formed meets City standards and regulations and that the proper
insurance certificate protecting the City is filed with the City Clerk,
in addition to other security or insurance as may be required by other
provisions of the City Code; that liability insurance for the protec-
tion of the general public and the City of Roanoke would be required
against liability for personal injury or death, for not less than
$100,000.00 for any one person and for not less than $500,000.00 for any
one accident or occurrence, and for not less than $100,000.00 for pro-
perty damage occurring as a result of work being performed from or upon
portions of public ways; and insurance in the minimum aggregate amount
of $/50,000.00 for bodily and property damage is also acceptable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28017) AN ORDINANCE amending §30-6, Liability insurance for
certain street work in connection with construction or demolition
operations on private property, of Chapter 30, Streets and Sidewalks,
of the Code of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 49, page 488.)
246
ACTION:
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ...... 6.
NAYS: None O.
(Council member Garland was absent.)
PUBLIC ASSISTANCE-EQUIPMENT: The City Manager submitted a written
report advising that on October 21, 1986, Council approved a Capital
Maintenance and Equipment Replacement Program; that Council designated
funds in the Capital Maintenance and Equipment Replacement Program to
provide for the replacement of vehicles in the Department of Social
Services; that requested vehicular equipment for Social Services is 80%
reimbursable by the Commonwealth of Virginia; that the existing state
contract meets all requirements of the State Procurement Code; that the
City of Roanoke has the authority to procure vehicular equipment under
this contract; and vehicles needed by the Department of Social Services
which are available under the state contract are:
one new four door, five passenger Chevrolet
Cavalier Station Wagon for $7,711.89.
two new four door, Plymouth Reliant K Sedans for
$7,218.59 each.
The City Manager recommended that Council approve procurement of
vehicular equipment through the state system as follows:
One new four door, five passenger Chevrolet
Cavalier Station Wagon from Dominion Chevrolet,
Richmond, Virginia, for $7,711.89.
Two new four door Plymouth Reliant K Sedans from
Poquoson Motors, Inc., Hampton, Virginia, for the
total of $14,437.18.
Increase appropriation level in Account No.
A01531490010 by $17,719.07 and increase revenue
estimate in Account No. R01061503 by $17,719.07 to
provide for the purchase of the above vehicles
(this amount represents 80% reimbursement of
purchase price by the State).
Transfer $22,149.07 from Capital Maintenance and
Equipment Replacement Program to Social Services
Account No. A01531490010, to provide for the
purchase of the above vehicles.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28018) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 483.)
Mr. Trout moved the adoption of the Ordinance.
seconded by Mr. Bowers.
The motion was
Mr. Harvey stated it is proposed by the City Manager that the
automobiles will be purchased from an out of town dealer and expressed
the opinion that if an item is to be used in the City of Roanoke, it
should be purchased through a local dealer.
247
Mr. James D. Ritchie, Director of Human Resources, advised that
the City has the option under the purchasing arrangement to write its
own specifications and bid an item, or the City may purchase from the
state contract which was previously bid state-wide; and every dealer
had an opportunity to bid on the state contract.
Mr. Trout expressed concern that bids were not solicited in the
City of Roanoke, noting that he is extremely concerned that the admi-
nistration would go outside the City with its business and accept the
bid of a car dealer in Richmond who does not pay City taxes, or contri-
bute to the City's economic development.
The City Manager advised that a number of projects in terms of
vehicles and rolling stock that were other than emergency related
public safety kinds of questions were frozen as a result of the
November 4, 1985, flood; and he administratively held those funds back
in order to make sure the City had appropriate local funds to handle
conditions as a result of the flood. He said within the last two weeks
Mr. Ritchie advised him that vehicles are breaking down out of the City
with welfare clients occupying those vehicles and when this was brought
to his attention, he asked Mr. Ritchie to proceed with the purchase of
the vehicles. He said the cut off date in terms of bidding and pro-
curing new vehicles against bid specifications was fast approaching,
and the state contract had a March 15 deadline. He explained that
every time an item is bid, figures are compared against the state
contract, and if there is a difference of significance, he feels com-
pelled to bring to Council the lowest responsible bid even if it is a
state contractor.
Following discussion, Ordinance No. 28018 was adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ........
(Council member Garland was absent.)
Mr. Trout offered the following emergency Ordinance:
O.
(#28019) AN ORDINANCE authorizing the purchase of certain vehicu-
lar equipment by utilizing the Commonwealth of Virginia's contracts
with certain vendors; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 484.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council member Garland was absent.)
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that
the bid of Atlantic Technical Sales, Inc., to supply 5,740 gallons of
traffic paint, for the total amount of $27,265.00, be accepted; and
that the other bid be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(~28020) AN ORDINANCE accepting bids made for traffic paint;
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 485.)
248
ACTION:
ACTION:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................ 6.
NAYS: None .... O.
(Council member Garland was absent.)
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAiNS-EASEMENTS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report of the committee recommending that Council authorize an
agreement with Exxon Company, U.S.A. to provide for the relocation of
the Hollins Road storm drain at Hollins Road and Rhodes Avenue, N. E.,
pursuant to certain terms and conditions as more fully set forth in a
document entitled "Exxon Company, U.S.A./City of Roanoke, Virginia,
Terms and Conditions for Storm Sewer Relocation".
(For full text, see reports on file in the City ClerkIs Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28021) AN ORDINANCE authorizing the appropriate City officials
to enter into an agreement with Exxon Company, U.S.A., providing for
the relocation of the Hollins Road storm drain, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 485.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None-
(Council member Garland was absent.)
EASEMENTS-C & P TELEPHONE COMPANY-INDUSTRIES: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report of the committee recommending that Council
authorize the granting and execution by the City Manager of a temporary
easement ten feet wide and approximately 1900 feet long, through the
westerly portion of the Roanoke Centre for Industry and Technology to
C & P Telephone, to provide a new underground service to the Blue Hills
Country Club, pursuant to the following:
Legal documents to be prepared by C & P Telephone
Company are to the satisfaction of the City
Attorney.
Line to be repaired, replaced or relocated at C & P
Telephone Company's expense within 60 days of
receiving written notice from the City Manager.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28022) AN ORDINANCE authorizing the appropriate City officials
to grant a temporary telephone utility easement to C & P Telephone
through the Roanoke Centre for Industry and Technology, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 489.)
249
ACTION:
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor- ----6.
NAYS: None ..... ' ........ O.
ACTION:
I
(Council member Garland was absent.)
BUDGET-AIRPORT-STREETS AND ALLEYS: Council having previously
referred to a committee for tabulation, report and recommendation bids
received for Aviation Drive widening - divided four lanes between
Municipal Road and Thirlane Road, Mr. Kit B. Kiser, Director of
Utilities and Operations, presented a written report on behalf of the
committee recommending that the contract be awarded to Virginia Asphalt
Paving Company, Inc., in the amount of $171,385.73, and establishment
of a contingency, in the amount of $20,000.00, in an account to be
established by the Director of Finance; that the Director of Finance be
authorized to establish the appropriate accounts to receive Airport
Access Funds from the State; and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28023) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 486.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ............. ' ......... O.
ACTION:
(Council member Garland was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28024) AN ORDINANCE accepting the bid of Virginia Asphalt
Paving Co., Inc., for construction of improvements to Aviation Drive,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; and providing for an mmergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 486.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor- . ......... 6.
NAYS: None-
I;
{Council member Garland was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
250
BUDGET: The Council concurred in the following schedule for
1986-87 fiscal year budget deliberations:
April 21
Budget presentation at the
regular meeting of Council at
2:00 p.m.
April 29
Budget study - 8:00 a.m. until
12:00 noon
April 30
Budget study - 8:00 a.m. until
12:00 noon
May 1
Budget study- 1:00 p.m. until
4:00 p.m. (if necessary)
May 2 - 6
Work period for the administra-
tion
May 7
Special meeting of City Council
to conduct a public hearing on
the fiscal year 1986-87 recom-
mended budget - 9:00 a.m.,
until 12:00 noon
Budget study - 1:00 p.m., until
4:00 p.m. (if necessary)
May 8
Budget study - 8:00 a.m. until
12:00 noon (if necessary)
May 9
Budget study - 1:00 p.m. until
4:00 p.m.
May 12
Adopt the fiscal year 1986-87
budget at a special meeting
of Council to be held at
10:00 a.m.
OTHER HEARINGS OF CITIZENS:
C~MPLAINTS-CIVIC CENTER: Mr. James L. McCulloch, 202 Trinkle
Avenue, N. E., appeared before Council and read a prepared statement on
behalf of approximately 29 churches in the Williamson Road area,
expressing opposition to the male burlesque show which is scheduled to
appear at the Roanoke Civic Center on Friday, March 14, 1986.
(For full text, see statement on file in the City Clerk's Office.)
The Mayor advised that Council members and City administrative
staff have received numerous inquiries about the activity, and called
upon the City Attorney to make a statement concerning the laws which
govern use of the Civic Center.
The City Attorney advised that he has received inquiries from
citizens about the matter, noting that several factors need to be made
clear for the public and Council in respect to the issue. He stated
that the City does not sponsor the event, nor does the City endorse or
pr~note the event and no public funds are used to finance or advertise
the event -- the City is merely a lessor of a public facility which
ordinarily is leased on a first come, first serve basis. He advised
that dancing, music and comedy are all forms of expression which are
protected by the First Amendment; that over the years the Civic Center
has become a forum for the exercise of First Amendment rights; that
once a faciltty is opened to any promoter who can pay the rent, the
Federal courts will not permit a local government to prohibit certain
promoters from using the facility based on the content of the produc-
tion. He explained that obscenity is not protected by the First
Amendment; and the promoters of this production have been made aware of
state laws and local ordinances prohibiting obscenity and prohibiting
indecent exposure, and it can only be presumed that they will comply
with state and local laws; that to assume in advance that the produc-
tion will be obscene and to prohibit the production on the basis of
251
this assumption would be a prior restraint which is not permitted by
the courts without an adversarial judicial proceeding; and should there
be anything obscene about the production or should there be any inde-
cent exposure, the promoters and the members of the cast are subject to
arrest and prosecution for violation of state and local ordinances.
Mr. Dib~ing said Section 21-99 of the City Code makes it unlawful
for any person to knowingly produce, promote or participate in any
obscene production, performance or show; that Section 21-105 prohibits
indecent exposure; that the promoters of the show have been advised of
state and local laws with respect to these offenses; and they have been
put on notice that the laws will be enforced and any violation will
subject the promoters and performers to arrest and prosecution.
Mr. Musser suggested that a copy of Mr. McCulloch's statement be
forwarded to the Commonwealth's Attorney for his information.
COMPLAINTS: Mr. O. J. Cales, 530 Fieldale Road, N. E., appeared
before Council and expressed the following concerns:
Unsightly conditions as a result of the side and
part of the front yard of a house across the street
from his residence being used by Lawrence Transfer
and Storage for parking.
Unsightly condition of a turnaround which was sup-
posed to have been constructed as a T-turnaround as
proposed by Lawrence Transfer and Storage. (Mr.
Cales advised that the turnaround consists of a
piece of pavement approximately twenty feet long
which is partially paved with a guard rail along
the side but nothing on the other side of the
street.) (See City Planning Commission report under
date of April 11, 1983.)
m
Parking by Lawrence Transfer and Storage employees
on Hollins Road, Fieldale Road and vicinity.
Blocking traffic, both north and south, on Hollins
Road when tractor trailers are weighed by Lawrence
Transfer.
Excessive noise generated by either a fire alarm or
burglar alarm system on the premises of Lawrence
Transfer.
ACTION:
Mr. Harvey moved that the concerns expressed by Mr. Cales be
referred Lo the City Manager for investigation and report to Council.
l he motion was seconded by Mr. Trout and adopted.
COMPLAINTS-SIDEWALK, CURB AND GUITER: Mr. H. E. Vipperman, 2821
Edison Street, N. E., appeared before Council and presented a petition
signed by residents of Edison and Kennedy Streets, N. E., requesting
curb installation in the 2600 - 2900 blocks of Edison and Kennedy
Streets, between Liberty Road and Fu§ate Road, N. E.
(For full text, see petition on file in the City Clerk's Office.)
ACTION: Council requested that the petition be referred to the City Mana-
ger for investigation and report to Council.
Mr. Charles R. Minter, representing the Williamson Road Action
Forum, welcomed the members of Council to the Williamson Road com-
munity.
There being no further business, the Mayor declared the meeting
adjourned at 9:30 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
252
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 10, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 10, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Itoward E. Musser, James O. Trout, David A.
Bowers, Robert A. Garland, James G. Harvey, II and Mayor Noel C. Taylor ....... 6.
ABSENT: Council member Elizabeth T. Bowles---
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James R. Meador,
Jr., Pastor, Riverland Road Baptist Church.
The Pledge of Allegiance to the Flag of the United States of /~nerica
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-FIRE DEPARTMENT: Senator J. Granger
Macfarlane and Delegates A. Victor Thomas and Clifton A. Woodrum, III,
appeared before Council and presented Resolutions adopted by the 1986
Session of the General Assembly with respect to the service of Fire
Captain Robert G. Cassell and Firefighter Harvey H. Helm who were
killed in the line of duty by a hit and run driver on October 31, 1985.
Senator Macfarlane advised that Governor Baliles asked him to
inform the families of the two firefighters of the Silver Star Founda-
tion Scholarship which was established to render assistance to young
people who desire to attend college and stated that his office and the
offices of Delegates Thomas and Woodrum will contact the Cassell and
Helm families concerning the scholarship.
Senator Macfarlane presented a framed copy of Senate Joint
Resolution No. 49 to Mrs. Cassell and he presented a framed copy of
Senate Joint Resolution No. 50 to Mrs. Helm.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Council at its regular meeting on Monday,
February 10, 1986, having continued a public hearing on the request of
John E. Gardner, Jr., that a portion of the alley between King George
Avenue and Woods Avenue, S. H., running in a northerly direction
approximately 120 feet and intersecting with Woods Avenue, and in an
easterly direction approximately 20 feet from a garage apartment
located at 315 King George Avenue to a proposed turnaround, be per-
manently vacated, discontinued and closed, the matter was again before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News, on Monday,
January 27, 1986, and Monday, February 3, 1986
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
alley be closed, subject to the following conditions, was before
Council:
253
That City Council amend Ordinance No. 23445
releasing the applicant from his agreement to
'dedicate and improve at his expense, such substi-
tute access route providing access to the portion
of the hereinafter described alley to remain open
to and from Woods Avenue, S. W.'
That Ordinance No. 23445 be made to take effect
simultaneously with the new ordinance vacating and
closing the alley portion currently requested for
closure.
That the applicant provide a plat of subdivision
dedicating an adequate turnaround area at the
alley's proposed terminus including a subdivider's
agreement and a sufficient bond or letter of credit
in an amount deemed adequate by the City Engineer
to construct said turnaround.
That all necessary utility easements be retained.
It was explained that the above recommendation is based on the
following conclusioqs:
Effect of Ordinance No. 23445 will be clarified, as
amended.
Closure would not create a dead-end alley since an
adequate turnaround area would be provided.
Closure would not adversely effect adjoining pro-
perty owners. All adjoining property owners would
have unencumbered egress and ingress to and from
the rear of their properties to the alley's inter-
section with Fourth Street, S. W.
Traffic flow and traffic safety would be improved
by eliminating and minimizing unneeded alley inter-
sections into the Franklin Road thoroughfare or in
the immediate intersectional vicinity of adjacent
streets.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
fi rst reading:
(#28025) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; amending the effective
date of Ordinance No. 23445 relating thereto; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 500.)
ACTION:
The motion was seconded by Mr. Bowers.
Dr. Gardner appeared before Council in support of his request,
explained his proposal, and answered questions raised by the members of
Council.
Dr. Roger M. Winborne, 374 Woods Avenue, S. W., appeared before
Council in opposition to the closing of the alley, advising that he
owns three properties on the alley all facing Woods Avenue. He said he
uses the alley several times a day as well as those persons who rent
from him; that the alley is also used frequently by C & P Telephone
Company, Appalachian Power Company, City refuse collection vehicles,
tree trimmers, etc. He noted that he was not contacted by the deve-
loper with regard to the proposal and he does not think plans for deve-
]opment of the eastern end of the alley have been fully made known to
the neighborhood. He asked that some method of keeping the alley open
both ways be worked out through either a turn-out of the alley running
to Woods Avenue, or a permanent easement obtained by the developers and
given to property owners adjacent to the alley.
54
Mr. Terry Winborne, 376 Woods Avenue, S. W., appeared before
Council and advised that as a taxpayer, he feels something is being
.given away that he owns a part of il: the alley is deeded to Dr. Gardner
with nothing in return to the residents who live there. He expressed
concern that refuse collection trucks used by the City are approxima-
tely 25 - 30 feet long, which in a 20 foot turn-out would have no
chance of turning around, and the trucks would have to back down the
alley. He said residents would like to have some guarantee of access
from both ends ot~ the alley and filed a petition signed by over 50% of
the property owners whose property backs up to the alley stating they
are opposed to closing the alley unless an easement is deeded to pro-
perty owners for a turn-out to Woods Avenue.
Ms. Tam Richert, 423 Allison Avenue, S. W., Board Member, Old
Southwest, Inc., appeared before Council and advised that residents are
concerned that the alley in the 300 block of Woods Avenue might be
blocked to through traffic on the east side of Franklin Road, pointing
out that alleys are very important to their neighborhood because they
provide them with City services and act as a driveway in many cases so
that they may remove their cars from the streets; that providing a tur-
naround at one end sounds all right in theory but in fact is not suf-
ficient; that approximately ten spaces are available for residential
parking off the alley which could cause safety problems if more than
one individual chose to use the alley at the same time and no alternate
exit was available; and through access is imperative to provide ade-
quate service and safety.
Ms. Richert presented several solutions which would satisfy the
needs of both the neighborhood and Dr. Gardner, as follows:
Allow the alley to remain as it is and seek varian-
ces in the ordinances which would allow perpendicu-
lar parking off the alley.
Alter the alley's route to Woods Avenue or King
George Avenue.
Dr. Gardner could give a deeded easement (right-of
way) to the residents of the block that they would
be permitted to exit the alley through one of the
parking lots to either King George or Woods Avenue.
This option would make sure that the alley was
never blocked and through-access possible.
Ms. Richert advised that in the spirit of being good neighbors,
the members of Old Southwest, Inc., voted to support the following
option:
"In return for City Council granting Dr. Gardner
City p~operty by closing the alley in question, Dr.
Gardner would give a deeded 'right-of-way to the
residents in the block - through the parking lot to
either Woods Avenue or King George Avenue."
Mr. Nelson Hayden, appeared before Council and advised that he
owns one-half interest in the property immediately adjacent to the pro-
perty in question at 366-368 Woods Avenue, S. W., noting that he spent
considerable sums of money over the past two to three years to improve
his property, and he is of the opinion that the project proposed by Dr.
Gardner would be of benefit to the street and community and he has no
stated objection.
Mr. Larry H. Moore, 813 Franklin Road, S. W., appeared before
Council and advised that his firm manages property at 327-329 King
George Avenue, S. W., noting that he was assured by the City Planning
staff that there would be more than adequate room for refuse trucks and
other utility vehicles to turn around and exit the alley. He said he
has no objection to the hammerhead and would like to see something
developed with the property inasmuch as it would be a great improvement
to the neighborhood.
255
A communication from Ms. Clara J. Maddox, President, The Maddox
Agency, Inc., advising that she owns real estate located at 315 King
George Avenue, S. Wo, directly adjacent to the proposed hammerhead
turnaround and she is in favor of the proposal and would welcome the
development of the property to its best advantage, was before Council.
A communication from Mr. John H. Parrott, Jr., 380 Woods Avenue,
S. W., advising that his house backs up to the alley and is located at
the intersection of Woods Avenue and Fourth Street, noting that he has
seen the plans for the proposed office buildings and he has no objec-
tion to blocking the alley at Franklin Road as long as there is ample
space to turn around and he has been assured that such space will be
provided, was also before Council.
(For full text, see communications on file in the City Clerk's Office.)
With reference to the question of whether or not refuse collection
trucks would be able to turn around safely, Mr. William F. Clark,
Director of Public Work, advised that to his knowledge the dimensions
of the turn around have not been pinned down and the Engineering
Department would insist before approving a subdivision plan, that the
turnaround be of such size as to satisfy refuse collection trucks.
Following discussion and questions by Lhe members of Council,
Ordinance No. 28025 was adopted on its first reading by the following
vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ..... 6.
NAYS: None .... O.
(Council member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 10, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of J. B. Goria that a 2.07
acre tract of ]and located at 2613 Williamson Road, N. W., designated
as Official Tax Nos. 3100901, 3100903, 3100904 and 3100934, be rezoned
from C-2, General Commercial District, to LM, Light Manufacturing
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday,
February 24, 1986, and MondaY; March 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
petition, as amended at the public hearing, be approved, advising that
the proposal offers the following major benefits, was before Council.
Employer moves out of the floodplain and remains in
the City.
Vacant building is preserved and dangerous shed is
removed.
Site is made more attractive by virtue of landscap-
ing, new building addition, and rehabilitation.
Proposed use generates less traffic and noise than
many permitted in existing C-2 zone and is there-
fore more compatible with nearby residents.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
256
ACTION:
(#28026) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 503.)
The motion was seconded by Mr. Garland.
Mr. J. B. Goria appeared before Council in support of his request.
No persQn wishing to address Council with regard to the request
for rezoning, Ordinance No. 28026 was adopted on its first reading by
the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ............ 6.
NAYS: None ......... _ .............. O.
(Council member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 10, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of the City Planning
Commission that a tract of land lying on the southerly side of Peters
Creek Road, N. W., designated as Official Tax No. 6490806, be rezoned
from C-2, General Commercial District, to C-1, Office and Institutional
District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Monday,
February 24, 1986, and Monday, March 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that existing land use is office and is more
appropriately zoned C-1; that rezoning not only makes the use and
zoning consistent, but better protects existing residential and office
development by limiting future use changes, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28027) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 503.)
The motion was seconded by Mr. Trout.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28027 was adopted on its first reading by
the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ........ -6.
NAYS: None .......... O.
(Council member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 10, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of W. Heywood Fralin,
Attorney, representing Harold E. Rose and William D. Ward that a 1.16
acre parcel of land located on Peters Creek Road, designated as
Official Tax No. 6490805, be rezoned from RS-l, Single-Family Residen-
tial District, to C-1, Office and Institutional District, subject to
certain proffered conditions, the matter was before the body.
ACTION:
The Mayor advised that the City Planning Department had made a
request that the public hearing be continued until the regular meeting
of Counci! on Monday, April 14, 1986, at 7:30 p.m.; whereupon, Mr.
Bowers moved that Council concur in the request. The motion was
seconded by Mr. Musser and adopted.
257
CONSENT AGENDA:
'1
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
BUDGET: A communication from Council member David A. Bowers
advising that as Council approaches the budget study period for the
next fiscal year, he is already hearing pleas from several worthwhile
civic and cultural groups for appropriations from the City of Roanoke;
that expenditure of taxpayers' funds for organizations such as museums,
youth organizations, health organizations, and other such private
groups which provide assistance, information and/or entertainment to
the people of the City can be worthwhile; however, he is again con-
cerned this year that some of the organizations are regional in their
delivery of services, and come only to the City of Roanoke with
requests for appropriations, and this does not seem fair to the citi-
zens of the City of Roanoke, was before Council.
Mr. Bowers said if organizations of a civic and cultural nature
are providing services to citizens of other jurisdictions, he is of the
opinion that it is proper for Council to inquire as to whether they are
requesting appropriations from other jurisdictions and whether they are
receiving any funds. Accordingly, throughout the upcoming budget, he
would like to request detailed information as to any appropriation
being made from the City for any organization which renders regional
services.
Mr. Trout moved that the communication be referred to the City
Manager. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ........ -6.
NAYS: None .......
(Counci I member Bowles was absent.)
O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ....... -6.
NAYS: None ........... O.
(Council member Bowles was absent.)
258
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUILDINGS-SPECIAL PERMITS: The City Manager submitted a written
report advising that the Roanoke United Central Labor Council purchased
the property at 1529-31Williamson Road, N. E., on May 26, 1983, and no
survey was made at that time; that the Labor Council, in the process of
having the building refinanced, had a survey made; that the survey
revealed encroachments of the building into the right-of-way of Wayne
Street, N. E.; that encroachments consist of a 3.5 foot by 5.7 foot
brick stoop, a smal! portion of the northerly end of the structure 75.9
feet long and varying from 0.7 feet to 0.4 feet deep, and a masonry
wall 18 feet long projecting 4.0 feet into the street right-of-way, and
a portion of a handicapped access ramp; and Council, by Ordinance No.
27907, adopted on December 16, 1985, granted a revocable permit to the
Roanoke United Central Labor Council to permit the encroachments to
remain.
It was explained that Sovran Bank, by letter dated January 25,
1986, notified the Labor Council that it was unable to close under its
previous loan commitment as the revocable permit did not provide for an
insurable title to the subject real estate; that the Labor Council by
letter dated January 24, 1986, asked the City to reconsider the matter
and grant a non-revocable permit for the encroachments; and the Water
Resources Committee discussed the matter at its regular meeting on
February 24, 1986, and authorized a report to Council providing that
the Labor Council and the City staff could work out their differences.
The City Manager recommended that Council revoke Ordinance No.
27907 and authorize the appropriate City officials to issue a con-
ditional permit to the Roanoke United Central Labor Council which may
become invalid, at the City's discretion, upon the first occurance of:
Destruction or removal of the structure or the
passage of forty years from the date of admission
to record of this permit, whichever shall first
OCCU r,
Notification to the City by the Virginia Department
of Highways and Transportation that State Highway
maintenance funds are in jeopardy as a result of
this encroachment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28028) AN ORDINANCE revoking Ordinance No. 2790/, dated
December 16, 1985, and permitting certain encroachments over and into
the right-of-way of Wayne Street, N. E., for an existing brick stoop, a
small portion of the building, and a masonry wall on the northern side
of the property bearing Official Tax No. 30/0/07, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No, 49, page 486.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor .............................................. 6.
NAYS: None .................. O.
(Council member Bowles was absent.)
BUDGET-STREETS AND ALLEYS-RAILROAD SIDINGS: The City Manager sub-
mitted a written report advising that Shenandoah Avenue alignment is
less than desirable for vehicular traffic between First Street Bridge
and Centre Avenue, N. W., due to its deviation to the north side of the
former Railway Express Agency Building; that Council endorsed the con-
cept of a project which would result in the realignment of Shenandoah
Avenue at its June 3, 1985, meeting and referred the matter to the
Water Resources Committee to review the details of the project; that
the Water Resources Committee, at its meeting on June 17, 1985, recom-
mended to Council that Council authorize the appropriate City officials
to enter into agreement with N & W for the acquisition of the new
Shenandoah Avenue right-of-way between First Street Bridge and Second
Street, N. W., subject to approval by the City Attorney, and subject to
a source of funding being identified and approval of closing of the
present right-of-way.
It was explained that Council, pursuant to Ordinance No. 27913,
adopted on December 23, 1985, permanently vacated, discontinued and
closed the present right-to-way serving Shenandoah Avenue traffic;
that the ordinance is to take effect on the date that the City Engineer
certifies, in writing, to the Norfolk and Western Railway Company that
Shenandoah Avenue, N. W., as it is to be relocated on right-of-way to
be dedicated to the City by the Railway Company, has been relocated on
properly dedicated right-of-way, and said right-of-way has been
improved to City standards and has been opened for the general con-
veyance of the public.
Mr. Herbert advised that accompanying his report is a report of
the Bid Committee with reference to Shenandoah Avenue, N. W., realign-
ment from under First Street Bridge to Centre Avenue, N. W.; that the
realignment is needed to improve traffic flow and safety along this
roadway; and Norfolk and Western Railway Company is in agreement with
the City's plans for roadway realignment.
The City Manager recommended that Council take the following
action:
Authorize the City Manager to execute agreement
with Norfolk and Western Railway and all other
necessary documentation required in conjunction
with this project providing for:
release of existing City right-of-way in relocated
portion of Shenandoah Avenue,
donation to City of realigned Shenandoah Avenue
right-of-way,
reservation of easements for certain City utility
facilities,
payment by City of $9,000.00 to Norfolk & Western
Railway Company for costs associated with clearing
the proposed right-of-way, to be funded by Capital
Maintenance and Equipment Replacement Program's
contingency,
approve recommendation of the Bid Committee in
accompanying report, and
appropriate $9,000.00 in an account to be esta-
blished by the Director of Finance in the Capital
Projects Fund, all of which is available in the
Capital Maintenance and Equipment Replacement
Program.
(For full text, see report on file in the City Clerk's Office.)
259
260
ACT[ON:
ACT[ON:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance:
(#28029) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 489.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor .......................... 5.
NAYS: None- O.
(Council member Bowles was absent.) (Council member Trout abstained
from voting.)
Mr. Bowers offered the following emergency Ordinance:
(#28030) AN ORDINANCE authorizing certain City officials to enter
into an agreement with Norfolk and Western Railway Company for the
relocation of a portion of Shenandoah Avenue, N. W., upon certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 490.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ......................... 5.
NAYS: None .............
(Council member Bowles was absent.) (Council member Trout abstained
from voting.)
STREETS AND ALLEYS: Council member Robert A. Garland, Chairman of
a committee appointed by the Mayor to tabulate bids received for
Shenandoah Avenue, N. W. realignment from under First Street Bridge to
Centre Avenue, N. W., submitted a written report of the committee
recommending award of a contract to L. H. Sawyer Paving Co., Inc., in
the amount of $119,826.45, and establishment of a contingency, in the
amount of $12,000.00, in an account to be established by the Director
of Finance; appropriation of $131,826.45 to an account to be
established by the Director of Finance in the Capital Projects Fund,
$125,314.65 of which is available in the Capital Maintenance and
Equipment Replacement Program and $6,511.80 of which will be reimbursed
by the Norfolk and Western Railway; and that all other bids be
rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28031) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 490.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ........................... 5.
NAYS: None ............
(Council member Bowles was absent.) (Council member Trout abstained
from voting.)
Mr. Garland offered the following emergency Ordinance:
261
ACTION:
(#28032) AN ORDINANCE accepting the bid of L. H. Sawyer Paving
Co., Inc., for construction of the realignment of a portion of
Shenandoah Avenue, N. W., upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 491.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ............................................. 5.
NAYS: None--- O.
(Council n~mber Bowles was absent.) (Council member Trout abstained
from voting.)
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the City Administration submitted a bid for the
1986 AAU/USA Junior Olympics National Girls Basketball Tournament at
the AAU Convention in Phoenix, Arizona, on September 6, 1984; that
Roanoke was awarded the bid to host the tournament on July !8 - 25,
1986; that approximately 60 teams will be represented from all parts of
the United States; and playing sites will be the Roanoke Civic Center
(Tournament Headquarters), Salem Civic Center, Roanoke College and
Salem High School.
It was explained that the City has received and needs to execute a
Host Agreement which is a standard AAU Agreement that all "Host" orga-
nizations have to execute.
The City Manager recommended that Council authorize him to execute
the Host Agreement for the AAU/USA Junior Olympic Championship.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28033) AN ORDINANCE authorizing a certain contract to be
entered into between the City and the Amateur Athletic Union of the
United States, Inc., and the Virginia Association of the Amateur
Athletic Union of the United States, providing for the conduct of an
AAU/USA Junior Olympic National Basketball Championship to be hosted by
the City between July 18 and July 25, 1986; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 492.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ........... .6.
NAYS: None .......... O.
(Counctl member Bowles was absent.)
BUDGET-EMERGENCY SERVICES: The City Manager submitted a written
report advising that the General Assembly in 1984 established a one
dollar surc!.arge on all State of Virginia vehicle registration fees;
that the Code of Virginia, Section 46.1-149 (12), states that 25% of
the funds collected shall be returned to the locality wherein such
vehicles are registered; and this funding is to provide training of
emergency personnel and for use in each locality for the locality's
emergency medical program.
262
It was explained that Roanoke City's share of funds estimated
through the vehicle registration fee for fiscal year 1986 was
$14,000.00; that funds in the actual amount of $16,983.00 were received
for fiscal year 1986 for this program; and monies will be spent as
identified by Section 46.1-149 (12), as follows:
Training of emergency medical services personnel.
Purchase of necessary emergency medical equipment
for the efficient operation of the program.
The City Manager recommended that Council accept State [unding in
the amount o[ $16,983.00 to improve the City's Emergency Medical Ser-
vices Program; and appropriate additional funding of $2,983.00 to the
Emergency Services Account No. A01352030035, Expendable Tools and
Equipment, and increase the Revenue Estimate, in the amount of
$2,983.00 (Account No. R01063057).
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28034) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 493.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ........ 6.
NAYS: None-- O.
(Council member Bowles was absent.)
BONDS-SIDEWALK, CURB AND GUTTER: The City Manager submitted a
written report advising that the 1985 Bond Referendum included
$1,100,000.00 for sidewalk/curb and gutter installations; that requests
for these improvements received in the City Engineerin9 Department
range from small fill-in projects to large projects covering several
City blocks; that approximately 120 such requests have been received,
and are estimated to cost in excess of $4,000,000.00 to construct; that
future requests can certainly be expected and will likely increase at a
faster rate as these pending sidewalk/curb and 9utter projects are
constructed and other citizens without sidewalk, curb and 9utter see
the improvements being made; and improvements are expected to be con-
structed in phases:
Phase I - 1986 - $400,O00+_contract
Phase II - 1987 - $400,000+ contract
Phase III -
1988 - $300,000+ contract
It was explained that priority must be given to certain requests
to enable the selection of the requests deemed most necessary; and the
criteria established to enable such prioritization includes:
completion of School Sidewalk Safety Project loca-
tions,
economic development areas,
locations of significant pedestrian traffic, and
neighborhood revitalization.
It was further explained that project locations initially selected
in accordance with the criteria are listed in an attachment identified
as "Attachment I"; that criteria for prioritization will be reviewed
and refined, if necessary, as the program proceeds into Phases II and
III, to assure that the Administration is properly addressing the needs
of the City; that the obvious shortfall in funding for current and
future citizen requests will need to be considered in the future
Capital Improvement Program, along with other capital funding needs;
and requests for individual sidewalk/curb and gutter improvements
(fill-ins) that apparently will not meet criteria, may need to be
addressed through a 50/50 cost sharing program, with a funding source
for the City's share of the cost to be identified.
263
The City Manager recommended that he be authorized to proceed with
advertisement for bids for the recommended list of projects found in
"Attachment I".
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted.
BUDGET-TRAFFIC-FIRE DEPARTMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to the purchase of an emergency vehicle traffic signal pre-
emption system.
It was explained that fire emergency vehicles, due to their size,
weight and need to respond in a timely manner, require a mechanism that
will allow them to obtain a green light at signalized intersections,
eliminating the need to stop and start, causing undue wear and tear on
equipment and delay in responding to fire alarms which will enhance
public safety.
The Bid Committee, concurred in by the City Manager, recommended
that Council accept the bid of 3M Company to provide the above
described equipment, in the amount of $61,651.00; that Council approve
the transfer of $67,000.00 from the Public Improvement Bond Series 1985
Street and Bridges category, Account No. A08310172808, to an account
entitled "Emergency Vehicle Traffic Signal Preemption" as established
by the Director of Finance, with the difference in the amount required
for the bid and appropriation to be used for the purchase of minor
parts which may be necessary in the installation of the system.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28035) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 493.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland and Mayor
Taylor ............ 5.
NAYS: None .......
(Council member Bowles was absent.) (Council member Harvey was out of
the Council Chamber.)
Mr. Bowers offered the following emergency Ordinance:
(#28036) AN ORDINANCE accepting the bid of Minnesota Mining &
Manufacturing Corporation made to the City for furnishing and deli-
vering the OPTICOM emergency traffic signal preemption system as
described in the City Manager's report of March 10, 1986, and providing
for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 494.)
Mr, Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
264
AYES:
Taylor .....
Council members Musser, Trout, Bowers, Garland and Mayor
5.
NAYS: None ..................................................... O.
(Council n~mber Bowles was absent.) (Council member Harvey was out of
the Council Chamber.)
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:25 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Bowles.
BUDGET-TRAFFIC-FIRE DEPARTMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to traffic signal controllers.
The Bid Committee recommended that Council accept the bid of
Traffic Engineers Supply Corporation to provide seven traffic signal
controllers with six to be pre-wired for "Emergency Vehicle Traffic
Control" (OPTICOM), for a total amount of $100,657.00; that Council
approve transfer of $55,000.00 from the 1985 Public Improvement Bonds
Streets and Bridges category, Account No. A08310172802, and the
following amounts to a new account to be established by the Director of
Finance in the Capital Projects Fund to be called "Emergency Vehicle
Equipment", with the extra amount of $8,090.00 to allow for installa-
tion and miscellaneous expenses which will be incurred:
Orange Ave. and Kimball Ave. No E.
A08230191500 $ 7,889.00
Orange Ave. and King St., N. E.
A08230191600
7,969.00
Flood Damage
A08230191800
37,889.00
1985 Public Improvement Bonds
Streets and Bridges category
55,000.00
$108,747.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28037) AN ORDINANCE Lo amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 494.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ............................ 6.
NAYS: None ..................................................... O.
(Council member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28038) AN ORDINANCE accepting the bid of Traffic Engineers
Supply Corporation made to the City for furnishing and delivering traf-
fic signal controllers as described in the City Manager's report of
March 10, 1986, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 495.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
m
ACT[OH:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ......... ---6.
NAYS: None ......................... O.
(Council member Bowles was absent.)
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
Sports Complex equipment.
The Bid Committee recommended that Council accept the following
bids and reject all other bids, with funding in the total amount of
$45,479.00 to come from Roanoke Sports Complex Project (Phases IB, IIA
and IIB) Account No. A08170191700.
Twelve soccer goal nets from Tennis Courts, Inc.,
for the total amount of $592.00.
Eight portable combination football/soccer goals
from CMT Sporting Goods, for the total amount of
$7,000.00.
Four electronic scoreboards with control centers
from John ~. Taylor and Associates, for the total
amount of $12,048.00.
Thirty-three waste receptacles from J. H. Pence
Company, for the total amount of $7,755.00.
Twenty-four portable bleachers from Tennis Courts,
Inc., for the total amount of $18,084.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28039) AN ORDINANCE accepting bids for sports complex equip-
ment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 496.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ............ 6.
NAYS: None .......... O,
(Council member Bowles was absent.)
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to the purchase of a 1,250 GPM Pumping Engine for the Fire
Department.
The Bid Committee recommended that Council accept the low bid
meeting specifications with two informality exceptions from Kovatch
Corporation, Car-Mar Apparatus Division, in the amount of $129,556.00,
and reject all other bids; and that Council appropriate $165,000.00
from the Capital Maintenance and Equipment Replacement Program to Fire
Department Account No. A01321390010 for the following:
$129,556.00 for one new pumping engine, and
$ 35,444.00 for operational equipment to be pur-
chased by competitive bid process.
(For full 'text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
265
266
(#28040) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 496.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ................................ 6.
NAYS: None .................... O.
(Council member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#28041) AN ORDINANCE providing for the purchase of a new fire
engine for use by the City, upon certain terms and conditions, by
accepting a bid made to the City for furnishing and delivering such
equipment; rejecting other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Orainance Book No. 49, page 497.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor--- 6.
NAYS: None .....................
O.
(Council member Bowles was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to purchase of police automobiles.
The Bid Committee recommended that Council authorize purchase of
nineteen police patrol vehicles from the Commonwealth of Virginia
contract currently held by Whitlow Chevrolet, Richmond, Virginia, for
the total amount of $210,048,23; and Council authorize transfer of
funds, as follows:
$207,031.41 from Capital Maintenance and Equipment
Replacement Program to Police Department Account
No. A01311390010.
$1,048.23 from Police Department
A01311330030 to A01311390010.
Account No,
$3,016.82 from Capital Maintenance and Equipment
Replacement Program to Motor Vehicle Maintenance
Account No. A05264134010.
The committee also recoinmended that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28042) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 498.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the roi]owing vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Tayl or ....... 6.
267
NAYS: None- O.
(Council member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
ACTION:
(#28043) AN ORDINANCE authorizing the purchase of certain vehicu-
lar equipment by utilizing the Commonwealth of Virginia's contract with
a certain vendor; rejecting other bids; and providing for an emergency.
{For full text of Ordinance, see Ordinance Book No. 49, page 499.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ........................... 6.
NAYS: None ..............
(Council member Bowles was absent.)
DIRECTOR OF FINANCE:
TAXES-LEGISLATION: The Director of Finance submitted a written
report advising that the approved House Tax Reform Bill proposes to
impose a new major information reporting requirement on state and local
governments; that the provision would require state and local govern-
ments to send a federal return (Form 1099) to the Internal Revenue
Service for each taxpayer making payments of income and property taxes
to the government in excess of $10.00, and, furnish each taxpayer with a
written statement showing payments received from the taxpayer, the pur-
pose of the provision being to diminish federal tax evasion.
Mr. Schlanger advised that this late addition to the tax bill was
never discussed in public hearings, no analysis was made of the ability
of state and local governments to comply with the requirement in a
timely fashion, no evidence was presented showing a need for the provi-
sion, and no cost-benefit analysis was made to demonstrate that the
costs of the provision for states and localities exceeded the benefits
to the Federal Government.
The Director of Finance explained that he is opposed to the new
federal reporting requirement because of the following adverse impacts
it will have on the City's local tax administration and enforcement:
It would impose major new compliance require-
ments.
Some of its principal requirements are not
operationally feasible, a factor which would
unintentionally place the City of Roanoke in
violation of federal ]aw.
Financing the requirements (cost of postage,
processing and restructuring computer opera-
tions) would divert local funds from revenue-
producing enforcement activities to expendi-
tures which produce no local revenue when
local government revenue has already been de-
creased through the reduction of federal reve-
nue sharing.
Estimated federal revenue attributable to this
provision is substantially less than the esti-
mated direct and indirect costs to the state
and local governments,
68
e
A large part of the information local govern-
ments would be required to furnish the federal
government and the taxpayer would have no
value either in discovering unpaid taxes or in
promoting accurate filing.
The Internal Revenue Service has conducted
studies which indicate a high degree of
accuracy in taxpayers' reporting of state and
local deductions.
The intent of this provision can be accomp-
lished by other means such as improving
instructions on the federal tax form assisting
the taxpayer in determining the amount of
local taxes deductible in any tax year.
The Director of Finance recommended that Council adopt a measure
opposing such requirement to local governments, advising that it is not
operationally feasible as many local property tax identifications are
not in the name of the actual property owner, and the City does not
have the ability to obtain social security numbers for all property
owners.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
ACTION:
(#28044) A RESOLUTION opposing provisions of HR 3838, the Tax
Reform Act, requiring local governments to report to the Internal
Revenue Service for each taxpayer payments of real and personal pro-
perty tax in excess of $10.00 and further requiring local governments
to furnish each taxpayer with a written statement showing such payments
received from each taxpayer.
(For full text of Resolution, see Resolution Book No. 49, page 499.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor .... 6.
NAYS: None- O.
(Council member Bowles was absent.)
REPORTS OF COMMITTEES:
AIRPORT: A report of the Airport Advisory Commission concurring
in a staff recommendation that Council approve FAA Lease No. DTFAOS-86-
L-61052, was before the body.
The staff report explained that the Federal Aviation Administra-
tion (FAA) presently leases .6 acre of land under Lease No. DOT-FA73EA-
6680 dated March 31, 1979; that the plot is located approximately go0
feet from the west side of the terminal and Runway 15/33; that the site
is for the Woodrum Very High Frequency Terminal Omnirange Station
(Woodrum TVOR); and Woodrum TVOR functions as follows:
Directs aircraft with receiving equipment to and
from the airport.
Navigational aid in VOR/DME-A non-precision instru-
ment approaches to Runway 23.
Aids in missed approaches to instrument Runways 5,
23 and 33.
Broadcasts transcribed weather reports to pilots.
It was noted that Lease No. DTFAO5-86-L61052 begins March 1, 1986,
ends September 30, 1986, and is renewable year to year at the option of
the FAA until September 30, 2006; and the FAA has requested the follow-
ing in the proposed lease:
269
Authorization to construct a 182 sq. ft. building
and install and operate a second-generation TVOR.
Existing 64 sq. ft. building to be removed when new
construction is completed.
Deletion of the nominal consideration of $1.00 per
year for site rental because of processing costs.
Right to maintain underground power and control
cables to the TVOR from the FAA Flight Service
Station (Building #1) by the most convenient route.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28045) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease agreement with the United States Department of
Transportation, Federal Aviation Administration, for installation,
operation and maintenance on City property of a 182 square foot
building and second-generation equipment to serve the Airport's Very
High Frequency Terminal Omnirange Station (Woodrum TVOR); upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 487.)
ACTION: The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Tayl or- .6.
NAYS: None .............
(Council member Bowles was absent.)
STREET NAMES: The City Planning Commission submitted a written
report with reference to the naming of an unnamed street existing from
Ferncliff Avenue, N. W., to Ordway Drive, N. W., advising that the
street was recently donated to the City as a gift by the heirs of Mrs.
Hester C. Hoback; that Council adopted Ordinance No. 27879 on
November 11, 1985, accepting the parcel as a gift from the heirs of
Hester C. Hoback and dedicating same for public use on November 11,
1985; and a request to name the street Hoback Drive, N. W., was
referred to the names subcommittee by the Planning Commission on
December 18, 1985.
The Planning Commission recommended that the street section offi-
cially be named Hoback Drive, N. W., as requested, but subject to the
following condition:
That the street named by subdivision plat and
recorded in Map Book 1, page 302, as Hershberger
Park Drive, N. W., be changed and officially
designated as Hoback Drive, N. W.
The Planning Commission advised that the above recommendation is
based on the following conclusions:
Name requested, Hoback Drive, N. W., is consistent
with the history of the site.
Plat recording the designation of Hershberger Park
Drive and Hershberger Park Circle is redundant and
repetitious by street name standards.
70
Recommendation would clarify street name iden-
tification and minimize duplication.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28046) AN ORDINANCE naming a new public street and changing the
name of Hershberger Park Drive, N. W., to Hoback Drive, N. W., and
directing certain City officials to take appropriate measures to effect
the provisions of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 49, page 488.)
ACTION: The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor-- 6.
NAYS: None .................
(Council member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-BUILDiNGS-STREETS AND ALLEYS: Ordinance No. 28016
amending §7-3, Contractor's licenses, registration and bond; bond for
building operations on, or encroaching on, streets or alleys, of
Chapter 7, Building Regulations, of the Code of the City of Roanoke
(1979), as amended, in order to conform certain provisions of this sec-
Lion with the Code of Virginia, having previously been before the
Council for its first reading on Monday, March 3, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#28016) AN ORDINANCE amending §7-3, Contractor's licenses,
~ggistration and bond; bond for building operations on, or encroach-
ing on, streets or alleys, of Chapter 7, Building Regulations, of the
Code of the City of Roanoke (1979), as amended, in order Lo conform
certain provisions of this section with the Code of Virginia.
(For full text of Ordinance, see Ordinance Book No. 49, page 487.)
ACTION: Mr. Bowers moved the adoption of the Ordinance, The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor- 6.
NAYS: None--- ----0.
(Council member Bowles was absent.)
BUILDINGS-STREETS AND ALLEYS: Ordinance No. 28017 amending §20-6,
Liability insurance for certain street work in connection with
construction or demolition operations on private property, of
Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke
(1979), as amended, having previously been before the Council for its
first reading on Monday, March 3, 1986, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#28017) AN ORDINANCE amending §30-6, Liabilit~ insurance for
certain street work in connection with construction or demolition
operations on private property, of Chapter 30, Streets and Sidewalks,
of the Cod6 of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. 49, page 488,)
m
271
ACTIOH:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor ..............................
NAYS: None- - ...... O.
ACTION:
(Council member Bowles was absent.)
EASEMENTS-C & p TELEPHONE COMPANY-INDUSTRIES: Ordinance No.
28022 authorizing the appropriate City officials to grant a temporary
telephone utility easement to C & P Telephone through the Roanoke
Centre for Industry and Technology, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, March 3, 1986, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#28022) AN ORDINANCE authorizing the appropriate City officials
to grant a temporary telephone utility easement to C & P Telephone
through the RoanoKe Centre for Industry and Technology, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 489.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Garland, Harvey and
Mayor Taylor--
NAYS: None- . ........ O.
(Council member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:40 p.m., the Mayor declared the meeting in recess.
At 10:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Bowles.
There being no further business, the Mayor declared the meeting
adjourned at 10:35 p.m.
ATTEST:
City Clerk
APPROVED
272
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 17, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 17, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. laylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ........................... 7.
ABSENT: None ............................
.0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ronald W. Smith,
Pastor, Bethany Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
/~CTION:
BRIDGES: Pursuant to notice of advertisement for bids for deck
rehabilitation of the Walnut Avenue Bridge, S. E., over N & W Railway,
said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, March 17, 1986, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
fol lowing bi ds:
BIDDER BASE BID TOTAL BID
Wilkins Construction Co., Inc.
Lanford Brothers Co., Inc.
Robertson Construction Co., Inc.
$403,358.00
428,722.50
555,920.00
$424,658.00
443,218.50
625,920.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The MayGr a~ppointed Messrs. Robert .A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
STADIUM-MAHER FIELD: Pursuant to notice of advertisement for bids
for repair to flood damaged fencing at Maher Field and Victory Stadium,
said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, March 17, 1986, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the open-
ing of the bids; whereupon, the City Clerk opened and read the follow--
ing bids:
ACTION:
ACTION:
BIDDER BASE BID
Walker Fence & Handrail Company
International Fence Company
$20,636.02
60,923.50
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and Charles M. Huffine as members of the committee.
CONSENT AGENDA:
273
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and per-
sonnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 10, 1986, and Tuesday, February 18, 1986, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .... _ ................ 7.
NAYS: None ...........
O®
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 {a) {1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... -7.
NAYS: None .......
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia {1950}, as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
74
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... -7.
NAYS: None- - ..........O.
YOUTH: A communication from Mrs. Sara P. Holland tendering her
resignation as a member of the Youth Services Citizen Board, effective
April 1, 1986, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor-- 7.
HAYS: None- O.
CITY TREASURER: A communication from Gordon E. Peters, Treasurer,
transmitting the February, 1986, Statement of 1985-86 revenue receipts
for the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- ----7.
NAYS: Hone-- O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIOHS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-CITY CODE-INSURANCE: The City Manager submitted a written
report advising that on January 6, 1986, Council appointed a committee
to review a proposal received for automotive liability insurance, to
review the changing insurance market and develop a policy to address
protection of the City and its officers and employees in a time of
unaffordable or unobtainable insurance coverage; that on January 21,
1986, the committee met to discuss and evaluate the automotive liabi-
lity insurance proposal; that on February 3, 1986, the committee met
again to discuss and evaluate additional data collected relative to
automotive liability coverage; that difficulty in obtaining vehicular
liability insurance coverage is being experienced by local governments
throughout the nation, requiring self-insurance or no insurance; and
self-insurance is the retention of cash reserves to provide funding for
actual losses, or self-insurance related expenses, rather than pay
annual premiums.
It was explained that the current automotive liability insurance
policy provides adjustment of claims as a service by the carrier for
the City's premiums; that approximately sixty motor vehicle liability
claims, personal injury and property damage, are investigated and pro-
cessed by the carrier's adjusters each year; that adjustment of motor
vehicle liability claims is sophisticated professional work; that a
majority of claims are resolved by adjusters; and if the City self-
insures, adjustment services will be required.
I!
Mr. Herbert advised that defense of all litigation growing out of
motor vehicle liability claims against the City and its officers and
employees is now performed by private attorneys selected and paid by
the City's insurance carrier and this cost is included in the City's
premium; that the City Attorney could defend motor vehicle litigation
as competently and more cost effectively than special counsel and the
City Attorney could assume responsibility for defense of motor vehicle
litigation if other adjustments in workload were made.
It was explained that proposals being evaluated would provide the
following liability coverages:
Limits of Liability
(pgr occurance)
Cost
(pe~,zear)
$ 300,000 $ 168,500
500,000 206,500
1,000,000 261,500
It was further explained that to provide coverage at the limits of
liability of $1,000,000.00, which was the limit on prior year coverage,
the premium would increase $115,431.00 or 7g% over prior year cost;
that the State of Virginia, Office of Risk Mangement, formula to iden-
tify amount of fund retention of self-insurance is: average of last
three years premiums times one-third for inflation, times three equals
amount of retention, and this formula suggests the City's reserve for
motor vehicle liability should be $1,000,000.00; that the City must
obtain approval from the Virginia Division of Motor Vehicles to self-
insure automotive liability; that the prior year automotive liability
carrier has agreed to provide coverage with limits of $3,000,00 per
occurrence until March 31, 1986, at which time the short term policy
will expire; and the policy from January 1, 1986, to March 24, lg86,
will cost $37,912.50.
The City Manager recommended the following:
Reject the proposal received on automotive liabil-
ity insurance and self-insure motor vehicle liabil-
ity.
Self-insure motor vehicle liability effective
March 25, 1986, conditioned upon obtaining cer-
tificate of self-insurance from D.M.V.
275
Adjustment of Claims:
Authorize the Department of General Services to
solicit proposals from private adjustment firms for
adjustment of all City motor vehicle claims over
$2,000.00 for property damage and $500.00 for per-
sonal injury.
Transfer $5,000.00 from the Insurance Reserve
Account No. A01123720010, General Services Fees for
Professional Services Account, to compensate for
outside claims adjustment for the balance of fiscal
year 1985-86.
Administrative responsibility for private adjusting
firm would be with Department of General Services.
Claims would be paid from appropriations from the
self-insurance reserve established by City Council
for this purpose.
City Attorney would assist in the training of and
provide required legal support to adjuster.
276
City Attorney would expend approximately 175 hours
per fiscal year in defense of motor vehicle liti-
gation with any additional defense over and above
hours to be provided by special counsel retained by
the City Attorney for this purpose. Additional
time for the City Attorney to defend these claims
would be provided by the following adjustments:
City Attorney would rely on private independent
paralega] to perform basic title work, under super-
vision of City Attorney, required for filing of
weed, demolition and boarding up liens.
City Attorney would make greater utilization of
private independent paralegal to perform title
work, under supervision of City Attorney, relating
to City property acquisitions.
Department of General Services would assume res-
ponsibi]ity for adjustment of miscellaneous small
claims.
Authority of Department would be limited to (1)
property damage claims of $2,000.00, or less; and
(2) personal injuries where specials (medical bills
and lost wages) are $500.00, or less.
Miscellaneous claims above
would continue to be handled
Attorney.
foregoing limits
by Office of City
City Attorney would
required legal advice
Services with respect
laneous small claims.
continue to provide any
to Department of General
to adjustment of miscel-
Transfer $5,000.00 from the Insurance Reserve
Account No. A01122020010, City Attorney Fees for
Professional Services Account, to provide addi-
tional funding for private paralegal and special
counsel for the remainder of fiscal year 1985-86.
Transfer $37,912.50 from the Insurance Reserve
Account No. A01123735005, General Services Insur-
ance Account, to provide for the payment of a short
term policy from January 1, 1986, to March 24,
1986.
Adopt an Ordinance establishing the Insurance
Reserve Account, by designating $250,000.00, at the
close of each fiscal year and pursuant to provi-
sions of the Code of the City of Roanoke, Section
2-189, Reserve for Capital Improvements and Capital
Maintenance and Equipment Replacement, as approved
on September 6, 1985.
The City Administration will continue all efforts
to emphasize job safety and defensive driver train-
ing. All employees will be made aware of the
City's decision to become self-insured and their
key role in performing their jobs safely.
The Insurance Committee will continue to evaluate
the insurance market in an attempt to secure cata-
strophic coverages and make those necessary insur-
ance decisions in the best interest of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28047) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 506.)
277
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................... 7.
NAYS: None ..... O.
Mr. Musser offered the following Resolution:
(#28048) A RESOLUTION relating to self-insurance of the City and
its officers and employees with respect to motor vehicle liability.
(For full text of Resolution, see Resolution Book No. 49, page 507.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... 7.
NAYS: None ............
Mrs. Bowles offered the following emergency Ordinance:
(#28049) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new §2-188.1, Reserve for self-insured
liabilities, to provide for reservation of certain funds at the conclu-
sion of each fiscal year for self-insured liabilities of the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 508.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ........................
ITEMS RECOMMENDED FOR ACTION:
HOUSING-INDUSTRIES: The City Manager submitted a written report
advising that Local Allocation for Industrial Revenue Bonds, in the
amount of $7.5 million, was available to the City of Roanoke for 1985;
that the "Rostenkowski Tax Bill", passed by the U. S. House of Repre-
sentatives, cuts the amount of local allocation for industrial projects
for localities by some 50 - 60%; that in addition it has a retroactive
date of January 1, 1986, and the retroactive date has thrown the entire
Industrial Revenue Bond process into confusion.
It was explained that the State of Virginia is encouraging its
ccmmunities to proceed with determining local priorities based on 1985
allocations; that Council has, in the past, distinguished between basic
manufacturing-oriented jobs and non-basic jobs; however, that policy
was set into effect when the rules of Industrial Revenue Bonds were
clear, at least for the year in which the City was acting; and con-
fusion over Industrial Revenue Bonds has necessitated a need for a
simpler policy that allows for the money to get out into the co~unity
and possibly "grandfathered" before any retroactive date is ultimately
agreed upon by Congress.
The City Manager recommended that Council approve the Industrial
Revenue Bond policy as outlined in an attachment to his report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28050) A RESOLUTION endorsing and approving a new local
industrial revenue bond allocation policy and timetable.
(For full text of Resolution, see Resolution Book No. 49, page 509.)
278
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Gar)and and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None ....................
A communication from Mr. Alton L. Knighton, Jr., Attorney, repre-
senting the Roanoke Redevelopment and Housing Authority, requesting
approval of a plan to assist a general partnership of which Charles G.
Childers, Ray Flannery and Donald H. Wiese will be general partners, in
financing an apartment complex to be located on Virginia Route 789 near
its intersection with U. S. Route 220, by issuance of revenue bonds, in
an amount estimated at $8,500,000.00, under the Virginia Housing
Authorities Law, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28051) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of a
general partnership of which Charles G. Childers, Ray Flannery and
Donald H. Wiese will be the general partners to the extent required by
Section 103(k) of the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 509.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None ........................
De
A communication from Mr. Alton L. Knighton, Jr., Attorney, repre-
senting the Roanoke Redevelopment and Housing Authority, requesting
approval of a plan to assist Herbert Kurshan and Marcus Kaplan in
financing the rehabilitation of a building located at 330 West Campbell
Avenue, by issuance of revenue bonds, in an amount estimated at
$400,000.00, under the Virginia Housing Authorities Law, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28052) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of a
partnership of which Herbert Kurshan and Marcus Kaplan are the partners
to the extent required by Section 103(k) of the Internal Revenue Code
of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 510.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ............
Oe
A communication from Mr. Alton L. Knighton, Jr., Attorney, repre-
senting the Roanoke Redevelopment and Housing Authority, requesting
approval of a plan to assist Market Square Land Trust in financing the
rehabilitation of two buildings located on East Campbell Avenue and the
construction of a building on an adjacent lot, by issuance of revenue
bonds, in an amount estimated at $1,000,000.00, under the Virginia
Housing Authorities Law, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
!!
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#28053) A RESOLUTION approving the plan of the City of Roanoke
Redevelopment and Housing Authority for the benefit of Market Square
Land Trust to the extent required by Section 103(k) of the Internal
Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 511.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .... 7.
NAYS: None ......... O.
A communication from Mr. Harwell M. Darby, Jr., Attorney, repre-
senting the Industrial Development Authority, with regard to assisting
W. B. Clements, Inc., in financing the acquisition, rehabilitation and
equipping of the former K-Mart Building at 2502 Melrose Avenue, N. W.,
in the City, by issuance of its industrial development revenue bond, in
an amount estimated at $1,200,000.00, was before Council. (The request
was previously approved by Council pursuant to Resolution No. 27834, on
Monday, October 14, 1986.)
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
A communication from the Industrial Development Authority request-
ing approval of a plan to assist Tread Corporation in financing the
expansion and equipping of their existing manufacturing facility in the
City, by issuance of its industrial development revenue bond, in an
amount estimated at $450,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28054) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Tread Corporation to the extent req~lired by Section
103(k) of the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 513.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None .......................
.0.
A communication from Mr. Jack C. Smith, Chairman, Industrial
Development Authority, advising that at a meeting of the Authority held
on February 18, 1986, requests were considered for allocation of bond
issuing authority from W. B. Clements, Inc., Tread Corporation and
Franklin First; and based on the date which satisfactory commitments
for purchase of the bonds was received by the Authority, the Authority
recommends to Council allocations to these projects in the following
order of priority:
W. B. Clements, Inc.: $1,200,000.00 (commitment
received February 13, 1986).
Tread Corporation: $450,000.00
received February 13, 1986).
(commitment
Franklin First: $2,000,000.00 (commitment received
February 14, 1986).
(For full text, see report on file in the City Clerk's Office.)
279
280
ACTION:
ACTION:
Mr. Bowers offered the following Resolution:
(#28055) A RESOLUTION pursuant to Executive Order No. 54(85)
issued by the Governor of the Commonwealth of Virginia, January 23,
1985, authorizing allocation of bond issuing authority from the "Local
Allocation" as that term is defined in the Executive Order.
(For full text of Resolution, see Resolution Book No. 49, page 514.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............................................... 7.
NAYS: None-
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the Southeast Recreation Club, a private non-
profit organization, has requested the City's permission to construct a
small concession/restroom structure behind the backstop of the existing
ballfield in Jackson Park, S. E., and the Club proposes to construct
the structure with donated material and labor and be responsible for
the operation and maintenance of the facility; and three main purposes
for constructing the proposed structure are:
Develop a source of revenue for the club to facili-
tate more area youngsters to participate in sandlot
sports.
Storage room for Club's sports equipment.
Provide toilet facilities adjacent to the ballfield
for public use during the events. Existing toilet
facilities in the park are not conveniently located
relative to the ballfield.
The City Manager recommended that Council authorize the construc-
tion of the proposed concession/restroom structure in Jackson Park by
the Southeast Recreation Club, subject to the City's review and appro-
val of the final plans and evidence of resources to be submitted by the
Club prior to construction, advising that Council's action would not
imply commitment of City funds for the construction and operation of
the subject structure.
(For full text, see report on file in the City Clerk's Office.)
Mr. William Vaughan, 1139 Murray Avenue, S. E., representing the
Southeast Recreation Club, appeared before Council in support of the
request.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28056) AN ORDINANCE authorizing the Southeast Recreation Club
to construct a permanent structure in Jackson Park, S. E., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 517.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None .........
Later during the meeting, Mr. Joel Kelly, 1113 Penmar Avenue,
S. E., appeared before Council in opposition to the construction of the
structure. He said littering is already a problem and the problem will
be compounded if the subject facility is constructed.
REPORTS OF COMMITTEES:
281
BUDGET-AIRPORT-EQUIPMENT: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids
received for a 12.47 KV Auto-Transfer Switch at Roanoke Regional
Airport, Woodrum Field, presented a written report of the committee
recommending that the City Manager be authorized to enter into a
contractural agreement with Fischer Electrical Construction, Inc., in
the amount of $40,948.00, and a construction time of 200 consecutive
calendar days; that all other bids be rejected; and that Council
approve transfer of funds as follows:
Terminal Alternate Electric
Account No. A04511093201
Terminal Building Refurbishing
Account No. A04511092701
Total Project Amount
$35,892.28
9,107.72
$45,000.00
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the above recommen-
dation, was also before Council,
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28057) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
m
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 514.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... -7.
NAYS: None ..........
Mr. Garland offered the following emergency Ordinance:
(#28058) AN ORDINANCE accepting the bid and awarding a contract
for the construction and installation of an automatic transfer switch
for use at the Roanoke Regional Airport; rejecting all other bids made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 515.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... ----7.
NAYS: None ..........
Mr. Bowers asked that Council be furnished with a list of those
items that the Administration proposes to accomplish within the next
two to three years at Roanoke Regional Airport, Woodrum Field.
PARKS AND PLAYGROUNDS-FLOODS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids
received for flood damage repair, Department of Parks and Recreation
Main Office, 210 Reserve Avenue, S. W., presented a written report of
the committee recommending that Council authorize the City Manager to
enter into a contractural agreement with Thor, Inc., in the amount of
$/6,590.00, and a construction time of 100 consecutive calendar days;
that Council approve an encumbrance of $76,590.00 in Account No.
A08240191082 for the project; and that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
282
A report of the City Manager concurring in the recommendation of
the Bid Committee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(~28059) AN ORDINANCE accepting the bid of Thor, Inc., for
construction of flood damage repairs to the Parks and Recreation Office
building, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing For an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 516.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... . ............. 7.
NAYS: None .............
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28025 vacating, discontinuing
and closing a portion of the alley between King Geor§e Avenue and Woods
Avenue, S. W., running in a northerly direction approximately 130 feet
and intersecting with Woods Avenue, S. W., and in an easterly direction
approximately 20 feet from a garage apartment located at 315 King
George Avenue to a proposed turn-around, having previously been before
the Council for its first reading on Monday, March 10, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#28025) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; amending the effective
date of Ordinance No. 23445 relating thereto; and providing for an
effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 500.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... --7.
ACTION:
NAYS: None .......
ZONING: Ordinance No. 28026 rezoning a 2.07 acre tract of land
located at 2613 Williamson Road, N. W., designated as Official Tax Nos.
3100901, 3100903, 3100904 and 3100934, from C-2, General Commercial
District, to LM, Light Manufacturing District, subject to certain prof-
fered conditions, having previously been before the Council for its
first reading on Monday, March 10, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28026) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 503.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
283
NAYS: None ........... O.
ZONING: Ordinance No. 28027 rezoning a tract of land lying on
the southerly side of Peters Creek Road, N. W., designated as Official
Tax No. 6490806, from C-2, General Commercial District, to C-1, Office
and Institutional District, having previously been before the Council
for its first reading on Monday, March 10, 1986, read and adopted on
its first reading and laid over, was again before the body, Mr. Garland
offering the following for ils second reading and final adoption:
(#28027) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 503.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None- O.
BUILDINGS°SPECIAL PERMITS: Ordinance No. 28028 revoking Ordinance
No. 27907, dated December 16, 1985, and permitting certain encroach-
ments over and into the right-of-way of Wayne Street, N. E., for an
existing brick stoop, a small portion of the building, and a masonry
wall on the northern side of the property bearing Official Tax No.
3070707, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, March 10, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#28028) AN ORDINANCE revoking Ordinance No. 27907, dated
December 16, 1985, and permitting certain encroachments over and into
the right-of-way of Wayne Street, N. E., for an existing brick stoop, a
small portion of the building, and a masonry wall on the northern side
of the property bearing Official Tax No. 3070707, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 504.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- -7.
NAYS: None ...........
m
AIRPORT: Ordinance No. 28045 authorizing the appropriate City
officials to enter into a lease agreement with the United States
Department of Transportation, Federal Aviation Administration, for
installation, operation and maintenance on City property of a 182
square foot building and second-generation equipment to serve the
Airport's Very High Frequency Terminal Omnirange Station (Woodrum
TVOR); upon certain terms and conditions, having previously been before
the Council for its first reading on Monday, March 10, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Harvey offering the following for its second reading and final
adopt i on:
(#28045) AN ORDINANCE authorizing the aFPropriate City officials
to enter into a lease agreement with the United States Department of
Transportation, Federal Aviation Administration, for installation,
operation and maintenance on City property of a 182 square foot
building and second-generation equipment to serve the Airport's Very
High Frequency Terminal Omnirange Station (Woodrum TVOR); upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 505.)
284
ACTION:
ACTION:
ACTION:
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..................... 7.
NAYS: None- -0.
STREET NAMES: Ordinance No. 28046 naming a new public street and
changing the name of Hershberger Park Drive, N. W., to Hoback Drive,
N.W., and directing certain City officials to take appropriate
measures to effect the provisions of this ordinance, having previously
been before the Council for its first reading on Monday, March 10,
1986, read and adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for its second
reading and final adoption:
(#28046) AN ORDINANCE naming a new public street and changing the
name of Hershberger Park Drive, N. W., to Hoback Drive, N. W., and
directing certain City officials to take appropriate measures to effect
the provisions of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 49, page 506.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ......... O.
ACTS OF ACKNOWLEDGEMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council
having previously instructed the City Attorney to prepare the proper
measure recognizing and commending the services of those persons who
have contributed to the success of the Roanoke Neighborhood
Partnership, Mr. Harvey offered the following Resolution:
(#28060) A RESOLUTION recognizing and com~.ending the services of
those who have contributed to the success of the Roanoke Neighborhood
Partnership.
(For full text of Resolution, see Resolution Book No. 49, page 516.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......................... 7.
NAYS: None O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FIRE DEPARTMENT: Council member James O. Trout advised that ten
years have passed since the 1976 annexation and asked that the City
Manager provide Council with information on the amount of funds
expended by the City in rental or lease agreements for firehouses. He
spoke in support of construction of permanent firehouses in the neigh-
borhoods and asked that the City Manager also provide information as to
those neighborhoods where permanent firehouses could be constructed.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:45 p.m., the Mayor declared the meeting in recess.
At 4:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
ACTION:
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of W. Andrew Dickinson, Jr., for a term
ending November 8, 1989, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of William B. Field, Jr.
There being no further nominations, William B. Field, Jr., was
elected as a member of the Roanoke Neighborhood Partnership Steering
Committee for a term ending November 8, 1989, by the following vote:
FOR MR. FIELD: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor- - ......7.
HOUSING: The Mayor advised that the three year terms of George A.
McLean, Jr., and Clifford A. Hammer as members of the Fair Housing
Board will expire on March 31, 1986, and called for nominations to fill
the vacancies.
Mr. Garland placed in nomination the names of George A. McLean,
Jr., and Clifford A. Ha~er.
There being no further nominations, George A. McLean, Jr., and
Clifford A. Hammer were reelected as members of the Fair Housing Board
for terms of three years each ending March 31, 1989, by the following
vote:
FOR MESSRS. MCLEAN AND HAMMER: Council members Trout, Bowers,
Bowles, Garland, Harvey, Musser and Mayor Taylor ........ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:45 p.m.
APPROVED
City Clerk
285
Mayor
286
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 24, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 24, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .Regul.ar
Meetings, of Section 2-15, Rules of Procedure, Code of tile City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, If, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ............ .7.
ABSENT: None ........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor welcomed a group of exchange students from Great Britain
who are visiting the City of Roanoke as guests of Breckinridge Junior
High School.
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: The Mayor advised
that it has been said by a very prominent citizen that the 1985 Citizen
of the Year has made a 9rearer contribution to this City in human,
civi~ rights and social services than anyone in modern times, spanning
a period of-.~ore than 55 years; that his activiti'es~have been of bene-
fit to all citiz~ls of the Roanoke Valley; that many of' his efforts
have aided the citizens of the entire Co~nonwealth and his work in such
endeavors as the National Conference of Christians and Jews benefited
citizens all over the nation.
The Mayor stated that this year's nominee conceived and helped
implement the single most outstanding fund raising campaign in the
history of the community when he was responsible for raising in excess
of $5.5 million for Center-in-the-Square in approximately 24 months;
that in an initial surge, he raised $3 million of that $5.5 million in
about eight weeks, which was a dramatic success for a community the
size of Roanoke and says nothing of his successful effort later on to
obtain a $2.6 million grant from the Virginia General Assembly for the
same project.
Mayor Taylor said that for many years, this gentleman has been a
virtual workhorse in raising m~ney and community consciousness for
worthwhile causes and many things in this valley are better because
this man was unselfish enough and effective enough to raise the
necessary funds.
On behalf of the members of the Roanoke City Council and mere than
100,000 citizens, Mayor Taylor announced that the 1985 Citizen of the
Year is Mr. G. Frank Clement.
Mayor Taylor presented Mr. Clement with a framed Key to the City,
and a plaque containing the inscription, "G. Frank Clement 1985 Citizen
of the Year".
PRESENTATIONS: Mr. David Czerniejewski, representing The
Spiritual Assembly of the Baha'is of Roanoke, appeared before Council
and presented the City of Roanoke and each member of Council with a
copy of "The Promise of World Peace", a peace statement unparalled in
its time, from the Universal House of Justice, the supreme governing
body of the Baha's Faith.
On behalf of the City of Roanoke and the members of Council, Mayor
Taylor expressed appreciation.
SCHOOLS: Pursuant to Chapter 9, Education, Article II, Section
9 - 19, subsection (b), of the Roanoke City Code, 1979, as amended, the
Council reviewed and considered applications from the following persons
which were filed prior to the March 10, 1986, deadline for two upcoming
vacancies on tile Roanoke City School Board, for terms of three years
each commencing July 1, 1986, and ending June 30, 1989:
Briggs W. Andrews
Donald Bartol
Edwin R. Feinour
CONSENT AGENDA:
287
m
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss a personnel matter; a matter
of pending litigation; a contractual matter; and a matter of disposi-
tion of real property.
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a contractual matter, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a contractual matter, pursuant
to Section 2.1-344 {al (6), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
288
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................................................ 7.
NAYS: None-
COUNCIL: An oral request of the City Manager For an Executive
Session to discuss a matter of d~sposition of real property, pursuant
to Section 2.1-344 (al (2), Code of Virginia (1950), as amended was
before the body. '
Mr. Trout i~ved that Council concur in the oral request of the
City Manager to convene in Executive Session to discuss a matter of
disposition of real property, pursuant to Section 2.1-344 (al (2), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Bowers
and adopted by the Following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................................. 7.
NAYS: None .........
.0.
DIRECTOR OF FINANCE: A report of the Director of Finance advising
that this is the second year that the City of Roanoke has participated
in the Commonwealth of Virginia's Set-OFf Debt Collection Program; that
the first year of the program was extremely effective and the City of
Roanoke realized collections of $18,332.00 for delinquent accounts;
and this year the City has completed and filed claim with the Virginia
Department of Taxation under the Program for 1,413 delinquent debts,
was before Council.
It was explained that in-house administrative procedures have been
upgraded to provide maximum customer service to all program inquiries;
that an appeals panel will be assembled of City employees not pre-
viously involved with the program to provide complete impartiality in
the appeals process; that pursuant to Paragraph 12 of the Set-Off
Regulations, a debtor is entitled to contest the City's claim through
Formal hearing; that in compliance with these measures, Ordinance No.
27421 was adopted to authorize the City Manager to appoint appropriate
City officials to serve on a Set-OFf Collection Appeals Board and Board
members were chosen from the ranks of current City employees not pre-
viously involved with the program. Mr. Schlanger advised that he is
requesting the City Manager to appoint City officials to serve on this
year's Appeals Board.
(For Full text, see report on file in the City Clerk's OFfice.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the Following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .7.
NAYS: None ....... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $192,000.00 to Account No.
A354722 for the purchase of vocational education equipment, advising
that this program will be funded with federal funds totalling
$21,000.00, state funds totalling $96,000.00, and a local match
totalling $75,000.U0, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
A report of the Director of Finance advising that the Vocational
Education Equipment Grant is funded with $21,000.00 of federal funds,
$96,000.00 of state funds, and $75,000.00 of local funds, and recom-
mending that Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(N28061) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 518.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... .-7.
NAYS: None ..............
REPORTS OF OFFICERS:
289
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written
report advising that $31,118.00 of a Federal Major Urban Resource
Library Grant, one of three such grants in the State of Virginia, has
been awarded to the Roanoke City Public Library; that the Roanoke City
Public Library was awarded this same grant in 1985, and will receive it
annually if the Federal Government continues to fund the source; and
the grant, which must be accepted and expended by June 1, 1986, may be
used for any purpose connected with the support and expansion of
library services in the geographic area.
It was advised that the Roanoke City Public Library is continuing
to develop its computerization program for which computer hardware is
needed; that the Central Library and the branches of Gainsboro and
Jackson Park are in need of small items of furniture; and the library
administration recommends that the Major Urban Resource Library Grant
be expended as follows:
Enhance existing computer in the Central Library to
automate the patron registration process and the
cataloging of equipment at a cost of $9,000.00;
Secure maintenance contracts for six existing com-
puters at a cost of $3,000.00;
Furniture for Central Library and two branches at a
cost of $3,000.00;
Account for the purchase of books and publications
be increased by $16,338.00.
The City Manager recommended that Council accept the Major Urban
Resource Library Grant for the Roanoke City Public Library, and
appropriate $31,338.00 to the Library budget for fiscal year 1985-86~
as follows:
$ 3,000.00 to Account No. A01731020005, Mainten-
ance Contracts;
$ 3,000.00 to Account No. A01731030035, Expendable
Tools and Equipment;
290
$16,338.00
to Account No. A01731030047, Books and
Publications;
$ 9,000.00 to Account Noo A01731090020, Capital
Outlay, Other Equipment;
$31,338.00
increase in revenue estimate for
Federal Aid to Libraries, Account No.
R01072015;
It was also recommended that the City Manager, or his designee, be
authorized to execute the necessary documents accepting the grant for
the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28062) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 519.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None .....................
Mr. Bowers offered the following Resolution:
(#28063) A RESOLUTION accepting a Major Urban Resource Library
Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 49, page 519.)
ACTION: Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None ..........................
O.
PLANNING-GRANTS: The City Manager submitted a written report
advising that the City of Roanoke receives an annual entitlement from
the U. S. Department of Housing and Urban Development (HUD) in the form
of a Community Development Block Grant (CDBG); that HUD representatives
informed City staff to expect $1,183,000.00 in CDBG funds for the
City's fiscal year 1986-87 (this figure may increase pending outcome of
current activities in Congress and Federal courts involving Gramm-
Ru~man and such, but it is not expected to decrease); that Council will
be briefed by the City Manager on April 7, 1986, on recommended activi-
ties for fiscal year 1986-87 CDBG program; and citizen participation
requirements call for an evening public hearing by Council prior to
submission of CDBG Statement of Objectives (application) to HUD.
The City Manager recommended that Council schedule a Community
Development Block Grant Public hearing on Monday, April 14, 1986, at
7:20 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Musser moved that Council hold a public hearing on Monday,
April 14, 1986, at 7:30 p.m. The motion was seconded by Mr. Harvey and
unanimously adopted.
291
CITY ATTORNEY:
AMBULANCES: The City Attorney submitted a written report advising
that Lewis-Gale Hospital Inc., has filed with the City an application
for a certificate of public convenience and necessity; and according
to the application, the corporation seeks permission to operate ambu-
lances and wheelchair vans to provide patient transportation primarily
for patients of the hospital.
m
It was explained that the City Code requires that Council
establish a time and place for public hearing on the application and
further provides that the application may be referred to the City
Manager for consideration and recommendation; and after holding the
public hearing, Council may grant the certificate if it finds that the
public convenience and necessity require the proposed service.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Harvey moved that Council advertise a public hearing on the
request for Monday, May 12, 1986, at 7:30 p.m., and refer the applica-
tion to the City Manager for study, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted a copy of
the financial report of the City of Roanoke for the month of February,
1986.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and unanimously adopted.
REPORTS OF COMMITTEES:
m
HENRY STREET REVIVAL-TOTAL ACTION AGAINST POVERTY: Mayor Taylor
presented a written report of the Henry Street Revival Committee
advising that at its meeting on March 13, 1986, the Committee voted to
endorse the general concept of TAP's proposal to serve as developer of
the Henry Street Music Center and Jazz Institute, an entertainment and
educational facility in the former Ebony Club, such development to be
financed in part by TAP's obtaining a $600,000.00 grant from the
Community Services Administration, contingent upon the following items:
that the Roanoke Redevelopment and Housing Autho-
rity retain ownership of the property;
that no action taken by TAP or others involved in
the project will be in conflict with the wishes of
the management entity for the entire Henry Street
area; and
that TAP is successful in receiving their
$600,000.00 grant.
On behalf of the committee, Mayor Taylor requested that Council,
by Resolution, endorse the application of TAP with the above three con-
tingencies.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28064) A RESOLUTION granting conditional approval to the gener-
al concept of Total Action Against Poverty's proposal to developlthe
Henry Street Music Center and Jazz Institute.
(For full text of Resolution, see Resolution Book No. 49, page 520.)
292
ACT[ON:
Mrs. Bowles moved the adoption of the Resolution, The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- ----7.
NAYS: None ..................................................... O.
BUDGET-PARKS AND PLAYGROUNDS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids
received for Roanoke Sports Complex tennis courts and concession build-
ing, presented a written report of the committee recommending the fol-
lowing:
Award a lump sum contract to the low bidder,
Gardner-Smith, [nc., to perform all the work
included in the Base Bid, Alternates Nos. 1, 2 and
3 plus specific units landscaping work as shown on
an attachment identified as Attachment B, in the
amount of $748,810.00, and a construction time of
180 consecutive calendar days.
Establish a job contingency of $36,190.00, for a
total project construction cost of $/85,000.00.
Appropriate $785,000.00 from the following sources
into a new capital account to be established by the
Director of Finance for Sports Complex Phase II-A:
Sports Complex (Phases I-B, II-A and II-B)
Account No. A08170!91700 ......... $424,000.00
Approved Park Bond Funds (Series 1985).. 361,000.00
Total Appropriation ................ $785,000.00
Reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation of
the committee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28065) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 521.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vole:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... --7.
NAYS: None ........
.0.
Mr. Garland offered the following emergency Ordinance:
(#28066) AN ORDINANCE accepting the bid of Gardner-Smith, Inc.,
for construction of tennis courts, concession building and other imj)ro-
vements in the Roanoke Sports Complex, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 521.)
ACTION:
m
ACT[ON:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- _ ......................... 7.
0
NAYS:, ............
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS: Ordinance No. 28056 authorizing the South-
east Recreation Club to construct a permanent structure in Jackson
Park, S. E., upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, March 17, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#28056) AN ORDINANCE authorizing the Southeast Recreation Club
to construct a permanent structure in Jackson Park, S. E., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 517.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- - ...... 7.
NAYS: None- · .......O.
A communication from Mr. Joel Kelly, 1113 Penmar Avenue, S. E.,
transmitting a petition signed by approximately 53 citizens of south-
east Roanoke, in opposition to the construction of the structure,
advising that construction of a concession/restroom structure in the
park will add to the current problem of littering, was before Council.
Mr. Kelly also stated that there are too many buildings in the
park at the present time; and if more buildings are constructed, the
park will soon cease to exist.
(For full text, see communication and petition on file in the City
Clerk's Office.)
Mr. William Vaughan, representing the Southeast Recreation Club,
advised that he talked with Mr. Kelly in an effort to explain the pur-
pose of the structure, and stated that he would be pleased to meet with
opponents and proponents of the project to explain the proposal in
greater detail.
Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., representing the
American Association of Retired Persons, appeared before Council in
support of the request of the Southeast Recreation Club.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
REFUSE COLLECTION: Council member Bowers requested that the City
Manager and the City Attorney report to Council with reference to
current ordinances relating to littering, and submit recommendations
relative to strengthening existing laws.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:15 p.m., the Mayor declared the meeting in recess.
At 4:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
293
294
There bein§ no further business, the Mayor declared the meeting
adjourned at 4:50 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 7, 1986
2:00 p.m.
295
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 7, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ...... - ........... 7.
ABSENT: None ...............
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ralph M. Halli-
will, Pastor, Belmont Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BIDS OPENINGS:
ACTION:
ACTION:
MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids
for office furniture for Municipal North, said proposals to be received
by the City Clerk until 1:30 p.m., on Monday, April 7, 1986, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if any-
one had any questions about the advertisement for bids, and no repre-
sentative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID
Harris Office Furniture Co., Inc.
L.O.P.C.
$255,595.99
302,830.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chaiman,
William F. Clark and George C. Snead, Jr. as members of the committee.
SIDEWALK, CURB AND GUTTER: Pursuant to notice of advertisement
for bids for new concrete sidewalks, entrances, curb and gutter (Bond
Issue - Phase Il, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, April 7, 1986, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
296
ACTION:
ACTION:
BIDDER BASE BID
H & S Construction Company, Inc. $397,118.25
L. H. Sawyer Paving Company, Inc. 403,542.50
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss a matter of potential
litigation; personnel matters relating to vacancies on various authori-
ties, boards, commissions and committees appointed by Council; and an
additional personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 24, 1986, Monday, March 3, 1986, and Monday, March 10,
1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- 7.
NAYS: None ..............................
O®
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a matter of potential litigation, pursuant
to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a matter of potential litiga-
tion, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .... 7.
NAYS: None-
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Harriet
Lewis tendering her resignation as a member of the Roanoke Neighborhood
Partnership Steering Committee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
297
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None- O.
PENDING LIST: A list of items pending from July 10, 1978, through
March 24, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- 7.
NAYS: None-- O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
William W. Field, Jr., as a member of the Roanoke Neighborhood Partner-
ship Steering Committee for a term of three years ending November 8,
1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None- O.
PARKS AND PLAYGROUNDS: A report of the City Manager tendering his
resignation as the City representative on the Board of Directors of the
Virginia Museum of Transportation, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ....... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None- O.
298
ACTION:
ACTION:
COUNCIL: An oral request of the City Manager that Council meet in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 {al {1), Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Council concur in the oral request of the
City Manager to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
At 2:15 p.m., the Mayor declared the meeting in recess.
At 2:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CITY MANAGER: The City Manager presented a written report
advising that pursuant to Section 21.1 of the City Charter, he is
pleased to appoint Earl B. Reynolds, Jr., as Assistant Ci!:y Manager,
effective April 8, 1986. He noted that the position is subject to
confirmation by a majority of the members of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28067) A RESOLUTION confirming the City Manager's appointment of
Earl B. Reynolds, Jr., as Assistant City Manager.
(For full text of Resolution, see Resolution Book No. 49, page 522.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................. 7.
NAYS: None ................
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ELECTIONS-REGISTRAR: A communication from Mr. Alton B. Prilla-
man, Secretary, Roanoke City Electoral Board, advising that the General
Assembly passed a bill in its 1986 session that will allow local
governing bodies to supplement the annual salary of the general regis-
trar by an amount not to exceed ten per cent of the annual compensation
set for the general registrar pursuant to the Appropriations Act;
noting that the bill has not been signed into law, however, he has no
reason to believe it will not be signed and become effective July 1,
1986, was before Council.
Mr. Prillaman further advised that local governing bodies are
reimbursed the amount of annual compensation set for the general
registrar and approved by the State Board of Elections; that any
supplement paid by the localities is not reimbursed; that since duly,
1981 the state has mandated that localities must pay the exact dollar
amount of supplement that was paid to the registrar in office during
the fiscal year 1981-82 and no supplement could be paid to a newly
appointed registrar, and this will be changed by the new legislation.
On behalf of the Electoral Board, Mr. Prillaman requested that the
City of Roanoke give consideration to granting the maximum allowable
supplement of ten per cent annually to the compensation set for the
Roanoke City general registrar position, to become effective July 1,
1986.
299
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Manager for study, report and recommendation to Council, and to 1986-87
budget study. The motion was seconded by Mr. Garland and unanimously
adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $98,670.00 for capital
improvements and replacement needs, advising that these capital
improvements will be funded with $49,162.00 from the Schools' share of
the fiscal year 1986 Capital Maintenance and Equipment Replacement Fund
and by $49,508.00 from the City's share of the fiscal year 1986 Capital
Maintenance and Equipment Replacement Fund, was before the body.
Capital Maintenance and Equipment Replacement Fund
Fiscal Year 1984-85 Surplus
A01611290101
A01611290103
A01611290104
A01611290109
A01611290113
A01611290121
School Buses
Other Motor Vehicles
Alteration of Buildings
Furniture & Equipment -
Schools
Improvement of Sites
Band/Music Replacement
$25,500.00
18,380.00
14,150.00
29,045.00
9,450.00
2,145.00
School Board Portion of FY85 Surplus
City Portion of FY85 Surplus
$98,670.00
$49,162.00
49,508.00
$98,670.00
The above appropriation represents the final installment from the
1984-85 surplus to be added to the Capital Maintenance and Equipment
Replacement Fund.
(For full text, see communication on file in the City Clerk's Office.)
A communication from the Roanoke City School Board requesting that
Council transfer $40,000.00 from the Schools' City Information Internal
Services Account to the appropriate fuel account for the City's handl-
ing charges for gasoline ourchases, was also before Council.
(For full text, see communication on file in the City Clerk's Office.)
A communication from the Roanoke City School Board requesting that
Council close school grants which have been completed, advising that
the grants require a reduction of $685.53 which represents the net
amount of unused local match funds for the grants, was also before
the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the requests of the School Board; that the transfer of $40,000.00 bet-
ween expenditure categories is recommended to provide funds to pay for
interfund charges; that the Capital Maintenance and Equipment Replace-
ment Program (CMERP) allocation formula provided $151,136.00 to the
Schools for fiscal year 1986; that a report entitled "Recommended
Expenditures for Capital Maintenance and Equipment Replacement Program"
was approved by Council on October 21, 1985; that this report desig-
nated an additional $49,508.00 of CMERP funds to the Schools; that the
appropriation of $98,670.00 is comprised of the remaining $49,508.00 as
designated by Council on October 21, 1986; and recommending that
Council concur in the requests of the School Board, was before the
body.
300
ACTION:
ACTION:
Mr. Schlanger also advised that the request to close the grants is
necessary since the grant programs have been completed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(N28068) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations and providing for
an emergency. '
(For full text of Ordinance, see Ordinance Book No. 49, page 522.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. -7.
NAYS: None ...........
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION-STREETS AND ALLEYS: The City Manager submitted
a written report advising that the Refuse Collection Department ini-
tiated a neighborhood alley cleanup program on a trial basis on March
5, 1984; that neighborhood groups and the Building Department requested
citizens to place approved items at alleys for pickup; that the results
were very rewarding; that the fourth cycle through neighborhood alleys
was started on March 3, 1986; and improved conditions are evident from
the fact that 535.62 tons of debris were collected from the first
cleanup cycle compared to 197.24 tons from the third cleanup cycle.
The City Manager advised that the report is provided for Council's
information; that no action on the subject is required; that the City
Administration will continue to provide this service for citizens and
periodic reports will be made to Council on progress and results.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mr. Bowers and unanimously adopted.
PLANNING-GRANTS: The City Manager submitted a written report
advising that the Community Development Block Grant (CDBG) Program was
created in 1974 to replace the old Housing and Urban Development (HUD)
urban renewal and categorical grant programs which were popular during
the late 1960's and early 1970's; that the upcoming CDBG program year
begins June 1, 1986; that citizen hearings and workshops were held on
January 21, 1986, and March 13, 1986, in order to obtain citizen par-
ticipation and to identify revitalization issues for the new year; that
public hearing results were that citizens are generally satisfied with
programs which have been successful in the past and which address the
needs for housing and neighborhood improvement; and the Statement of
Objectives and budget proposal puts heavy emphasis on housing programs
and neighborhood revitalization as in previous years.
It was explained that the proposed budget and program is built
upon the receipt of $3,622,726.00 from four major revenue sources, the
largest being the CDBG entitlement of $1,283,000.00 for 1986-87 (a
decrease of $533,000.00 from the previous year); and the following are
brief descriptions of the program and budget recommendations for fiscal
year 1986-87:
"Housing Revitalization ($1,468,533.00) will allow
us to eliminate 100 substandard houses over a
twelve-month period out of a total 159 houses
affected by the programs. The above amount of
funds includes the third year of the five-year
Gainsboro Housing Revitalization Strategy and all
the housing programs that were funded in 1985-86.
Community Services ($20,000.00) will continue the
provision of services to residents of the Gainsboro
neighborhood.
301
Neighborhood Assistance ($339,947.00) will provide
$93,153.00 operating costs for the sixth operating
year of the Roanoke Neighborhood Partnership,
$63,794.00 for the Gainsboro PAC/GNDC neighborhood
administrative offices, $40,000.00 for the Harrison
Heritage and Cultural Center and $125,000.00 pre-
viously appropriated for the Williamson Road Gate-
way Project.
Economic Development ($1,60/,953.00) will allow for
the second of ten annual repayments of the Section
108 loan which was used for acquisition and reloca-
tion connected with the Coca-Cola UDAG: $53,000.00
for interest on the Shaffers Crossing 108 loan;
$830,000.00 for property acquisition, relocation
and public improvements connected with the first
phase of the Henry Street Revival Project; and will
provide $100,000.00 for property acquisition cost
overruns in the Deanwood Expansion area.
General Administration ($186,293.00) will allow the
City and the Roanoke Redevelopment & Housing Autho-
rity to perform HUD-mandated management procedures
regarding administration of the program."
In concluding, the City Manager advised that the proposed CDBG
budget and program is a balanced one; that it provides for housing
improvement, business development, creation of new job opportunities,
human development, the strengthening of neighborhood organizations and
adequate administrative oversight for the entire program that will
allow the City to build upon the successes of the past, meet some
urgent needs and do it without the addition of costly new programs.
It was explained that the program is submitted for Council's
review; that on April 14, 1986, Council will hold a public hearing to
receive citizen comments and, at that time, Council will be requested
to authorize the City Manager to submit the Statement of Objectives to
the Richmond Office of the Department of Housing and Urban Development
for review and approval.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Garland and unanimously adopted.
The
INDUSTRIES: The City Manager having reserved space on the agenda
for a briefing on the existing business program and urban enterprise
zone program, Mr. Brian J. Wishneff, Chief, Economic Development and
Grants, appeared before Council and advised that nationwide, small
business is where the greatest activity occurs -- where more jobs are
produced, where the greatest innovations occur, and where the most pro-
ductivity is seen; that the same picture for small business activity is
true in Roanoke; that in Roanoke there are 2,776 businesses and fewer
than 30 of these businesses employ more than 250 people; and the aver-
age size of a business establishment in Roanoke is 22, demonstrating
clearly that small business is where it's at in Roanoke. He said that
in Roanoke from the first quarter of 1983 to the first quarter of 1985,
there were 200 new businesses established creating some 4,816 new jobs;
that obviously our long term growth and stability is tied to this con-
tinued upward swing among new and growing small business; however,
despite a small business productivity and innovation, the small busi-
ness is also the one that is more likely to fail; and a key to pre-
venting failure is a support network from family, friends, colleagues,
financial institutions, investors, and local government.
Mr. Wishneff said support creates an environment that allows the
entrepreneur to take the necessary risk and survive the trying times,
and provides an additional advantage that might spell the difference
between success and failure. He explained that Council has developed a
302
way to increase the support that a company receives to protect and nur-
ture it and to encourage its growth and strength through the existing
business program, and introduced Mr. Phil Sparks, representing the
Department of Economic Developr. l~:nt, to summarize the activities of the
City's existing business program.
Mr. Sparks advised that the existing business program was imple-
mented in June, 1985 and activities include personal visits, seminars
and business recognition by City Council; that it is with a great sense
of pride that he can relate to Council that Bill Robinson, the existing
business representative for the State of Virginia, has indicated to him
that the City's existing business program is without question the most
aggressive and successful in the State of Virginia; noting that many
communities talk about existing business programs but none have ful-
filled the promise like Roanoke.
ACTION:
Mr. Sparks called attention to the fact that Roanoke is one of
only twelve areas in the State of Virginia to have an Urban Enterprise
Zone; that Urban Enterprise Zones have been established to foster re-
tention and growth of businesses located in the depressed areas; that
as of this date the state has nine companies certified as UEZ employ-
ers; that Roanoke leads the other eleven zones with three companies
certified by the State as UEZ employers; that in addition, thirty-five
companies are looking into the program and he is optimistic that Roa-
noke will have more state certified companies by this time next year
than the rest of the Commonwealth combined.
Mr. Trout moved that the remarks be received and filed.
motion was seconded by Mr. Garland and unanimously adopted.
The
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITIZENS' SERVICES COMMITTEE: The City Manager submitted a
written report in response to a communication from Council member
Bowers regarding City contributions to regional agencies, transmitting
two reports listing agencies/organizations which receive funding from
the City of Roanoke, which includes information on not only those
agencies/organizations funded through the Citizens' Services Committee
budget, but also those funded directly by Council. He pointed out that
the Citizens' Services Committee requires all regional agencies to
attach to their application for City funds a copy of their request for
funding to other governing bodies in all jurisdictions they serve, and
one of the primary concerns of the committee is that tax dollars be
spent to benefit City citizens.
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be referred to 1986-87 budget
study. The motion was seconded by Mr. Garland and unanimously adopted.
Council member Harvey requested that Council be furnished with
information during budget study as to the percentage of persons who
received assistance com~a~'ed with their residency status (Roanoke City,
Roanoke County, Salem and ¥inton).
ACTION:
SIDEWALK, CURB AND GUTTER: The City Manager having previously
placed a report on the agenda with regard to continued consideration of
a petition from residents of Edison Street and Kennedy Street, along
with other similar requests, for sidewalk, curb and gutter improvements
throughout the City, the City Manager requested that the report be
withdrawn due to the fact that inasmuch as since the report was pre-
pared additional information has been brought to his attention.
Mr. Trout moved that Council concur in the City Manager's request
to withdraw the report from the agenda. The motion was seconded by
Mrs. Bowles and unanimously adopted.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council at its meeting on December 26, 1984,
authorized an assignment of rights from Erps Construction Company,
Inc., to Aaron J. Conner General Contractor, Inc., in order to award
the Williamson Road Storm Drain Project, Phase I - Contract I, and
Williamson Road East Sanitary Sewer, Phase I Contract to Aaron J.
Conner General Contractor, Inc.; and construction has been taking
place since early 1985 and the project is almost complete.
303
It was explained that extra work was authorized as necessary
during the contract period to correct problems with sink holes and
cave-ins, citizen access problems, and ditch water control situations;
that Change Order No. 1 is being presented to Council as a collection
of smaller items, even though all but one of them could be processed as
administrative change orders, in order for Council to be fully aware of
the cost of the project; and project funding in the amount of approxi-
mately $250,000.00 (including contingency funds) is expected to be
unused at the completion of the work.
The City Manager recommended that Council authorize payment for
Change Order No. I as follows:
Reinforce concrete slab to
stabilize section of pipe
$ 3,544.96
Cave-in on Liberty Road stabilized
6,179.62
Concrete slab for driveway
1,278.00
Cave-in on Avendale stabilized
595.33
Gravel Driveway and Gate
1,019.40
Clay Collars
2,958.48
TOTAL $15,575.79
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(~28069) AN ORDINANCE approving the City Manager's issuance of
Change Order No. I to the City's contract with Aaron J. Conner General
Contractor, Inc., for Williamson Road storm and sanitary sewer con-
struction; and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 524.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... -7.
NAYS: None .........
BUDGET-PUBLIC ASSISTANCE-CONSULTANT REPORTS: The City Manager
submitted a written report advising that the City of Roanoke has for
several years contracted with David M. Griffith and Associates, Ltd.,
Accounting Specialist to Government, to prepare a Central Service Cost
Allocation Plan which is submitted to the State Department of Social
Services for claiming costs of operation of the local government; that
the State Department of Social Services honors the City's claim for the
Federal Share of A.D.C., Medicaid, and Food Stamp Program, provided
they have surplus funds in those accounts; and the City of Roanoke
received, on January 31, 1986, the sum of $117,742.00 from the State
Department of Social Services as reimbursement for Central Service Cost
Allocation for fiscal year 1983-84.
It was explained that the $117,742.00 received through the Central
Service Cost Allocation Plan remains in the revenue account (R01091045)
to which it was deposited; that the Administration desires to use at
least a portion of this unexpected revenue for human service programs;
that the City Nursing Home has a projected budget deficiency in several
accounts and is in need of funds to cover expenditures through June,
1986; and the Juvenile Probation House has a projected budget defi-
ciency in two accounts and is in need of funds to cover expenditures
through June, 1986.
304
The City Manager recommended that Council transfer funds from
Central Service Cost Allocation receipts to the Nursing Home and
Juvenile Probation House budgets, as follows:
Nursin9 Home:
$ 9,000.00 to Food, Account No. A01534030020
5,000.00 to Medical, Account No. A01534030025
11,000.00 to Laundry, Account No. A01534030048.
Juvenile Probation House:
$ 5,300.00 to Salaries and Wages, Account No.
A01335010002
4,000.00 to Extra Help, Account No. A01335010005.
.Re.m.a.i.n.ing Unallocated Balance:
$83,442.00 to Capital Reserve Contingency, Account
'No. A01941090001
Revenue:
$117,742.00 increase in revenue estimate for
Central Services Cost Allocation
receipts, Account No. R01091045.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(~28070) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 525.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None ............
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a
written report advising that the City of Roanoke previously received
funds on a reimbursement basis from the United States Department of
Agriculture (USDA), through the Virginia Department of Corrections, to
purchase food service equipment for the Crisis Intervention Center
(Sanctuary), Juvenile Probation House (Youth Haven), and Juvenile
Detention Home; and USDA funds for fiscal year 1985-86 have been
received by the City of Roanoke for the facilities, as follows:
Crisis Intervention Center - $1,175.44
Juvenile Probation House - 732.12
Juvenile Detention Home - 2,328.43
Total $4,235.99
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, as follows:
Crisis Intervention Center - Revenue R01063035
$1,175.44 to Account No. A01336030035;
Juvenile Probation House - Revenue R01063015
$ 732.12 to Account No. A01335030035;
305
Juvenile Detention Home - Revenue R01063025
$2,328.43 to Account No'. A01332030035;
Total Revenue and Appropriations
$4,235.99
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28071) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 525.)
ACTION:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None .......... O.
CITY EMPLOYEES-PERSONNEL: The City Manager submitted a written
report advising that the Supreme Court ruled in Garcia v. San Antonio
Metropolitan Transit Authority, February 19, 1985, that all local
government employees are subject to FLSA; that the Department of Labor
gave local governments until October 15, 1985, to comply with FLSA;
that City compliance to FLSA has been in effect since September 24,
1985; and areas of non-compliance prior to September 24, 1985, were:
Fire suppression employees were not being paid time
and one-half for hours worked over 204 in a 27-day
work period.
Co~nunications Dispatch Supervisors worked a sche-
dule that resulted in overtime on a regular basis.
Second City jobs of employees were not being paid
as overtime hours.
Compensatory time was being granted to all non-
exempt employees in lieu of overtime.
Volunteer work was being performed by persons who
performed the same work on a paid basis.
It was explained that amendments to the FLSA were passed by
Congress and signed by the President on November 13, 1985; and impact
of this legislation on the previous areas of non-compliance are:
Fire Suppression - None, except Compensatory Time
Option is again available.
Dispatch Supervisors - None, except Compensatory
Time Option is again available.
Second Jobs - Different work in a second job is not
counted as hours worked on the primary job.
Compensatory time for nonexempt employees - Is
allowed but in a different form than the City now
grants. The new legislation permits a local
government employer to use compensatory time off at
a rate not less than one and one-half hours for
each hour of employment for which FLSA requires
overtime compensation. Generally, if the election
to use compensatory time in lieu of overtime is not
made by a public employer before April 15, 1986, it
is lost.
306
ACT[ON:
Volunteer Work - Considered by the City as such is
permitted until April 15, 1986. Department of
Labor is expected to issue liberal guidelines for
volunteers before that date.
The City Manager recommended that Council modify the overtime
policy as follows, and not invoke the compensatory time policy option:
Second City jobs allowed without City Manager
approval when the work is different from primary
job and department managers involved approve.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation. The
motion was seconded by Mr. Bowers and unanimously adopted.
BUDGET-EQUiPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to purchase
of trucks and related equipment, recommending that Council accept the
following bids and reject all other bids:
One new cab/chassis for medium dump truck from
Magic City Motors, for a total amount of
$31,975.54.
One new 10 ton dump body to be mounted on cab/chas-
sis above from Commercial Body Corporation, for a
total amount of $4,254.90.
Two cab/chassis for heavy duty service body crew
trucks from Dickerson GMC, for a total amount of
$34,574.00.
Two heavy duty service bodies to be mounted on cab/
chassis above from Commercial Body Corporation, for
a total amount of $5,951.26.
The City Manager and the Bid Committee also recommended that
Council appropriate $76,755.70 from the Internal Service Fund Retained
Earnings to Operational and Construction Equipment Account No.
A06262590015 for the purchase of the equipment.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28072) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Internal Service Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 526.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles~ Garland, Harvey, Musser, Trout and
Mayor Taylor .............. 6.
NAYS: None .........................
0
(Council member Bowers abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#28073) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 527.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................................... 6.
NAYS: None ...........................................
307
(Council member Bowers abstained from voting.)
CITY ATTORNEY:
ACTION:
CITY CODE-BUILDINGS-REFUSE COLLECTION: The City Attorney sub-
mitted a written report advising that as noted in the 1986 Fee Compen-
dium, the current rate of interest on overdue boarding up, demolition,
weed and trash removal accounts is six per cent; that Section 15.1-
37.3:6 of the Code of Virginia authorizes the City to impose a uniform
higher interest rate of ten per cent on these as well as all other
overdue accounts, except for tax accounts, and transmitting an Ordin-
ance which is designed to implement this higher interest rate as of
May 1, 1986, on unpaid accounts to the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28074) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting new §2-178.1, Interest rates on overdue
accounts, to provide that interest at the rate established by the State
Code shall be assessed upon the principal and penalty on any overdue
city accounts; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 528.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- - ......... 7.
NAYS: None ............
DIRECTOR OF FINANCE:
BUDGET-DIRECTOR OF FINANCE: The Director of Finance and the City
Manager submitted a joint written report advising that the City's Fee
Compendium is a summary of fees charged for certain services provided
to citizens and an analysis of the cost to the City of providing those
services; that fee compendiums previously prepared in 1979 and 1981
were adopted by Council and updated many fees to reflect actual cost to
the City; and a 1986 Fee Compendium has been prepared by the Department
of Finance with assistance from all affected departments under the City
Manager.
It was explained that the 1986 Fee Compendium contains fee
increase proposals developed by the Director of Finance and recommended
by the City Manager; and a summary of proposed fee change is included
in the narrative section of the Fee Compendium.
The City Manager and Director of Finance recommended that Council
adopt a resolution which approves the fee changes as noted in the Fee
Compendium.
(For full text, see report and Fee Compendium on file in the City
Clerk's Office.}
Mr. Garland offered the following Resolution:
(#28075) A RESOLUTION establishing certain fees, rates, assess-
ments and charges to be levied by the City on and after May 1, 1986.
(For full text of Resolution, see Resolution Book No. 49, page 528.)
308
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
CITY CODE-PENSIONS: The Director of Finance submitted a written
report advising that on June 18, 1984, Council adopted Ordinance No.
27061 establishing a new retirement system for City employees known as
the Employees' Supplemental Retirement System (ESRS); and the language
of Ordinance No. 27061 raises one issue which needs to be clarified by
Council relating to the meanings of "normal retirement" and "normal
retirement age" as these terms are used by Section 22.1-45 and 22.1-46,
Code of the City of Roanoke (1979), as amended.
It was explained that Section 22.1-45 relates to early service
retirement allowance; that under Section 22.1-45, any member of ESRS
who has ten or more years of creditable service and has attained the
age of 55 shall be eligible for an early service retirement benefit
commencing on the day next following the termination of employment;
that the early service retirement allowance equals two per cent of the
member's average final compensation for each year of creditable ser-
vice, subject to a maximum of 60% of average final compensation; that
this amount is paid without adjustment if the member defers his early
retirement allowance until the date when he first became eligible for
"normal retirement"; that a penalty is incurred if a raember of ESRS
elects to begin to receive the early service retirement allowance prior
to the age at which he would first be eligible for "normal retirement";
and the penalty is a reduction in the benefit based upon the number of
months by which actual payment precedes the date when an applicant for
an early service retirement would first be eligible for "normal retire-
ment''.
Mr. Schlanger advised that Section 22.1-46 relates to vested
allowance; that this section provides that a member with ten or more
years of creditable service who, for reasons other than death or
retirement, ceases to be employed by the City, shall be entitled to a
vested allowance; that the vested allowance commences upon the attain-
ment of "normal retirement age" or early service retirement age; that
Sections 22.1-45 relating to early service retirement allowance and
22.1-46, relating to vested allowance, do not adequately define "normal
retirement" or "normal retirement age"; that the intent of Council with
respect to these terms needs clarification; that some employees tend
to interpret "normal retirement" and "normal retirement age" to include
any time that passes after their actual termination of City employment
and before they begin receiving the applicable retirement benefit; and
this reduces or eliminates the applicable reduction penalties for early
service retirement allowance and vested allowance.
It was explained that the intent of the Mayor's Advisory Commit-
tee, the William M. Mercer, Inc., Study, and the City Administration
that early service retirement allowance and vested allowance should be
payable, without penalty, only upon actual attainment of age 55 or age
55 and 30 year~ of creditable service, whichever occurs first; ~hat the
old Retirement System, ERS, has a provision whereby a member can retire
after 20 years of service at any attained age; that the purpose of the
new system (ESRS) was to provide adequate income at normal retirement
and not income to supplement a second career; that the new system also
establishes enhanced benefits for public safety employees, allowing
firefighters and deputized police officers to retire at age 50 with 25
years of service, and it was never the intent in establishing the new
system to reward employees who elect to take an early service retire-
ment.
The Director of Finance advised that it was the intent that any
immediate early service retirement allowance would be reduced based on
the number of months by which actual payment precedes actual attainment
of either age 65 or age 55 and 30 years of creditable service; and
transmitting an ordinance clarifying the intent of Ordinance No. 27061,
noting that the ordinance does not change any written or oral infor-
mation presented to employees regarding the new retirement system, and
recommending its adoption to the Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
3O9
Mr. Garland offered the following emergency Ordinance:
(#280/6) AN ORDINANCE amending and reordaining subsection (b) of
Section 22.1-45, Early service retirement allowance, and subsection (b)
of Section 22.1~46, Vested allowance, Code of the City of Roanoke
(1979), as amended, the amended subsections relating to calculation of
the amounts of early service retirement benefit and vested allowance,
respectively, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 529.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ........ O.
REPORTS OF COMMITTEES:
BUDGET-SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: Council
member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the committee reco~ending that
Council authorize the acquisition of seven parcels of land located
along the south side of Brownlee Avenue, S. E., immediately across the
street from the southerly end of the main Sewage Treatment Plant struc-
ture, which would provide a buffer area and future expansion area, from
Hugh L. and Elizabeth S. Gearhart, for $40,000.00, plus an additional
$2,000.00 to cover legal costs and removal of structures, for a total
of $42,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28077) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 530.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
NAYS: None .............
O®
Mrs. Bowles offered the following emergency Ordinance:
(#28078) AN ORDINANCE providing for the City's acquisition of
Lots 11 through 15, 17 and 18, Block 1, Eastover Place in the City of
Roanoke and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 531.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None .......... O.
SEWERS AND STORM DRAINS: Council member Robert A. Garland, Chair-
man of the committee appointed by the Mayor to tabulate bids received
for Williamson Road Storm Drain - Quadrant III, Oakland/Maplelawn
system, presented a written report on behalf of the committee recom-
mending award of a unit price contract to Aaron d. Conner General
Contractor, Inc., in the amount of $2,054,766.56; establishment of a
five per cent contingency, in the amount of $102,740.00; transfer of
310
ACTION:
ACTION:
ACTION:
available funds in the 1985 Series Public Improvement Bonds, Storm
Drain Category, Account No. A08310172801, to a new account identified
as Williamson Road Storm Drain - Quadrant III, in the amount of
$2,157,506.56 ($2,054,766.56 contract, $102,740.00 contingency), and
that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#280?9) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 532.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mro Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... --7.
NAYS: None ......
.0.
Mr. Garland offered the following emergency Ordinance:
(#28080) AN ORDINANCE accepting the bid of Aaron J. Conner
General Contractor, Inc., for construction of Williamson Road Storm
Drain - Quadrant III, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for tile work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 532.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ......
SEWERS AND STORM DRAINS-FLOODS: Council member Robert A. Garland,
Chairman of the committee appointed by the Mayor to tabulate bids
received for debris cleanup of the Roanoke River, Peters Creek, Tinker
Creek, Lick Run and Mud Lick Creek, presented a written report on
behalf of the committee recommending that all bids be rejected; and
that the City Manager be authorized to use City forces to accomplish
certain aspects of the cleanup on a force-account basis, which is eli-
gible for FEMA reimbursement, noting that necessary portions of the
work will be readvertised for bidding by private contractors.
A report of the City Manager concurring in the recommendation, was
also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28081) A RESOLUTION rejecting all bids for debris cleanup of
the Roanoke River, Peters Creek Tinker Creek, Lick Run and Mud Lick
Creek. '
(For full text of Resolution, see Resolution Book No. 49, page 533.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... ?.
NAYS: None ............ O.
BUDGET-BRIDGES: Council member Robert A. Garland, Chairman of the
committee appointed by the Mayor to tabulate bids received for deck
rehabilitation of the Walnut Avenue Bridge, S. E., over N & W Railway,
presented a written report on behalf of the committee recommending that
Council award a contract to Wilkins Construction Company, Inc., in the
amount of $424,658.00 and establish a contingency, in the amount of
$20,000.00, (recommendation includes acceptance of the Base Bid, as
well as Alternates A & B); that Council transfer $259,111.78 in addi-
tional funding from the Public Improvement Bond - Series 1985 - Streets
and Bridges Account No. A08310172802 into the existing Walnut Avenue
Bridge Deck Repair Account No. A08210192700, thereby establishing a
project account with $444,658.00 in total funding, including the con-
tingency; and that all other bids be rejected.
A report ef the City Manager concurring in the recommendation, was
also before Council.
311
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(~28082) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see 9rdinance Book No. 49, page 533.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- -7.
NAYS: None .......
O.
Mr. Garland offered the following emergency Ordinance:
(~28083) AN ORDINANCE accepting the bid of Wilkins Construction
Co., Inc. for deck rehabilitation to the Walnut Avenue Bridge, S. E.,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 534.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- 7.
NAYS: None ........
BUDGET-INSURANCE: Council member Howard E. Musser, Chairman of a
committee appointed to report on police professional liability insur-
ance, presented a written report on behalf of the committee advising
that on March 24, 1986, a proposal from Atlas Underwriters was received
to provide coverage as follows:
$500,000.00
2,500.00
Excluding
- Limit of liability
- Deductible
- Punitive
- Civil Rights claims under 42USC &
1983 et seq.
- Medical Malpractice
Premium
- $67,712.00
Proposal was good until 12:00 noon March 25, 1986
312
It was explained that evaluation of the proposal received has
concluded that:
The premium is a 102% increase over prior year.
Deductible is a 150% increase over prior year.
Exclusions of the proposal limited the policy to
little or no value. Almost all of the City's
claims have been under 42USC & 1983 which is
excluded.
The proposal could not be evaluated and reported
to Council in the restrictive time period.
It was noted that the difficulty in obtaining proposals or
coverage for Law Enforcement Professional Liability is but another
restrictive and inflexible insurance market affecting full service
governmental operations; that all claims relative to the subject expo-
sure wil! be presented to the City Attorney; that past insurance poli-
cies included legal defense for claims; that self-insuring liability
will increase the demand for defense support by the City Attorney,
thereby reducing the Attorney's response to other responsibilities, and
in the last six months, the City Attorney has assumed responsibility
for defense of Public Officials' Liability suits and Motor Vehicle
Liability suits.
On behalf of the committee, Mr. Musser recommended the following:
Reject the proposal received on Police Professional
Liability Insurance.
Council concur in self-insuring Police Professional
Liability Exposure, effective with the lapse of
that policy as of April 1, 1986.
Transfer $51,000.00 from the General Services In-
surance Account A01123735005 to Insurance Reserve
Account. These funds were originally budgeted to
pay the insurance premium for period April 1, 1986,
to April 1, 1987.
Claims would be paid from appropriations from the
self-insurance reserve account as directed by
Council.
The City Administration will continue all efforts
to obtain realistic coverage to address subject
exposure.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28084) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 535.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... .7.
NAYS: None ........ O.
ACTION:
ACTION:
ACTION:
Mr. Musser offered the following Resolution:
(#28085) A RESOLUTION relating to self-insurance of the City and
certain of its officers and employees with respect to law enforcement
officers liability.
(For full text of Resolution, see Resolution Book No. 49, page 535.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...................... 7.
NAYS: None ............ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION~ AND CONSIDERATION OF ORDINAN~[~.~)ND ~RES LUTIONS~
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET: The Mayor referred to a communication from the City
Manager advising that it has recently come to his attention that the
schedule for fiscal year 1986-87 budget deliberations approved by
Council on March 3, 1986, is not in compliance with the Code of Virgi-
nia regulations regarding the holding of a public hearing on the recom-
mended budget; that specifically, the public hearing must be held at
least seven days before the adoption of the budget; that the previously
approved dates of May 7 and May 12 for the public hearing and budget
adoption, respectively, do not meet this criteria; and suggesting that
Council discuss the issue at its meeting on April 7, 1986, and adjust
the schedule to comply with the Code of Virginia requirements, noting
that a possible change would be to schedule the public hearing on
Monday, May 5, 1986, at 9:00 a.m., and leave the budget adoption date
of May 12, 1986, unchanged.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Musser moved that Council hold a special meeting on Monday,
May 5, 1986, at 9:00 a.m., in the City Council Chamber, on the proposed
1986-87 fiscal year budget. The motion was seconded by Mr. Trout and
unanimously adopted.
SCHOOLS: Pursuant to Chapter 9, Education, Article II, Section
9-20, of the Roanoke City Code, on or before April 20, Council must
select candidates to receive the public interview for school trustee;
whereupon, Mr. Bowers moved that the formal interview be extended to
the following applicants:
Briggs W. Andrews
Donald Bartol
Edwin R. Feinour
The motion was seconded by Mr. Garland and unanimously adopted.
The Mayor announced that the interviews will be held on Thursday,
April 17, 1986, at 7:00 p.m., in the City Council Chamber.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:15 p.m., the Mayor declared the meeting in recess.
At 4:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
HUMAN RESOURCES: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources, for a term ending November 30, 1989,
and called for nominations to fill the vacancy.
313
314
ACTION:
Mr. Harvey placed in nomination the name o¢ The Reverend Frank W.
Feather.
There being no Further nominations, The Reverend Frank W. Feather
was elected as a member of the Advisory Board of Human Resources l~or a
term ending November 30, 1989, by the following vote:
FOR REVEREND FEATHER: Council members Bowles, Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor ....... --7.
There being no further business, the Mayor declared the meeting
adjourned at 4:40 p.m.
ATTEST: ~~
City Clerk
APPROVED
Mayor
315
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 14, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular n~eting in the
Counci! Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 14, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979),~s amended.
PRESENT: Council members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor James G. Harvey,
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr,, City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker
City Clerk. '
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
POLICE DEPARTMENT: Mr. Musser offered the following Resolution
memorializing the late David W. Rickman, Roanoke City Police Officer,
who gave his life in the line of duty while making an arrest at a pri-
vate residence on April 12, 1986:
(#28086) A RESOLUTION memorializing the late David W. Rickman,
Roanoke City Police Officer.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 536.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ......... 6.
NAYS: None ......
-0.
(Vice-Mayor Harvey was absent.)
HENRY STREET REVITALIZATION: Mayor Taylor advised that he was
presented with a check, in the amount of $1,095.00 by Ms. Catherine
Thurston and Mr. William Penn to be used for the Henry Street Revitali-
zation Project.
On behalf of the City of Roanoke, the Mayor expressed appre-
ciation.
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for exterior painting of Carvins Cove Filter Plant, said proposals to
be received by the City Clerk until 4:30 p.m., on Monday, April 17,
1986, and to be held, opened and read before the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
316
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
LUMP SUM
B & B Paint Contractors, Inc.
Forest Hill Associates of Roanoke, Inc.
$ 5,000.00
10,000.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for fourteen window replacements and twenty-eight storm window instal-
lations at Carvins Cove Filter Plant, said proposals to be received by
the City Clerk until 4:30 p.m., on Monday, April 17, 1986, and to be
held, opened and read before the Council at 7:30 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if any-
one had any questions about the advertisement for bids, and no repre-
sentative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER LUMP SUM
Construction Services of Roanoke, Inc. $17,200.00
Forest Hill Associates of Roanoke, Inc. 18,050.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for painting the Carroll Avenue and Grandin Court No. I water tanks,
said proposals to be received by the City Clerk until 4:30 p.m., on
Monday, April 17, 1986, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER ITEM #1 ITEM #2 ITEM #3
B & B Paint Contractors,
Inc.
Southern Corrosion, Inc.
Charlotte Tank Lining Co.
$70,000.00 $25,000.00 $ 94,000.00
74,650.00 24,950.00 99,600.00
88,261.00 18,167.00 104,328.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for furnishing and installing Falling Creek generator replacement, said
proposals to be received by the City Clerk until 4:30 p.m., on Monday,
April 17, 1986, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
LUMP SUM
Davis H. Elliot Company, Inc.
Varney Electric Company, Inc.
$19,649.00
27,538.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
TRAFFIC: Pursuant to notice of advertisement for bids for under-
ground traffic signal work at the intersection of Orange Avenue and
King Street, N. E., said proposals to be received by the City Clerk
until 4:30 p.m., on Monday, April 17, 1986, and to be held, opened and
read before the Council at 7:30 p.m., on that date, or as soon there-
after as the matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no representative pre-
sent raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bid:
BIDDER
BASE BID
New River Electrical Corporation
$34,112.75
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for study, report and reconlnendation to Council.
The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
317
PUBLIC HEARINGS:
ZONING: Council at its meeting on Monday, March 10, 1986, having
continued a public hearing until Monday, April 14, 1986, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Harold E. Rose and William D. Ward that a 1.16 acre parcel of land
located on Peters Creek Road, designated as Official Tax No. 6490805,
be rezoned from RS-l, Single-Family Residential District, to C-1,
Office and Institutional District, subject to certain proffered con-
ditions, the matter was again before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 28,
1986, and Friday, April 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission under date of March 10,
1986, advising that action by Council approving a rezoning of the adja-
cent property to C-1 would enable the rezoning request to be lowered to
C-1 and still ~eet development and use objectives; and in addition, the
present transitional provision that would allow an office to be built
on RS property when it adjoins a C-2 district would no longer apply,
was before the body.
The Planning Commission recommended approval of the rezoning
request, advising that new investigations of the general area have pro-
vided additional information relative to projected future land use;
that the properties immediately located on Frontage Road could provide
the transitional environment between future commercial/industrial deve-
lopment and the residential neighborhood; and the proposed use and
development of the subject property protects the residential nature of
the area, yet provides an alternative to strict residential use.
(For full text, see report on file in the City Clerk's Office.)
318
ACTION:
An additional report of the City Planning Commission advising that
Council continued the matter until its April 14 meeting so that notifi-
cation requirements of the State Code could be met by the Planning
Commission; that due notification was sent and received by interested
parties and a rehearing of the matter by the Planning Commission was
held on March 19, 1986, and at the Planning Commission rehearing, Mr.
W. Heywood Fralin, Attorney, representing the petitioners, presented
two additional proffers, as follows, was also before the body.
Petitioners will plant and maintain white pines in
front of the natural vegetation area mentioned in
paragraph 4(b), said trees to be at least six feet
tall and to be planted at a distance of every six
feet.
The Preliminary Development Plan which is Exhibit A
to the petition is hereby amended to the extent
Petitioner shall remove a structure depicted there-
on and captioned "to be removed".
It was noted that the City Planning Conunission recommends approval
of the rezoning request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28087) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 544.)
The motion was seconded by Mrs. Bowles.
Mr. W. Heywood Fralin, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
A report of Ronald H. Miller, Acting Zoning Administrator,
advising that pursuant to Section 36-555 (a) (3), of the Code of the
City of Roanoke, 1979, as amended, he is recommending that a bond of
security be required in the above-described request as follows, was
before Council:
The planting of white pines, as set
forth in proffered condition 4-c
$2,500.00
Removal of structure, as depicted on
site plan Exhibit A and captioned
"To be removed".
500.00
$3,000.00
Mr. Miller explained that it will be his responsibility to release
said guarantee upon the submission of satisfactory evidence that such
conditions have been met; and a reasonable time for completion of the
work shall be agreed upon by the Zoning Administrator and the deve-
loper. He advised that it is his opinion that no bond or similar
guarantee should be required of the petitioner to insure the perfor-
mance of the remaining conditions in the petition.
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28087 was adopted on its first reading by the
following vote:
319
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ................... 6.
NAYS: None-- O.
(Vice-Mayor Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Colonial Avenue Asso-
ciates and Dorothy M. Ferguson that property located at 2302 Colonial
Avenue, S. W., and 2311 Sanford Avenue, S. W., designated as Official
Tax Nos. 1271008 and 1271014, respectively, be rezoned from C-1, Office
and Institutional District, to C-2, General Commercial District, sub-
ject to certain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 28,
1986, and Friday, April 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, subject to rewording of the petition to include the fol-
lowing condition verbally proffered by the petitioner at the March 5,
1986, public hearing of the Planning Commission, was before Council.
"Outside signage and other outside activities shall
meet the requirements of the C-1 zone and signs
permitted in conjunction with the proposed beauty
shop at 2311 Sanford Avenue, S. W., shall be adja-
cent to Sanford Avenue."
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28088) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 545.)
ACTION:
The motion was seconded by Mrs. Bowles.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28088 was adopted on its first reading by
the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None--- O.
(Vice-Mayor Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
at its regular meeting on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, April 14, 1986, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on the request of
R.H. Patrick that a certain tract of land containing 3.16 acres,
located on Patrick Road near Orange Avenue, N. E., designated as
Official Tax No. 7160101, be rezoned from C-2, General Commercial
District, to LM, Light Manufacturing District, subject to certain prof-
fered conditions, the matter was before the body.
320
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 28,
1986, and Friday, April 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that land use and zoning are consistent with
surrounding development patterns, was before Council.
(For full text, see report on file in the City Clerk's Office.)
A report of the Zoning Administrator advising that pursuant to
Section 36-555 (2) (3), of the Code of the City of Roanoke (1979), as
amended, he recommends that a bond of security be required in the above
referenced request as follows:
Landscaping in accordance with Exhibit "B" filed
with the petition for rezoning in the Office of
City Clerk $ 5,000.00
He noted that it will be his responsibility to release said
guarantee upon the submission of satisfactory evidence that such con-
ditions have been met; that a reasonable time for completion of the
work shall be agreed upon by the Zoning Administrator and the develo-
per; and it is his opinion that no bond or similar guarantee should be
required of the petitioner to insure the performance of the remaining
conditions in the petition.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28089) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 716, Sectional 19/6 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 545.)
The motion was seconded by Mr. Bowers.
Mr. W. Heywood Fralin, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28089 was adopted on its l~irst reading by
the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............ 6.
NAYS: None ........ O.
(Vice-Mayor Harvey was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard on the request of George J. Buchanan, Jr.,
and Arthur J. Scherl, Trustees for St. Mark's Lutheran Church, that an
alley extending from Franklin Road, parallel to and between Highland
Avenue and Washington Avenue, S. W., in an easterly direction for
approximately 275 feet and then in a northerly direction approximately
150 feet to Highland Avenue, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 28,
1986 and Friday, April 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Cofnmission recommending that the
request be approved, subject to the applicant's agreement to provide
the following alterations, was before Council.
321
"Removal of the existing alley driveway apron at
the alley's intersection with Franklin Road, S. W.,
and replacement of a section of standard City curb.
Removal of the adjoining alley pavement for a
distance of 15 feet from the rear of the existing
sidewalk into the church property, and replacement
of proper landscaping (grass, plantings) of the
applicants option.
That the subject alley closure be made to become
effective upon the date of certification by the
City Engineer that the above improvements have been
properly installed.
That an easement be retained within the right-of-
way for all existing utilities."
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28090) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 546.)
ACTION: The motion was seconded by Mr. Trout.
Mr. Dudley F. Woody, Attorney, representing the petitioner,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 28090 was adopted on its first reading by the following
vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None --0.
(Vice-Mayor Harvey was absent.)
SCHOOLS: Pursuant to Section 9-20.1, Public Hearing Before
Appointment of School Board members, the City Clerk having advertised a
public hearing for Monday, April 14, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, to receive views of citizens
regarding appointment of School Board Trustees, the matter was before
the body.
As of June 30, 1986, there will be two vacancies on the Roanoke
City School Board. Three applications to fill the vacancies were
received in the City Clerk's Office prior to the deadline of March 10,
1986, at 5:00 p.m.; viz: Bri§gs W. Andrews, Donald Bartol and Edwin R.
Feinour.
Mr. Lloyd Austin, 7242 Woodhaven Road, N. W., appeared before
Council in support of the application of Mr. Donald Bartol, advistng
that he has been acquainted with Mr. Bartol for over thirty years. He
said Mr. Bartol is an articulate spokesman, and he is a man of inte-
grity and sincerity.
322
Mr. James E. Jones, 3564 Hartland Road, S. W., appeared before
Council in support of the application of Mr. Donald Bartol, advising
that he has known Mr. Bartol for over thirty years. He urged that
Council carefully consider the credentials of Mr. Bartol and elect him
as a member of the School Board.
Ms. Bobbi Simpkins, 1512 Buena V~sta Boulevard, S. E., appeared
before Council in support of the application of Mr. Donald Bartol,
advising that he is a man ol= compassion and knowledge, and he has the
ability to communicate well and work with people at all levels.
Ms. Velma Seif, 2231 Grandin Road, S. W., appeared before Council
and advised that it is important to realize that inasmuch as there are
only three applicants for the School Board positions, this is an indi-
cation that people are generally satisfied. She urged that Council
continue continuity on the School Board and elect those persons who are
able to absorb the entire picture as it relates to the school system.
Mr. A. L. Turner, Jr., 2625 Avenham Avenue, S. W., appeared be-
fore Council in support of the application of Mr. Donald Bartol. He
stated that he has known Mr. Bartol for over twenty years and believes
him to be a fine educator and disciplinarian.
Mr. Jack A. Powell, 1014 Hartsook Boulevard, S. E., appeared
before Council in support of the application of Mr. Donald Bartol,
advising that he has known Mr. Bartol for over twenty years and spoke
in support of his administrative abilities.
Mr. Jack D. Hayslett, 408 Houston Avenue, N. E., appeared before
Council in support of the application of Mr. Donald Bartol, advising
that Mr. Bartol has been in the school system for over thirty years as
teacher, counselor, basketball coach and principal. He said Mr. Bartol
knows the system well, he is familiar with the problems, and his
background will provide a definite plus for the City. He stated that
the City needs to put Mr. Bartol's dedication, common sense and
experience to work.
PLANNING-GRANTS: Council having previously instructed the City
Clerk to advertise a public hearing for Monday, April 14, 1986, at
7:30 p.m., or as soon thereafter as the matter may be heard, to con-
sider the proposed fiscal year 1986-87 Community Development Block
Grant budget and Statement of Objectives to the United States Depart-
ment of Housing and Urban Development (HUD) for funding of such budget,
the matter was before the body.
Legal advertisement of the public hearing was published in the
Roanoke Times & World-News on Thursday, April 3, 1986, and in the
RoanOke Tribune on Thursday, April 3, 1986.
(See publishers' affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report recommending that
Council adopt the CDBG Statement of Objectives and budget as recom-
mended by the City Manager, authorize the City Manager to submit the
program to HUD for final review and approval, and authorize the City
Manager to execute the grant agreement with HUD on behalf of the City.
It was noted that upon receipt of program and budget approval from HUD,
a report detailing the necessary budget appropriations by program and
line item, as well as contracts necessary to carry out the fiscal year
1986-87 program, will be presented to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
(See Statement of Community Development Objectives and Projected Use of
Funds on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
ACTION:
(#28091) A RESOLUTION approving the proposed Fiscal Year 1986-
1987 Budget for the Community Development Block Grant Program, and the
Statement oF Community Development Objectives and Projected Use of
Funds; authorizing the City Manager to execute the Statement of Com-
munity Development Objectives and Projected Use of Funds for submission
to the United States Department of Housing and Urban Development (HUD);
and authorizing the City Manager to execute the requisite Grant Agree-
ment with HUD.
(For full text of Resolution, see Resolution Book No. 49, page 537.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland.
Mr. J. L. Beckner, 1512 Scott Road, N. E., appeared before Council
and advised that his property is included in the Deanwood Project. He
said he has been informed that the City is going to acquire homes in
the area but he has been unable to get sufficient information as to
when and if his property will be acquired.
The City Manager advised that he did not have the answers to Mr.
Beckner's questions, however, he would arrange a meeting with Mr.
Beckner, the City and Housing Authority staff to address his concerns.
No other persons wishing to address the Council, Resolution No.
28091 was adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ .6.
NAYS: None ........
O.
(Vice-Mayor Harvey was absent.)
323
m
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to five
requests for Executive Sessions to discuss a matter of disposition of
real property; two contractual matters; a personnel matter; and a
matter of potential litigation.
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 17, 1986, and Monday, March 24, 1986, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ........
(Vice-Mayor Harvey was absent.)
Oe
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter of disposition of real property, pursuant
to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
324
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter of disposi-
tion of real property, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................ 6.
NAYS: None ........
(Vice-Mayor Harvey was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
John A. Sabean as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 16, 1988,
was before the body.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............. 6.
NAYS: None .......
(Vice-Mayor Harvey was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a contractual matter, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the
body.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a contractual matter, pursuant
to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None .........
(Vice-Mayor Harvey was absent.)
O®
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a personnel matter, pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ........
(Vice-Mayor Harvey was absent.)
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter being the terms and conditions of
contracts to which the City is a party, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter being
the terms and conditions of contracts to which the City is a party,
pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None ...........
(Vice-Mayor Harvey was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of poten-
tial litigation, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... 6.
NAYS: None .............. O.
(Vice-Mayor Harvey was absent.)
325
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
REGIONAL PARTNERSHIP OF THE ROANOKE VALLEY: Mr. Edwin R. Hall,
representing the Regional Partnership of the Roanoke Valley, appeared
before Council and presented a progress report on the Partnership's
first two years, and with regard to funding and how it affects Roanoke
City Council.
Mr. Hall advised that competition is tough; that many of our com-
petitors have significantly larger budgets that the Roanoke Partner-
ship; that research shows a correlation between the number of inquiries
generated and the amount of money spent on marketing and advertising;
and in an October 7, 1985, communication to Roanoke City and the other
governments, the Partnership asked for an increase in contributions by
ten cents per capita. He noted that the increase is important to help
the Partnership compete, but as the budgeting process begins, the
Partnership realizes it is competing in another arena and understands
the situation in which Council is placed by the Gramm-Rudman Balanced
Budget Requirement. He said the Partnership understands the difficult
job of Roanoke City Council as it tries to make a smaller pie feed too
many organizations; therefore, as the Partnership stated in their
letter of April 1, 1986, they are prepared to continue at the original
fifty cents per capita rate even though they feel an increase would
make the program more competitive.
326
Mr. Hall pointed out that the Partnership is the marketing arm of
each locality; that it has some of the resources to start making the
Valley's presence felt on a national and international scale; that the
Partnership confers with businesses outside the Valley in an effort to
locate them here, they introduce local product lines to national and
international buyers and investors, they help local businesses find
resources such as venture capital~ they keep an inventory of buildings
and sites for expansion or relocation, and they work to effectuate
public policy that will support economic development.
Mr. Hall explained that every year a community looses eight per
cent or more of its jobs to business closings, mergers, and acquisi-
tions; that the community that grows works very actively and con-
tinually to replace old and add new jobs; that there are at least
11,000 economic development organizations in the United States com-
peting for only 1,000 plant expansions and/or relocations; that the
first two years have been a good start thanks to Council's foresight
and confidence; that the Partnership is starting to see interest and
generate inquiries, but the job of developing a secure, long term eco-
nomic base will be a continual effort.
ACTION:
(See statement on file in the City Clerk's Office.)
Mr. Trout moved that Mr. Hall's remarks be received and filed.
The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development
Authority recommending approval of the issuance of $5,000,000.00 in
industrial revenue bonds for CSS Partnership for the purchase and reno-
vation of a commercial building in downtown Roanoke formerly occupied
by Miller & Rhoads, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28092) WHEREAS, the Industrial Development Authority of the
City of Roanoke, Virginia (the Authority), has considered the applica-
tion of CSS Partnership (the Company), a Virginia general partnership,
requesting the issuance of the Authority's industrial development reve-
nue bond in an amount estimated at $5,000,000.00 (the Bond) to assist
in the financing of the Company's acquisition and rehabilitation of a
six story commercial building (the Project) at 34 W. Campbell Avenue,
S. W., in the City of Roanoke, Virginia, and has held a public hearing
thereon on April 1, 1986.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 538.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None .......... ~--0.
(Vice-Mayor Harvey was absent.)
A communication from the Industrial Development Authority recom-
mending a local allocation of bond issuing authority for the CSS Part-
nership project, and recommending additional allocation of bond issuing
authority from the State Reserve for said project, was also before
Counci 1.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
ACTION:
(#28093) A RESOLUTION pursuant to Executive Order No. 54(85)
issued by the Governor of the Commonwealth of Virginia, January 23,
1985, authorizing allocation of bond issuing authority from the "Local
Allocation" and requesting additional allocation of bond issuing
authority from the "State Reserve" as those terms are defined in the
Executive Order.
(For full text of Resolution, see Resolution Book No. 49, page 539.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor--- - .... 6.
NAYS: None ..........
(Vice-Mayor Harvey was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that the Vacant Lot Homesteading Program was developed
to reduce the number of vacant, neglected lots in the City's neigh-
borhoods by helping responsible parties buy the lots; that loans made
by the City under the Program cover purchase up to appraised value,
services of a realtor (in some cases), legal fees, costs to clear the
lot initially in cases where needed, and other reasonable expenses; and
current available funding approved by the City for the Vacant Lot
Homesteading Program is approximately $36,500.00, all from Community
Development Block Grant funds.
It was explained that ten additional candidate lots have been
identified as appropriate for the Program; that contracts with intended
buyers of the vacant lots must be executed to commit each to buy the
lot if it is available and to maintain it after it is transferred to
the buyer; that commitments from prospective buyers adjacent to the
escheated vacant lots have been obtained; that prospective buyers in
most cases are adjacent homeowners; and in some cases, however, where
there is no appropriate and willing homeowner adjacent or near the lot,
the prospective buyer is the owner of adjacent ~tell-maintained pro-
perty.
It was further explained that funds are available in Community
Development Block Grant Account No. A35668400525 approved and estab-
lished for the Vacant Lot Homesteading Program; and any delinquent tax,
weed or demolition liens held by the City against any lot will be paid
from the proceeds of sale of that lot to the limit of the proceeds of
the sale.
The City Manager recommended that Council authorize the following:
Authorize the City Manager or his designee to exe-
cute contracts with appropriate parties to acquire
and maintain the vacant lots identified on an
attachment in accordance with the Vacant Lot Home-
steading Program approved by the City Council on
July 25, 1983, the contracts to be approved as to
form by the City Attorney.
Authorize deferred payment forgivable loans from
CDBG Vacant Lot Homesteading Account A35668400525,
in amounts to be determined in each case pursuant
to the approved Vacant Lot Homesteading Program, to
the appropriate buyers for purchase and related
expenses for the transfer of the lots identified on
the attachment.
227
328
ACTION:
Authorize the City Attorney and the Director of
Finance to serve as trustees of each deed of trust
on each loan extended to buyers of the lots iden-
tified on the attachment under the Program.
(For full text, see report on file tn the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28094) AN ORDINANCE authorizing the City Manager to execute
Agreements for Acquisition and Maintenance of Vacant Lot with certain
purchasers of vacant lots under the City's Vacant Lot Homesteading
Program; authorizing the City Attorney and Director of Finance to exe-
cute deeds of trust securing loans made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute certificates of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 540.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... ---6.
NAYS: None .......
(Vice-Mayor Harvey was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
has submitted the closeout for the Summer Youth Program for the period
ending September 30, 1985; that the City of Roanoke is the grant reci-
pient for Consortium funding and Council must appropriate the funds for
all grants the Consortium receives.
It was explained that the Consortium has received Notice of Award
No. 85-813-15 which closes the past year Summer Youth Program; that
Notice of Award No. 86-03-03 transfers carryover funds to the next
year's program based on submitted closeout figures; and the Consortium
utilized $17,360.42 of non-JTPA funds for administrative purposes in
fiscal year 1985, and the remaining balance is needed in the current
fiscal year.
The City Manager recommended that Council reappropriate the Con-
sortium's funding adjustments of $258,498.45 and adjust the revenue
accounts by $258,498.45.
Deobli9ate $181,579.45 from the fiscal year 1985
JTPA Administrative Pool (A34-8560-999-99) and de-
crease the revenue estimate $117,280.14 (R34-8501-
60).
Appropriate $181,579.45 to the fiscal year 1986
JTPA Administrative Pool (A34-8660-999-99) and
increase the revenue estimate $117,280.14 (R34-
8601-60).
Deobligate $76,919.00 from the fiscal year 1985
Summer Youth Program (A34-8566-999-99) and decrease
the revenue estimate $76,919.00 (R34-8501-67).
Appropriate $76,919.00 to the fiscal year 1986 Sum-
mer Youth Program (A34-86650999-99) and establish a
revenue estimate for $76,919.00 (R34-8601-65).
Establish $64,299.31 revenue estimate for fiscal
year 1986 Consortium funds (R34-8603-01) and reduce
the revenue for fiscal year 1985 Consortium funds
$64,299.31 (R3408502001).
(For full text, see report on file in the City Clerk's Office.)
329
Mrs. Bowles offered the following emergency budget Ordinance:
(#28095) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Fifth District Consortium Fund Appropriation Ordinance, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 541.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................................... 6.
NAYS: None ............. O.
(Vice-Mayor Harvey was absent.)
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Council awarded a construction contract on May 24, 1982,
pursuant to Ordinance No. 26044, for the construction of the underpass
and Airport Road relocation; that construction is now complete; that
the old right-of-way for Airport Road needs to be vacated and new
right-of-way needs to be dedicated together with an underground ease-
ment for the underpass.
The City Manager recommended that he be authorized to file the
necessary application for altering and vacating a portion of Airport
Road; that the City Attorney be directed to prepare legal documents
necessary for the street closing; and that the Mayor be authorized to
sign for the City the appropriate subdivision dedicating the new por-
tion of Airport Road.
(For full text, see report on file in the City Clerk's Office.)
ACT[ON: Mr. Musser moved that Council concur in the recommendation. The
motion was seconded by Mrs. Bowles and adopted.
CLEAN VALLEY COMMITTEE: The City Manager submitted a written
report advising that the Clean Valley Committee was organized by the
governments in the Roanoke Val]ey to coordinate a valley-wide litter
control program; that all grants to these localities are received by
each locality and then transferred to the committee for that purpose;
and the total of all four grants is as follows:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
$ 8,060.O0
6,886.00
3,014.00
1,642.00
It was explained that the Clean Valley Committee generally submits
a cooperative grant application for the four localities; and the
Department of Conservation and Historic Resources, Division of Litter
Control (Commonwealth of Virginia), requires a resolution from each
locality designating the Clean Valley Committee as recipient of the
funds for the year beginning July 1, 1986.
The City Manager recommended that Council designate the Clean
Valley Committee as recipient of the Division of Litter Control grant
for the year beginning July 1, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28096) A RESOLUTION designating the Clean Valle~ Committee,
Inc., to develop a coordinated litter control program for the entire
Roanoke Valley and authorizing such Committee to apply for certain
grant funds from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 49, page 542.)
330
ACTION:
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................................. 6.
NAYS: None ............................
(Vice-Mayor Harvey was absent.)
INSURANCE-PARKS AND PLAYGROUNDS: The City Manager submitted a
written report advising that Festival-in-the-Park, Inc., has requested
the use of certain City park facilities and the barricading of certain
public streets in connection with Festival Week scheduled for May 24 -
June 1, 1986; that public liability and property damage insurance, pur-
suant to Section 15.1-14.9 of the Code of Virginia, must be furnished
by organizations permitted to use the public streets; that the amount
of the insurance is to be established by the governing body and the
jurisdiction is to be named as an additional insured; and in addition,
as a matter of policy, the City requires public liability insurance for
the use of all public facilities including City parks.
It was explained that Council needs to establish the amount of
liability insurance that Festival-in-the-Park, Inc., will be asked to
provide in connection with the subject events; and Festival-in-the-
Park, Inc., has been able to secure insurance coverage with limits of
liability of $1,500,000.00.
The City Manager recommended that Council approve insurance
coverage, with limits of liability of $1,500,000.00, in connection with
Festival-in-the-Park and Festival-on-the-River events, with Festival-
in-the-Park, Inc., to furnish the insurance and to name the City of
Roanoke as additional insured on the policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(428097) A RESOLUTION establishing the minimum amount of public
liability and property damage insurance to be provided by Festival-in-
the-Park, Inc., for festival activities.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 543.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... 6.
NAYS: None ........
(Vice-Mayor Harvey was absent.)
--0,
REPORTS OF COMMITTEES:
STADIUM-CITY PROPERTY: Council ~ember Robert Ao Garland, Chairman
of the committee appointed by the Mayor to tabulate bids received for
repair to flood damaged fencing at Maher Field and Victory Stadium,
presented a written report on behalf of the committee recommending that
Council approve the encumbrance of $20,636.02 in Account No. A08-2401-
910-85 for the subject project; authorize the City Manager to enter
into a contractual agreement with Walker Fence and Handrail Company of
Roanoke, the amount of $20,636.02, with a construction time of 30 con-
secutive calendar days; and reject the other bid.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendations of
the bid committee, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28098) AN ORDINANCE accepting the bid of Walker Fence and Hand-
rail Company, for repair to flood damaged fencing at Maher Field and
Victory Stadium, upon certain terms and conditions, and awarding a con-
tract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for tile work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 543.)
Mr. Garland .moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............... -6.
NAYS: None .....
(Vice-Mayor Harvey was absent.)
331
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FLOODS: Council member James O. Trout advised that he previously
brought to Council's attention complaints by certain southeast resi-
dents regarding damage to their homes as a result of the November 4,
1985 flood; that the Director of Public Works met with the citizens,
however, the matter has not been resolved.
Mr. Trout requested that the City Manager ask an appropriate City
official to meet with the residents with regard to their concerns.
SCHOOLS: The Mayor advised that on Thursday, April 17, 1986, at
7:00 p.m., in the City Council Chamber, the members of Council will
publicly interview three candidates for the upcoming vacancies on the
Roanoke City School Board.
OTHER HEARINGS OF CITIZENS:
SCHOOLS-HARRISON HERITAGE CENTER: Mrs. Hazel B. Thompson, 831
Madison Avenue, N. W., appeared before Council and expressed appre-
ciation to the members of Council for their service. She expressed a
special note of appreciation for Council's patience in working with her
on the Harrison Heritage and Cultural Center.
At 8:50 p.m., the Mayor declared the meeting in recess.
At 10:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Vice-Mayor Ha~'vey.
There being no further business, the Mayor declared the meeting
adjourned at 10:20 p.m.
APPROVED
^.EST:
City Clerk
Mayor
332
COUNCIL .... PUBLIC INTERVIEW OF SCHOOL BOARD APPLICANTS
April 17, 1986
7:00 p.m.
The Council of the City of Roanoke held a public interview of three
candidates for the position of School Board Trustee on Thursday, April 17, 1986,
at 7:00 p.m., in the Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., with Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Robert A. Garland, James G.
Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor ......... 6.
ABSENT: Council member Elizabeth T. Bowles
'-1o
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD CANDIDATES PRESENT:
Bartol, and Mr. Edwin R. Feinour, Jr.
Mr. Briggs W. Andrews, Mr. Donald
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that on June 30, 1986, the terms of Messrs. Briggs W.
Andrews and Edwin R. Feinour, Jr, as Trustees of the Roanoke City School Board
will expire, and the purpose of the meeting is to interview three candidates for
the upcoming vacancies.
The Mayor advised of the following actions taken by Council to conform
with the School Board selection process set forth in Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended: '
At regular meetings of the City Council held on January 21 and Janu-
ary 27, 1986, Council announced its intention to elect Trustees of the
Roanoke City School Board for terms commencing July 1, 1986.
Advertisements were placed in The Roanoke Times & World-News inviting
applications for the upcoming vacancies. Three applications were
received in the City Clerk's Office prior to the deadline on Monday,
March 10, 1986. Upon filing, the City Clerk furnished each applicant
with written information prescribed by Council describing the duties
and responsibilities of the Trustees of the Roanoke City School Board.
The mass media was encouraged to make public service announcements of
the impending election of School Trustees and the selection procedure
required.
On March 10, 1986, at 6:00 p.m., Council held a public reception with
the candidates.
On March 24, 1986, Council, as a Committee of the Whole, reviewed and
considered all applications.
At the regular meeting of City Council held on Monday, April 7, 1986,
at 2:00 p.m., Council, by public vote, selected all three candidates to
be accorded the formal interview. The selection process provides, in
part, that the number of candidates to be granted the interview will
not exceed three times the number of positions available on the Roanoke
City School Board, should there be so many candidates.
ThOse ~an~idate~ who were to be accorded the formal interview were
notified'by the. City Clerk on April 10, 198G...
A notice was published in The Roanoke Times & World-News inviting the
public to attend a public hearing to receive the views of citizens
regarding appointment of School Board Trustees and to submit proposed
questions to the candidates by filing such written questions in the
City Clerk's Office by 5:00 p.m., on Thursday, April 10, 1986. No
questions were filed with the City Clerk.
Mayor Taylor advised that the selection process provides that Council
will publicly interview eacil candidate separately and out of the presence and
hearing of the other candidates; that interviews of the candidates will take
place in alphabetical order based on the first letter of the last name of the
candidates; that each candidate will be given the opportunity to make an opening
statement of not more than five minutes and thereafter, Council may ask such
questions, as Council, in its discretion, deems advisable; and the Council will
hold three interviews with each interview consisting of fifteen minutes. Mayor
Taylor requested that the candidates be seated in the Council's Conference Room,
noting that the City Clerk will advise each applicant when it is time for his
interview; that after the interview has been completed, each applicant may feel
free to leave the Council Chamber inasmuch as no action will be taken by the
Counci 1. ,
In concluding, Mayor Taylor advised that on Monday, May 5, 1986, at
2:00 p.m., or as soon thereafter as the matter may be considered, the Council
will hold an election to fill the two vacancies on the Roanoke City School Board
for terms of three years each commencing July 1, 1986, and ending June 30, 1989.
The following is a summarization of opening remarks of the candidates
and responses to questions asked by the members of Council:
333
The first person to be interviewed was Mr. Briggs W. Andrews
Mr. Andrews expressed appreciation for the opportunity to have served
on the School Board for the past three years, advising that he has found it to
be a very rewarding experience. He said it has been rewarding because he has
seen improvements in student performance and a dramatic reduction in the drop-
out rate. These improvements have been system-wide and have been the result of
improved instructional programs in the system. He stated that the curriculum
has been revised in all subject areas, the Board has expanded staff development
efforts and a comprehensive evaluation process for teachers has been instituted.
He stated that much of the success is due to a dedicated staff of teachers,
administrators and classified personnel, as well as to the backing they have
received from City Council, both in financial and individual support, and sup-
port from the State of Virginia.
Mr. Andrews said the same reasons that motivated him to file as a
School Board applicant three years ago still motivate him today. First, he
strongly believes that every child in the City of Roanoke should receive a
quality education tailored to that child's needs and abilities. Finally, his
legal background has helped him to view problems as they have arisen in an
objective fashion and to work with others to evaluate and solve those problems.
He pointed out that he now has some new reasons for wanting to continue his ser-
vice on the School Board, noting that while he is aware that the School Board is
a policy making body rather than an administrative body, he understands the need
to know the operations of the system and all of its facets. He said he has
invested three years in learning those areas by visiting schools, talking to
teachers and administrators and talking with students. Mr. Andrews pointed out
that part of any initial term on any board will be lost in the learning process;
that effectiveness improves over time and he is of the opinion that he is much
more effective now than when he began his term. He said he would like to be
able to make use of this investment and continue efforts that have been started
in the school system.
Mr. Andrews spoke of the need to expand and build on current programs.
For example: the reduction in the drop-out rate has been cut in half, but now
the system is faced with students who have much more difficult problems to
tackle. Focus is going to have to be placed on new programs, additional alter-
native education means and improved instruction to keep the interest of students
up in order to reduce the drop-out rate. In special education, it is felt that
in-house services are more cost effective and in order to provide those services
the screening and identification process has improved.
In vocational education, Mr. Andrews stated that the system is pro-
viding significant opportunities for those students who do not feel they are
college bound. The system needs to provide them with job skills not only in
the traditional jobs where vocational education is being provided, but also in
new technologies. At the same time, instill in these students the basic skills
of math, reading and language arts so that they may function in society when
they graduate from the school system.
334
Mr. Andrews said one of his biggest goals is to see that the average
student is not forgotten. The average student requires additional teaching and
learning skills and the system needs to incorporate various programs that have
been piloted through the gifted in providing them with a proper education.
Mr. Bowers asked the following ~uestion:
QUESTION: I would like to elicit your response as to the present situation in
the Roanoke City Schools with regard to teacher morale. Is it good, bad, indif-
ferent? How evasive is it? And what ought to be done for it, against it, etc.,
to improve it?
Mr. Andrews responded that it is always difficult to define morale as
such. He said in his trips to schools and discussions with teachers, he has not
received the impression that morale is low. One thing the system is faced with
is a situation where in pushing to improve the system obviously much more
pressure is placed on the classroom teacher. The classroom teachers are crucial
to an educational program and pressures have been placed on them to improve
learning and teaching styles. On the other hand, there have also been pressures
because of administrative burdens that have been placed on them. Another
problem is that while the State has offered support financially, it has mandated
that a number of dollars be allocated to teachers' salaries. He said he is not
against improving salaries of teachers, but if increased funds have to go to the
salaries of the teachers, programs are not added that could relieve some of the
administrative paperwork burden from the teachers. While they get more pay
because the funds go to them, unfortunately, a lot of the burden ends up resting
on the teachers. He stated that in the future he hopes the system will be able
to institute more programs to take clerical problems off of teachers and
guidance counselors and set up a system so that they are able to devote their
time to the instructional program and not have other pressures placed on them by
the needs of the system.
Mr. Garland asked the followin~ q.uestion:
QUESTION: Do you think that the Roanoke Public School system offers an adequate
program for the slow learner or the economically disadvantaged student? Like-
wise, do we offer an adequate program for the above average student, and in your
opinion, do the proper bounds exist?
Mr. Andrews responded that he is of the opinion that the system provi-
des an adequate program for all segments of the educational spectrum for stu-
dents in the system, noting that the question really comes down to whether the
system is weighted too heavily one way or the other. He said it is his feeling
that through the various remediation programs, through a prescripted learning
program, the system is endeavoring to identify students with specific learning
problems. Teachers and a committee in each school confer and complete a pres-
cription as to how to bring a student up in any particular area. He said there
are a number of programs; that much attention is focused on the Plato Program,
the accelerated programs in high school and the Governor's School, noting that
those are the kinds of programs that receive a lot of publicity, however, and
programs for the middle of the road student do not get that kind of publicity.
He stated that the programs are in place, and they are a vital part of the
system to insure that all students are properly educated.
Mr. Harvey asked the following question:
QUESTION: Looking back over the three years when you came to be a member of the
School Board, what do you see as the relationship in communication between the
Board and/or Administration and the classroom teacher? Has it improved or not
improved?
Mr. Andrews responded that he feels communication has improved over
that time. The major component that has been added to the system is the com-
municator system. The communicator is generally a person who is on board for
the teachers to discuss problems that they do not wish to discuss with the prin-
cipal. The communicators come together and discuss the various problems, direct
their questions or concerns to the appropriate party and answers to the
questions are funneled back through the communicator process to assure an addi-
tional avenue of communication for the classroom teacher. That program is the
basis upon which any additional changes in communication patterns should be
focused. He said communication is generally good, and in any system as large as
Roanoke's, there are some gaps which the Board continues to endeavor to close.
335
Mr. Musser asked tile follow.in~uestion:
QUESTION: What has been your approach to analyzing the School budget? If cuts
should be needed, what would be your priorities?
Mr. Andrews responded that the budget process generally starts in
July when the School Board workshop is held, at which time goals and objectives
for the coming school year are identified. Based on those goals and objectives,
the Administration examines programs that are currently in place and determines
through a process of conferring with teachers, parent groups, and administrators
what could be done about those goals. Wheq the Administration submits proposals
for additional programs, the Board examines those proposals in-depth at a number
of budget study sessions. He said there have been instances when Board f~mbers
have examined back-up information on why certain proposals would be advan-
tageous. The Board continues on that process until the budget is actually pro-
posed. The Board attempts to rank the various proposals that are presented to
determine whether they meet the goals set by the Board and they try to come tip
with some priorities for the proposals. This year in light of the way State
funds were allocated, the Board was faced in effect with a deficit budget. It
if had fully funded teachers' salaries to the extent that the State required,
the budget would have had a deficit without expanding any programs. Tile
approach the Board took and presented to Council was an across-the-board two per
cent cut rather than take an individual program out of place that was already
functioning. In the future, the system will be faced with additional cuts and
that will be the time when the Board will have to analyze individual programs.
Mr. Andrews said instructional programs are the heart of our school system, and
matters that effect the overall instructional program of the schools would be
the last thing he would favor cutting. He said his first consideration for cuts
would be those programs that benefit only a small sector of school population,
such as pilot programs that have been instituted in individual schools; there
would always be some staff reductions, noting that 85 per cent of the school
budget is in personnel costs, with 6 - 7 per cent of tile other 15 per cent going
to public utilities and those kinds of things that they have no control over.
Mr. Trout asked the followin~ question:
QUESTION: What part has the new assistant played? Now that you have the new
assistant on board, has that made it easier for the superintendent to touch base
and communicate more?
Mr. Andrews responded to the effect that the reason for hiring the new
assistant was to relieve the superintendent of many of the more routine admi-
nistrative matters, and to enable the superintendent to visit the schools and
evaluate programs, to work with other administrators in the system, and to work
on improving instructional performance of the system as opposed to working on
the day to day problems that arise from school to school that always end up
coming to the superintendent's desk. Part of the purpose in hiring the new
assistant was to have someone available on a full time basis to devote to going
out to the schools, handling problems and discussing concerns that arise in the
day to day activities of the school system which would enable the superintendent
to carry out the functions of improving instructional programs throughout the
system rather than having to split his time both ways. The goal is to allow the
Superintendent to work on the instructional quality of the system as opposed to
administrative matters involving individual schools and individual problems.
Mayor Taylor asked the following question:
QUESTION: What do you believe to be, after your three years of service, the
greatest need of the Roanoke City Public School system today?
Mr. Andrews responded that he views the greatest need of the system is
to push forward with programs to aid students who are having difficulty in
working their way through the system, whether these students are called poten-
tial drop-outs or classified as special education students with handicap
problems, noting that the social problems of a number of students in the City
are growing. It is necessary in all of the programs to focus on the individual
student and that student's problems which places a tremendous burden on
teachers, guidance counselors and programs. The system is faced with a number
of problems such as a higher degree of poverty level families and children from
single parent households. It would be advantageous to take some of the paper-
work off the teaching staff so that teachers may interact with students on an
instructional basis rather than simply as a clerical individual trying to handle
increased paperwork.
336
The second person to be interviewed was Mr. Donald Barto].
Mr. Bartol advised that the position of School Board member carries a
great deal of responsibility to Council, to the educational system of Roanoke
City, and to the citizens of the entire City. He said he is of the opinion that
he has the background and knowledge to assume that responsibility. Being in
education in the City for the past 31 years he has watched and helped our system
grow into an outstanding school system. He said education is constantly
changing and we must change with it, but we must never forget the basic funda-
mentals and the education of the entire child.
To be in education, Mr. Bartol said that one has to be people oriented;
that most educators have a commitment to the community in which they live; that
he has a strong feeling toward the City of Roanoke, it is his home and he would
like to have the opportunity to be able to help it continue to grow.
Mr. Garland asked the following question:
QUESTION: Do you think that the Roanoke City Public School system offers an
adequate program to the slow learner or the economically disadvantaged student?
Do we offer an adequate program to the above average student, and in your opi-
nion, does the proper balance exist?
Mr. Bartol responded that the school system has done an outstanding
job toward the college-oriented child. For example: the honor courses, the
CITY School, and the Governor's School. A fairly good job has been done with
special education. It is the system's responsibility to train students to take
their place in society and make them productive members of society. He expres-
sed concern for the average child who seems to drift into school and sometimes
drifts out of school, noting that a close contact has to be kept on that child.
In so far as the poor and disadvantaged, Mr. Bartol said we have one junior high
school that is Chapter I, we have poor and disadvantaged children in every
junior high school and we need improvement in that area.
Mr. Harvey asked the following question:
QUESTION: Drawing on your 31 years of experience, should you be appointed to
the School Board, do you think there is a problem with communication between the
School Board and/or Administration, and the classroom teacher, which in turn
strongly relates to the job performance area? If there is a problem, what would
you do to address the issue?
Hr. Bartol responded that in respect to his particular school, he is of
the opinion that faculty and students work together, they are there for one pur-
pose -- the welfare of the children. If there is a lack of communication, the
matter should be discussed. He said he does not have the problem of communica-
tion at his school inasmuch as his teachers are free to come into his office at
will.
Mr. Musser asked the following question:
QUESTION: What approach would you take to analyze the budget? If cuts are need-
ed, what would be your priorities?
Mr. Bartol responded that the question is: would he be interested in
programs or in children and his answer would have to be children. The children
will determine the type of program, noting that in junior high and senior high
schools, the schools are run by a master schedule which is created for the
children. The needs and requirements of the children for graduation and their
ability levels are included in the master schedule. With reference to budget
cuts, there are programs than can be cut, but they would have to be carefully
analyzed. Mr. Bartol said he would have to look at the budget and analyze it,
noting that he has taken courses in school finance.
Mr. Trout asked the following question:
QUESTION: Now that we have the new assistant superintendent, do you feel that
his coming on board has helped the superintendent to have more time to handle
education problems and morale?
Mr. Bartol responded that it would be difficult to answer the question
because the new assistant superintendent has been in his school twice since he
has been on board. He said he does not have a morale problem at his school.
The reason he does not have the problem of morale is that he tries to discuss
personal problems with his teachers and help them regardless of the time of day,
evening or weekends.
Mr. Bowers asked the following question:
QUESTION: I would like to elicit your general response to what you consider the
situation to be in the City schools with regard to teacher morale.
Mr. Bartol responded that he is of the opinion that morale can be
improved and it can be improved by listening to the teachers. From the stand-
point of a parent coming in to discuss a matter of concern, he has always found
that the art of an excellent conversationalist is to be a good listener, and if
we have people to listen to these problems and then act accordingly, the
problems could be improved. He said teachers generally have questions or
problems and there seems to be an abundance of paperwork which has a tendency to
create frustration and apprehension.
Mayor Taylor asked the following question:
QUESTION: Do you feel that our educational system in the City of Roanoke has
the flexibility to provide students with the kinds of programs that will help
them to successfully cope with the challenges of today's world?
Mr. Bartol responded that our society is changing. We are moving into
the computer stage and the schools are fairly well equipped for that. More is
going to have to be done with the slow learner and the average child who does
not want to pursue higher education. There is a lot to be done with the special
education child. Another area of concern is vocational education which is
needed by the student who is not going to pursue higher levels of education in
order to make that student a productive citizen who can earn a living upon gra-
duation.
The third and final person to be interviewed was Mr. Edwin R. Feinour, Jr.
337
Mr. Feinour advised that three years ago when he sought a seat on the
School Board, the educational environment of the City'of Roanoke was one in
transition, massive changes had been made, there was poor communication, mis-
trust and a lack of willingness on the part of the School Board to communicate
with Council. He said that throughout the last three years, he, along with
other Board members, have tried to create a different type of atmosphere, an
environment that could continue the progress that has been made. Mr. Feinour
said the environment today is completely different and lines of communication
between Council and the School Board have been opened. He stated that com-
munication with teachers has greatly improved although at times teachers feel
that the Board does not clearly understand their problems; however, he is of the
opinion that the School Board has made a valid attempt to understand the matters
that confront teachers on a daily basis to make teachers know how appreciative
the Board is of their dedicated service.
Mr, Feinour said Roanoke has a very diver~e school system -- an urban
system that is surrounded by a suburban system and very close to what is a rural
school system which make our challenges even greater. Through that diversity,
he stated that he feels the Roanoke system has been able to very positively
serve and create new programs for the handicapped, the special education stu-
dent, the average student and the gifted student.
Mr. Feinour said it is important to continue good communication with
City Council because today, in the future of Roanoke, economic development is
most important, noting that when companies are looking at the City to relocate
they need a good school system to support their decisions.
He said the Governor's School has been living proof that students from
Salem, Franklin County, Bedford County, Roanoke County and the City of Roanoke
can come together and have a fantastic educational experience.
338
In closing, Mr. Feinour said he is of tile opinion that we have come a
long way, tremendous progress has been made, the environment is much more posi-
tive and he would like to be able to work to continue this progress for the
Roanoke City School system.
Mr. Harvey asked the following_question:
QUESTION: In the past three years, do you think that communication between the
School Board and/or the Administration of the school system and the grassroot
person of our school system which is the classroom teacher has improved? If so,
what do you think is the reason, and is there anything in the future that you
may recommend that would further enhance communication?
Mr. Feinour responded that communication has very definitely improved,
but that is not to say that there have not been some rocky times. He referred
to the introduction of a teacher evaluation program, which was a massive step.
There might have been some hesitation on the part of the teachers initially
about the evaluation system, but a lot of the teachers today have realized that
it is not something to be feared, and it is something that enables an excellent
teacher to be recognized as an excellent teacher, and the average teacher to be
identified as someone who would possibly have new ways to improve their teaching
skills. The teachers have had the opportunity to go into various types of
incentive programs such as the mini-grant program where teachers have been given
funds in order to develop their own projects to facilitate their classroom
teaching, they have been given the opportunity to attend conferences which ~ould
also improve the subject matter in their classrooms, and they have been able to
share these ideas with other teachers through the staff development program.
The School Board feels that although the evaluation system was introduced and
there was a lot of hesitancy on the part of teachers in the beginning, the Board
has tried to make sure that the evaluation system has been fair, that the prin-
cipals look at the teachers in evaluating them in a very objective format, and
the Board studies these evaluations to make sure that teachers are not being
hurt by subjective thinking on the part of one principal as opposed to how
another principal might rate a teacher. There is a greater awareness on the
part of the members of the School Board as to what confronts a teacher daily in
their classrooms. Today, in a city where a third of our school children come
from poverty-level homes, and over 45 per cent come from single parent homes,
teachers are confronted with discipline problems and children with emotional
problems. The Board has tried to identify these problems early so that these
children receive the types of programs they need either through alternative edu-
cation or through guidance programs in an effort to facilitate their learning,
but in some sense help the teacher with the other students. The Board has also
tried over the last two years to be a leader in increasing teachers' salaries.
By giving a ten per cent increase two years ago, and an eleven per cent in-
crease, and this year recommending another strong increase, the Board has tried
to show the teachers how much they are appreciated. The present School Board
has been much more willing to meet with teachers in an effort to make it
apparent to them that they can call Board members individually if they have a
specific need. Mr. Feinour said he has met with teachers from the R. P. E. A.
and the R. E. A. to endeavor to understand what their viewpoints are, and that
is a change from what transpired in the past. He.said he is of the opinion that
the Board is trying to make a much greater attempt to understand the problems of
teachers and try to correct them, and in so doing, improve communication between
the Board, the Administration and the teachers.
Mr. Musser asked the followin9 question:
QUESTION: What is your approach to the budget? If cuts are to be made in the
budget, either now or two or three years from now, what will be your priorities?
Mr. Feinour responded that the entire budget process is really a very
tedious procedure. In the fall, the Board encourages various groups, teacher
groups, parent groups, and administrative groups to present to central admin-
istration what their budget priorities will be. Once those budget priorities
are presented to central administration, central administration then comes up
with a plan to incorporate as many of those requests as possible in the overall
plan. It is a difficult situation because when budget time actually begins, the
Board does not have any conception about what it will receive from the state
because the legislature usually is still in session. A plan is formulated after
which central administration presents to the School Board a series of decision
packages. The budget process is very complex and next year the Board is going
to try to come up with a budget in a more simplified manner. Mr. Feinour said
it is a very difficult thing to say what he would cut from the budget. Just
this year the Board had to cut forty positions to balance the budget. When one
looks back on some of the programs that have begun over the last three or five
years, so many of the gifted programs were funded by a reallocation of central
administration expense. The first thing he would look into cutting would be
where in the City school system from personnel costs would we be able to con-
solidate activities or programs. A possibility might be to create new magnet
schools that could save money. Mr. Feinour said instruction is so important for
the children to continue their performance that he would not want to cut pro-
grams. Because our school population is so diverse, if one thing is cut, a cer-
tain portion of the children wil! be effected, and so many things such as
special education is mandated by the state, much of the gifted education is man-
dated by the state, and there are many new programs for prescripted learning for
the average learner. Mr. Feinour said if he were faced with a cut in the
future, he would first determine if there was any possible way to consolidate
services or personnel costs.
Mr. Trout asked the following question:
QUESTION: Since the new assistant superintendent of schools has come on board,
do you think that his input has brought about a better communication or has his
input allowed the superintendent to make certain corrections that we are not
hearing criticisms about?
Mr. Feinour responded that there has been a general trend over the last
few years that the School Board has tried to take the policy setting part of the
school system out of a crisis area. It used to be that anytime, whether it was
a small problem or a large problem, it turned almost into a crisis situation.
The Board has tried to meet problems in a way that they can work on those pro-
blems and get them solved quietly, and to make a positive out of a possible
negative situation. Having the new assistant superintendent join the system was
a tremendous boost to the school system because his experience in inner-City
school problems has enabled the system to have someone in the schools constantly
attempting to correct problems from a discipline standpoint or a morale stand-
point. The Board is attempting to get into the schools to find out what the
problems are and try to correct them positively before they blow up into crisis
situations. The Board tries constantly to tell employees of the school system
that they understand their task and the Board wants to work with them to correct
problem areas. Mr. Feinour said the above remarks are not meant to imply that
everything is perfect, but the system is able to meet objectives in a positive
manner with a planned method.
Mr. Bowers asked the following question:
QUESTION: I would like to elicit your response as to teacher morale. Is it
good, bad, or indifferent? If it is bad, what are we going to do about it?
Mr. Feinour responded that in any profession, there is constantly an
environment of not knowing what is around the corner; that two to three years
ago there were a lot of teachers who felt they did not know what was around the
corner for them. The entire process of observation, evaluation, City-wide stan-
dards rather than individual school standards was all new, and change always
brings about a new item of fear. He said he is of the opinion that we have got-
ten over that hurdle, but that is not to say that there still are some people
who do not have as positive morale as the Board would like to see. The Board
has made a consertive effort to get to the teachers and tell them if they have a
problem, the Board wants to hear what that problem is and the Board will work to
correct it. The Board has held receptions for teachers where they have tried
to say individually to them how much they appreciate what they are doing, that
teachers have been recognized at Board meetings in the presence of their peers,
and teachers are recognized for new and innovative programs they have introduced
into the system. The City has a tremendous amount of dedicated teachers who are
confronted with problems everyday, however, Mr. Feinour said he believes that
teacher morale has improved tremendously and morale will continue to improve.
The Board is constantly working to find ways whereby teachers may be recognized
and help them so that they feel more comfortable in their positions. The amount
of paperwork required of teachers is unbelievable, but each year, the Board has
tried to, take some of the p~perwork away from the teachers through instructional
'~-' al~,, ~r data'proces~ng~d, so that teachers will ~e. ,morq time to teach and
'leSs time with admtn~trat~e duties. -----
339
34O
Mr. Garland asked the following question:
QUESTION: Do you think that the Roanoke Public School system offers adequate
programs for the slow learner and the economically disadvantaged student; and
likewise, do you think that we offer an adequate program for the above average
student; and in your opinion does proper balancing exist?
Mr. Feinour responded that over the last several years the gifted
program, the programs for creative, exceptionally motivated children have gotten
a tremendous amount of publicity. They are extremely outstanding programs, but
they have gotten much publicity whereas the program for the average learner has
not received a great deal of publicity. What is known as prescriptive learning
has been introduced over the past two years for those students who are per-
forming under their ability, noting that this is a procedure whereby, on an
individual school basis, a teacher, supervisor and principal devise a prescrip-
tion for that particular child. This is individualized in a way that the child
can be worked with so that that child will be brought up to the level where he
or she should be performing. This is a procedure that is quite unique for slow
learners in that they are not being pushed aside, they are being worked with on
new and innovative programs. Computerized learning has been introduced into a
lot of classrooms where children were having tremendous difficulty in learning
how to read, and through programs like the writing to read program new concepts
have been introduced to bring the slow learner up to perform at a level where
they should be. The students in the early secondary schools who are not extre-
mely motivated llave been gi:len the opportunity to go into exploratory vocational
programs such as electrical programs and horticultural programs at Addison
Junior High School where they can explore those programs to see if they are
interested in vocational education. Through this method, many seventh and
eighth graders who possibly were considering dropping out of school in ninth
grade because they were not interested in the regular classroom programs are
excited about learning a trade where they can be gainfully employed upon gra-
duation. The special education program is one of the most outstanding programs
in the state. Teachers work with special education students on special programs
in physical education and all phases of handicaps. The program at Virginia
Heights Elementary School for the hearing impaired is nationally recognized. In
all phases, as diverse a school system as exists in the City of Roanoke, the
Board has tried to create new programs where no particular group of students are
left out. While in the past, some people might have said the gifted students
get all the advantages, that is not true presently in that the system has tried
to be as diverse as possible in meeting the challenges of the spectrum of all
children. The Governor's School is an absolutely incredible program and one
that everyone should be extremely proud. Mr. Feinour emphasized that the system
is trying to touch the wide spectrum for education for all children in the City.
Mayor Taylor asked the followin9 question:
QUESTION: In your opinion, is the Roanoke City School system equipping its
students to successfully support themselves in the work world after high school
graduation if they cannot go on to higher education?
Mr. Feinour responded that through the vocational education program the
system is trying to provide new sources of experience for children who are not
interested in going to college and want to get into the work force immediately
after graduation. The system offers tremendous vocational programs in air con-
ditioning, electronics, cosmetology and health related fields. The system is
constantly trying to introduce new programs that will give students, whatever
their academic potential or whatever their potential is in life, new experiences
so that they may, upon graduation, become viable, productive wage earning citi-
zens of the City of Roanoke.
There being no further business, the Mayor declared the public inter-
view of School Board candidates adjourned at 8:40 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
341
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
April 21, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 21, 1986, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor James G. Harvey, II, presiding, pursuant to
Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City
of Roanoke (1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, Eliza-
beth T. Bowles, Robert A. Garland and Vice-Mayor James G. Harvey, II ......... 5.
ABSENT: Council member David A. Bowers and Mayor Noel C. Taylor ..... 2.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant nity Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend John D. Cochran,
Minister of Education and Pastoral Care, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Harvey.
BID OPENINGS:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for 1986
roof replacement at the Roanoke Regional Airport Terminal Building,
said proposals to be received by the City Clerk until 1:30 p.m., on
Monday, April 21, 1986, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about
tile advertisement for bids, and no representative present raising any
question, the Vice-Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER BASE BiD
Blankenship Roofing Company, Inc.
Valley Roofing Corporation
$12,908.00
17,345.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman,
Kit B. Kiser and Robert C. Poole as members of the committee.
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to five
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; a legal matter; a matter of disposition of
publicly held property; a matter of pending litigation; and a personnel
matter.
342
ACTION:
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 7, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey-- 5.
NAYS: None O.
(Council member Bowers and Mayor Taylor were absent.)
SCHOOLS: A communication from Rebecca C. Locke tendering her
resignation as a member of the Jefferson High School Committee, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the co~unication be received and filed. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ............... 5.
NAYS: None O.
(Council member Bowers and Mayor Taylor were absent.)
CITY TREASURER: A communication from Gordon E. Peters, Treasurer,
transmitting the March, 1986, Statement of 1985-86 revenue receipts for
the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ............... 5.
NAYS: None ........... O.
(Council member Bowers and Mayor Taylor were absent.)
CITY MANAGER: A report of qualification of Earl B. Reynolds, Jr.,
as Assistant City Manager of the City of Roanoke, effective April 8,
1986, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .... 5.
NAYS: None .......... O.
(Council member Bowers and Mayor Taylor were absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Shirley G. Morck and Susan B. Williams as members of the Roanoke
Neighborhood Partnership Steering Committee for terms of threu years
each ending November 16, 1988, was before the body.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ............ 5.
NAYS: None .... O.
(Council member Bowers and Mayor Taylor were absent.)
COUNCIL: A communication from Vice-Mayor James G. Harvey, II,
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personne! matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey 5.
NAYS: None ...........
Oe
(Council member Bowers and Mayor Taylor were absent.)
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .......... 5.
NAYS: None ......................
O®
(Council member Bowers and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter regarding the terms and conditions of
a contract under negotiation, pursuant to Section 2.1-344 (a) (6), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter
regarding the terms and conditions of a contract under negotiation,
pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Musser and adopted by the
followin9 vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ...................... 5.
NAYS: None ....... O.
(Council member Bowers and Mayor Taylor were absent.)
343
344
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the disposition of publicly held
property, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the disposition of publicly held property, pursuant to Section 2.1-344
(a) (1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ............... 5.
NAYS: None .......... O.
(Council member Bowers and Mayor Taylor were absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .... ----5.
NAYS: None ........ O.
(Council member Bowers and Mayor Taylor were absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented the fiscal year 1986-87 recom-
mended budget and budget message.
(For full text, see budget and budget message on file in the City
Clerk's Office.)
The City Manager advised that the City Administration budget is
recommended at $67,411,779.00, a dollar increase of $1,784,109.00 and a
percentage increase of 2.72; and the School Administration budget is
recommended at $50,553,018.00, a dollar increase of $2,726,903.00 and a
percentage increase of 5.70, for a total recommended budget of
$11/,964,797.00. He said the City is not cutting back on currently
filled positions nor is he recommending a tax increase. The City's
answer to lower general revenues is to recommend no supplemental budget
items, to continue the reduction of taxes undertaken by Council as a
six year policy in May, 1983, and to provide City personnel with earned
merit increases. Consideration of new programs has been frozen, the
entire $1,784,109.00 or 3.7% increase in anticipated revenues for the
City Administration is recommended for employee pay and related fringe
benefits. He said he is recommending a greater increase in the schools
345
share of new revenue, $2,726,903.00 or 5.7% which fully funds the
School Board budget request. The combination increase in anticipated
revenues is 3.98% as is the budget expenditure increase, thus, the City
keeps its moral and legal commitments. The budget continues the City's
forward progress, we are setting a pace for the rest of Virginia, our
options for the future are still open, we do not operate on a deficit
and we do not have to restore health to our current budget. Mr.
Herbert said the City will be impacted by federal cuts but we are not
being debilitated and our focus continues to be on people needs.
The Director of Finance advised that this is definitely a revenue
driven budget when total General Fund revenue is up only 3.98% compared
to over 9% in the current fiscal year. He said one can only look to
the revenue side and ask why. This year three key elements of revenue
to the General Fund have been reduced: the recommended one cent reduc-
tion in the real estate tax rate, total elimination of Payment in Lieu
of Taxes, and all General Revenue Sharing. These three categories
alone add up to $1.7 million and that equates to nine cents on the real
estate tax rate.
Mr. Schlanger said that local revenues are estimated to be up only
$3 million compared to the $6.1 million that we had to work with last
year.
Real estate taxes, along with the proposed one cent
reduction, in the tax rate -- the estimated revenue
generated from existing property, not new construc-
tion, will actually decrease by $46,000.00 from the
current adopted estimate. Due to a very strong
economic development program and general new con-
struction, the City will collect approximately $1.2
million or five per cent over the current years
estimate.
Personal property tax -- with interest rates
declining, consumers are purchasing new cars, thus,
this category is estimated to increase by approxi-
mately three-fourths of a million dollars; however,
this estimate is based on two year old data. Mr.
Schlanger urged that Council review and possibly
implement a mandatory filing date which would help
administrators to determine the revenues available
in this category and would not affect the taxpayer.
Sales tax -- usually one of the most predictable
categories of revenue to estimate. This has turned
into a "ping-pong ball" effect. In this fiscal
year alone there have been monthly increases as
high as 47% and as low as a -11%. With consumer
debt fluctuating and because of the impact of
Valley View Mall still unable to be measured, this
important revenue tax will be closely monitored.
Utility tax -- with eight months of collection this
fiscal year this revenue source is only 1.7% ahead
of actual collections over last year. The signifi-
cant reduction of price in the oil industry
required competitive costs from other energy sour-
ces such as electricity and gas and this adversely
effects the local utility tax. lhe City's estimate
has been decreased by $115,000.00 over the current
year due to the actual collections and to the
declining energy prices.
Business license tax -- the final reduction in the
dramatic reduction in these taxes becomes effective
on July 1, 1986. The City of Roanoke will conform
or be below the state mandates and Council carried
this action out six years sooner than state law
required.
346
ACTION:
Retail sales category -- we have gone from a tax
rate of 55¢ per $100 to 20F per $100 -- a tax
decrease of over 64%.
Other local taxes also reflect increased consumer
debt load, with the admissions tax leading the
field with a negative 34% over last year. Also,
the effect of lower interest rates adversely
affects the City's investment income.
Permits, fees, licenses, fines and forfeitures show
decreases for the upcoming fiscal year.
Mr. Musser inquired if it would be possible to develop a long
range forecast, three to four years into the future, as to projected
revenues and expenditures.
Mr. Musser moved that the recommended budget be referred to 1986-
87 budget study for consideration by Council. The motion was seconded
by Mr. Garland and adopted.
AIRPORT: The City Manager submitted a written report advising
that Council previously requested information on airport projects that
are anticipated in the next five years, advising that airport projects
approved in the current 1985-86 budget exceeding $5,000.00 are as
follows:
Overlay general aviation ramp
(eligible for $2,771.00 state
funding)
$50,000.00
Replace runway/taxiway directional
signs (Airways Improvement Program
(AIP) 90% funding)
15,000.00
Terminal roof repairs and replacement
(bids on street)
35,O0O.O0
Airfield security fencing - new and
replacement
10,000.00
Old fuel farm removal
45,000.00
Anticipated projects - three ~ear period:
1986-87
Runway 5/23 chain link security fencing
(90% AIP)
60,000.00
Paint airport buildings (#1 - Flight
Service Station, #2 - Piedmont Aviation,
and #3 - American Air Transport)
20,000.00
Roof repairs - Terminal Building
25,000.00
Airfield security fencing - replacement
and repairs
15,000.00
1987-88
Airfield security fencing - replacement
and repairs
15,000.00
Crash/fire/rescue equipment replace-
ment - estimated local share (anticipated
to comply with Federal Aviation Admini-
stration (FAA) certification due to age
of equipment)
35,000.00
347
1988-90
Runway overlay per Master Plan - Local
share currently anticipated
144,000.00
Airfield security fencing - replacement
and repairs
15,000.00
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-CITY MARKET: The City Manager submitted a written
report advising that Downtown Associates, a general partnership, leases
the City Market Building from the City; and the Market Building's pre-
sent operating hours established by Downtown Associates are:
Monday through Thursday and
Saturday ...................... 10:00 a.m.-6:00 p.m.
Friday ........................ 10:00 a.m.-9:00 p.m.
Sunday ........................ 12:00 noon-6:00 p.m.
It was explained that Sections 24-62 and 24-65 of the Roanoke
City Code restrict the operating hours of the City Market Building,
Market Stalls, and Stands to 5:00 a.m. to 6:30 p.m., Monday through
Saturday and requires these public facilities to be closed on Sunday;
that the Virginia Attorney General's recent opinion exempts the City
Market Building from the "Sunday Closing Law" because the building is
publicly owned; that Downtown Associates has requested the City to
amend the City Code to facilitate evening and Sunday operating hours of
the City Market Building; and th~ City Manager supports the request as
being consistent with the City's economic development and downtown
revitalization efforts, particularly those relating to the City Market
a rea.
The City Manager recommended that Council exempt the City Market
Building from operating hours and access restrictions contained in
Sections 24-62 and 24-65 of the City Code.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Attorney advising that a law firm which
represents Downtown Associates has written to the City Manager to
request that the City Code be amended to eliminate certain provisions
which restrict the operating hours of the Market Building to 5:00 a.m.,
to 6:30 p.m., Monday through Saturday and require the building to be
closed on Sunday; and the Virginia Attorney General recently opinied
that Sunday operation of the Market Building was not subject to the
"Sunday Closing Law" because the building is publicly owned, was before
Counci 1.
Mr. Dibling stated that he has prepared a measure which, if
adopted by Council, will exempt the City Market Building from the
operating hour restrictions which apply to other market operations such
as sales from market stalls and stands; and the Ordinance also repeals
a section of the City Code which prohibits any person from entering the
Market Building outside market hours, unless the consent of the City
Manager is obtained.
(For full text, see report on file in the City Clerk's Office.)
Mr, Trout offered the following emergency Ordinance:
348
ACTION:
ACTION:
"AN ORDINANCE to amend and reordain §24-62, Definition, of the
Code of tile City of Roanoke (1979), as amended, and to repeal §24-65,
Entering building outside market hours, of the Code of the City o'
Roanoke to exempt tile City Market Building from restrictions limiting
hours of operations, and providing for an emergency."
Mr. Trout moved the adoption of the Ordinance.
seconded by Mrs. Bowles.
The motion was
Following discussion of the matter,
emergency, was lost by the following vote:
the Ordinance, as an
AYES: Council members Musser, Trout, Bowles, and Garland ....... 4.
NAYS: None .............
Oo
(Council member Bowers and Mayor Taylor were absent and Vice-Mayor
Harvey abstained from voting.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28099) AN ORDINANCE to amend and reordain §24-62, Definition,
of the Code of the City of Roanoke (1979), as amended, and to repeal
§24-65, Entering building outside market hours of the Code of the City
of Roanoke to exempt the City Market Building from restrictions
limiting hours of operations.
'(For full text of Ordinance, see Ordinance Book No. 49, page 550.)
The motion was seconded by Mrs. Bowles and adopted by the follow-
ing vote:
AYES: Council members Musser, Trout, Bowles and Garland
-=4,
NAYS: None ........ O.
(Council member Bowers and Mayor Taylor were absent and Vice-Mayor
Harvey abstained from voting.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Comprehensive
Employment and Training Act (CETA) was officially temninated by the
U. S. Department of Labor on April 30, 1984; that the Consortium closed
all its CETA grants on this date; that the Fifth District Employment
and Training Consortium began administering the Job Training Partner-
ship Act in October, 1983; that annual funding of the Consortium has
gone from a high of $11 million to a new low of $1 million; that the
City of Roanoke is a member of the Consortium, a service delivery area,
serving the Cities of Clifton Forge, Covington, Roanoke and Salem, and
the Counties of Alleghany, Botetourt, Craig and Roanoke; and the City
of Roanoke serves as the fiscal depository for Consortium funding,
therefore, Council appropriates funds received from the U. S. Depart-
ment of Labor and the Governor's Employment and Training Division to
appropriate accounts.
It was further explained that the City of Roanoke could charge the
Consortium for administrative functions identified in the cost alloca-
tion plan, which are associated with the management and operation of
the Consortium's Job Training Program; that the Consortium, in some
previous years of operation, accrued and paid the Central Services Fee
based on the availability of funds; that the City of Roanoke has
received $198,189.00 from the Consortium since 1974 to June 30, 1981,
for Central Services Fees; that Council in June, 1984, appropriated and
contributed to the Consortium, $85,921.00 of accrued Central Services
Fees for fiscal year 1982 and 1983, paid by the U. S. Department of
Labor funds to the Consortium; that CETA funds from the U. S. Depart-
ment of Labor were accrued for the estimated CETA portion of the Cen-
tral Services Fee for fiscal year 1984; and the Central Services Fee
accrued is allocated at $12,658.00 to CETA, based on the Full Cost
Central Services Cost Allocation Plan of the City for fiscal year 1984.
349
The City Manager advised that the Central Services Fee of
$12,658.00 is payable to the City of Roanoke and unless disbursed must
be returned to the U. S. Department of Labor; that an administrative
budget deficit of approximately $24,000.00 is projected by the Consor-
tium for fiscal year 1987; that the Consortium has available for the
City, from the U. S. Department of Labor, $12,658.00 in accrued Central
Services Fees, which could be utilized to help offset the Consortium's
administrative budget deficit; and the Consortium is also attempting
to procure rental office space which is more economical than currently
occupied to further reduce and eliminate the deficit.
The City Manager recommended that Council appropriate $12,658.00
in the General Fund and establish revenue estimates to receive payment
from the Consortium and subsequently return these funds for operation
of the Consortium.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28100) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 548,)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
.'"~: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor harvey ................ 5.
NAYS: None ........... O.
(Council member Bowers and Mayor Taylor were absent.)
I
CITY CODE-BUILDING DEPARTMENT-ELECTRICAL INSPECTOR: The City
Manager submitted a written report advising that existing regulations
under Chapter 7, Section 7 - 69 of the Roanoke City Code, "Electrical
Contractor's Bond" require that every electrical contractor doing busi-
ness in the City shall give a bond payable to the City in the sum of
$1,000.00 with a surety company authorized to do business in the state
as surety, and conditioned to indemnify and save harmless the City, as
well as any other person, from all expense and danger that may be
caused by any negligent, defective or inadequate work done in the City
under any contract that such person may undertake.
It was further explained that Section 7-69 of the City Code is now
inconsistent with Section 7-3, as amended by Council on March 10, 1986,
which now requires electrical contractors doing business in the City to
give a bond payable to the City in the sum of $5,000.00.
The City Manager recommended that Council authorize amendment to
Section 7-69 of the Roanoke City Code, to increase the amount of bond
from $1,000.00 to $5,000.00 for electrical contractors.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28101) AN ORDINANCE amending §7-69, Electrical contractor's
bond, of Chapter 7, Building. Regulations, of the Code of the City of
ol~-6~-~oke (1979), as amended, in order to raise the amount of the bond
required of certain electrical contractors in the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 551.)
ACTION: The motion was seconded by Mr. Musser and adopted by the following
vote:
350
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey 5.
NAYS: None ....
(Council member Bowers and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to purchase of chlorine evaporator equipment.
The Bid Committee recommended that the City award a contract to
Pennwalt Corporation, in the amount of $20,818.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(~28102) AN ORDINANCE accepting the bid of Pennwalt Corporation
for the replacement of damaged chlorination equipment, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 548.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey- 5.
NAYS: None- O.
(Council member Bowers and Mayor Taylor were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28087 rezoning a 1.16 acre parcel of land
located on Peters Creek Road, N. W., designated as Official Tax No.
6490805, from RS-l, Single-Family Residential District, to C-1, Office
and Institutional District, subject to certain proffered conditions,
having previously been before the Council for its first reading on
Monday, April 14, 1986, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the following for
its second reading and final adoption:
(#28087) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 544.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey 5.
NAYS: None ....... O.
(Council member Bowers and Mayor Taylor were absent.)
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 28088 rezoning property located at 2302
Colonial Avenue, S. W., and 2311 Sanford Avenue, S. W., designated as
Official Tax Nos. 1271008 and 1271014, respectively, from C-1, Office
and Institutional District, to C-2, General Commercial District, sub-
ject to certain proffered conditions, having previously been before the
Council for its first reading on Monday, April 14, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#28088) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 545.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey ........... . .... 5.
NAYS: None ........ O.
(Council member Bowers and Mayor Taylor were absent.)
ZONING: Ordinance No. 28089 rezoning a certain tract of land con-
taining 3.16 acres, located on Patrick Road near Orange Avenue, N. E.,
designated as Official Tax No. 7160101, from C-2, General Commercial
District, to LM, Light Manufacturing District, subject to certain prof-
fered conditions, having previously been before the Council for its
first reading on Monday, April 14, 1986, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#28089) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 716, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 545.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey 5.
NAYS: None ........... O.
(Council member Bowers and Mayor Taylor were absent.)
STREETS AND ALLEYS: Ordinance No. 28090 permanently vacating,
discontinuing and closing an alley extending from Franklin Road,
parallel to and between Highland Avenue and Washington Avenue, S. W.,
in an easterly direction for approximately 275 feet and then in a
northerly direction approximately 150 feet to Highland Avenue, having
previously been before the Council for its first reading on Monday,
April 14, 1986, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#28090) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 546.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
351
352
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .......... 5.
NAYS: None .................
(Council member Bowers and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
BUDGET-AIRPORT: The City Manager submitted a written report
advising that the old City rue! farm with thirteen underground tanks
was discontinued from use in July, 1975; that specifications and bid
requests for removal of the fuel farm were publicly advertised and only
one bid was received and specifications were met; and fuel tanks
removed by May 8, 1986, are not required to be reported under the new
Leaking Underground Storage Tank Federal and State regulations.
It was explained that underground storage tanks are under the
control of the Environmental Protection Agency by law and they are
creating and implementing regulations for registration and annual
testing; that the old fuel tanks have been pumped down, however, it is
estimated that there is residue from 25 to 100 gallons in each; that
the approved Master Plan shows the fuel farm area to be in the 750'
building restriction line in Phase II of development (1990-1995); and
indemnification is to be provided by the City to the contractor for
any previous leaks and soil contamination.
The City Manager recommended that Council award a contract to
Austin Electrical Construction, Inc., in a form approved by the City
Attorney, to remove the old airport fuel farm; and approve a transfer
of $30,000.00 from the Airport Five Year Capital Improvement Account
No. A04511092501 and $4,950.00 from the Unidentified Construction
Account No. A044511091608 to an account to be established by the
Director of Finance for removal of the fuel farm.
(For full text, see report on file in the City Clerk's Office,)
Mr. Trout offered the following emergency budget Ordinance:
(#28103) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 549.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .............. 5.
NAYS: None .............
O®
(Council member Bowers and Mayor Taylor were absent.)
Mr. Trout offered the following emergency Ordinance:
(#28104) AN ORDINANCE accepting the bid of Austin Electrical
Construction, Inc., for the removal of certain unused underground
tanks, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requi-
site contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 550.)
Mr. Trout moved the adoption of the Ordinance. The ~tion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland and Vice-
Mayor Harvey .......... 5.
NAYS: None ...................
(Council member Bowers and Mayor Taylor were absent.)
At 2:55 p.m., the Vice-Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor ttarvey presiding, and all members of the Council in atten-
dance, with the exception of Council member Bowers and Mayor Taylor.
ROANOKE ARTS COMMISSION: The Vice-Mayor advised that there is a
vacancy on the Roanoke Arts Commission created by the resignation of
William G. Kuthy for a term ending June 30, 1988, and called for nomi-
nations to fill the vacancy.
Mr. Trout placed in nomination the name of Kemper A. Dobbins.
There being no further nominations, Kemper A. Dobbins was elected
as a member of the Roanoke Arts Commission to fill the unexpired term
of William G. Kuthy, resigned, ending June 30, 1988, by the following
vote:
ACTION: FOR MR. DOBBINS'.---Council members Musser, Trout, Bowles, Garland
and Vice-Mayor Harvey ....... 5.
(Council member Bowers and Mayor Taylor were absent.)
PLANNING: The Vice-Mayor advised that there is a vacancy on the
City Planning Commission created by the resignation of Henry B.
Boynton for a term ending December 31, 1986, and called for nominations
to fill the vacancy.
Mr. Musser placed in nomination the name of Paul C. Buford.
There being no further nominations, Paul C. Buford was elected as
a member of the City Planning Commission to fill the unexpired term of
Henry B. Boynton, resigned, ending December 31~ 1986, by the following
vote:-
ACTION: FOR MR. BUFORD: Council members Musser, Trout, Bowles, Garland
and Vice-Mayor Harvey ....... 5.
(Council member Bowers and Mayor Taylor were absent.)
ACTION:
Mr. Garland moved that the City Attorney be requested to prepare
the proper measure expressing appreciation to Mr. Boynton for his years
of service as a member of the City Planning Commission. The motion was
seconded by Mr. Musser and adopted.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:40 p.m.
ATTEST: ~,~
City Clerk
APPROVED
ce-Mayor
353
354
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 28, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 28, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .Regular
Meeting, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
-~, as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout (arrived at 2:15 p.m.), David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland and Mayor Noel C. Taylor ................. 7.
ABSENT: None .......
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wtlburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Dr. V. Truman Jordahl, Pastor,
En~nanuel Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for instal-
lation of security fencing for Runway 23 at Roanoke Regional Airport,
Woodrum Field, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, April 28, 1986, and to be held, opened and read
befor~)'the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proc6ed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID
Nu-Valley Fence Company
Powers Fence Company, Inc.
$44,496.00
64,700.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Robert C. Poole as members of tile committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a legal matter.
355
m
ACTION:
ACTION:
ACTION:
PLANNING-ANNUAL REPORTS: An annual report of the City Planning
Commission for the calendar year 1985, was before Council.
(For full text, see report on file in tile City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor .................. 6.
NAYS: None ..... O.
(Council member Trout had not arrived.)
PLANNING: A report of qualification of Paul C. Buford, Jr., as a
member of the City Planning Commission to fill the unexpired term of
Henry B. Boynton, resigned, ending December 31, 1986, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None .......... O.
(Council member Trout had not arrived.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter, pursuant to Section 2.1-344 (al (6),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter, pur-
suant to Section 2.1-344 (al (6), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ........ 6.
NAYS: None-- O.
(Council member Trout had not arrived.)
REGULAR AGENDA:
mo
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $70,000.00 received from the
State Department of Education for the purchase of the Governor's School
science laboratory equipment and $11,000.00 received from the Federal
Department of Energy for the purchase of energy conservation equipment,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
356
ACTION:
ACTION:
A report of the Director of Finance advising that he has reviewed
the request for appropriation of funds; that the funds have already
been received, $70,000.00 from the State Department of Education, and
$11,000.00 from the Federal Department of Energy; and reco~mending that
Council concur in the request of the School Board, was also before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28105) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 551.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor .................................... 6.
NAYS: None .......................
(Council member Trout had not arrived.)
At this point, 2:15 p.m., Mr. Trout entered the meeting.
HOUSING: A communication from Mr. Alton L. Knighton, Jr.,
Attorney, representing the Roanoke Redevelopment and Housing Authority,
requesting approval of a plan to assist Richard S. Winstead or a part-
nership of which Mr. Winstead will own a majority interest in the con-
struction of a residential rental complex of 30 units, to be located
in the 1800 block of Denniston Avenue, S. W., by issuance of up to
$1,500,000.00 of revenue bonds or notes, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28106) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of
Richard S. Winstead or a partnership of which Richard S. Winstead will
own a majority interest to the extent required by Section 103(k) of the
Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 552.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................. 7.
NAYS: None .... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that the Foster Care Program, within the budget for the
Social Services Department, provides cost of maintenance (room and
board) for children in custody of the local Department of Social
Services; that the cost of this program is determined in relation to
the legal requirements for providing the necessary social services for
achievement of a permanent home for each child in care; and Foster Care
maintenance funds are 50% reimbursed by the State Department of Social
Services and 50% local funds.
357 '
I
I
ACTION:
It was explained that Foster Care maintenance funds for the 1985-
86 fiscal year were underestimated because of changes which occurred
after the budget was adopted, as follows:
Number of children coming into care increased dur-
ing the first five months, but as of now has level-
ed off again;
Cost of all care has increased;
Legislative changes to divert children from insti-
tutional placement has resulted in more children
with complex needs remaining in local custody and
the cost of care for these children constantly
increases.
It was advised that $76,000.00 in additional funds is needed for
maintenance of children in custody of the local Department of Social
Services.
The City Manager recommended that Council appropriate $76,000.00
for maintenance of children in custody of local Department of Social
Services, as follows:
$38,000.00 transferred to Foster Care, Account No.
A01531450019 from Local Cash Match, Account No.
A01531450099;
Increase revenue estimate from the State Department
of Social Services by $3B,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28107) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 553.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- . ........... 7.
NAYS: None .....
STATE HIGHWAYS-SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City
Manager submitted a written report advising that Route 221 (Brambleton
Avenue) highway project, 0221-080-103, C-503, is the second phase of a
four-lane roadway improvement identified for Roanoke County in the
State's six-year Highway Improvement Program; that phase one, now
completed, extends from Route 419 to Kenmore Avenue; that phase two
begins at Kenmore Avenue and extends to the Roanoke City limits; and
the City/ County Water-Sewer Agreement of August 13, 1979, allowed the
City to retain rights to the utility lines that are the subject of the
proposed agrem~ent.
It was explained that the second phase of the Route 221 (Bramble-
ton Avenue) highway project between Kenmore Avenue and Roanoke City
limits is:
Advertisement of this phase of the project is sche-
duled for May, 1986;
ACTION:
All utilities that require adjustment to meet the
proposed new grades of the highway alignment are
the responsibility of the utility owner to adjust.
The City of Roanoke is the owner of the various
water and sewer lines on Brambleton Avenue and it
is to the City's benefit to simply pay to have the
Virginia Department of Highways and Transportation
contractor make the necessary adjustments as the
new roadwork is accomplished.
Sewer adjustments all take place within the exist-
ing right-of-way on Brambleton Avenue, and, there-
fore, are totally (or 100%) the responsibility of
the City.
Water adjustments are 62.5% within the existing
right-of-way on Brambleton Avenue, and therefore,
62.5% the responsibility of the City. About 37.5%
of the water adjustments are within the new, or
expanded, right-of-way width on Brambleton Avenue,
and, therefore, the responsibility of the State to
relocate them,
Utility agreement requested by the Virginia Depart-
ment of Highways and Transportation is routine and
provides for the adjustment of City water and sani-
tary sewer facilities on this project.
Adjustment of these utilities, as has been designed
by the Virginia Department of Highways and Trans-
portation with subsequent City review and approval,
will be performed by the highway contractor after
bidding and award of a contract by the Virginia
Department of Highways and Transportation.
Cost to the City is 100% of sanitary sewer adjust-
ment costs (estimated to be $6,921.00) and 62.5% of
the water adjustment costs (estimated to be
$17,234.00), the total amount of which is estimated
at $24,155.00 for the City's cost. Similar to
City State Agreements, these costs are estimates
only at this time and the City will have to pay the
actual costs once construction occurs.
The City Manager recommended that he be authorized, in a form
acceptable to the City Attorney, to execute the Route 221 (Brambleton
Avenue) Highway Project (0221-080-103, C-503) Utility Agreement for
water and sanitary sewer adjustments on behalf of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28108) AN ORDINANCE authorizing the appropriate City officials
to enter into an agreement with the Virginia Department of Highways and
Transportation for the relocation and/or adjustment of City water and
sanitary sewer facilities in connection with the Route 221 (Brambleton
Avenue) Highway Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 554.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ .--7.
NAYS: None ........ O.
STATE HIGHWAYS: l'he City Manager submitted a written report
advising that Hershberger Road widening from Cove Road to Williamson
Road has been the City's number one highway construction priority since
March, 1977; that this highest priority rating has led directly to
numerous construction projects resulting in the old two-lane roadway
being widened to a new six-lane facility capable of accommodating pro-
jected traffic demands for the next twenty years; that highway con-
struction priorities, after Hershberger Road, were adopted by Council
in June, 1985, and emphasis at that time was placed on:
Franklin Road, S. W., from Elm Avenue to Third
Street thereby providing improved access into the
downtown area through the three-block bottleneck
area.
Interchange with 1-581 just northwest of Tenth
Street, thereby providing ready access to the
surrounding industrial property, as well as pro-
viding improved interstate access for residential
areas along Tenth Street, N. W.
Peters Creek Road Extension from Melrose Avenue to
Brandon Avenue (Lee Highway), thereby providing a
new and necessary crossing of the Roanoke River
and the railroad, as well as providing new north-
south access for growth areas along Shenandoah
Avenue and Salem Turnpike.
It was explained that the Commission on Transportation in the 21st
Century was established by the Governor of Virginia to review the total
transportation needs throughout the Commonwealth of Virginia for the
next two decades; that the City needs to officially apprise this impor-
tant committee, as well as the Virginia Department of Highways and
Transportation (VDH&T) of the City's longer range highway needs, beyond
those projects listed above; that previously programmed highway con-
struction projects were requested by Council in the mid-19?O's, how-
ever, reduced construction dollars during the late 1970's and early
1980's and the City's interest in Hershberger Road as the number one
highway priority, forced the delay of continuing engineering efforts on
several of these projects; and the previously requested projects
include:
Tenth Street, N. W., from Gilmer Avenue through
Rockland Road to Williamson Road. (Council
Resolution Nos. 21174 and 24108) This project
would provide for improved traffic access along
this important corridor in the northwest, as well
as provide improved access to the new interchange
proposed just north of Tenth Street.
Thirteenth Street - Ninth Street, S. E., from
Orange Avenue to Dale Avenue (and the previous
highway project in this section of the City).
(Council Resolution No. 20934) This project would
vastly improve access to the southeast section of
the City, provide a grade-separated crossing Lick
Run channel and the railroad, as well as provide
alternative access to the Orange Avenue and
Williamson Road route into the downtown area.
Hershber§er Road Extension from Hollins Road to
Orange Avenue (Route 460 East). (Council Resolu-
tion No. 23590) This project is a circumferential
connector (some of which is located in Roanoke
County) which will improve traffic access between
the Airport and Valley View Mall section of Hersh-
berger Road with rapidly growing areas just east of
the City, as well as providing a traffic volume
reliever to the Orange Avenue corridor to 1-581.
359
360
It was noted that new highway construction projects need to be
requested by Council so that the Virginia Department of Highways and
Transportation can program these projects for initial engineering study
efforts; and these potential projects include:
Fifth Street Bridge replacement over the railroad
tracks between Shenandoah Avenue and Salem Avenue.
This project would provide a new bridge with no
weight restrictions and additional roadway capacity
providing access into the downtown area.
First Street Bridge replacement over the railroad
tracks between Henry Street and Salem Avenue. This
project would also provide a new bridge with no
weight restrictions and additional roadway capacity
providing access into the downtown area and the
Henry Street project.
Wonju Street Extension from Colonial Avenue to
Brandon Avenue. This project would provide a logi-
cal extension of Wonju Street, thereby providing
direct access from the Webber Expressway to Brandon
Avenue and providing some minor improvements to
adjacent sections of Colonial Avenue and Brandon
Avenue.
Mr. Herbert advised that Council needs to take formal action by
the end of April, 1986, concerning the City's highway construction
needs in order to appropriately impact the Governor's Commission on
Transportation in the 21st Century and impact the Virginia Department
of Highways and Transportation Pre-Allocation Public Hearing process.
The City Manager recommended that Council request, by resolution,
that the Virginia Department of Highways and Transportation program or
reactivate six highway construction projects including:
Tenth Street, N. W., from Gilmer Avenue to William-
son Road.
Thirteenth Street - Ninth Street, S. E., from
Orange Avenue to Dale Avenue.
Hershberger Road Extension, N. E., from Hollins
Road to Orange Avenue.
Fifth Street Bridge replacement over N & S Rail-
road.
First Street Bridge replacement over N & S Rail-
road.
Wonju Street Extension from Colonial Avenue to
Brandon Avenue.
The City Manager ~lso recommended that he be authorized Go forward
the resolution and other supporting information he deems appropriate to
the Virginia Department of Highways and Transportation as a part of
their Pre-Allocation Hearing process; and to the Governor's Co~nission
on Transportation in the 21st Century as a part of their information
gathering process.
(For full text, see report on file in the City Clerk's Office.)
Mr. l~sser offered the following Resolution:
(#28109) A RESOLUTION requesting the Virginia Department of
Highways and Transportation to program or reactivate six highway
construction projects within the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 49, page 554.)
m
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ 7.
NAYS: None .......... O.
BUDGET-UTILITIES: The City Manager submitted a written report
concurring in a report of the Bid Committee with regard to bids
received on a high velocity-vacuum waste removal unit for Utility Line
Services, recommending that Council accept the lowest bid which meets
all specifications, as submitted by Virginia Public Works Equipment
Company, in the amount of $100,220.58; and that Council appropriate
$100,220.58 from the Internal Service Fund retained earnings to
Operational and Construction Equipment Account No. A06262590015 for the
purchase of the equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28110) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Internal Service Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 555.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ..................................................... O.
Mrs. Bowles offered the following emergency Ordinance:
(#28111) AN ORDINANCE providing for the purchase of a high velo-
city vacuum waste removal unit for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 556.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ......... O.
DIRECTOR OF FINANCE:
PENSIONS: The Director of Finance presented a written report
transmitting the Actuarial Report of the Employees' Retirement System
as of June 30, 1985. Mr. Schlanger noted that the unfunded accrued
liability shows a decline of $841,420.00 after taking into considera-
tion the new retirement system. He said it is interesting to note that
the number of active retirees has risen from 764 as of June 30, 1980,
to 931 as of June 30, 1985, up to 37 from last, revealing that longer
life spans are adding to the retirement roles; that as of June 30,
1985, the report was based on factual information of 1,991 active mem-
bers under age 65 and 11 active members over age 65; that the City is
paying benefits to 91 former city employees over age 80 and 65 depen-
dents/beneficiaries over the age of 80, and of these, 16 are over age
90 with the oldest retiree as of June 30, 1985, being 95 years old.
361
362
ACTION:
ACTION:
ACTION:
ACTION:
It was explained that one of the key elements of determining the
actuarial rate that the City of Roanoke has consistently funded is the
adjusted asset value which is determined under the five year moving
average method; that this method is used ~: reflect good years in the
market as well as bad years; that this is detailed on Page 21 of the
report; and the past six years actuarial rates as calculated by
George B. Buck Consulting Actuaries are as follows:
June 30, 1985
June 30, 1984
June 30, 1983
June 30, 1982
June 30, 1981
June 30, 1980
13.69%
14.85%
14.89%
14.10%
13.29%
13.05%
The Director of Finance advised that as in past years, the City
Council has funded the Roanoke Pension Plan for fiscal year 1986 at the
proper actuarial rate and the City Manager has recommended in his pro-
posed budget full funding at the new actuarial rate; and this con-
tinuous strong support for the Pension System will ensure that our
retirement system wil! always be based on sound financial footings.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
FINANCIAL REPORTS: The Director of Finance submitted a copy of
the financial report of the City of Roanoke for the month of March,
1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and unanimously adopted.
REPORTS OF COMMITTEES:
OFFICE ON YOUTH-ANNUAL REPORTS: Mrs. Carol B. Marchal, Chairman,
Youth Services Citizen Board, appeared before Council and presented the
Annual Report of the Office on Youth/Youth Services Citizen Board.
Mrs. Marchal stated that the focus in the past year has been to work
closely with the Department of Parks and Recreation in an advisory
capacity to better serve the needs of Roanoke City youth; they have
advocated for better education in drug and alcohol abuse, human sexua-
lity, and rights and responsibilities under the law; and, in addition,
they have actively lobbied legislators for adequate funding of Juvenile
Delinquency Prevention Programs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed.
motion was seconded by Mrs. Bowles and unanimously adopted.
The
CELEBRATIONS-STADIUM: A report of the Special Events Committee
requesting a waiver of rental fees for use of Victory Stadium and the
Armory for the Country Livin' Festival on July 30 - August 3, 1986, and
the Old Dominion Barbecue Festival and Contest on June 20 - 21, 1986,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Trout and unanimously adopted.
Mr. Trout inquired about the condition of the stadium and armory
as a result of the November 1985 flood; whereupon, the City Manager
advised that he would investigate the areas in question and respond to
the Council accordingly.
ACTION:
ACTION:
BUDGET-SIDEWALK, CURB AND GUTTER-STREETS AND ALLEYS: Council
member Robert A. Garland, Chairman of the committee appointed by the
Mayor to tabulate bids received for new concrete sidewalks, entrances
curb and gutter, presented a written report on behalf of the committee,
recommending that Council award the contract to H & S Construction Com-
pany, in the amount of $397,118.25, and establish a contingency in the
amount of $20,000.00, for a total not to exceed $417,118.25; that Coun-
cil approve transfer of $41/,118.25 from the 1985 Series of Public
Improvement Bonds Streets and Bridges category, Account No. A08-3101-
72802 to an account to be established by the Director of Finance; and
that the other bid be rejected.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Manager concurring in the recommendation of
the Bid Committee, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28112) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 556.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ 7.
NAYS: None .......... O.
Mr. Garland offered the following emergency Ordinance:
(#28113) AN ORDINANCE accepting the bid of ti & S Construction Co.
for construction of new concrete sidewalks, entrances and curb and
gutter, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requi-
site contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 557.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. ilarvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... -7.
NAYS: None .......... --0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-CITY MARKET: Ordinance No. 28099 exempting the City
Market Building from restrictions limiting hours of operations, having
previously been before the Council for its first reading on Monday,
April 21, 1986, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#28099) AN ORDINANCE to amend and reordain §24-62, Definition,
of the Code of the City of Roanoke (1979), as amended, and to repeal
§24-65, Enterin~ buildin~ outside market hours of the Code of the City
of Roanoke to exempt the City Market Building from restrictions
limiting hours of operations.
(For full text of Ordinance, see Ordinance Book No. 49, page 550.)
363
364
ACTION:
ACTION:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Gar]and and
Mayor Taylor ............. 6.
NAYS: None ...................
O.
(Vice-Mayor Harvey abstained from voting.)
CITY CODE-BUILDING DEPARTMENT-ELECTRICAL INSPECTOR: Ordinance No.
28101 raising the amount of the bond required of certain electrical
contractors in the City from $1,000,00 to $5,000.00, having previously
been before the Council for its first reading on Monday, April 21,
1986, read and adopted on its first reading and laid over, was again
before the body, Mr. Musser offering the following for its second
reading and final adoption:
(#28101) AN ORDINANCE amending §1-69, Electrical contractor's
bond, of Chapter 7, Buildin~ Regulations, of the Code of the City of
Roanoke (1979), as amended, in order to raise the amount of the bond
required of certain electrical contractors in the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 551.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the fo]lowing vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None ..............
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
EMERGENCY MEDICAL SERVICES COMMITTEE: Mr. Hank Pfister, 1214 15th
Street, S. E., appeared before Council and inquired if Council will
review a report of the Emergency Medical Services Committee with
reference to the status of paid emergency medical services personnel;
whereupon, the Mayor advised that as of this date a report and recom-
mendation has not been made by the committee.
PROCLAMATIONS: The Mayor presented a news release advising that
he has proclaimed Thursday, May 1, 1986, as National Day of Prayer in
the City of Roanoke in the hope that persons throughout the City will
participate in its observation by stopping to pray from 12:00 noon to
12:05 p.m., on that date.
(For full text, see news release on file in the City Clerk's Office.)
At 2:45 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City
Attorney orally advised that the former Statesman Park Landfill lies
adjacent to the Roanoke Centre for Industry and Technology off Route
460 in the northeast portion of the City. In 1982, when the City sold
a site to Cooper Industries, which was later developed and employs more
than 500 persons, the City promised Cooper Industries that it would use
its best efforts to obtain the proper closure of the Statesman Park
Landfill. The closure requires that a clay cap be installed over the
former site of the landfil]. There are sites in the Roanoke Centre for
Industry and Technology which could be improved by virtue of removing
the clay problem which would improve the topography. He reported that
the City has been able to work out an arrangement whereby clay will be
removed from one or more sites in the Roanoke Centre for Industry and
Technology, transported to the former site of the landfill and be used
365
to provide the cap, thereby providing for a closure of the Statesman
Park Landfill which is in accordance with a plan approved by the State
Department of Health, the clay also having been approved by the State
Department of Health, and, therefore, accomplishing two things: the
industrial development site in Roanoke Centre for Industry and Tech-
nology will be improved and the City will assist the parties in closing
the Statesman Park Landfill which will benefit the City by improving
the marketability of the City's sites, allowing the City to deliver on
its promise to Cooper Industries and promoting the health, safety and
welfare of the citizens.
Mr. Trout offered the following emergency budget Ordinance:
(#28114) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 557.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................... 7.
NAYS: None ...........
Mr. Trout offered the following Resolution:
(N28115) A RESOLUTION relating to site improvement in Roanoke
Centre for Industry and Technology and closure of the Statesman Park
Landfill.
ACTION:
(For full text of ResoluLion, see Resolution Book No. 49, page 558.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ........ O.
There being no further business, the Mayor declared the meeting
adjourned at 3:25 p.m.
APPROVED
City Clerk
366
SPEC[AL SESSION
ROANOKE CITY COUNCIL
May 5, 1986
9:00 a.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 5, 1986, at 9:00 a.m., pursuant to action
taken by the Council at its regular meeting on Monday, April 7, 1986, and pur-
suant to Section 10, Meetings of Council, of the Roanoke City Charter, with
Mayor Noel C. Taylor p~dsiding.
PRESENT: Council members
Robert A. Garland, James G. Harvey,
Mayor Noel C. Taylor .................
David A. Bowers, Elizabeth T. Bowles,
II, Howard E. Musser, James O. Trout and
ABSENT: None ........ .0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of ~,erica
was led by Mayor Taylor.
The City Clerk read the following communication calling the special
meeting of Council:
"~ay 1, 1986
Honorai~le Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to action taken by the Ro~,luKe City Council at its meeting on
Monday, April 7, ZsJJ, this is to advise you that there will be a spe-
cial h~eting of Council on Monday, May 5, 1986, at 9:00 a.m., in the
Council Chamber, for the purpose of holding m~hlic hearings on the pro-
posed 1986-87 fiscal year budget and nn the real estate tax rate for
fiscal year 1987.
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711
Peakwood Drive, S. W., Roanoke, Virginia 24014
Mr. Frank P. Tota, Superintendent of Schools, P O. Box 13145,
Roanoke, Virginia 24031 '
Mr. Richard L. Kelley, Executive Assistant Superintendent and
Clerk of the Board, P. O. ~ox 13105, Roanoke, Virginia 24031
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. I~ibling, Jr., City Attorney
Mr. Joel H. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk"
Legal advertisement of the public hearings was published in the
morning edition of the Roanoke Times & World-News on Friday, April 25,
1986. ,
(See publisher's affidavit on file in Li~e City Clerk's Office.)
367
The Mayor opened the floor for comments with regard to the public
hearings; whereupon, Mr. Lawrence L. Fenzel, 1719 Grandin Road, S. W.,
appeared before Council and advised that his statement could be a poli-
tically charged situation in view of his candidacy for City Council and
the upcoming election on Tuesday, May 6, 1986, but he would endeavor
not to make it appear that way, noting that he did not come to address
the body as a City Council candidate, but he did come to address
Council as a concerned citizen, as a homeowner, as an investor in the
City and as a taxpayer in the City of Roanoke.
Mr. Fenzel expressed concern over the real estate tax rate, noting
that of the cities in Virginia, Roanoke has the second highest real
estate tax rate in the state and if two suburbs of Washington, D. C.,
and Petersburg are included, Roanoke is the fifth highest city in the
state. He said this is a record the City should not be proud of and is
something that should be corrected for the sake of the taxpayers. He
added that this fiscal year the City will generate $9 million more than
last fiscal year which is approximately a nine per cent increase over
the previous year, and the projected increase for next year is approxi-
mately four and one-half million dollars which is a four per cent
increase; that we are in days of inflation of three - four per cent,
this coming fiscal year we could be in a range of two per cent and we
are looking at a revenue increase in our City approximately double the
rate of inflation.
Mr. Fenzel said promises have been made by some of the Council
members that given a good economic climate in the City, Council would
relieve some of the burden on the homeowner, noting that the City has
experienced economic development, it continues to have economic deve-
lopment, economic develop looks very strong for the future and yet a
public hearing is being held because of a real estate tax increase pro-
posal.
Mr. Fenzel said not a single member of Council addressed the issue
that this budget is predicated on an overall tax increase to the resi-
dential homeowner and the business investor. He stated that the real
estate tax increase was disguised by the proposed one cent cut which is
a continuation toward the $1.25 goal, that had it not been for the man-
date of the legal advertisement in the newspaper, citizens would not be
aware that the budget as proposed calls for an across-the-board
increase in real estate taxes, and the fact that Council never
addressed that issue is not something to be proud of.
Mr. Fenzel said that goal number four of the City is that our
government will be open, accountable, efficient, courteous, sensitive,
equitable and honest to the community and itself. He submitted that
the City has not been open and honest to the community when it has
disguised the fact of a real estate tax increase with a real estate
rate cut of one cent. He admonished Council to correct the situation,
to fulfill the mandate Council is pledged to fulfill in being open and
honest with the community; and that Council take corrective action to
negate the tax increase proposal.
Mr. Fenzel encouraged Council to consider as a maximum tax upon
homeowners, the lowered tax rate of $1.27 instead of the proposed $1.29
which will offset the increase in assessments. He said this action
will reestablish an open and honest flow of communication to the com-
munity that has not been done to this point, it will leave the budget
with a real estate revenue neutral, it will be an encouragement to tax-
payers, it will not be a detriment to the City, and it will be a con-
tinuation toward the goal of $1.25 per $100.00 of assessed value.
The Mayor advised that he would like to afford each member of
Council an opportunity to respond to the remarks of Mr. Fenzel.
Mr. Harvey advised that he takes deep exception to Mr. Fenzel
challenging the honesty of Roanoke City government. He said he is in
the same business as Mr. Fenzel and from time to time he has to
increase his rents, noting that a city or a business cannot be operated'
on a level series of funding, that allowances have to be made for
inflation, employee pay raises, benefits, and continuing services which
are provided in this City, and that requires an increase in the budget
somewhat each year.
368
Mr. Musser advised that Mr. Fenzel's remarks the day before an
election is about as political as they can possibly be and he would
like for the City Manager and Director of Finance to respond to his
statements.
Mr. Trout advised that this is the first time he can recall any
political candidate using a public hearing on the budget as a political
forum. He said the ultimate test of any city is whether or not it ser-
ves its citizens and how well; that today the City of Roanoke has
passed that test and that result is reflected in the proposed budget.
He stated that without the new revenue from the economic development
program, Roanoke's real estate income this year would have been down
$46,000.00 below last year; and the $1.2 million the City is using in
real estate to balance the budget came from new sources generated by
the reputation of Council that it is a fiscally responsible Council.
Mr. Trout stated that the people have faith and confidence in the City
to the extent that Roanoke's building pro~j~am has never reached the
heights of today.
Mr. Bowers advised that it is a tough decision to approve a budget
that provides only a one cent tax decrease for taxpayers; that each
member of Council has advocated tax reduction and the tax rate has
been reduced for personal property, real estate, and utility tax; that
taxes have not been reduced as fast as it was hoped, but Council has
continued to reduce taxes and has proceeded on a balanced nathematical
reduction of all tax rates across-the-board in the City. He said the
proposed 1986-87 budget is responsible, conservative and balanced.
Mrs. Bowles advised that a citizen always has the right to come
before Council to express their views, but the presentation of Mr.
Fenzel was political and it was inappropriate at this time. She said
Mr. Fenzel has not looked completely at the budget; that the real
estate tax is not the only criteria for making a budget; that the City
has had the elimination of payment-in-lieu-of-taxes, the elimination
this year of General Revenue Sharing monies and the City cannot con-
tinue to offer the level of service that the citizens expect if funds
are decreased and the real estate taxes are also cut. She said Mr.
Fenzel should have looked at the total picture and not just one item in
the budget.
Mr. Garland advised that he is proud of the honesty and integrity
of this City and its officials. He said Roanoke has one of the
strongest administrations of any city in this Commonwealth, noting that
this City has been free of any type of corruption or political scandal.
He stated that Mr. Fenzel has not made any effort to say how he would
balance the budget with the money taken out that he has suggested; that
Council has adopted a policy, an orderly process of reducing the real
estate tax rate to $1.25 by 1988, and Council is committed to that
policy, and it will be done in a responsible fashion.
Mayor Taylor advised that he made a recommendation on the ten
cents reduction in the real estate tax rate over a period of five years
in one of his State of the City Reports and it was wholeheartedly
embraced by the members of Council. He said he is proud that this
Council has reduced every major tax category and the work Council has
done and the record it has made speaks for itself. He added that as
long as he has been on Council this is the first time that on the day
before an election this type of presentation was made and he hopes it
will not happen again during the election process.
Mr. R. E. Carlisle, employee in the Roanoke City Police Depart-
ment, appeared before Council in reference to a report of Cresap,
McCormick and Paget, which was submitted to Council last year con-
cerning salaries of City employees. He said the study found that
police officers were as much as 33% behind comparative cities in their
salary structure; that in implementing the new. pay plan, city admi-
nistrators chose to give significant pay increases to new employees and
smaller increases to existing employees, which resulted in all city
police officers being placed in the first quartile of the new pay plan;
and the consultants designed the first quartile as the pay range for
new employees with limited experience in their position, yet, police
officers with as much as thirty plus years of experience were placed
under this definition.
369
Mr. Carlisle said that over the past year the cost-of-living fac-
tor increased 3.8%, which means that a significant amount of the police
officers' salary has dropped in his buying power; that in the past
Council granted cost-of-living increases to maintain employee buying
power from year to year; and if the employee performed satisfactorily
over the year and had not reached the top of the pay scale, Council
also provided a merit increase. He said as the City enters the second
year of the new pay plan it has been discovered that City administra-
tors have placed a cost-of°living factor at the top of the pay scale
meaning that only those city employees at the top of the pay scale will
realize the cost-of-living increase; that since police officers are on
the lower end of the pay scale, they are being considered only for a 5%
merit increase and if one subtracts the cost-of-living factor, their
net gain would amount to 1.2%, and if they were allowed to continue
under present conditions it would take 25 years for the police officer
to reach the top of the pay scale; therefore, the majority of police
officers will never realize their true worth to the City. He added
that when the new pay plan was submitted by the consultants it was not
long before City administrators realized that ful! implementation would
be costly to the city, and, as a result, the City has a watered down
version of the pay plan in which little will get done to improve the
position of police officers. Mr. Carlisle stated that this situation
is being aggravated by Council's insistence on cutting the real estate
tax rate even though the City is facing loss of revenue from federal
sources, and also in view of the fact that most citizens are comfor-
table with the current tax rate.
Mr. Carlisle asked at whose expense are taxes being cut -- at the
expense of the employee -- therefore, he requested that Council recon-
sider the manner in which the pay plan is being implemented and asked
that a plan be devised that would accelerate long-term City employees
out of the bottom of the pay scale and place them to the mid point of
the pay scale.
With regard to the advertisement which appeared in the newspaper
on April 25, 1986, on the real estate tax rate, the City Manager
advised that the ad is a requirement under the Commonwealth of Virginia
in terms of annual budgeting.
Mr. Herbert said there are two key words one must keep in mind:
real estate tax levy and real estate tax receipts; that the Director of
Finance is charged with certifying the amount of revenues that will be
available to the City and ultimately what will be received as a result
of the tax rate.
The City Manager advised that if all new construction were exclud-
ed and all categories which one is allowed to exclude under this taxing
program, the City would produce in fiscal year 1986-87 $46,000.00 less
in receipts than it received in the current year. He said the economic
development areas in which the City has been working are a lifesaver
,. and Were it n~t for'the new programs that are coming on line it would
· . ~.> be a difficult.yeam without revenues to offset' ~he~decrease. ~e said
it is important to look at all sources of revenue when cbmpar'ing the
City of Roanoke against other chief competitive cities.
The Director of Finance advised that the City can only appropriate
what it has in hand; and there is a tremendous difference between the
word levy and what the City actually receives. He said that Council
has chosen over the years to freeze in tax exempt value $32 million on
elderly tax freezes, $2.2 million worth of property for disabled, $7.5
million on agricultural use, and $2.5 million on the rehabilitation of
buildings, for a total of $44 million out of the $1.8 billion the City
currently has as a projected landbank value as of July 1, 1986.
Mr. Schlanger said if one has followed Congress Tax Bill No. 3838,
which is the new Tax Reform Act, it is reasonable to assume that an
injustice is being done by reducing rpal estate taxes to citizens
because it appears that the real estate tax will be about the only
local tax that will be allowed to continue under the internal revenue
service for deductions. He said the IRS is talking about eliminating
all state taxes, sales taxes, personal property taxes and just about
every other tax that citizens across the United States have been
allowed to deduct.
370
Mr. Schlanger said the personal property tax rate that the Council
has chosen to reduce places the City of Roanoke on the printed Tax
Register distributed by the Department of Taxation as 20th out of 41
cities in the Commonwealth. He said all local taxes have to be com-
pared when one compares which city is doing what for whom. He stated
that the administration has presented a budget that it hopes carries
out the policies of Council; that the future is dim because the federal
government has chosen to take its deficit problems out on state and
local governments; that if the federal government had not decided to
take its problems out on local government, Council would have actually
reduced the tax rate by nine cents this year because the City has been
forced to take General Revenue Sharing out of its budget, and the admi-
nistration also followed Council's policy by taking out the final pay-
ment-in-lieu-of-taxes, and if the three reductions were equated, the
City would have actually taken nine cents off the real estate tax rate.
Mrs. Velma Seif, 2231 Grandin Road, S. W., appeared before Council
and advised that it is appropriate for Council to hold its public
hearing on the budget on Student Government Day (students from William
Fleming High School and Patrick Henry High School were assigned to work
with Council members and certain city officials to observe local
government in action on Monday, May 5, 1986); that the young persons in
attendance represent 15,000 students in the Roanoke City Public School
system and many at some future date will sit in the leadership posi-
tions now held by Council. Mrs. Seif encouraged Council to fully fund
the school budget so that the students will see how the City is
directed and that it is interested in the welfare of the schools.
Mr. Donald F. Richardson, 2206 Maiden Lane, S. W., appeared before
Council in reference to the school budget. He suggested that Council
determine from the citizens of the City of Roanoke if they would be
willing to vote for an increase to provide more funds for the schools.
Mr. Edward R. Taylor, Jr., 2158 Woodland Road, S. E., appeared
before Council and recommended that a full-time guidance counselor be
assigned to Highland Park Elementary School. He said 41% of the
children attending Highland Park School come from single parent homes,
and 39% of the parents have a high school education or better. He
added that many of the parents do not know how to assist their children
and the teachers do not have the time to work with them individually.
He asked that the position be included in the 1986-87 fiscal year
budget.
No other persons wishing to address the Council, and there being
no further business, the Mayor declared the special meeting adjourned
at 10:15 a.m.
APPROVED
City Clerk
Mayor
371
REGULAR WEEKLY SESSION
..... ROANOKE CITY COUNCIL
May 5, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 5, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended
·
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, ii, Howard E. Musser and Mayor
Noel C. Taylor- 7.
ABSENT: None ...............
-0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend William E.
Olewiler, Pastor, Highland Park United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
COUNCIL: Mr. Trout moved that Council convene in Executive
Session to discuss a personnel matter concerning the appointment of
public officers, pursuant to Section 2.1-344 (a) (1), Code of Virginia,
1950, as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ................... O.
At 2:10 p.m., the Mayor declared the meeting in recess.
At 2:17 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
SCHOOLS: The Mayor advised that effective July 1, 1986, there
will be two vacancies on the Roanoke City School Board for terms of
three years each ending June 30, 1989, and called for nominations to
fill the vacancies.
Mrs. Bowles placed in nomination the name of Mr. Edwin R. Feinour,
Jr.
Mr. Musser placed in nomination the name of Mr. Donald Bartol.
There being no further nominations, ~ssrs. Feinour and Bartol
were reelected and elected, respectively, as members of the Roanoke
City School Board for terms of three years each commencing July 1,
1986, and ending June 30, 1989, by the following vote:
ACTION: FOR MESSRS. FEINOUR AND BARTOL: Council members Trout, Bowers,
Bowles, Garland, Harvey, Musser and Mayor Taylor ........... 7.
Mr. Trout presented petitions signed by approximately 650 citizens
which were sent to him suggesting that he support the appointment of
Mr. Donald Bartol to the School Board. He said that the petitions
should be placed with the official records of the City and asked that
the Mayor forward the appropriate letter to Mr. Roy R. Lee expressing
Council's appreciation for his efforts in circulating the petitions.
372
COUNCIL: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared
before Council and advised that he has lived in the City and the County
for approximately 31 years. He said this City Council sets aside poli-
tics and works together hand in hand for the betterment and improvement
of the City. He added that this has never happened before in Roanoke
and expressed gratitude and friendship to the members of Council.
SCHOOLS-COUNCIL: The Mayor advised that Monday, May 5, 1986, is
being observed as Student Government Day in the City of Roanoke and
noted that throughout the day students from William FlemJn9 High School
and Patrick Henry High School have been accompanying Council members
and certain City officials in an effort to learn how their City
Government is carried out. He welcomed the students to the Council
meeting and, on behalf of the City of Roanoke, presented each of them
with a City of Roanoke tile containing a replica of the iris which is
the official City flower.
The followin9 students participated in 1986 Student Government
Day:
Ben Barnett
Mike Blackwell
Becky Dalton
John Draper
David Hankins
Meredith Hoffman
Lori Johnson
Mike Miller
Tracey Parker
Michelle Ramey
Tony Richardson
Brent Stevens
Carolyn Tiller
Stephen Waskey
Damon Williams
Mi chel le Bishop
Dwayne Bulls
Barry Dickerson
Grace Edmunds
Kris Hedrick
Tonya Hughs
Shannon Lacy
Jeff Noce
Amy Powel 1
Danny Reed
David Sloan
Tracy Taborn
Tim Vaughan
Mike Weddle
Ramon Wi 11 i ams
Tom Wi nn
Miss Tracey K. Parker, Chairman, Youth Advisory Committee and a
member of the Youth Services Citizen Board, appeared before Council
and, on behalf of all the students, expressed appreciation for the
opportunity to participate in Student Government Day. On behalf of the
senior members of the Youth Advisory Committee, Miss Parker presented
Ms. Marion V. Howard, Youth Planner, with a plaque in appreciation of
her dedication to the youth of the City of Roanoke.
Mayor Taylor advised that something of a first is bein9 added to
Student Government Day this year. He said the Youth Services Citizen
Board and the Office on Youth jointly requested that a special award be
made available this year to a young person under the age of 18 in
recognition of scholastic achievement, academic and civic involvement;
whereupon, the Mayor advised that he was pleased to present a Key to
the City to Miss Tracey K. Parker in recognition of outstanding contri-
butions to her City, her School, the Youth Services Citizen Board, and
the Youth Advisory Committee.
BID OPENINGS:
BRIDGES: Pursuant to notice of advertisement for bids for deck
rehabilitation of the Main Street Bridge (Wasena), said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, May 5, 1986, and
to be held, opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard, the Mayor asked
if anyone had any questions about the advertisement for bids, and no
representative present raisin9 any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
373
BIDDER BASE BID
ACTION:
Lanford Brothers Company, Inc.
C & R Safety Contractors, Inc.
Allegheny Construction Company, Inc.
$339,952.00
468,645.00
552,970.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 14, 1986, and the special meeting held on Thursday,
April 17, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......... . .....O.
DIRECTOR OF FINANCE-BUDGET: A report of the Director of Finance
transmitting statistics related to the Billings and Collections opera-
tions for January - March, 1986, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--- -7.
NAYS: None ...................
PENDING LIST: A list of items pending from July 10, 1978, through
March 24, lg86, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1o344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
374
ACTION:
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................... 7.
NAYS: None
REGULAR AGENDA:
ACTION:
HEARING OF CiTiZENS UPON PUBLIC MATTERS:
EMERGENCY SERVICES: Mr. B. L. Young, P. O. Box 13185, Roanoke,
Virginia, appeared before Council and advised that last year he suf-
fered a complete cardiac arrest and within three minutes of the time
the call was made to the city dispatcher, representatives of the Hunton
Life Saving and First Aid Crew responded with a paid cardiac tech-
nician. He said he is of the opinion that cardiac technicians should
be made full-time city employees with all city benefits and they should
not be kept waiting and wondering what their status will be while
Council is in the process of studying the matter. He expressed concern
that the cardiac technicians will seek employment elsewhere.
Mr. David B. Pope, Route 1, Box 457, Fincastle, Virginia, a
Roanoke City paid paramedic and appointed spokesman for the Roanoke
City paid paramedics and cardiac technicians, appeared before Council
and advised that sixteen months ago they were hired by the City of
Roanoke as extra help to bring uniform advanced life support to all
citizens of the City within a time limit of six minutes; that sta-
tistics prove this goal has been more than accomplished; that they were
informed during a meeting in December, 1984, that they would be working
for a period of one year on a trial basis; that at the end of that
year, statistics would be compiled and decisions would be made in
reference to the future of the program; and they were further told that
on January 1, 1986, they would either be brought on board the Roanoke
City payroll as full-time employees with benefits or they would be
without jobs, depending on how they performed in the field.
Like other city employees, Mr. Pope stated the paramedics have the
need for monetary commitment and benefits that accompany full-time sta-
tus with the City of Roanoke; and without a firm commitment from the
City, they feel the quality of patient care in the pre-hospital setting
will be on a steady decline due to the highly trained and qualified
paramedics and cardiac technicians being forced to seek gainful employ-
ment elsewhere. He asked that they receive equality with other city
employees with comparable positions.
Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., appeared before
Council and inquired as to why the City does not include funds in the
budget to cover purchase and maintenance of equipment for the rescue
squads rather than have the squads depend on volunteer contributions.
The City Manager advised that the Emergency Medical Services
Con~nittee will present its report to Council on Monday, May 12, 1986.
He stated that the Mayor has expressed the opinion that the facts have
to be present before'an intelligent decision can be made, and he is in
total agreement with the Mayor's position; and the City will move as
responsibly and quickly as possible when the information is received.
He said the individuals involved deserve an answer, but the matter
should be addressed in a business like manner based on factual infor-
mation.
Mr. Garland moved that the remarks of Mr. Young and Mr. Pope be
received and filed and taken under consideration by Council. The
motion was seconded by Mr. Harvey and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
I
ACTION:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EQUIPMENT: The City Manager submitted a written report
advising that the Citizen's Request for Service Office has the need for
a microcomputer to automate procedures employed in the City's Weed Con-
troi Program; that a microcomputer to address the need is available
under a current Commonwealth of Virginia contract; and the equipment
requested will not exceed the cost of $10,000.00.
The City Manager recommended that Council appropriate $5,375.00 to
Citizen's Request for Service Account No. A01121390005, to provide for
the purchase of one microcomputer and related equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28116) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 559.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 7.
NAYS: None ............
O®
At 3:15 p.m., the Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
BUSES-CITY PROPERTY: The City Manager submitted a written report
transmitting a report from Valley Metro advising that the transit
operations facility at 12th Street and Campbell Avenue, has been leased
from the City of Roanoke since March 23, 1975; and the current lease,
which expired on March 22, 1986, has the following stipulations:
Term of three years from March 23, 1983 through
March 22, 1986.
Lease rate of $3,000.00 per month.
City of Roanoke to provide property loss insurance.
A new lease is needed for the period beginning March 23, 1986.
It was explained that the Board of Directors of Greater Roanoke
Transit Company at its meeting on April 28, 1986, concurred in
authorizing the General Manager to execute a lease agreement with the
City of Roanoke for the transit facility at 12th Street and Campbell
Avenue, with the following stipulations:
Lease rate of $3,000.00 per month for the period
March 23, 1986 through June 30, 1987.
Lease rate of $100.00 per month for the period
July 1, 1987 through March 22, 1989.
Lease term of three years, terminable prior to the
expiration date upon sixty days written notice by
either party.
375
376
ACTION:
ACTION:
ACTION:
City of Roanoke to provide property loss insurance
through June 30, 1987. GRTC to provide property
loss insurance for the remainder of the lease term
and liability insurance for the entire term of the
lease. Both parties are to be listed as named
insureds on these policies. Insurance coverages
are to be at appropriate levels as determined by
the administration.
The City Manager recommended that Council concur in the proposed
lease agreement.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28117) AN ORDINANCE authorizing the leasing of certain City pro-
perty at 12th Street and Campbell Avenue, S. E., to the Greater Roanoke
Transit Company upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 577.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......................
.0.
UTILITIES-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that Council
accept the lowest bid meeting specifications as submitted by JFC Equip-
ment Company, in the amount of $18,507.58, for a utility loader; and
that Council appropriate $18,507.58 from the Internal Service Fund
Retained Earnings to Operational and Construction Equipment Account No.
A06262590015 for purchase of the equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28118) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Internal Service Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 560.)
Mr. Garland moved the adoption of the Ordinance, The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None .............
O.
Mr. Garland offered the following emergency Ordinance:
(#28119) AN ORDINANCE providing for the purchase of a utility
loader for use by the City, upon certain terms and conditions, by
accepting a bid made to the City for furnishing and delivering such
equipment; rejecting other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 560.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ......... O.
ACTION:
ACTION:
REPORTS OF COMMITTEES:
EASEMENTS-INDUSTRIES: Council member Elizabeth T. Bowles, Chair-
man of the Water Resources Committee, presented a written report on
behalf of the committee, advising that an easement fifty feet wide
extends across the full width of the northerly end of the Cooper
Industries property; that the original plat contained a note stating
that the easement would be abandoned after the adjacent (Goss) pro-
perty was acquired by the City; that Cooper Industries desires to add a
structure northwest of their main plant building which would encroach
upon the easement as it is presently located; that the encroachment
prevents them from obtaining a building permit; and the City Adminis-
tration desires to vacate and remove the easement from its present
location, as was originally proposed, but delay relocation of it until
plans are available for the remainder of the industrial center.
The Water Resources Committee recommended that Council authorize
the vacation of an easement fifty feet wide and approximately 1,186
feet long across the northerly end of the Cooper Industries property,
Official Tax No. 7210103.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28120) AN ORDINANCE authorizing execution and recordation of an
instrument vacating a public utility easement across certain property
owned by the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 578.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......
O®
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland, Chair-
man of a committee appointeo by the Mayor to tabulate bids received for
window replacements and storm window installation at Carvins Cove
Filter Plant, presented a written report on behalf of the committee
recommending that Council authorize the City Manager to enter into a
contractural agreement with Construction Services of Roanoke, Inc., in
the amount of $17,200.00 and 45 consecutive calendar days construction
time; that the Director of Finance be authorized to transfer the sum of
$10,000.00 from Account No. A02511097801 to project Account No.
A02511097901, establishing a project amount of $19,000.00; and that the
other bid be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28121) AN ORDIitANCE to amend and reordain certain sections of
the 1985-86 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 561.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............ -7.
NAYS: None ....... -0.
Mr. Garland offered the following emergency Ordinance:
377
378
ACTION:
ACTION:
ACTION:
(#28122) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc. for window and storm window installations at the
Carvins Cove Filter Plant, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting al) other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 561.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None- -0.
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of
the co~nittee appointed by the Mayor to tabulate bids received for
Falling Creek generator replacement at the Falling Creek Filter Plant,
presented a written report on behalf of the committee recommending that
the City Manager be authorized to enter into a contractural agreement
with Davis H. El)iott Co., Inc., in the amount of $19,689.00 and 180
consecutive calendar days construction time, tile contract to cover the
furnishing and installation of the Falling Creek Fi)ret Plant emergency
generator and automatic transfer switch; that Council establish a con-
tingency amount of $2,311.00 for a total project amount of $22,000.00
in Account No. A0251109760l; and reject the other bid.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28123) AN ORDINANCE accepting the bid of Davis H. Elliot Co.,
Inc., for providing and installing an emergency generator and automatic
transfer switch at the Falling Creek Filter Plant, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 562.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None ....... O.
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of
the committee appointed by the Mayor to tabulate bids received for
exterior painting of the Carvins Cove Filter Plant and the Low Lift
Pump Station, presented a written report on behalf of the committee
recommending that the bids be rejected, and the administration be
directed to readvertise the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28124) A RESOLUTION rejecting all bids for exterior painting of
the Carvins Cove Filter Plant and the Low Lift Pump Station.
(For full text of Resolution, see Resolution Book No. 49, page 563.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 1.
NAYS: None ........... O.
379
AIRPORT: Council member Robert A. Garland, Chairman of the com-
mittee appointed by the Mayor to tabulate bids received for 1986 roof
replacement at the Roanoke Regional Airport Terminal Building, pre-
sented a written report on behalf of the committee recommending that
the City Manager be authorized to enter into a contractural agreement
with Blankenship Roofing Company, Inc., for the 1986 Roof Replacement
of Levels F and N at the airport terminal building, for the sum of
$12,908.00 and 14 working days; that Council establish a project con-
tingency of $1,092.00, for a total project amount of $14,000.00; and
that the other bid be rejected.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28125) AN ORDINANCE accepting the bid of Blankenship Roofing
Co., Inc., for roof replacement at the Roanoke Regional Airport
Terminal Building, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 563.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None-
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-PLANNING: Mr. Musser offered the follow-
ing Resolution recognizing the meritorious service of Henry B. Boynton
as a member of the City's Planning Commission:
ACTION:
(#28126) A RESOLUTION recognizing the meritorious service of
Henry B. Boynton as a member of the City's Planning Commission.
(For full text of Resolution, see Resolution Book No. 49, page 564.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... .---7.
NAYS: None .......
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:50 p.m.
APPROVED
ATTEST: 2i~l.,~l~..~
City Clerk
380
SPECIAL SESSION
ROANOKE CITY COUNCIL
May 12, 1986
10:00 a.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 12, 1986, at 10:00 a.m., pursuant to
action taken by the Council at its regular meeting on Monday, March 3, 1986, and
pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, with
Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ....... 7.
ABSENT: None- O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Diblin9, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the F1 ag of the United States of America
was led by Mayor Taylor.
The City Clerk read the following communication calling the special
meeting of Council:
"May 9, 1986
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowl es and Gentlemen:
Pursuant to action taken by the Roanoke City Council at its meeting on
Monday, March 3, 1986, this is to advise you that there will be a spe-
cial meeting of Council on Monday, May 12, 1986, at 10:00 a.m., in the
Council Chamber, for the purpose of adopting the 1986-87 fiscal year
budget.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor
Mayor
cc: Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711
Peakwood Drive, S. W., Roanoke, Virginia 24014
Mr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145,
Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive Assistant Superintendent and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F..PArker, City Clerk"
COUNCIL: An oral request of Council membe~.~ow~rd E. Musser .that
Council meet in Executive Session to discuss a personnel matter, pur-
suant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended,
was before the body.
ACT[ON:
ACTION:
ACTION:
ACTION:
Mr. Musser moved that Council concur in his request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- 7.
NAYS: None ............
At 10:10 a.m., the Mayor declared the meeting in recess.
At 10:40 a.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
BUDGET: A certificate of the Director of Finance advising that
funds required for the 1986-87 General Fund, Water Fund, Sewage Treat-
ment Fund, Municipal Airport Fund, Roanoke Civic Center Fund, and
Internal Service Fund budgets will be available for appropriation, was
before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Harvey moved that the certificate be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
BUDGET-SCHOOLS: Mr. Trout offered the following emergency Ordi-
nance adopting the annual General Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1986, and ending June 30,
1987, in the amount of $117,964,797.00:
(#28127) AN ORDINANCE adopting the annual General Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1986,
and ending June 30, 1987; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 564.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..........................
NAYS: None .................
BUDGET-WATER DEPARTMENT: Mr. Trout offered the following emergen-
cy Ordinance adopting the annual Water Fund Appropriation of the City
of Roanoke for the fiscal year beginning July 1, 1986, and ending
June 30, 1987, in the amount of $4,596,663.00:
(#28128) AN ORDINANCE adopting the annual Water Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1986,
and ending June 30, 1987; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 567.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............. 7.
NAYS: None ..................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Harvey offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1,
1986, and ending dune 30, 1987, in the amount of $7,348,574.00:
381
382
ACTION:
ACTION:
ACTION:
ACTION:
(#28129) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1986, and ending June 30, 1987; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 568.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ....... O.
BUDGET-AIRPORT: Mr. Musser offered the following emergency Ordi-
nance adopting the annual Airport Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1986, and ending June 30,
1987, in the amount of $2,434,218.00:
(#28130) AN ORDINANCE adopting the annual Airport Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1986,
and ending June 30, 1987; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 569.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........
BUDGET-CIVIC CENTER: Mr. Bowers offered the following emergency
Ordinance adopting the annual Civic Center Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1986, and ending
June 30, 1987, in the amount of $1,793,340.00:
(#28131) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1986, and ending June 30, 1987; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 570.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... 7.
NAYS: None .......
BUDGET: Mrs. Bowles offered the following emergency Ordinance
adopting the annual Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1986, and ending June 30,
1987, in the amount of $6,271,428.00:
(#28132) AN ORDINANCE adopting the annual Internal ServiLe Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1986, and ending June 30, 1987; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 571.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... -7.
NAYS: None .............. O.
BUDGET-PAY PLAN-CITY EMPLOYEES: Mr. Trout offered the following
emergency Ordinance adopting and establishing a new Pay Plan for offi-
cers and employees of the City, effective July 1, 1986; authorizing
annual salary increments for certain officers and employees for use of
private motor vehicles; and repealing Ordinance No. 2?570, adopted on
May 12, 1985:
383
ACTION:
(#28133) AN ORDINANCE to adopt and establish a new Pay Plan for
officers and employees of the City effective July 1, 1986; providing
for merit increases; authorizing annual salary increments for certain
officers and employees for use of private motor vehicles; and providing
for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 572.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................ 7.
NAYS: None ..........
BUDGET-COUNCIL-PAY PLAN: Mr. Bowers offered the following
emergency Ordinance establishing the following annual sa)aries of the
Mayor, Vice-Mayor and Counci) members for the fiscal year beginning
July 1, 1986:
ACTION:
ACTION:
Mayor - $14,700. O0
Vi ce-Mayor - 11,550. O0
Council Members - 10,500.00
(#28134) AN ORDINANCE establishing the annual salaries of the
Mayor, Vice-Mayor and Council Members for tile fiscal year beginning
July 1, 1986; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 574.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers,
Trout and Mayor Taylor-
NAYS: None ........
Bowles, Garland, Harvey, Musser,
7.
-0.
CITY EMPLOYEES-COUNCIL-PENSIONS: Mr. Trout offered the following
emergency Ordinance authorizing participation by members of City
Council in the Employees' Supplemental Retirement System of the City of
Roanoke Pension Plan on and after July 1, 1986:
(#28135) AN ORDINANCE amending and reordaining the definition of
"Employee" set out in §22.1-2, Definitions, Code of the City of Roanoke
'.(197g), as amended; ..amending and reordaining §22.1-3, Membership 9en-
era_~, by t.t~e ~'addition of a new subsection .(el and redesignating
cuPrent subseCtion ~e) as subsection (fl; the ~a~en~ed ~nd, added ~rovi-
sions authorizing participation by members of City Council :L~h' the'
Employeus' Supplemental Retirement System of the City of Roanoke Pen-
sion Plan on and after July 1, 1986; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 575.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ....... -0.
384
BUDGET-PAY PLAN-CiTY MANAGER-CITY ATTORNEY-DIRECTOR OF FINANCE-
MUNICIPAL AUDITOR-CiTY CLERK-CITY EMPLOYEES: Mr. Musser offered the
following emergency Ordinance establishing annual salaries for the City
Manager, City Attorney, Director of Finance, Municipal Auditor and City
Clerk for the fiscal year beginning July 1, 1986, as follows:
City Manager - $70,000.00
City Attorney - 63,525.00
Director of Finance - 63,525.00
Municipal Auditor - 44,415.00
City Clerk - 38,850.00
(#28136) AN ORDINANCE establishing annual salaries for the City
Manager, City Attorney, Director of Finance, Municipal Auditor and City
Clerk for tile fiscal year beginning July 1, 1986; providing for disabi-
lity insurance for certain of the Council-appointed officers; and pro-
viding for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 576.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... 7.
NAYS: None ..............
O®
BUDGET-REGISTRAR-ELECTIONS:
emergency Ordinance establishing
Elections, as follows:
Mr. Garland offered the following
the compensation of Officers of
Chief Officers - $95.00
Officers - 60.00
(#28137) AN ORDINANCE establishing the compensation of Officers
of Elections; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 577.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None- O.
There being no further business, the Mayor declared the special
meeting adjourned at 10:50 a.m.
APPROVED
ATTEST:
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 12, 1986
385
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 12, 1986, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor James G. Harvey, II, presiding, pursuant to
Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City
of Roanoke (1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Vice-Mayor James G.
Harvey, II 6.
ABSENT: Mayor Noel C. Taylor ...............
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend William Harts-
field, Pastor, East End Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Harvey.
PUBLIC HEARINGS:
ZONING: Council having previously continued a public hearing
until Monday, May 12, 1986, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of Hayes, Seay, Mattern and
Mattern, that two contiguous tracts of land on the north side of
Allison Avenue near its intersection with Franklin Road, described as
Lots 16 and 17, Section 6, Exchange Building and Investment Company,
and designated, respectively, as Official Tax Nos. 1030214 and 1030215,
each containing approximately 0.149 acres, be rezoned from RG-2,
General Residential District, to C-l, Office and Institutional
District, subject to certain proffered conditions, the matter was again
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Saturday,
April 26, 1986, and Friday, May 2, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that staff
recommended that 45 feet of Lot 17, Official Tax No 1030215, be rezoned
to C-1 and that the remaining portion of Lot 17 and all of Lot 16,
Official Tax No. 1030214 remain zoned RG-2, and Lot 16, closest to the
residences on Allison Avenue could only be used for residential deve-
lopment of a parking lot, was before Council.
It was noted that the Planning Commission voted to recommend to
Council that it rezone the property in line with the staff recommen-
dation, as described above, with one exception: that the transitional
strip be one foot wide instead of five feet wide on Lot 17, Official
Tax No. 1030215; that the changes made by the Planning Commission to
the recommendation of the staff provide Hayes, Seay, Mattern and Mat-
tern with slightly more C-1 zoned area, (49 feet rather than the 45
feet recommended by staff) while still providing a 50 foot separation
between the business and residents.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance, based upon the
recommendation of the City Planning Commission, be placed upon its
first reading:
386
ACTION:
(#28138) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 590.)
The motion was seconded by Mr. Garland.
Mr. Boyd Dickerson, 1315 Franklin Road, S. W., appeared before
Council on behalf of Hayes, Seay, Mattern and Mattern (HSMM), and
requested that Council rezone the lots as petitioned by HSMM to C-1.
He pointed out that many of the old southwest residents have
acknowledged that HSMM has been a good neighbor and no claim has been
made t?at HSMM has or will damage the neighborhood; and opposition
seems to ~enter around setting an example against further development,
particularly by developers. He contended that such an example should
be set when a developer attempts to develop property; that HSMM are not
developers and they have been in this area of old southwest since 1954.
He said Hayes, Seay, Mattern and Mattern has no desire to do anything
that will damage the City or its neighborhoods in any way.
With regard to the lots in question, Mr. Dickerson said Hayes,
Seay, Mattern and Mattern acquired one of the lots in 1973 and the
other in 1975, they obtained a demolition permit seven years ago but
deferred demolition at the request of the City Manager until better
planning for the neighborhood could be developed. Subsequently, in
early 1983 Hayes, Seay, Mattern & Mattern offered the houses on these
two lots to the Old Southwest group or to anyone else free of charge to
empty the lots and that offer was continued for over two years but no
action resulted therefrom. He said a meeting was held with City offi-
cials in the spring of 1985 and tlSMM was promised resolution by August,
1985, that resolution did not occur and HSMM formally petitioned for
C-1 zoning on November 20, 1985.
In summary, Mr. Dickerson said that Hayes, Seay, Mattern and
Mattern is among the top fifty payroles in the City of Roanoke; they
are in old southwest at their present location at the City's request to
remain there; they have consistently maintained an attractive facility
and will continue to do so; they are one of the few national firms
headquartered in the City of Roanoke; they are among the top 200 archi-
tectural and engineering firms in the United States and, as such, a
basic resource for the City. He urged that Council approve the rezon-
ing of the two lots in question in order to permit Hayes, Seay, Mattern
and Mattern to continue their history of a very stable employment and a
highly visible image of Roanoke's support of its business con~nunity.
Mr. Jan Wilkins, President, Old Southwest, Inc., appeared before
Council and advised that for almost a year this matter has been tossed
back and forth; that Hayes, Seay, Mattern and Mattern has always been a
good neighbor, but the problem is one of growth, and untamed growth is
not something that should happen with business in a residential neigh-
borhood. He said Old Southwest believes that a compromise is in order
and would like to go on record in support of the recommendation of the
City Planning Commission.
Followi~g discussion of the request by the members of Council,
Ordinance No. 28138 was adopted on its first reading by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ........ 6.
NAYS: None .........
(Mayor Taylor was absent.)
Om
PROCLAMATIONS: Ms. Tamara K. Richert, 512 King George Avenue,
S. W., appeared before Council and advised that as the City celebrates
Historic Preservation Week throughout the valley and nation, represen-
tatives of Old Southwest wear yellow to heighten the awareness and
pride of their historical places. On behalf of Old Southwest, Inc.,
she presented each member of Council with a yellow carnation.
The Vice-Mayor presented Ms. Richert with a proclamation declaring
May 11 - 17, 1986, as Historic Preservation Week in the City of
Roanoke.
(See proclamation on file in the City Clerk's Office.)
AMBULANCES: Council at its meeting on Monday, March 24, 1986,
having set a public hearing for Monday, May 12, 1986, at 7:30 p.m., or
as soon thereafter as the matter may be heard, on the application of
Lewis-Gale Hospital, inc., for issuance of a certificate of public con.-
venience and necessity to operate ambulances and vehicles for transpor-
tation of handicapped persons within the City of Roanoke, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times and World-News on
Thursday, May 8, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that United
Ambulance Service, Inc., 215 Hershberger Road, N. W., holds a Certifi-
cate of Public Convenience and Necessity which was issued on
January 13, 19/5, and at the present time, no other owner or operator
of an ambulance service holds a certificate; that no certificate is
required for an ambulance or vehicle for the transportation of han-
dicapped persons or patients from outside the City into the City or
from within the City to a location outside the City; that current
efforts to contain rising costs of health care have resulted in a
reduced length of stay of patients in the hospital; that patients are
now receiving more home care and are completing convalescence while at
home; and there has been an increase in the demand for transport ser-
vices to return patients home after an admission to the hospital as
well as provide transportation for continued specialized medical treat-
ments once discharged from the hospital.
It was explained that preliminary findings on conditions presented
are:
Statements made in the application submitted by
Lewis Gale Hospital, Inc., are complete and there
appears to be no discrepancies.
Adequacy of existing services - complaints have
been received through the Office of Emergency
Services and from other sources indicating that
there is a need for additional ambulance service.
Financial responsibility - Lewis Gale Hospital,
Inc., is an affiliate of Hospital Corporation of
America (HCA), one of the largest health care orga-
nizations in the country. The most recent annual
report from HCA indicates stability and continued
growth.
Public need for additional services - there
appears to be an increased demand for patient
transport services beyond what is currently pro-
vided.
Ability of existing holder to provide necessary
additional services - according to a questionnaire
responded to by United Ambulance Service, Inc.,
they do not anticipate adding additional equipment
or personnel to expand services within the next
twelve months.
The City Manager recommended that Council refer the public com-
ments received during the public hearing of May 12, 1986, to him; and a
final report and recommendation will be brought to Council on Monday,
June 9, 1986.
(For full text, see report on file in the City Clerk's Office.)
387
388
Mr. Thomas A. Bradshaw, Assistant Admin|strator, Lewis Gale
Hospital, Inc., appeared before Council and presented background infor-
mation regarding the involvement of Lewis Gale Hospital in ambulance
service. He said the records indicate that from 1982-1985 Lewis Gale
arranged transportation for 3,200 patients primarily for radiation
therapy and cardiac catherization procedures at Roanoke Memorial
Hospital; that the medical staff and employees received numerous
complaints about the quality of transportation being provided by United
Ambulance Service evolving around the following issues: late arrival
time in many cases in excess of two hours, lengthy waits for treatment
at the cancer center (patients were picked up as much as two hours
late), discourteous treatment of patients, frequent vehicle breakdown,
and incorrect equipment.
Mr. Bradshaw said meetings were held with representatives of
United Ambulance Service; however, the problems have not been ade-
quately resolved. He said Lewis Gale Hospital has the responsibility
to care for its patients, and having no other ambulance service alter-
native in Roanoke, Lewis Gale Hospital placed a licensed ambulance in
service primarily for the transportation of oncology patients in 1985;
that requests for transportation were received from nursing homes and
area rescue squads for non-emergency transport; that Lewis Gale was
unable to meet the large volume of demand for service and in order to
address this increased demand, a second ambulance was added in October,
1985, a third vehicle was added in January, 198~, a fourth ambulance
was added in April, 1986, and a fifth ambulance will be placed in
operation in a few weeks.
Mr. Bradshaw said it may be concluded that the demand for the
Lewis Gale Hospital ambulance service is very significant and indica-
tive of the need for additional ambulance service in Roanoke. He
explained that the granting of a Certificate of Public Convenience and
Necessity means that Lewis Gale will be able to continue to transport
Lewis Gale oncology patients living in the City of Roanoke who may need
continued treatment at the cancer center after discharge from the
hospital and, without the certificate, Lewis Gale must refuse to trans-
port patients if they live in the City of Roanoke and need to seek
medical care in the City of Roanoke, even though the patient is a
former Lewis Gale patient.
Mr. Bradshaw explained that Lewis Gale Hospital patient transport
services will provide an alternative to patients who cannot pay cash up
front before transporting, noting that there is a documented need for
this service inasmuch as United Ambulance requires payment by the
patient prior to being transported and many sick and elderly people do
not have the cash up front to pay. He said Roanoke patients need an
alternate means of transporting when United Ambulance is unable to meet
their needs.
Mr. C. E. Carter, Administrator, South Roanoke Nursing Home,
appeared before Council in support of the application of Lewis Gale
Hospital, and encouraged Council's approval of the request. He said
the demand for service has outgrown the ability of one company to
supply.
Ms. Karen P. Gregg, Director of Nursing Services, Roanoke United
Methodist Home, appeared before Council and advised that she has
arranged for transportation in both emergency and non-emergency situa-
tions for residents of the Methodist Home, and she has been less ttlan
pleased with the service that is now available to the citizens of the
City of Roanoke. She explained that their experience has proven that
the City is in need of a more competent and qualified ambulance trans-
port service. She said the opinion of the nursing staff at the Metho-
dist Home is that the cittzens of Roanoke City deserve the right of
choice when it comes to medical attention, they deserve a high level of
quality of any medical service and they are not offered that level of
service by the present system. She contended that to offer only one
option is a monopoly and ties the hands of the care giver and, in
essence, reduces the level of care offered to the patient. She urged
that Council favorably consider the request of Lewis Gale Hospital,
Inc., for a Certificate of Public Convenience and Necessity.
1
ACTION:
Mr. William B. Hopkins, Attorney, representing Lewis Gale Hospi-
tal, Inc., appeared before Council and advised that there were other
persons present in support of the application of Lewis Gale Hospital;
however, their remarks would be repetitive of those already presented.
He asked that Council look upon the request of Lewis Gale Hospital with
favor, noting that the pertinent information is substantiated in the
report of the City Manager.
A communication from Mr. William H. Flannagan, President, Roanoke
Hospital Association, advising that in late 1982, Roanoke Memorial
Hospital Association, through its LifeGuard of America, Inc., sub-
sidiary, entered into negotiations with Mr. Jesse Wilson over the
purchase of United Ambulance Service and were informed that the company
had been sold to another interested party; and in the spring of 1986,
United Ambulance current owners, Friendship Manor, contacted Roanoke
Hospital Association to see if there was still an interest in acquiring
United Ambulance, at which time they were informed that there was still
interest on the part of the Hospital Association, was before Council.
Mr. Flannagan advised that the administration of Friendship Manor
has been informed of the intent of Roanoke Hospital Association to
negotiate the purchase pending a preliminat~ review by the Board of
Friendship Manor; that negotiations for the purchase will proceed and
an agreement is anticipated; and this process may take two or three
weeks depending on the meeting schedules for both Boards. Should the
sale go through, Mr. Flannagan said Roanoke Hospital Association is
con~nitted to a thorough service review and evaluation which will be
used to fine-tune United Ambulance to meet community needs and expec-
tations; and the Hospital Association has been successful in a similar
venture involving the LifeGuard of America service and plans to apply
the same high standards to the ambulance company.
(For full text, see communication on file in the City Clerk's Office.)
There being no other persons wishing to address Council, Mr. Trout
moved that the remarks be referred to the City Manager for considera-
tion in connection with his study of the request of Lewis Gale Hospi-
tal, Inc. The motion was seconded by Mrs. Bowles and adopted.
ZONING-FLOODS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 12, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mattern &
Craig, Consulting Engineers, to amend the City's Flood Boundary and
Floodway Map and Flood Insurance Rate Map to permit the construction
of a new Wendy's Restaurant at the northeast corner of the intersection
of Wonju Street and Franklin Road, S. W., the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Saturday,
April 26, 1986, and Friday, May 2, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Cocmissicn recommending that the
request be approved based on the following conclusions, was before
Council.
Amendment will comply with federal regulations to
ensure the City's continued eligibility to partici-
pate in the National Flood Insurance Program.
Floodway revision is based on a more detailed study
of the property.
Amendment will further the intent and purpose of
the City's Zoning Ordinance and Comprehensive Plan.
The City Engineer's Office has no record of flood-
ing in the immediate area above an elevation of 956
feet above sea level.
(For full text, see report on file in the City Clerk's Office.)
389
390
ACTION:
ACTION:
Mr. Stewart W. Hubbell, representing Mattern and Craig, Consulting
Engineer, appeared before Council in support of the request.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28139) AN ORDINANCE to amend the City's Flood Boundary and
Floodway Map and the Flood Insurance Rate Map, in order to reflect more
detailed studies made of the general area situated at the northeast
corner of the intersection of Wonju Street and Franklin Road, S. W.
(For full text of Ordinance, see Ordinance Book No. 49, page 591.)
The motion was seconded by Mr. Garland.
No persons wishing to address Council with regard to the amendment
to the Flood Boundary and Floodway Map and the Flood Insurance Rate
Map, Ordinance No. 28139 was adopted on its first reading by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ......... 6.
NAYS: None ......................
-0.
(Mayor Taylor was absent.)
ZONING-FLOODS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 12, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke to amend the City's Flood Boundary and Floodway Map and Flood
Insurance Rate Map, in order to permit the construction of the City's
new Sports Complex, situated adjacent to Wiley Drive and Reserve
Avenue, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Saturday,
April 26, 1986, and Friday, May 2, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, based on the following conclusions, was before
Council.
Amendment will comply with federal regulations to
ensure the City's continued eligibility to par-
ticipate in the National Flood Insurance Program.
Floodway change does not adversely affect adjacent
property owners.
Amendment will further the intent and purpose of
the City's Zoning Ordinance and the Comprehensive
Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28140) AN ORDINANCE to amend the City's Flood Boundary and
Floodway Map and the Flood Insurance Rate Map, in order to reflect cer-
tain changes made to the existing floodway in connection with the deve-
lopment of the City's new Sports Complex.
(For full text of Ordinance, see Ordinance Book No. 49, page 592.)
The motion was seconded by Mrs. Bowles.
No person wishing to address Council with regard to amendment of
the Flood Boundary and Floodway Map and Flood Insurance Rate Map,
Ordinance No. 28140 was adopted on its first reading by the following
vote:
291
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
PLANNING: The City Clerk having advertised a public hearing for
Monday, May 12, 1986, at 7:30 p.m., or as soon thereafter as the matter
may be heard, on the question of approving a new Comprehensive Develop-
ment Plan for Roanoke, Virginia 1985-2005, and repealing the present
Land Development and Community Facilities and Services Plan Element,
and the Mass Transit Plan and Air Transportation Master Plan Elements
of the City's 1980 Comprehensive Plan, pursuant to §15.1-446.1, et
seq., Code of Virginia (1950), as amended, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Saturday,
April 26, 1986, and Friday, May 2, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
ACTION:
(#28141) A RESOLUTION approving and adopting the Comprehensive
Development Plan for Roanoke, Virginia 1985-2005, and repealing the
present Land Development and Community Facilities and Services Plan
element and the Mass Transit Plan and Air Transportation Master Plan
elements of the City's 1980 Comprehensive Plan.
(For full text of Resolution, see Resolution Book No. 49, page 578.)
The motion was seconded by Mr. Trout.
Ms. Susan S. Goode, Chairman of the City Planning Commission,
appeared before Council and recommended that Council adopt the new
Comprehensive Development Plan, advising that the plan has the whole-
hearted support of both the Planning Commission and the Council-
appointed Roanoke Vision Comprehensive Plan Advisory Committee, noting
that the plan adequately reflects the joint effort of citizens of
Roanoke, the Planning staff, the Planning team, and accurately reflects
the ideas and values expressed by the participants in the workshops,
committee meetings, public forums and newspaper survey.
Ms. Goode explained that the plan calls for:
A revision of the land development regulations to
accurately reflect the values and desires of
Roanoke's citizens. It is anticipated that revised
zoning, site plan and subdivision ordinances will
be brought to City Council for consideration and
adoption within the next several months.
Improved administrative procedures to enhance
coordination, efficiency and simplify the permit
approvals process for private development. These
would involve changes within the Office of
Community Planning and would include providing
full-time Planning staff support for the Board of
Zoning Appeals.
The use of partnership approaches whenever pos-
sible. This would include public, private and
civic participation - such as the various existing
neighborhood organizations and new groups such as a
non-profit housing corporation and a small business
advisory committee.
392
Planning and development actions which reflect
Roanoke's values, including coordination of govern-
mental and private efforts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Joseph T. Duetsch, representing The Mental Health Association of
the Roanoke Valley, Inc., appeared before Council and commended the
authors of Roanoke Vision for the breadth of the goals stated in regard
to the needs for human services. He read a statement on behalf of the
Alliance for the Mentally Ill in the Roanoke Valley, commending the
City for its efforts to plan for the future as demonstrated in the
twenty year development plan, and addressing the needs for L'.-. chroni-
cally mentally ill in the City of Roanoke.
(For full text, see communications on file in the City Clerk's Office.)
No other persons wishing to address Council with regard to the
Comprehensive Development Plan for Roanoke, Virginia 1985-2005, Resolu-
tion No. 28141 was adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey .......................... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
CONSENT AGENDA:
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, April 21, 1986, and Monday, April 28, 1986, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ................ 6.
NAYS: None .......... O.
(Mayor Taylor was absent.)
COUNCIL: A communication from Vice-Mayor James G. Harvey, II,
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 ia) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the
Vtce-M~vor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 {a) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
393
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey 6.
NAYS: None ............. O.
(Mayor Taylor was absent.)
ANNUAL REPORTS-ARCHITECTURAL REVIEW BOARD: An annual report for
1985 of the Architectural Review Board, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey -6.
NAYS: None ................. O.
(Mayor Taylor was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Kemper A.
Dobbins as a member of the Roanoke Arts Commission to fill the unex-
pired term of William G. Kuthy, resigned, ending June 30, 1988, was
before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ........ 6.
NAYS: None .............................. O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A certificate from the Industrial Development Autho-
rity with regard to issuance of industrial development revenue bonds,
in an amount estimated at $3,050,000.00, to assist Center Properties !
in refunding its existing bond issued December 31, 1984, to finance the
acquisition, construction and equipping of Century Business Center, and
issuance of $950,000.00 in additional bonds for completion of the
Century Business Center located in the Deanwood Redevelopment Area on
Route 460 East in the City, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28142) WHEREAS, the Industrial Development Authority of the
City of Roanoke, Virginia (the Authority), has considered the applica-
tion of Center Properties I (the Company), requesting the issuance of
the Authority's industrial development revenue bonds in an amount esti-
mated at $3,050,000.00 (the Bonds) to assist in the refunding of the
Company's existing industrial development revenue bond issued
December 31, 1984 (tile 1984 Bond) to finance the acquisition, construc-
tion and equipping of a 54,000 +/- sq. ft. office/warehouse facility
known as Century Business Center, and the issuance of $950,000.00 in
additional bonds for completion of the Century Business Center (the
Project) located in the Deanwood Redevelopment Area on Route 460 East
in the City of Roanoke, Virginia, and has held a public hearing thereon
on April 29, 1986.
(For full text of Resolution, see Resolution Book No. 49, page 579.)
394
ACT ION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ............. 6.
NAYS: None .................
(Mayor Taylor was absent.)
INDUSTRIES: A certificate from the Industrial Development Autho-
rity with regard to issuance of industrial development revenue bonds,
in an amount estimated at $1,000,000.00, to assist Valley Rich Dairy in
expansion of a milk processing facility, including cooling and other
equipment therein, located in the City, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28143) WHEREAS, the Industrial Development Authority of the
City of Roanoke, Virginia (the Authority), has considered the applica-
tion of Valley Rich Dairy (the Company), requesting the issuance of the
Authority's industrial development revenue bonds in an amount estimated
at $1,0;10,000.00 (the Bonds) to assist in the expansion of a milk pro-
cessing facility, including cooling and other equipment therein, (the
Project) located in the City of Roanoke, Virginia, and has held a
public hearing thereon on April 29, 1986.
(For full text of Resolution, see Resolution Book No. 49, page 580.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ---6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
iNDUSTRIES: A certificate from the Industrial Development Autho-
rity with regard to issuance of industrial development revenue bonds,
in an amount estimated at $1,000,000.00, to assist Bruce G. Freeman,
M.D., t/a Roanoke Plastic Surgery Center, in financing the acquisition
of land, the renovation of an existing building thereon and the
construction of an addition to such building, to be used as a plastic
surgical clinic and outpatient surgical facility and the equipping of
such facility, located at the southeast intersection of Washington
Avenue and Franklin Road, S. W., in the City, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28144) WHEREAS, the Industrial Development Authority of the
City of Roanoke, Virginia (the Authority), has considered the applica-
tion of Bruce G. Freeman, M.D., t/a Roanoke Plastic Surgery Center (the
Company), requesting the issuance of the Authority's industrial deve-
lopment revenue bonds in an amount estimated at $1,000,000.00 (the
Bonds) to assist in financing the acquisition of land, the renovation
of an existing building thereon (known as the W. W. Boxley Home) and
the construction of an addition to such building, to be used as a
plastic surgical clinic and outpatient surgical facility and the
equipping of such facility (the Project) located at the southeast
intersection of Washington Avenue and Franklin Road in the City of
Roanoke, Virginia, and has held a public hearing thereon on April 29,
1986.
(For full text of Resolution, see Resolution Book No. 49, page 581.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers.
,!
The City Attorney advised that he has received several inquiries
in reference to the designation of old southwest as a historic district
and why that designation does not give the City authority or special
power to control architecture or control specifically demolition in
that area. He said the old southwest designation is one that is
obtained from the state and national governments and the old southwest
neighborhoods have been listed as a historic landmark on the registers
of the national and state governments, He explained that there are
certain tax benefits that accrue to persons who cause renovations in
districts that have been so designated; however, it is not a City
designation and does not trigger new powers for the City Council or any
other agencies of the City, and such designation does not give the City
authority to control architecture or demolition in the area.
Mr. Dibling said Dr. Freeman may complete the project without
approval by the City Council and no involvement of the Council would be
required. He would merely need to obtain a zoning permit and the only
issue would be whether the property is properly zoned, and he is
advised that it is properly zoned for the use for which it is con-
ceived; that Dr. Freeman would need to obtain a building permit after
which time the issue would be one of compliance with the various build-
ing codes. He said there would be a site plan review and through that
review there would be consideration of landscaping, preservation of the
natural environment, lighting, erosion and sediment control, and storm
drainage.
Ms. Polly Ayers Bixler, 502 Highland Avenue, S. W., appeared
before Council and advised that none of us knows what it is like to
live in each other's neighborhood, but she does know what it is like to
live in old southwest and what makes it special and unique to her and
her neighbors. She said for the people of old southwest, it is the
love of the past, the restoration of houses that can never be dupli-
cated and the preservation of Roanoke's history. She added that old
southwest is now a historic district; and old southwest recognizes the
Franklin Road Corridor will remain commercial, but they are a residen-
tial neighborhood. She stated that old southwest wants to work with
the developer, but they want to retain their neighborhood's fabric and
every house that comes down, no matter how sensitive the new building
is or how attractively landscaped the parking lot is, it represents a
loss of the neighborhood's fabric. She explained that they wish to
work with Dr. Freeman for the development of his program and to retain
their neighborhood fabric. She said Dr. Freeman has stated that he
would entertain looking at plans to retain both structures; that old
southwest has procured an architect to lead a study and evaluation of
the project but they need time; that they realize Dr. Freeman will
possibly incur extra cost for the delay, but the alternative is the
loss to the neighborhood to suit his financial timing. Ms. Bixler
requested that Council delay its decision for one month in order that
they may explore all the alternatives for Dr. Freeman and old southwest
as well.
Mr. William G. White, Box 9593, Hollins College, Virginia, pro-
perty o~ner in the northwest section of the City of Roanoke, appeared
before Council and stated that there is a unique characteristic to this
particular block of Washington Avenue; and the two homes identified in
the plan, both of which are excellent examples of their own types of
architecture, should be at all expense preserved. He asked that the
concerns be balanced in such a way that there is a kind of integration
in the decision between those qualities that will be lost with the
removal of one or both of the homes compared to what may be gained by
going forth with an alternate plan. He said he would hope that this
decision might be seen not only for its own merits but in the concept
of the larger value of the architecture of the Roanoke Valley and par-
ticularly those homes which have unique value to the Roanoke area.
Ms. Gretchen Noterman, 1209 Campbell Avenue, S. W., appeared
before Council and expressed love of the Queen Anne house at 3181
Washington Avenue, calling attention to its architectural beauty. She
requested that the house be preserved. She said our children,
grandchildren and great grandchildren deserve a past, they deserve
beauty and art, and asked that Council provide for an extension on the
bond money and vote for what is best in Roanoke.
395
396
Mr. Richard A. Rife, 2258 Memorial Avenue, S. W., appeared before
Council and advised that he owns a vacant lot in the 400 block of
Walnut Avenue, upon which he plans to construct a residence. He said
old southwest is not convinced that the house needs to be torn down and
they would like some time to study it further and present their fin-
dings to Dr. Freeman; that old southwest feels for Council to vote for
the industrial revenue bonds this evening would be placing their stamp
of approval on the house being torn down which is not consistent with
the goals of the Comprehensive Plan. Mr. Rife said that old southwest
recognizes the owner has the right to do whatever he wants with the
property within the limits of the appropriate zoning and building ordi-
nances, but old southwest feels that Council has a moral obligation not
to facilitate the needless destruction of a very unique residence in
the City, and asked that Council delay approval of the bonds.
Mr. James K. Harris, 4007 Bellmeade Drive, S. W., Roanoke County,
appeared before Council and advised that the houses on Washington
Avenue and houses like them are in jeopardy and about to be bulldozed
and it would seem that this is being done in the name of development,
progress, and commercial value. He said to amputate these homes from
the landscape, community and the past is a sad state of affairs for
local residents and people who cherish those neighborhood residences.
He added that members of the old southwest organization would like for
Council to delay voting on this issue for another thirty days to enable
more discussion and possibly arrive at a solution that would be
equitable to all concerned.
Mr. Robert E. Crawford, Jr., 818 13th Street, S. W., and President
of the Mountain View Neighborhood Alliance, appeared before Council and
advised that Dr. Freeman has offered the house on Washington Avenue to
preservationists provided they remove it, the implication being that
this resolves the issue of historic preservation. He said this is not
true because even if the house is not demolished, the removal of the
Queen Anne house would diminish both its historic value and the value
of the remaining houses with which it presently occupies an unbroken
lot of significant structures. He urged that Council take into account
Dr. Freeman's complete project plans in determining whether to grant
the bond request, advising that public bond money should not be made
available for a project which involves such a needless loss of cultural
and historic resources.
Mr. Alton L. Knighton, Attorney, representing Dr. Freeman,
appeared before Council and advised that Dr. Freeman is presenting a
compromise that leaves no one happy, but leaves everyone in a better
position than if he had gone ahead as he had originally intended. He
said Dr. Freeman's original intent last fall was to tear down both of
the buildings and construct a new building; that Dr. Freeman was
approached by representatives of the City Planning Department and the
Historical Society and asked to reconsider; that in the interest of
co~nunity cooperation he did reconsider; that he paid his architect to
draw a new set of plans; he spent considerable time talking with many
concerned people, he has gone the extra mile and on that basis he is
entitled to proceed. Mr. Knighton said his client has the support of
both the City Administration and the Historical Society (in part) and
they have both said if the Boxley home can be saved, that is a more
important goal than saving the Queen Anne house.
Mr. Knighton said Council's vote this evening has nothing to do
with ~lether the Queen Anne house is torn down; that the people who
have asked for a one month continuation will have it because Dr.
Freeman is not going to put the bulldozer on the property right away;
and he will continue to talk with residents of old southwest no matter
what action Council takes this evening. He said as far as the
financing is concerned, going the route of the bonds would save Dr.
Freeman $30,000.00 per year in interest costs which will be money that
can be put to use in rehabilitating the Boxley home. He stated if a
way can be found to save the Queen Anne house that works into Dr.
Freeman's plans, he would be delighted to do so.
Mr. Knighton said a delay in Council's vote this evening would
likely be about the same as a no vote from the standpoint of the tax
exempt financing and, due to timing requirements set up by the state in
the allocation process and due to pending federal legislation, it is
his view that Dr. Freeman needs to proceed and get the financing under-
way in order to receive tax exempt financing.
ACTION:
Mr. Robert N. Richert, 415 Allison Avenue, S. W., appeared before
Council in support of preservation of the historic homes in old south-
west and responded to certain questions raised by the members of
Council.
Following considerable discussion by the members of Council, Mr.
Garland advised that when Council places its stamp of approval on the
project, it will be almost condoning demolition. He suggested that
something be worked out between the opposing sides and asked that the
matter be delayed for thirty days with the hope that a compromise can
be reached and not do violence to Dr. Freeman's project.
Mr. Garland then offered a substitute motion that action on the
matter be delayed for thirty days.
The substitute motion failed for lack of a second.
Resolution No. 28144 was adopted by the following vote:
AYES: Council members Bowers, Bowles, Musser, Trout, and Vice-
Mayor Harvey 5.
NAYS: Council member Garland 1.
(Mayor Taylor was absent.)
A Resolution pursuant to Executive Order No. 54(85) issued by the
Governor of the Commonwealth of Virginia, January 23, 1985, requesting
additional allocation of bond issuing authority from the "State
Reserve" as that term is defined in the Executive Order, was before
Council.
Mr. Trout offered the following Resolution:
(#28145) A RESOLUTION pursuant to Executive Order No. 54(85)
issued by the Governor of the Commonwealth of Virginia, January 23,
1985, requesting additional allocation of bond issuing authority from
the "State Reserve" as that term is defined in the Executive Order.
(For full text of Resolution, see Resolution Book No. 49, page 582.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ............ 6.
NAYS: None ......... . ......O.
(Mayor Taylor was absent.)
At 9:45 p.m., the Vice-Mayor declared the meeting in recess.
At 9:55 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Harvey presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-TRAFFIC: The City Manager submitted a written report with
regard to a traffic signal at the intersection of Peters Creek Road and
North Lakes Drive, advising that a traffic signal was justified at last
count on October 3, 1985, by the Engineering Department and met war-
rants as prescribed by the Manual on Uniform Traffic Control Devices;
and evaluation of the requested intersection to be signalized by the
Traffic Operation Program Committee has been completed and a traffic
signal has been justified for installation at this time.
297
398
ACTION:
ACTION:
The City Manager recommended that Council appropriate $60,000.00
in the Capital Projects Fund from funds designated for streets and
highways and authorize the Director of Finance to set up a new account
in the Capital Projects Fund to be called "Peters Creek Road and North
Lakes Drive", in a form acceptable to the City Attorney.
(For fu,1 text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28146) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 583.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey .................................................... 6.
NAYS: None ................................
Oe
(Mayor Taylor was absent.)
GRANTS-YOUTH: The City Manager submitted a written report
advising that the Office on Youth grant was first officially awarded to
the City under the Virginia Delinquency Prevention and Youth Develop-
ment Act on June 17, 1980; that the grant budget is for a 12 month
period, beginning July 1, 1986, through June 30, 1987; that the grant
provides for continuation of coordinated planning and program implemen-
tation of the Office on Youth; and the grant budget is as follows:
Budget Category
Local Match
State Funds Cash In-Ki nd Total
Personnel $33,021.00 $5,317.00 $38,338.00
Consultants - 0 - - 0 - - 0 -
Travel 290.00 1,350.00 1,640.00
Equipment - 0 - - 0 - - 0 -
Supplies & Other 500.00 3,333.00 $569.00 4,402.00
Operating Expenses
Total $33,811.00 $10,000.00 $569.00 $44,380.00
It was explained that funding for local cash match, in the amount
of $10,000.00, has been included in the fiscal year 1986-87 Con~nunity
Planning Budget Account No. A01811037035.
The City Manager recommended that he and the Director of Finance
be authorized to execute and forward the grant application to the
Department of Corrections; and if awarded, the grant will be presented
to Council for acceptance and fund appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28147) A RESOLUTION authorizing the filing of an application
with the Commonwealth of Virginia Department of Corrections for a
Delinquency Prevention and Youth Development Act Grant for the purpose
of continuing coordinated planning and youth services program implemen-
tation by the City's Office on Youth until June 30, 1987.
(For full text of Resolution, see Resolution Book No. 49, page 583.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey 6.
NAYS: None ............
Oe
(Mayor Taylor was absent.)
399
BUDGET-COMMONWEALTH'S ATTORNEY: The City Manager submitted a
written report concurring in a report of the Commonwealth's Attorney
recommending that Council approve an increase in revenue reimbursement
from the Commonwealth of Virginia, in the amount of $9,339.00, and
appropriate to the Commonwealth's Attorney's budget an increase in Fees
for Professional Services, Account No. A01221020010, in the amount of
$9,339.00.
,!
It was explained that upon the resignation of William H. Cleave-
land as Assistant Commonwealth's Attorney, the Roanoke City Circuit
Court appointed him pursuant to Virginia Code Section 19.2-155 as a
Special Prosecutor in several drug-related cases; and all cases have
been disposed of and Orders have been entered for payment to Mr.
Cleaveland as a Special Prosecutor as follows:
Order dated 10/25/85 for $2,330.00
Order dated 10/28/85 for $5,428.99
Order dated 10/29/85 for $1,580.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28148) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 584.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ................ 6.
NAYS: None .......... -0.
(Mayor Taylor was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-YOUTH:
The City Manager submitted a written report advising that the Summer
Youth Employment and Training Program is authorized by the Job Training
Partnership Act to provide economically disadvantaged youth participa-
tion in work experience, occupational training, remedial education, and
career exploration; that the Fifth District Employment and Training
Consortium submitted the Summer Youth Employment and Training Plan to
the Governor's Employment and Training Department on April 12, 1986;
and 577 eligible youths (ages 14 - 21) are targeted to be served in the
Fifth Planning District by the program; and the City of Roanoke is the
grant recipient for Consortium funding and Council must appropriate the
funds for all grants the Consortium receives.
It was explained that the Consortium has received from the Gover-
nor's Employment and Training Department Notice of Award No. 86-03-04,
in the amount of $654,598.00, in new funding to operate the Summer
Youth Program in the Fifth Planning District; that carry-over funds
from last year's Summer Youth Program appropriated by Council on
April 14, 1986, amounted to $109,030.00; and the total amount available
from carry-over funds and new funding authorized by the Governor's
Employment and Training Department is $763,628.00.
The City Manager recommended that Council appropriate $654,598.00
of new Summer Youth funding and increase the revenue estimate by
$654,598.00:
Appropriate $98,190.00 to the JTPA Administrative
Pool {A34-8660-gg9-99) and increase the revenue
estimate by $98,1g0.00.
400
Appropriate $556,408.00 to the Summer Youth Program
(A34-8665-999-99) and increase the revenue estimate
by $556,408.00 (R34-8601-65).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28149) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Fifth District Consortium Fund Appropriation Ordinance, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 584.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey- 6.
NAYS: None .................
(Mayor Taylor was absent.)
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report advising that on September 26, 1985, Council adopted the Fair
Labor Standards Act (FLSA) compliance for the City of Roanoke; and
funds were appropriated to a contingency account at the time of FLSA
adoption by Council to allow for any overtime payments required.
It was explained that firefighters and fire lieutenants are being
paid an additional one-half the hourly rate for hours worked over 204
in a 27-day work period in compliance with FLSA requirements; that on a
regular basis, this will amount to 12 hours per individual for the
27-day work period at an average total cost of $6,900.00 per pay
period; and funds are insufficient in the Fire Suppression Overtime
Account No. A01321310003 to allow payment of FLSA required overtime.
The City Manager recon~ended that Council transfer funds in the
amount of $50,557.00 to the Fire Department Suppression Overtime
Account No. A01321310003 to allow payment of FLSA Overtime to eligible
fir,fighter and fire lieutenant personnel.
(For full text, see report on file in the City ClerkIs Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28150) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 585.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey 6.
NAYS: None ............. O.
(Mayor Taylor was absent.)
BUDGET-FLOODS: The City Manager submitted a written report
advising that on March 4, 1986, the City of Roanoke received
$159,147.08 from Federal and State governments as partial reimbursement
for flood damages; that partial payment received was deposited in the
General Fund Revenue Account No. ROlOg1030 (Flood of '85); and operat-
ing funds from various departments were used to address immediate flood
problems and concerns.
ACTION:
ACTION:
It was explained that line item budgets of several departments
have been depleted by funding flood requirements; and additional funds
are needed to continue selected operations for the balance of fiscal
year 1985-86.
The City Manager recommended that Council increase the revenue
estimate by $159,147.08 for revenue account R01091030 and appropriate
$159,147.08 to the following:
Department Account
Dollar Amount
Refuse Collection
Street Maintenance
Capital - Flood of '85
A01421010003
A01411030046
A08240191003
$ 27,000.00
30,000.00
102,147.08
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28151) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Projects Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 586.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey ......... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
BUDGET-EQUIPMENT: The City Manager submitted a written report
concurring in a recommendation of the Bid Committee with reference to
the purchase of pick-up trucks and a utility vehicle.
The Bid Committee recommended that Council accept the bid of Magic
City Motor Corporation for two new 3/4 ton pick-up trucks for Street
Maintenance, in the amount of $22,183.60; that Council accept the bid
of Berglund Chevrolet for one new four wheel drive utility vehicle for
the Water Department, in the amount of $12,847.90; that all other bids
be rejected; that Council approve transfer of $22,183.60 from the
Capital Maintenance and Equipment Replacement Program to Street Main-
tenance Account No. A01411090010, to provide for the purchase of the
pick-up trucks; and $12,847.90 is available in Water Department Account
No. A02511090010 for the purchase of the utility vehicle.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28152) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 587.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout and Vice-
Mayor Harvey ........ 5.
NAYS: None .........
(Mayor Taylor was absent.)
voting.)
.0.
(Council member Bowers abstained from
Mr. Musser offered the following emergency Ordinance:
401
402
ACTION:
ACTION:
ACTION:
(#28153) AN ORDINANCE accepting bids for two new 3/4 ton pickup
trucks and one new four-wheel drive utility vehicle; rejecting other
bids for these items; rejecting all bids for one new 3/4 ton four-wheel
drive pickup truck; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 587.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout and Vice-
Mayor Harvey -5.
NAYS: None ...............
O.
(Mayor Taylor was absent.)
voting. )
(Council member Bowers abstained from
BUDGET-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to the
purchase of a cab/chassis and refuse body.
The Bid Committee recon~ended that Council accept the bid of
Johnson International Trucks, Inc., for one new cab/chassis, in the
amount of $32,476.50, and the bid of First Piedmont Corporation for one
new eighteen cubic yard refuse body, in the amount of $14,995.00; that
Council appropriate $47,472.40 from the Capital Maintenance and Equip-
ment Replacement Program to Refuse Collection Department Account No.
A01421090010; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28154) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinanc:, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 588.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout and Vice-
Mayor Harvey ...................... 5.
NAYS: None .0.
(Mayor Taylor was absent.)
voting.)
(Council member Bowers abstained from
Mrs. Bowles offered the following emergency Ordinance:
(#28155) AN ORDINANCE accepting bids for refuse equipment;
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 589.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout and Vice-
Mayor Harvey .......... 5.
NAYS: None .......... O.
(Mayor Taylor was absent.)
voting.)
(Council member Bowers abstained from
,!
ACTION:
REPORTS OF COMMITTEES:
EMERGENCY MEDICAL SERVICES: Mr. Kenneth C. King, Jr., Chairman,
Emergency Medical Services Committee, appeared before Council and pre-
sented a written report on behalf of the committee advising that the
committee was appointed by Council to evaluate the augmented system of
pre-hospital care in Roanoke; and the functions of the committee were
to review, evaluate and report to Council on the results of Council's
decision in August, 1984 to supplement the volunteer rescue system with
paid, advanced-level rescue personnel.
Critical concerns and recommendations of the committee are sum-
marized as follows:
"The effectiveness of the ALS supplementation by
the City requires consistent driver/EMT support.
Withdrawing City funds for paid ALS personnel would
jeopardize EMS delivery in Roanoke at the present
time.
Our view of the system leads us to conclude that
the agreements of November, 1984 with the rescue
squads need review.
We recommend that the City continue funding the
professional ALS Program.
We recommend that the City budget for a five per
cent pay raise for 17 ALS personnel on a full time,
regular basis.
The funding level be continued and that the cri-
teria for spending these monies be established such
as 24 hours a day; ALS response City-wide with
vehicle and driver/EMT.
That Council establish a committee which would con-
sult with advisors to establish criteria for spend-
ing these EMS funds for standardization of EMS
services throughout the City of Roanoke."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mrs. Bowles and adopted.
TRAFFIC: Council member Robert A. Garland, Chairman of the com-
mittee appointed by the Mayor to tabulate bids received for underground
traffic signal work at the intersection of Orange Avenue and King
Street, N. E., presented a written report on behalf of the committee
recommending that Council authorize the City Manager to enter into a
contractual agreement with New River Electrical Corporation, in the
amount of $34,112.75 and 45 consecutive calendar days construction
time, for installation of the traffic signal work; that Council
establish a contingency amount of $3,000.00, for a project total of
$37,112.75 in Account No. A08230191600; and that all other bids be
rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28156) AN ORDINANCE accepting the bid of New River Electrical
Corporation, for installation of certain underground traffic signal
facilities at Orange Avenue and King Street, N. E., upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 590.)
403
4O4
ACTION:
ACTION:
ACT[ON:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey 6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUSES-CITY PROPERTY: Ordinance No. 27117 authorizing the leasing
of certain City property at 12th Street and Campbell Avenue, S. E., to
the Greater Roanoke Transit Company upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, May 5, 1986, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28117) AN ORDINANCE authorizing the leasing of certain City pro-
perty at 12th Street and Campbell Avenue, S. E., to the Greater Roanoke
Transit Company upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 577.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey .... 6.
NAYS: None- O.
(Mayor Tayl or was absent.)
EASEMENTS-INDUSTRIES: Ordinance No. 28120 authorizing execution
and recordation of an instrument vacating a public utility easement
along the northerly property lines of the Cooper industries tract in
the Roanoke Centre for Industry and Technology, having previously been
before the Council for its first reading on Monday, May 5, 1986, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#28120) AN ORDINANCE authorizing execution and recordation of an
instrument vacating a public utility easement across certain property
owned by the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 578.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey- 6.
NAYS: None- O.
(Mayor Tayl or was absent.)
CITY CODE-TAXES: Mr. Garland moved that the following Ordinance
establishing new tax rates in the amount of $1.29 per $100.00 of
assessed value or fair market value for all real estate and improve-
ments thereon not exempt from taxation, for mobile homes and for all
real estate and tangible personal property of public service cor-
porations; effective July 1, 19B6, be placed upon its first reading:
I
4O5
(#28157) AN ORDINANCE amending and reordaining §32-16, Levied;
rate, subsection (a) of §32-104, Levied; rate, and §32-122, Levied;
rate, of the Code of the City of Roanoke' (1979), as amended; to
establish new tax rates for al! real estate and improvements thereon
not exempt from taxation, for mobile homes and for all real estate and
tangible personal property of public service corporations; and pro-
viding for an effective date for these tax rates.
(For ful! text of Ordinance, see Ordinance Book No. 49, page 593.)
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Vice-Mayor Harvey .............. 6.
NAYS: None .............
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS Of CITIZENS: NONE.
At 10:15 p.m., the Vice-Mayor declared the meeting in recess.
At 10:20 p.m., the meeting reconvened in the Council Chamber with
Vice-Mayor Harvey presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
HOUSING: The Vice-Mayor advised that there is a vacancy on the
Fair Housing Board created by the resignation of Charles A. Davis, for
a term of three years ending March 31, 1989, and called for nominations
to fill the vacancy.
Mr. Bowers placed in nomination the name of Harold L. Conaway.
There being no further nominations, Harold L. Conaway was elected
as a member of the Fair Housing Board for a term of three years ending
March 31, 1989, by the following vote:
FOR ~R. CONAWAY: Council members Bowers, Bowles, Garland, Musser,
Trout and Vice-Mayor Harvey ....... 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:25 p.m.
APPROVED
ATTEST:~~F
City C1 erk
406
REGULAR WEEKLY SESSION
May 19, 1986
2:00 p.m.
ROANOKE CITY COUNCIL
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, on Monday, May 19, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of ROanoke
'(1979), as amended
·
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ..................... 7.
ABSENT: None--- O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul's AME Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY EMPLOYEE-PUBLIC WORKS: The Mayor presented a proclamation
declaring May 18 - 24, 1986, as National Public Works Week in the City
of Roanoke, and presented the proclamation to Mr. William F. Clark,
Director of Public Works.
The Director of Public Works appeared before Council and advised
that certain employees in the Public Works Directorate were honored
during 1985-86 as "Employees of the Quarter" in recognition of meri-
torious service; whereupon, the City Clerk read the following names:
1st Quarter
Gary L. Hannabass, Maintenance Mechanic II
Robert T. Nance, Custodian II
Lewis J. Worrell, Construction Inspector
Sharon F. Jennings, Communications Dispatcher II
James A. Chewning, Motor Equip. Mechanic II
Melvin D. Poindexter, Sanitation Worker
Tony W. Foutz, Laborer/Operator
Building Maintenance
Custodial Maintenance
Engineering
Communications
Motor Vehicle Maint.
Refuse Collection
Street Maintenance
2nd Quarter
Walter R. Woodyard, Painter I Building Maintenance
John T. Lamonde, Jr., Security/Custodian Custodial Maintenance
Ronald L. ~mith, Building Inspector Building Inspections
CharJ.ie T. Drewery, Jr., Motor Equip. Mechani~ I) Motor Vehicle Maint.
Richard P. Lawrence, Parking Meter Mechanic Signal~ & Alarms
Columbus T. dennings, Motor Equip· Operator I Refuse Collection
James O. Borders, Crew Supervisor Street Maintenance
3rd Quarter
GJorge H. Lipscomb, Electrician
Selena D. Miller, Custodian II
Jack B. Woodson, Jr., Engineering Technician II
Mark A. Anderson, Motor Equip. Mechanic II
Calvin C. Sweeney, Communications Technician I
Willy E. Rucker, Sanitation Worker
Bobby G. Clark, Motor Equipment Operator II
Building Maintenance
Custodial Maintenance
Engineering
Motor Vehicle Maint.
Communications
Refuse Collection
Motor Vehicle Maint.
ACT[ON:
4th Quarter
Kenneth E. Self, Plumber Building Maintenance
Alice E. Hodge, Supervisor Custodial Maintenance
Ruth C. Armstrong, Assistant Zoning Administrator Building inspections
Harry G. Gailey, Motor Equipment Mechanic II Motor Vehicle Maint.
Howard D. Saunders, Jr., Signal Technician ! Signals & Alarms
James E. Vaughan, Sanitation Worker Refuse Collection
Gary L. Bowman, Signs Technician Street Maintenance
Mr. Clark advised that three employees were recognized to receive
a Meritorious Service Award in honor of a specific service rendered to
the City; whereupon, the Mayor presented Meritorious Service Awards
Certificates to:
Sharon Jennings, Communications Dispatcher
Howard D. Saunders - Signal Technician
Ronald Smith - Building Inspector
The Mayor advised that Mr. Willie E. Rucker has been named as
"Employee of the Year" in the Public Works Directorate. He said Mr.
Rucker is a 20 year employee with the City, he has demonstrated an
exceptional sense of duty and responsibility, he has been frequently
commended by his department and by the members of the public for the
excellent manner in which he performs his assigned tasks, he has an
outstanding attendance record and has not taken a day of sick leave in
the past five years.
Mr. Musser offered the following Resolution:
(#28158) A RESOLUTION recognizing Willie E. Rucker as Employee Of
The Year in the Public Works directorate.
(For full text of Resolution, see Resolution Book No. 49, page 594.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................ 7.
NAYS: None- O.
On behalf of the members of City Council, the City Manager and the
Public Works Directorate, the Mayor presented Mr. Rucker with a framed
copy of the above Resolution; an appropriately engraved plaque, and a
$100.00 savings bond.
407
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss the disposition of publicly
held property; and to discuss personnel matters relating to vacancies
on various authorities, boards, commissions and committees appointed by
Council.
ELECTiONS-COUNCIL: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmitting the following
certified copy of the abstract of votes cast in the General Election
held in the City on May 6, 1986, for three members of City Council, was
before the body.
408
ACTION:
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General election held on May 6, 1986,
FOR Member, City Council (3 seats)
Names of Candidates
Total Votes
Received
(In Figures)
Howard E. Musser
James O. Trout
Robert A. Garland
L. L. "Larry" Fenzel
Bern Ewert
John L. Hess
Robert E. Hess, Sr.
Timothy Leafy
Edna "Trudy" Wheeler
Gertrude Wheeler
Trudy Wheeler
C. G. Worthington
5,748
5,062
5,122
2,676
1
1
1
1
14
3
11
1
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
on May 6, 1986, do hereby certify that tile above is a true and correct
Abstract of Votes cast at said election and do therefore determine and
declare that the following received the greatest number of votes cast
in said election:
Howard E. Musser
Robert A. Garland
James O. Trout
for the office of Member, City Council.
Given under our hands this eighth day of May, 1986.
S/Melba C. Pirke¥
Melba C. Pirkey, Chairman
S/Charles T. Green
Charles T. Green, Vice Chairman
S/Alton B. Prillaman
Alton B. Prillaman, Secretary
A copy teste:
[SEAL] S/Alton B. Prillaman
Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and abstract of votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and abstract of votes be
received and filed. Tile motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................................. 7.
NAYS: None ..................................................... O.
CITY JAIL: A communication from Sheriff W. Alvin Hudson advising
that the Roanoke City Jail has been certified by the Board of
Corrections with an excellent performance level of 100% compliance with
all 181 minimum standards, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the communication be received and filed.
motion was seconded by Mr. Bowers and adopted by the following vote:
The
409
AYES: Council members Bowles, Garland, Harvey, Musser; Trout,
Bowers and Mayor Taylor ............... 7.
NAYS: None ...................
Oe
1
ACTION:
CITY TREASURER: A communication from Gordon E. Peters, Treasurer,
transmitting the April, 1986, Statement of 1985-86 revenue receipts for
the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None .......... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss the disposition of publicly held property,
pursuant to Section 2.1-344 ia) (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss the disposition of publicly
held property, pursuant to Section 2.1-344 ia) (2), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers a~d adopted
by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None ....... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 ia) (1), Code of Virginia (1950),
as amended, was before the body.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 ia) (1), Code of
Virginia {1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ............. O.
ACTION:
SCHOOLS: A report of qualification of Donald Bartol as a Trustee
of the Roanoke City School Board for a term of three years beginning
July 1, 1986, and ending June 30, 1989, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................. 7.
NAYS: None .......... O.
410
ACTION:
HUMAN RESOURCES: A report of qualification of Frank W. Feather as
a member of the Advisory Board of Human Resources for a term of four
years ending November 30, 1989, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
NAYS: None .........................
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES: A communication from Mr. Jay B. Lafler, CSM, Contract
Manager for the Prudential Insurance Company of America, owners of
Crossroads Consumer Mall, petitioning Council to waive the $6,707.81
tax penalty assessed against the property; advising that the tax
penalty assessment was made due to delay in the City of Roanoke
receiving payment of the first half of 1985-86 taxes on the property
which houses Crossroads Consumer Mall, was before the body.
Mr. Lafler appealed to Council to release the penalty as the
payment of taxes was not intentionally delayed; and the delay in sub-
mitting payment was the result of Goodman Segar Hogan experiencing
problems with a major computer conversion.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CELEBRATIONS-STADIUM: The City Manager submitted a written report
advising that the Old Dominion Barbecue Festival and Contest on June 20
and 21, 1986, is an all you can eat dinner of barbecued pork, beef,
chicken, lamb and seafood and a home and commercial barbecue contest,
both advertised through the state and produced in cooperation with the
Virginia Department of Agriculture and the various industry federations
of the aforementioned meat products; that the Country Livin' Festival
is planned for Victory Stadium and Armory on July 30, 31, August 1, 2
and 3, 1986, and is a fair-type event including carnival rides, crafts,
and Old MacDonald's Farm and country foods; that the criteria estab-
lished by Resolution No. 24982 for waiving fees for Victory Stadium's
use has been met as the committee has received tax exempt status noti-
fication; that net proceeds will be used by the Committee for ongoing
events; and public liability insurance, in the amount of $1,00D,000.00
per occurrence, is provided by the committee with a hold harmless
clause and a certificate of insurance is on file in the City Clerk's
Office.
The City Manager recommended that Council waive Victory Stadium
and Armory rental fees and grant concession rights to the Roanoke
Special Events Committee for the Old Dominion Barbecue Festival and
Contest, June 20 and 21, 1986, and the Country Livin' Festival on
July 30, 31, and August 1, 2 and 3, 1986.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following Resolution:
(#28159) A RESOLUTION waiving the standard rental fee for use of
certain City facilities for an Old Dominion Barbecue Festival and
Contest and a Country Livin' Festival and granting concession rights in
conjunction with such festivals.
(For full text of Resolution, see Resolution Book No. 49, page 594.)
Mrs. Bowles moved tile adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None. O.
BUDGET-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to purchase
of one new cab/chassis with knuckleboom crane.
The Bid Committee recommended that Council authorize purchase of
one truck cab/chassis from Berglund Chevrolet, for the total amount of
$17,376.50, and one new knuckleboom crane from Baker Equipment Engi-
neering Company, for the total of $11,231.00; that all other bids be
rejected; and that Council transfer $28,607.50 from Capital Maintenance
and Equipment Replacement Program to Street Department Account No.
A01411090010, to provide for the purchase.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28160) AN ORDINANCE to amend and reordain certain sections of
the 1985~86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 595.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................... 6.
NAYS: None O.
(Council member Bowers abstained from voting.)
Mr. Harvey offered the following emergency Ordinance:
(#28161)
knuckleboom
emergency.
AN ORDINANCE accepting bids for a new cab/chassis with
crane; rejecting other bids; and providing for an
(For full text of Ordinance, see Ordinance Book No. 49, page 596.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ........... 6.
NAYS: None ...................
(Council member Bowers abstained from voting.)
GRANTS-POLICE DEPARTMENT-TRAFFIC: The City Manager submitted a
written report advising that Council at its meeting on June 25, 1984,
authorized the City Manager by Resolution No. 27094 to execute a
Highway Safety Project Grant Application on behalf of the City of
Roanoke for submittal to the Roanoke City Transportation Safety
Commission regarding the improvement of high accident locations and
records; that the Roanoke City Transportation Safety Commission
approved and submitted this grant application, entitled "Minicomputer
411
412
for Traffic Engineering Services", to the Virginia Division of Motor
Vehicles - Transportation Safety Administration for review; that the
Transportation Safety Administration has been promoting the com-
puterization of traffic accident records, particularly targeting the
identification and improvement of high accident locations, through a
series of workshops statewide; and the current accident report
retrieval process from the Police Department for use by the City's
Engineering and Signals and Alarms Department can be improved substan-
tially by the acquisition of a computer as was described in the Highway
Safety Project Grant Application, which would ultimately improve
Roanoke City highway safety.
It was further explained that project funds totaling an estimated
$120,000.00 for computer hardware, software, programming and training
needs were to be shared on a fifty-fifty basis by Federal and City
Governments over a two year, two part application process; and Council
at its meeting on February 11, 1985, authorized the City Manager, pur-
suant to Resolution No. 27428, to execute the subject Safety Project
Agreement on behalf of the City, thereby accepting the grant in the
amount of $26,100.00 which is half of the initial $52,200.00 project
cost associated with the grant.
The City Manager advised that the computer industry, with its
rapidly accelerating advances in technology, has given City staff cause
to reconsider its approach to project hardware and software needs; that
the minicomputer proposed in the grant is now viewed as the higher cost
alternative to the computerization of high accident locations and
records; that the low cost alternative, which can also meet the project
goals and objectives basically includes three microcomputers and one
terminal, as well as traffic-related software; that adjustment of the
line items in this grant project has been requested of and prelimi-
narily approved by the DMV/TSA; that the amount of funds presently
obligated to this project is not affected; and grant application for
the second part of the grant project would not need to be filed, thus
holding the project funding total (city share and federal share) at
$52,200.00 instead of the previously estimated $120,000.00.
The City Manager recommended that Council concur with the proposal
of staff to submit revised hardware, software and personnel salary time
requirements for this project to the DMV/TSA for approval so that pro-
ject goals and objectives can be achieved at a lower overall cost than
was originally projected for the grant project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28162) AN ORDINANCE accepting the bid of International Business
Machines Corporation made to the City for furnishing and delivering
certain computer hardware, plus first year maintenance; rejecting all
other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 597.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................... 7.
NAYS: None .............. O.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-PLANNING: The Director of Finance presented a writ-
ten report advising that the Community Development Block Grant Program
is accounted for on the City's financial records by program year; and
five program years are currently appropriated.
ACTION:
ACTION:
Mr. Schlanger recommended that the three earliest Community
Development Block Grant years (B-81-MC-51-O020, B-82-MC-51-O020, and
B-83-MC-51-0020) be closed by reprogramming the unspent funds in those
program years to the next subsequent program year (B-84-MC-51-O020);
that tile funds being reprogrammed will be used for the same activities
for which they are currently appropriated; that reprogramming these
funds allows the City to maintain a maximum of three program years on
its records at any given time; that HUD allows localities to determine
the number of CDBG program years to retain on a locality's records; and
the amount of unspent funds being reprogrammed is as follows:
Program Year Amount
B-81-MC-51-O020 (FY81-82)
B-82-MC-51-O020 (FY82-83)
B-83-MC-51-O020 (FY83-84)
$111,277./5
227,287.21
112,463.49
$451,028.45
The Director of Finance recommended that Council close Community
Development Block Grant years B-81-MC-51-O020, B-82-MC-51-O020 and
B-83-MC-51-O020; and transfer unspent funds of $451,028.45 to Community
Development Block Grant year B-84-MC-51-O020 as shown on an accom-
panying budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28163) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 598.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None-- O.
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of April, 1986.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for painting
of the Carroll Avenue and Grandin Court No. I Water Tanks, presented a
written report on behalf of the committee, recommending that Council
authorize the City Manager to enter into a contractural agreement with
Charlotte Tank Lining Company to perform the work included in Bid Item
No. 2, in the amount of $18,167.00, with a construction time of 60 con-
secutive calendar days; that Council establish a project contingency of
$1,333.00, for a total construction cost of $19,500.00; and that
Council reject all other bid items and bids received.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
413
414
ACTION:
(#28164) AN ORDINANCE accepting the bid (Bid Item No. 2) of
Charlotte Tank Lining Co., Inc., of Mount Pleasant, North Carolina, for
exterior painting of Grandin Court No. 1 Water Tank, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting Bid Item Nos. 1, 3, and 4, and all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, pa9e 600.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None-
O®
AIRPORT: Council member Robert A. Garland, Chairman of a commit-
tee appointed by the Mayor to tabulate bids received for installation
of security fencing for Runway 23 at Roanoke Regional Airport, pre-
sented a written report on behalf of the committee, recommending that
Council award a contract to Nu-Valley Fence Company, in the amount of
$44,496.00, subject to F.A.A. approval; that the other bid be rejected;
and f.nds for the project will come from Runway Extension Grant AIP-02,
Airport Account No. A04511091900.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
ACTION:
(#28165) AN ORDINANCE accepting the bid of Nu-Valley Fence Co.,
for construction of a security fence at the Roanoke Regional Airport,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 600.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- ~7.
NAYS: None .... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTION:
ZONING: Ordinance No. 28138 rezoning a 4g-foot wide portion of
Lot 17, Section 6, Exchange Building and Investment Company Map (not
including a one-foot wide strip of land within such lot running adja-
cent to and parallel to Lot 16, Section 6, Exchange Building and
Investment Company), designated as Official Tax No. 1030215, from RG-2,
General Residential District, to C-1, Office and Institutional
District, having previously been before the Council for its first
reading on Monday, May 12, 1986, read and adopted on its first reading
and laid over, was again before the body, Mr. Bowers offering the
following for its second reading and final adoption:
(#28138) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 590.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
,ACTION:
ACT[ON:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............................ 7.
NAYS: None .......................... O.
ZONING-FLOODS: Ordinance No. 28139 amending the City's Flood
Boundary and Floodway Map and the Flood Insurance Rate Map, in order to
reflect more detailed studies made of the general area situated at the
northeast corner of the intersection of Wonju Street and Franklin Road,
S. W., having previously been before the Council for its first reading
on Monday, May 12, 1986, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28139) AN ORDINANCE to amend the City's Flood Boundary and
Floodway Map and the Flood Insurance Rate Map, in order to reflect more
detailed studies made of the general area situated at the northeast
corner of the intersection of Wonju Street and Franklin Road, S. W.
(For full text of Ordinance, see Ordinance Book No. 49, page 591.)
· .Mrs. Bowles moved the adoption of the Ordinance. The motion was
seGonded by Mr. Garland and adopted by the follo~hl~ ~ote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None-- O.
ZONING-FLOODS: Ordinance No. 28140 amending the City's Flood
Boundary and FloodwaL! Map and the Flood Insurance Rate Map, in order to
reflect certain changes made to the existing floodway in connection
with the development of the City's new Sports Complex, having pre-
viously been before the Council for its first reading on Monday, May
12, 1986, read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#28140) AN ORDINANCE to amend the City's Flood Boundary and
Floodway Map and the Flood Insurance Rate Map, in order to reflect cer-
tain changes made to the existing floodway in connection with the deve-
lopment of the City's new Sports Complex.
(For full text of Ordinance, see Ordinance Book No. 49, page 592.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None-- O.
CITY CODE-TAXES: Ordinance No. 28157 establishing new tax rates
for all real estate and improvements thereon not exempt from taxation,
for mobile homes and for all real estate and tangible personal property
of public service corporations in the amount of $1.29 per $100.00 of
assessed value or fair market value; effective July 1, 1986, having
previously been before the Council for its first reading on Monday,
May 12, 1986, read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#28157) AN ORDINANCE amending and reordaining §32-16, Levied;
rate, subsection (a) of §32-104, Levied; rate, and §32-122, Levied;
rate, of the Code of the City of Roanoke (1979), as amended; to
establish new tax rates for all real estate and improvements thereon
not exempt from taxation, for mobile homes and for all real estate and
tangible personal property of public service corporations; and pro-
viding for an effective date for these tax rates.
(For full text of Ordinance, see Ordinance Book No. 49, page 593.)
415
416
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................... 7.
NAYS: None ........... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:45 p.m.
APPROVED
ATTEST:
City Clerk
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
May 27, 1986
2:00 p.m.
417
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 27, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C.
Taylor ............... 6.
ABSENT: Council member James O. Trout
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
AUDITS-DIRECTOR OF FINANCE: The Mayor advised that he has been
informed through the Government Finance Officers Association that the
City's comprehensive annual financial report for the fiscal year ended
June 30, 1985, qualifies for a Certificate of Achievement for Excel-
lence in Financial Reporting, which is the highest form of recognition
in governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its manage-
ment.
The Mayor presented the Certificate of Achievement and the
Certificate of Achievement Plaque to Mr. Joel M. Schlanger, Director of
Finance, with appreciation on behalf of Council for a job well done.
BID OPENINGS:
ACTION:
ACTION:
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
Fire Station No. 2 roof replacement, Courtland Avenue at Noble Avenue,
N. E., said proposals to be received by the City Clerk until 1:30 p.m.,
on Monday, May 27, 1986, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk op~ned and read the
following bids:
BIDDER LUMP SUM BID
Valley Roofing Corporation
I. N. McNeil Roofing and Sheet
Metal Company, Inc.
$15,017.00
15,460.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Kit B. Kiser as members of the committee.
418
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter relating to potential litigation.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (lg50),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None ...........
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to potential litigation, pursuant
to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
potential litigation, pursuant to Section 2.1-344 (a) (6), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Tayl or ........ .6.
NAYS: None .......
O.
(Council member Trout was absent.)
HOUSING: A report of qualification of George A. McLean, Jr., as a
member of the Fair Housing Board for a term of three years ending
March 31, 1989, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None .......
(Council member Trout was absent.)
ACTION:
ANNEXATION/CONSOLIDATION: A co~nunication from Council member
David A. Bowers with regard to a status report from Valley First, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor .... 6.
NAYS: None ...... O.
(Council member Trout was absent.)
At 2:10 p.m., the Mayor declared the meeting in recess.
At 2:30 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
419
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS R~COMMENDED FOR ACTION:
SCHOOLS-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The
City Manager submitted a written report advising that Council has
appropriated $140,000.00 since 1981 for the Harrison School Project;
that Council has approved three contracts with TAP involving the
Harrison School project since 1981, totaling $140,000.00; and of the
$65,000.00 renovation contract, TAP signed a third party contract with
Fralin and Waldron for renovation work, in the amount of $34,210.00,
leaving a balance available of $30,790.00.
It was explained that in reviewing the TAP proposal for an addi-
tional $40,000.00 from the 1986-87 Community Development Block Grant
budget, City staff discovered that Fralin and Waldron had done work not
authorized by the City; that the work was not covered by third party
contracts with TAP; that the work was CDBG eligible costs and federal
regulations (such as the Davis-Bacon Act) were complied with; that
funds were available in TAP/City contract which expired on December 31,
1985, but not allocated, by contract, to Fralin and Waldron for the
work for which they are now seeking payment; and Fralin and Waldron has
not been paid for the work performed during the summer and fall of
1985.
The City Manager recommended that he be authorized to retroac-
tively amend the contract between the City and TAP to extend the
expiration date to August 31, 1986, and provide for work already done
by Fralin and Waldron up to the amount of the original contract, noting
that this will also mean that TAP must retroactively amend its contract
with Fralin and Waldron to cover the costs.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28166) AN ORDINANCE authorizing the execution of an amendment,
being Amendment No. 2, to a certain contract with Total Action Against
Poverty in Roanoke Valley, Inc.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 600.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
420
AYES: Council members Garland, Musser, Bowers, Bowles and Mayor
Taylor ....................... '- ....................................... 5.
NAYS: None ..................
(Vice-Mayor Harvey abstained from voting.) (Council member Trout was
absent.)
JUVENILE DETENTION HOME: The City Manager submitted a written
report advising that the City of Roanoke provides for the detention of
juveniles at the Juvenile Detention Home for the following jurisdic-
tions:
Salem City Botetourt County
Franklin County Roanoke County
Craig County Covington City
Bath County Clifton Forge City
Alleghany County
It was explained that agreements provide for the localities to pay
per diem rates equal to that set by the State Board of Corrections for
the board of State Wards, however, in recent years and especially since
the inception of the Block Grant funding, the State has failed to make
regular adjustments Lo per diem rates or to consider local costs of
facility amortization, facility maintenance, insurance and central ser-
vice costs; that the current per diem of $20.97 was set on May 14,
1984, based on one-third of the 1982-83 fiscal year personnel costs;
and this amount was an increase of 40.64% over the $14.91 the locali-
ties had been paying for the past four years.
It was further explained that the actual local per diem cost for
1984-85 was $32.00; that this amount was computed by totaling all costs
associated with operating the Juvenile Detention Home: 100% personnel
and fringes, 100% operational costs, 100% maintenance costs, 100%
central service costs distribution, and local construction costs amor-
tized over 30 years; that State block grant funds and funds from the
United States Department of Agriculture were deducted from the total;
that the remaining local City costs were divided by the total number of
bed days (utilization) to obtain the local cost per child per day; that
the loss of revenue in 1984-85 was $11.03 per child per day, for a
total loss of $15,122.13 for the 1,371 bed days of detention services
provided to contracting jurisdictions; and the Code of Virginia,
Section 16.1-314 and 16.1-322.4 provides for the payment and collection
of per diem charges based on reasonable local costs of maintaining a
child in the Juvenile Detention Home.
The City Manager recon~ended that he be authorized to notify con-
tracting jurisdictions that the rates in the existing contracts will be
increased as set out and described in his report under date of May 27,
1986; and that he be authorized to execute new contracts for the deten-
tion and boarding of juveniles at the Detention Home with the jurisdic-
tions of Salem City, Botetourt County, Franklin County, Roanoke County,
Craig County, Covington City, Bath County, Clifton Forge City, and
Alleghany County, in a form to be approved by the City Attorney, said
contracts to provide for:
Per diem of $32.00, effective on the first day of
July, 1986.
Per diem to be adjusted on January 1, 1987, and
each January 1 thereafter, to the actual amount of
the local per diem costs for the prior fiscal year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28167) AN ORDINANCE authorizing the execution of contracts with
certain other political subdivisions for use of the Roanoke Juvenile
Detention Home at Coyner Springs; setting the per diem rate for such
use; providing for the termination of existing contracts with those
jurisdictions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 601.)
421
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ................................. 6.
NAYS: None .................
(Council member Trout was absent.)
ZONING: The City Manager submitted a written report advising that
Ordinance No. 28088 rezoning property located at 2302 Colonial Avenue,
S. W., and 2311 Sanford Avenue, S. W., from C-1, Office and Institu-
tional District, to C-2, General Commercial District, was adopted by
Council on second reading on April 21, 1986; that the ordinance took
effect on May 1, 1986; that property located at 2302 Colonial Avenue,
S. W., was incorrectly identified in the petitioner's application and
in all subsequent documents during the rezoning process as Official Tax
No. 1271008; that the correct Official Tax No. for the property located
at 2302 Colonial Avenue, S. W., is No. 1271006; and the property was
properly described by its correct address in the application as well as
in all subsequent documents during the rezoning process.
The City Manager recommended that Council amend Ordinance No.
28088 to change the reference to Official Tax No. 1271008 to read Off-
icial Tax No. 12710D6.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28168) AN ORDINANCE amending Ordinance No. 28088, adopted
April 21, 1986, rezoning certain property within the City; subject to
certain conditions proffered by the applicants; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 601.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Tayl or ......... 6.
NAYS: None ............
O.
(Council member Trout was absent.)
SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with refer-
ence to the replacement of the communication system at the Wastewater
Treatment Plant.
The Bid Committee recommended that Council award the bid to Lee
Nartman & Sons, Inc., in the amount of $55,184.43.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28169) AN ORDINANCE accepting the bid of Lee Hartman & Sons,
Inc., for the installation of communication equipment at the Wastewater
Treatment Plant, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 602.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
422
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ...... 6.
NAYS: None ............. O.
(Council member Trout was absent.)
JAIL-MUNICIPAL BUILDING: The City Manager presented a written
report advising that Frantz and Chappelear, Architects, was employed as
architect for the additions and alterations to the former Courthouse
and Jail Building by Council on December 27, 1982; that the basic ser-
vices fee for this project was $154,000.00; that Change Order No. 1 was
issued to the basic services contract on April 8, 1985, for the sum of
$12,336.00 for the study of and production of contract documents for
the pedestrian walkway over Third Street and the related changes within
the Police Building, and this fee did not contain any provision for
contract administration.
It was explained that on April 6, 1986, John Chappelear died; that
he was the sole owner of Frantz and Chappelear, Architects, which was a
sole proprietorship, and the obligation of the firm ceased at that
time; that Curtis L. Ratliff and Charles M. Anderson, former employees
of the old firm, formed a new professional corporation known as Frantz-
Chappelear Associates, P. C. on May 8, 1986; that Mr. Ratliff has been
the project manager for this work and he and his new firm are the most
familiar with the project, its present status and the working rela-
tionship that has been established between his firm and the general
contractor, Branch and Associates; that Mr. Ratliff's architectural
seal was used on the original contract documents; and the new firm is
in the process of obtaining its own professional liability insurance
which would be mandatory for them to have before a contract could be
executed between the new firm and the City of Roanoke.
It was noted that the project at present is 74% complete; and the
City needs to employ the firm of Frantz-Chappelear Associates, P. C.,
to complete the contract administration of the former Courthouse and
Jail plus additional contract administration for the Third Street
Pedestrian Bridge and related work within the police building.
The City Manager recommended the following action:
That Council authorize the execution of an archi-
tectural/engineering services contract by the City
Manager, in a form acceptable to the City Attorney,
to Frantz-Chappelear Associates P. C. to complete
the contract administration of the former Court-
house and Jail Building for a fee not to exceed
$22,000.00, execution of the contract shall be sub-
ject to verification of professional liability
insurance being provided to the City of Roanoke
from the insurance carrier for Frantz-Chappelear
Associates, P. C.
That Council authorize the Director of Finance to
establish an account with Frantz-Chappelear Asso-
ciates, P. C., in the amount of $22,000.00, as fol-
lows:
Remainder of original basic services
contract ................................. $ 8,411.07
For additional services relating to contract admi-
nistration of Pedestrian Bridge and related work in
the police building from project contingency
account not to exceed .................... $13,588.93
Total $22,000.00
(For full text, see report on file in the City Clerk's Office.)
423
Mr. Garland offered the following emergency Ordinance:
(#28170) AN ORDINANCE accepting a certain proposal and awarding a
contract for architectural and engineering services for the former
Courthouse (Municipal North) Building and City Jail Building and
related work, upon certain terms and conditions; authorizing the proper
City officials to execute the requisite contract; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 603.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ............. 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
REPORTS OF COMMITTEES:
AIRPORT: Mr. Jack C. Smith, Chairman, Airport Advisory Commis-
sion, appeared before Council and presented a written report of the
Airport Advisory Commission concurring in a staff recommendation that
Council approve the conceptual design of the new airport terminal
building.
A staff report explained that Council authorized Delta Associates,
P. E., Inc., and Odell Associates to provide preliminary and conceptual
engineering and architectural services for terminal building additions
and alterations on January 14, lg85, at a cost not to exceed
$146,000.00; that Delta/Odell Associates during the past year have met
with officials of airlines that serve Roanoke, airport business mana-
gers and managers of federal agencies to obtain their input on space
and operational needs in a new terminal building; that a design cha-
rette program was held in the airport lobby in February, 1985, to
encourage citizen participation in planning a new terminal; that "hot
line" telephones were installed to allow citizens to call in their opi-
nions or ideas; that City and County officials have been briefed as
work has progressed on design concepts; and expansion or an addition to
the existing terminal was considered early in the conceptual design but
was eliminated primarily due to the constraint of future expansion.
It was noted that Delta/Odell Associates recommends a new terminal
location rather than an addition or expansion to the existing terminal;
and Council on February 11, 1986, approved an Airport Master Plan Study
that positions a new terminal building south of the existing terminal,
between Aviation Drive and Runway 33.
The staff recommended that the Airport Advisory Commission recom-
mend to City Council approval of the overall appearance and "T" design
of the proposed terminal; that the conceptual design be recommended for
approval by Council; and bid specifications have options of four and
six loading gates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28171)
Concept.
A RESOLUTION approving a new Airport Terminal Design
(For full text of Resolution, see Resolution Book No. 49, page 604.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles.
Mr. Musser expressed concern that not a great deal of emphasis has
been placed on design or accommodation for the commuter airlines. He
said he is concerned that these people may feel as though they are
second class citizens in an area where they are a very viable part of
the operation of the airport; whereupon, the City Manager advised that
every consideration will be given to Mr. Musser's concern.
424
Mr. Harvey expressed concern over the design and asked if there is
some way to separate incoming traffic to the terminal from outgoing
traffic rather than have people deplaning and enplaning in the same
general area. Mr. Kiser said the terminal building would be large
enough to allow for separation of enplaning and deplaning passengers;
and if this Council or a future Council would like to undertake the
expansion of a more sophisticated roadway system, the best time to do
so would be an option in the third phase of development inasmuch as it
would add a considerable expense at this time.
The City Manager advised that as the project design was reviewed
and as the needs of the community were weighed against the ability to
finance the project, a double loading area where one drives in at one
level and exists on another level was reviewed but the cost associated
therewith is in the $21/2 to $3~2 million range; that that option was
not eliminated strictly because of cost but on the basis of the recom-
mendation of the consultants who reviewed the actual demand on the
facility as to whether or not traffic would be a major problem. He
said if there is a desire of Council to have that option at some point
in the future to either accept or reject once the bids are in, that is
something that needs to be included in the design direction in the
early stages. Mr. Herbert said it can be done but it is a question of
money and justification.
Mr. Harvey advised there are three major problems at the airport
right now:
lack of counter space and baggage area, etc.
second level loading, and
congestion of traffic in and out of the airport.
He said the City is not addressing these problems in the proposed new
design any more than what is presently being done.
The City Manager responded that in terms of the actual separation
of traffic, presently there is a common, undefined area for arriving
and departing passengers and under the proposed design, there are two
specific different areas separated by a large area in between. He said
whether or not that is a 100% solution is open to debate, but it is the
most cost effective solution to address the matter short of going to a
full blown grade separation.
Following considerable discussion of the matter, Resolution No.
281/1 was adopted by the following vote:
AYES: Council members Garland, Bowers, Bowles and Mayor Tay-
lor ............................ 4.
NAYS: Council members Harvey and Musser ........................ 2.
(Council member Trout was absent.)
BUDGET-AIRPORT: The City Manager submitted a written report
advising that Council authorized Delta Associates P. E., Inc., and
Odell Associates to provide preliminary and conceptual engineering and
architectural services for terminal building additions and alteration
on January 14, 1985, at a cost not to exceed $146,000.00 (actual cost
incurred was $142,583.37); that City and County officials have been
briefed as work progressed on design concepts; that Delta/Odell Associ-
ates have completed the conceptual design phase; and the FAA has ap-
proved a tentative allocation of funds, in the amount of $1,902,006.00,
for Terminal Development and Facilities, Engineering and Design, Land
Acquisition and Site preparation.
It was explained that the contract between the City and Delta
Associates P. E., Inc., needs to be amended to allow the design of the
new terminal building and related facilities.
The City Manager recon~ended that Council take the following
action:
425
Authorize the City Manager to amend the contract
with Delta Associates P. E., Inc., in a form
approved by the City Attorney and the Federal
Aviation Administration not to exceed $941,300.00
for the design of the new terminal building.
Authorize appraisal work on the property to be
acquired at a cost not to exceed $10,000.00.
Appropriate from the 1985 Public Improvement Bond
Series designated for airport expansion $948,883.37
to the Terminal Building Additions/Alterations
Account No. A04511092901, as follows:
$941,300.00
- 2,416.63
10,000.00
Design Services
Already appropriated and not used
in the conceptual design phase
Appraisal for land
$948,883.37
Authorize the City Manager to execute Grant Agree-
ments made by the FAA and the Virginia Department
of Aviation related to the terminal development.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28172) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 611.)
ACT[ON:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland.
Mr. Harvey raised question as to financial planning, advising
that he does not know how Council can vote on a project when it does
not know exactly how much the project will cost the City.
The Director of Utilities and Operations said he could provide
Council with a range of 0 to $10 million, advising that he could answer
the question more specifically after the design is completed so that
the City will have something it can bid, that it will allow the City to
take the bids to the Federal Government to determine how much federal
and state money can be obtained and it will also enable the City to
negotiate with the airlines.
The City Manager advised that Mr. Harvey asked the same question
he has asked repeatedly. He said Council's approval is requested to
talk with officials of the FAA, the state, and the airlines concerning
the amount of funding they may be willing, given more exact figures to
participate in.
Mr. Herbert presented a best and worst case scenario regarding
funding as follows:
Best Worst
FAA $ 9.70 $ 2.70
State .80 .15
State (extra) 2.00 .00
Airlines 1.00 .00
Salem 1.00 1.00
Old bonds 1.40 1.20
Revenue support 5.00 5.00
$20.9O $10.05
426
ACTION:
ACTION:
ACTION:
Mr. Harvey said that under the best scenario the city needs $8.9
million of local funds and under the worst scenario it would need $12
million. He asked the Director of Finance if the City could find $12
million to build the terminal if necessary; whereupon, Mr. Schlanger
advised that the funds could be found if the City sets aside a large
number of other priorities, noting that the City has the capacity of
bonding far in excess of $12 million, but the number one question is,
is there going to be an airport commission and is there going to be a
sharing of the $12 million?
Upon question as to the position of the Director of Finance in
regard to funding, Mr. Schlanger advised that the process is compli-
cated because the City does not know how much the project is going to
cost; that for the City to determine whether or not the project is
going to be $20.9 million in the best scenario or $10.05 in the worst
scenario involves getting the airport designed and approved and sent
formally to the FAA and the State, and with that document in hand, the
City will have something with which to negotiate.
Following considerable discussion of the matter, Ordinance No.
28172, as an emergency measure, was lost by the following vote:
AYES:
lor ......
Council members' Garland, Bowers, Bowles and Mayor Tay-
NAYS: Council members Harvey and Musser ........................ 2.
(Council member Trout was absent.)
Mr. Garland moved that Ordinance No. 281/2 be considered without
the emergency clause. The motion was seconded by Mrs. Bowles and
adopted.
Mrs. Bowles moved that the following budget Ordinance be placed
upon its first reading:
(#27172) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance.
(For full text of Ordinance, see Ordinance Book No. 49, page
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Bowers, Bowles and Mayor Taylor-4.
NAYS: Council member Harvey ---1.
(Council member Trout was absent.)
the Council Chamber.)
(Council member Musser was out of
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28173) AN ORDINANCE authorizing the appropriate City officials
to enter into an amendment to the contract with Delta Associates P. E.,
Inc. for design of a new airport terminal building and related facili-
ties; authorizing the appropriate City officials to execute grant docu-
mentation with the Federal Aviation Administration and the Virginia
Department of Aviation for airport teminal development and related
facilities.
(For full text of Ordinance, see Ordinance Book No. 49, page 611.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES:
lor-
Council members Garland, Bowers, Bowles and Mayor Tay-
NAYS: Council members Harvey and Musser .........
(Council member Trout was absent.)
ACTION:
ACTION:
BUDGET-BRIDGES: Council member Robert A. Garland, Chairman of the
committee appointed by the Mayor to tabulate bids received for rehabi-
litating the deck of the Main Street Bridge (Wasena) over Roanoke River
and N & W Railway, presented a written report on behalf of the commit-
tee, recommending that Council award the contract to Lanford Brothers
Company, [nc., in the amount of $339,952.00 and establish a contingency
in the amount of $20,000.00; that Council transfer $359,952.00
(includes base bid plus contingency) from the Public Improvement Bond -
Series 1985 - Streets and Bridges Account No. A08310172802 into an
acccount to be designated by the Director of Finance; and that other
bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the followin9 emergency budget Ordinance:
(#28174) AN O~DINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 604.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ..... 6.
NAYS: None- O.
(Council member Trout was absent.)
Mr. Garland offered the followin9 emergency Ordinance:
(#28175) AN ORDINANCE accepting the bid of lanford Brothers
Company, Inc., for deck replacement of the Main Street Bridge over the
Roanoke River and railway tracks, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 605.)
Mr. Garland moved the adoption of the Ordinance. lhe motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES:'%~ou~c~l members Garland, Harvey, ~i~s's~r,' Bowgrs, B~/1..es and
Mayor Tayl or ........... 6.
NAYS: None ...... O.
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:50 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
427
428
YOUTH: The Mayor advised that the three year term of Margaret C.
Martin as a member of the Youth Services Citizen Board will expire on
May 31, 1986, and called for nominations to fill the vacancy.
Mr. Musser placed in nomination the name of Margaret C. Martin.
There being no further nominations, Margaret C. Martin was
reelected as a member of the Youth Services Citizen Board for a term of
three years ending May 31, 1989, ~y the following vote:
ACT[ON: FOR MRS. MARTIN: Council members Garland, Harvey, Musser, Bowers,
Bowles and Mayor Taylor- 6.
(Council member Trout was absent.)
LIBRARIES: The Mayor advised tllat there is a vacancy on the
Roanoke Public Library Board created by the resignation of Elizabeth M.
Drewry, for a term ending June 30, 1988, and called for nominations to
fill the vacancy.
Mrs. Bowles placed in nomination the name of Frank Eastburn.
There being no further nominations, Frank Eastburn was elected as
a member of the Roanoke Public Library Board for a term ending June 30,
1988, by the following vote:
ACTION: FOR MR. EASTBURN: Council members Garland, Harvey, Musser,
Bowers, Bowles and Mayor Taylor ............... 6.
(Council member Trout was absent.)
ACTION:
COMMITTEES-HOUSING: Mr. Bowers moved that Council deem the absen-
ces of Ronald O. Crawford from three consecutive meetings of the Board
of Commissioners of the Roanoke Redevelopment and Housing Authority,
due to temporary disability from which he has now recovered, constitute
exigent circumstances from which the provisions of Section 2-283.1 of
the Code of the City of Roanoke, 1979, relating to vacancies in office
shall be waived, retroactive to May 25, 1986. The motion was seconded
by Mr. Harvey and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:47 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
429
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 2, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 2, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Robert A. Gar]and, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers and Mayor Noel C. Taylor .... 6.
ABSENT: Council member Elizabeth T. Bowles
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Jesse A. Hall, Administrator of City Accounting Services; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Re Reverend Elmo McLaurin,
Minister of Education, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
CITY JAIL: Pursuant to notice of advertisement for bids for
Roanoke City Jail pod addition, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, June 2, 1986, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID ALT. I ALT. 2
Thor, Inc.
Branch & Associates, Inc.
S. Lewis Lionberger Company
Acorn Construction, Ltd.
$712,800.00
715,000.00
725,800.00
738,000.00
-$23O,70O.00
- 227,000.00
- 232,000.00
- 239,000.00
-$196,200.00
- 210,500.00
- 182,000.00
- 199,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr. and Kit B. Kiser as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for new Crib Walls, Lagoons 4 and 5, at the Water Pollution
Control Plant, said proposals to be received by the City Clerk until
1:30 p.m., on Monday, June 2, 1986, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER LUMP SUM BID
Dixon Contracting, Inc.
Boxley Construction Company
S. C. Rossi & Company
$65,900.00
77,378.O0
79,119.00
43O
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council; a legal matter pertaining to potential
litigation; and a contractual matter.
MINUTES: Minutes of the special meeting of Council held on
Monday, May 5, 1986; the regular meeting held on Monday, May 5, 1986;
and the special meeting held on Monday, May 12, 1986, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........... 6.
NAYS: None ................ O.
(Council member Bowles was absent.)
HOUSING: A communication from Mayor Noel C. Taylor advising of
the appointment of Council members James O. Trout and David A. Bowers
as ex-officio members on a Downtown Housing Task Force, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed and
that Council concur in the appointments. The motion was seconded by
Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........ 6.
NAYS: None .......
(Council member Bowles was absent.)
O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from the
Reverend William L. Lee tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ......... ---6.
NAYS: None ........ . ........O.
(Council member Bowles was absent.)
ACTION:
ACTION:
ACTION:
HUMAN RESOURCES: A communication from David H. Sayles tendering
his resignation as a member of the Advisory Board of Human Resources,
effective August 1, 1986, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........... 6.
NAYS: None ...... O.
(Council member Bowles was absent.)
COMPLAINTS-TRAFFIC-STATE HIGHWAYS: Mr. O. J. Cales, 530 Fieldale
Avenue, N. E., having appeared before Council on Monday, March 3, 1986,
and expressed certain concerns with regard to conditions associated
with the daily operations of Lawrence Transfer and Storage Corporation,
located at 2727 Hollins Road, N. E., the City Manager submitted a writ-
ten report advising of the following corrective actions:
Installation by Lawrence Transfer of an additional
parking lot upon the premises.
Improve utilization of the existing Lawrence Trans-
fer parking lot.
Installation by Lawrence Transfer of a wider turn-
ing radius at the north side of the Lawrence Trans-
fer entranceway onto Hollins Road, N. E.
Relocation by the utility companies of two utility
poles at intersectional corners to provide addi-
tional needed turning radius.
Corrective action has been taken to ensure the
overall improvement in the operating efficiency of
the Lawrence Transfer alarm systems.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor-- 6.
NAYS: None .........
(Council member Bowles was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
March 24, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ......... 6.
NAYS: None ..........
Oe
(Council member Bowles was absent.)
431
432
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 ia) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 ia) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor T~'!~r ............................... 6.
NAYS: None-- O.
(Council member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter pertaining to potential litigation,
pursuant to Section 2.1-344 ia) (6), Code of Virginia (1950), as
amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter per-
taining to potential litigation, pursuant to Section 2.1-344 ia) (6),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor .................................... 6.
NAYS: None ..............
(Council member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to a prospective business or
industry where no previous announcement has been made, pursuant to
Section 2.1-344 ia) (4), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
a prospective business or industry where no previous announcement has
been made, pursuant to Section 2.1-344 {a) (4), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ............ 6.
NAYS: None ........ O.
(Council member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
433
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-VICTIM/WITNESS/JUROR PROGRAM: The City Manager submitted a
written report concurring in a report of the Commonwealth's Attorney
regarding appropriation of funds for reclassification and salary
increase for the Victim-Witness Coordinator.
It was explained that on October 24, 1985, the City Manager
approved the new classification of the Victim-Witness Coordinator; that
in November, 1985, the Victim-Witness Coordinator received a salary
increase retroactive to September 18, 1985; and funds are available in
the Commonwealth's Attorney's fiscal year 1985-86 budget as Extra Help
to provide the additional expense of the salary increase.
The Commonwealth's Attorney recommended and the City Manager
concurred that Council authorize a transfer of $3,108.00 from the
Commonwealth's Attorney's budget, Extra Help, to the following accounts
in the Victim-Witness Grant budget:
A35510910002 $2,885.00
A35510911010 206.00
A35510911015 17.00
(Salaries ,~ Wages)
(Employer FICA)
(B/C - BlS)
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following ~ergency budget Ordinance:
ACTION:
(#28176) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grants Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 606.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor .................................................. 6.
NAYS: None ............................................
(Council member Bowles was absent.)
BUDGET-LAW LIBRARY: The City Manager submitted a written report
advising that the Law Library is used by members of the Roanoke Bar
Association, City Judges, Commonwealth's Attorney's Office, City
Attorney's Office and the general public; and the City Code, Section
18-30, was amended to increase from $2.00 to $3.00 the assessment of
costs for support of the Law Library, incident to civil actions or
suits filed in courts in the City.
It was explained that the Law Library revenue for 1985-86 was
estimated to be $71,450.00 but may exceed $75,000.00 ($63,955.00
collected through April 30); that the Law Library is requesting that an
additional $3,550.00 be appropriated to its budget for fiscal year
1985-86 to be used for the purchase of books and publications as only
$74.49 remains in that account, and estimated revenue will be increased
by the same amount.
The City Manager recommended that Council appropriate $3,550.00 to
the Law Library budget and increase the 1985-86 revenue estimate from
court filing fees to $75,000.00.
(For full text, see report on file in the City Clerk's Office.)
434
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance:
(#28177) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 607.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ..................... 6.
NAYS: None ............... O.
(Council member Bowles was absent.)
REPORTS OF COMMITTEES:
BUDGET-MUNICiPAL BUILDING: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for office furniture for Municipal North, presented a written
report on behalf of the committee, recommending that Council authorize
the City Manager to enter into a contractual agreement with Harris
Office Furniture Company, Inc., in the amount of $204,855.00 and with
Herman Miller, Inc., through the State of Virginia purchase agreement,
in the amount of $50,740.99, with a delivery and installation time of
128 consecutive calendar days, and establish a project contingency of
$13,421.61, for a total of $269,017.60.
It was further recommended that Council authorize the transfer of
$119,000.00 from CMERP; appropriate $115,648.00 to the Capital Projects
Fund to an account to be established by the Director of Finance;
appropriate $3,352.00 to the Internal Service Fund Capital Outlay
Account of C.I.S. and $30,000.00 from Retained Earnings; that the
Director of Finance be authorized to establish an Accounts Receivable,
in the amount of $120,107.60, from the State of Virginia for reimbur-
sement and appropriate $120,017.60 to the account above established;
and that the other bid be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28178) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General, Capital and Internal Services Funds Appropria-
tions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 607.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........... 6.
NAYS: None .............
(Council member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28119) AN ORDINANCE accepting a bid made for providing certain
office furniture to the City; rejecting other bids; authorizing the
purchase of certain other office furniture by utilizing the Common-
wealth of Virginia's contract with a certain vendor; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 609.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
435
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... ' ......6.
NAYS: None--
ACT[ON:
ACTION:
(Council member Bowles was absent.)
AIRPORT: A report of the Airport Advisory Commission advising
that the 1986 air show and second annual balloon race is scheduled to
be held on September 12 - 14, 1986, and recommending Council's approval
of the dates, assuming that proper procedures for the contract and
insurance requirements are followed, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mr. Musser and adopted.
AIRPORT: A report of the Airport Advisory Commission recommending
approval of FAA Lease Agreement No. DTFAO5-87-L-61021 for the naviga-
tional aid component of the Instrument Landing System on Runway 33 at
Roanoke Regional Airport, for the period October 1, 1986, through
September 30, 1987, with unilateral renewal rights until 2006, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28180) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease agreement with the United States of America for a
localizer antenna structure at the Roanoke Regional Airport, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 612.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Tayl or- 6.
NAYS: None ....
(Council member Bowles was absent.)
AIRPORT-TRAFFIC-CITY CODE: A report of the Airport Advisory
Con~nission concurring in a staff report with regard to increasing the
amount of fines for certain parking violations at the airport, was
before Council.
The staff report noted that a parking fine for all illegal parking
at Roanoke Regional Airport is $2.50; that passengers and employees
aware of the low penalty for parking violations are abusing time
limits, parking in loading zones and restricted parking areas; that the
long term parking lot fee is $3.50 per day and drivers are not adverse
to paying a $2.50 fine for the convenience of parking close to the ter-
minal or other convenient parking on the airport complex; and automo-
tive traffic congestior is a problem during peak air traffic hours in
the vicinity of the terminal and illegal parking impedes traffic flow.
The staff recommended and the Commission concurred in the follow-
ing fines:
No parking $ 5.00
Loading zone 5.00
Blocking traffic 5.00
Restricted parking 5.00
Overtime parking 5.00
Handicap 10.00
(For full text, see report on file in the City Clerk's Office.)
436
The Director of Utilities and Operations appeared before Council
and requested that the effective date of the proposed fines be
August 1, 1986, which will allow sufficient time to obtain the neces-
sary forms.
Mr. Trout offered the following emergency Ordinance, as amended,
with an effective date of August 1, 1986:
(#28181) AN ORDINANCE amending and reordaining subsection (b) of
§4-7, Same - Same - Parkin~ violations, of the Code of the City of
Roanoke (1979), as amended, to provide for new minimum fines for
parking violations at the Roanoke Regional Airport; and providing for
an emergency and effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 610.)
ACTION: Mr. Trout moved the adoption of the Ordinance, as amended. The
motion was seconded by Mr. Musser.
Mr. Musser referred to the proposed fine of $10.00 for illegal
parking in a handicapped parking space. He said the fine should be
even higher and recommended that the fine be increased to $25.00.
ACTION:
The City Manager expressed concurrence in Mr. Musser's suggestion;
whereupon, Mr. Musser moved that the Ordinance be amended to provide
for a fine of $25.00 for violation of parking in a handicapped parking
space. The motion was seconded by Mr. Trout and adopted.
Ordinance No. 28181, as amended, with the addition of an effective
date of August 1, 1986, and a $25.00 fine for illegal parking in a han-
dicapped parking space, was adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor .............. 6.
NAYS: None--- O.
(Council member Bowles was absent.)
Mr. Trout requested that the City Manager investigate and provide
Council with a report regarding illegal parking in designated handicap-
ped parking spaces throughout the City.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-AIRPORT: Ordinance No. 28172 amending and reordaining cer-
tain sections of the 1985-86 Airport Fund Appropriation Ordinance, pro-
viding funds with regard to the conceptual design of the proposed new
airport terminal building, having previously been before the Council
for its first reading on Tuesday, May 27, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#28172) AN ORDINANCE amending and reordaining certain sections
of the 1985-86 Airport Fund Appropriation Ordinance.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 611.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council members Garland, Bowers and Mayor Taylor ......... 3.
NAYS: Council members Harvey, Musser and Trout
(Council member Bowles was absent.)
AIRPORT: Ordinance No. 28173 authorizing the appropriate City
officials to enter into an amendment to the contract with Delta
Associates P.E., Inc. for design of a new airport terminal building and
related facilities; and authorizing the appropriate City officials to
execute grant documentation with the Federal Aviation Administration
and the Virginia Department of Aviation for airport terminal develop-
ment and related facilities, having previously been before the Council
for its first reading on Tuesday, May 21, 1986, read and adopted on its
first reading and laid over, was again before the body.
,m
ACTION:
ACTION:
ATTEST:
Mr. Bowers moved that action on the matter be deferred until a
future meeting of the Council. The motion was seconded by Mr. Garland
and adopted, Council members Harvey and Musser voting no.
MOTIONS AND MISCELLANEOUS BUSINESS:
437
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
TAXES-LICENSES: Council member Bowers called attention to the
long line of citizens standing in front of the Municipal Building last
week to pay their personal property taxes and purchase their automobile
decals. He alluded to the fact that an earlier filing date for personal
property may alleviate some of the problem, and offered the following
suggestions for consideration by the City Manager, Commissioner of
Revenue and City Treasurer:
payment at local banks,
staggered days upon which citizens from a certain
range of the alphabet could pay their taxes, and
move the collection facility to the Exhibit Hall of
the Roanoke Civic Center where parking is free and
citizens would be under roof.
Mr. Bowers moved that the City Manager, Commissioner of Revenue
and City Treasurer be requested to study the matter and report to
Council with regard to the above suggestions and any other suggestions
for improvement of the current procedure relating to payment of per-
sonal property taxes and decal purchase. The motion was seconded by
Mr. Trout and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Bowles.
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
APPROVED
City Clerk
Mayor
438
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 9, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 9, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor .......... 7.
ABSENT: None ....
Oe
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by Father Willimn L. Gardner, Our
Lady of Nazareth Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Cove Road storm drain and sanitary sewer, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, June 9, 1986,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER -. j-.;
Aaron'J. Conner General
Contractor, Inc.
S. C. Rossi & Company,
Inc.
J. P. Turner Brothers,
Inc.
E. C. Pace Company, Inc.
Branch & Associates, Inc.
BASE BID ALT. I ALT. 2
. ;.~ , · ~
$333,861.46 $32,583.00 $22,692.00
342,709.50 41,930.00 23,790.00
345,600.00 39,087.00 23,790.00
369,481.00 39,020.00 22,692.00
480,438.00 31,700.00 32,940.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 9, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Garland O. Bowman that a
tract of land lying adjacent to the South Roanoke Mobile Home Park on
Van Winkle Road, S. W., contai,ling 11.74 acres, and designated as Offi-
439
cial Tax No. 5460103, be rezoned frmn RS-3, Single-Family Residential
District, to RG-1, General Residential District, subject to certain
proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday, May 23,
1986, and Friday, May 30, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that expansion of the mobile home park will serve
to meet the housing needs of young families and elderly homeowners;
that proffered conditions, particularly the limit on the number of
units and buffering, should make this development compatible with the
surrounding area; and the Zoning Administrator has recommended that the
petitioner provide a bond agreement for the completion of certain prof-
fered conditions included in the petition, was before Council.
(For full text, see report on file in the City Clerk's Office.)
The Zoning Administrator submitted a written report advising that
pursuant to Section 36-555 (2) (3), Code of the City of Roanoke (1979),
as amended, he is recommending a bond of security be required in the
above request, as follows:
Landscaping in accordance with amended
proffer of conditions, May 7, 1986.
$10,000.00
Site improvement to upgrade existing
road through park to 18 feet in width.
Speed bumps to be provided.
$10,000.00
m
The Zoning Administrator advised that it will be his responsibi-
lity to release said guarantee upon the submission of satisfactory evi-
dence that such conditions have been met, and a reasonable time for
completion of the work shall be agreed upon by the Zoning Administrator
and the developer.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that several
owners of property adjacent to and in the vicinity of the subject pro-
perty have signed a petition opposing the rezoning; and the petition
raises the issue of whether Section 62(5) of the Roanoke City Charter
applies to this rezoning, which in pertinent part provides as follows:
"Such regulations, restrictions, and boundaries may
from time to time be mmended, supplemented,
changed, modified, or ~epealed. In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
or those immediately adjacent in the rear thereof,
or of those directly opposite thereto, such amend-
ment shall not become effective except by the
favorable vote of five-sevenths of all the members
of the Council."
Mr. Dibling explained that according to the City's Official Tax
Map, there are nine parcels of land adjacent to the property which is
the subject to the rezoning, Official Tax No. 5460103; that the owners
of four of the adjacent parcels have signed the petition protesting the
rezoning; that one of the two record owners, Walter Tyree, of Official
Tax No. 5460106 also signed the petition, but the other owner of
record of this parcel, Louise Puckett Tyree, who owns this parcel with
her husband as tenants by the entirety, did not; and his office has
consistently been of the opinion that in the context of Section 62(5)
of the City Charter, the signature of all owners of record of property
jointly owned are necessary on a protest petition in order for the
owners of the parcel to be included in the category of protestation.
44O
The City Attorney advised that in his opinion, the owners of the
four parcels adjacent to the property to be rezoned who have signed the
petition in this case have more than met the requirement that twenty
per cent of the owners of the lots immediately adjacent to the rear, or
of those directly opposite the subject property, sign such a petition
in order to invoke the five-sevenths rule; and given the above, he must
conclude that the ordinance to effect the proposed rezoning cannot
become effective except by the favorable vote of at least five m~nbers
of Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 546, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant."
ACTION:
The motion was seconded by Mr. Bowers.
A communication from Mr. and Mrs. Michael D. Bishop, 4513 Narrows
Lane, S. W., advising that residents of the community cannot understand
how the Planning Commission could have given this request a unanimous
approval when there were so many unanswered questions and so little
information presented by Mr. Buford Lumsden, who represented Mr. Bow-
man, was before Council.
It was noted that the physical expansion of the trailer park is
going to affect their community in two major ways: (1) increase the
storm water run-off to the area of Narrows Lane which is already over
capacity during storms; and (2) increase danger on Old Rocky Mount Road
and Narrows Lane while moving fourteen foot wide trailers into and out
of the park. It was stated that residents deserve answers to certain
specific questions prior to Council taking a position on the request.
(For full text, see communication on file in the City Clerk's Office.)
A communication from Mr. and Mrs. David A. loLL, 4542 Old Rocky
Mount Road, S. W., advising that their property adjoins the site where
Mr. Bowman proposes to locate approximately 44 trailers and a "water
retention pond"; that the retention pond would be located less than 200
feet away from and 20 feet higher than their home; that Mr. Bowman's
engineer was unable to tell them how large the pond would have to be,
where the spill over from it will go during heavy rains or flood situa-
tions, or how water will flow to it 1,000 feet down a 20 per cent
sloped hill and all go into the pond; that the pond is designed to hold
a "ten year storm" and in the recent past we have had several storms
bigger than this including the "100 year storm" which came in November,
1985; and another concern is the proximity of the pond to their family
and others who have small children, was before Council.
Mr. and Mrs. Iott expressed concern that Narrows Lane is very
narrow (13.9 - 15 feel wide) and there is a very sharp turn that must
be made to get the trailers from Old Rocky Mount Road to Narrows Lane
and onto Van Winkle Road; that Mr. Bowman has proposed to back
14 ft. x 70 ft. trailers a quarter mile up Old Rocky Mount Road in
order to be able to locate the trailers in the park and they question
the safety of this procedure. They expressed other concerns which
include an imediate decrease in property value estimated to be about
$8,000.00 once trailers are located next to them.
(For full text, see communication on file in the City Clerk's Office.)
A petition signed by 33 residents of Old Rocky Mount Road, Narrows
Lane, Hillendale Drive, Van Winkle Road and Cresthill Drive, in opposi-
tion to the request for rezoning, was also before Council.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Buford T. Lumsden, representing Mr. Bowman, appeared before
Council and stated that the petitioner believes the rezoning of the
tract of land will further the intent and purpose of the City's Zoning
Ordinance and Comprehensive Plan in that it will allow for the orderly
expansion of the existing mobile home park. He said the petitioner
proffers the following conditions to the rezoning:
,!
Property owners have requested the property to be
used as a mobile home park and will petition the
Board of Zoning Appeals for this special exception
within the RG-1 residential district;
Existing trees along the south and east boundary of
the tract will remain in place;
A 20 foot buffer zone will be provided for main-
taining and augmenting vegetation where needed
along the south and east boundary, new plantings
will consist of white pines;
Entranc, e road through the.existing park will be up-
graded to 18 feet in width' to provide good roadway
access to the proposed mobile home addition;
Speed bumps will be installed;
Existing access road located along the southeast
boundary of the petitioned property will not be
used for ingress and egress;
A stop sign will be erected at the intersection of
the entrance road and Van Winkle Road to facilitate
greater control of traffic exiting from the park;
The mobile home addition will have a maximum of 45
new units;
Property will revert back to RS-3 zoning if con-
struction of the project has not started within a
period of one year following the availability of
city water; and
Property will be developed in substantial compli-
ance with the site plan dated March 12, 1986, and
the petitioner agrees to modify the sewage plan to
accommodate Roanoke City site plan requirements.
Mr. Lumsden said Mr. Bowman has ~already implemented and will con-
tinue t6 update~nd improve rules: ~nd "regul ations regarding compulsory
underpinning, parking, responsibility for guests and other related mat-
ters. He stated that meetings have been held individually and collec-
tively with property owners and an honest effort has been made to show
property owners that he wants to expand the park in an orderly and
proper manner. He added that since the Bo~anans have held ownership
they have done a number of things to upgrade the park and will continue
to do so.
Mr. Lumsden said storm water is intended to be collected and
brought to a retention pond, the increased run-off will be detained and
discharged down an access road, the exact terms of which have not been
worked out but will be worked out with the site plan which is required
to be approved by the City Engineer. He explained that they have
progressed far enough to know that the retention pond will tmrk.
Mr. Lumsden noted that traffic was studied in 1982 and there was
no problem found with traffic along Rocky Mount Road in that the capa-
city of the road far exceeded the daily average count; that new traffic
generated by the mobile home park would be about 22S, the present traf-
fic from the existing mobile home park is about 255 and this is based
on five trips per day per unit. He said the property as it is pre-
sently zoned, if it were developed into single family homes, would pro-
duce about two times that much traffic when one calculates ten trips
per day per single family home whereas a mobile home is calculated at
five trips per day; therefore, new traffic generated would be less
under the proposed rezoning than. i~s ~urrent zoning. He added that
there is no problem as far as traffic is concerned except at the inter=
section of Van Winkle Road where it ties into Narrows Lane, noting
there is a rather sharp curve at that location and it is difficult to
get the mobile homes in and out, but it has been done and it can be
done with proper coordination. He said refuse is collected by City
trucks, and there is ample capacity for new pupils in the schools.
441
442
In conclusion, Mr. Lumsden said it is the intent of the petitioner
to provide housing opportunities in an attractive and quiet environ-
ment; and there is no question that there is a need and a demand for
this type of housing. He explained that the plan submitted provides a
good and proper use of the land, it will be an enhancement to the
neighborhood and will conform to the City's Comprehensive Plan. He
stated that the request was approved by the City Planning Commission
and requested approval by Council.
Council members requested that Mr. Lumsden go into more detail
about the retention pond and what effect it would have on adjoining
property owners; whereupon, Mr. Lumsden advised that the standard
method of designing a retention pond is to design it for a ten year
storm and a spillway for a fifty year storm. He said specific details
have not been worked out, but work has progressed to the point that he
knows it is a feasible solution.
Mr. John S. Edwards, Attorney, representing adjacent property
owners appeared before Council and advised that he represents every
landowner who lives in the adjacent area with one exception which is a
gentleman who has an adjacent lot and two trailers in his backyard that
he rents in a non-conforming use. He said his clients vigorously
oppose what Mr. Bowman is trying to do for the simple reason that the
concept is flawed in design. He stated that if one were to climb to
the top of the trailer park, two things stand out as striking: the
elevation and the steepness of the hill. He explained that there was a
planning study conducted in 1983 by the City Planning Department which
addressed this feature of this particular neighborhood; that the study
pointed out that 50 per cent of this general neighborhood had a grade
of 10 - 20 per cent, another 30 per cent of the area had a grade of
over 20 per cent, and slopes that are greater than ten per cent present
limitations to development.
Mr. Edwards said what is being planned is about three times the
density as to what already exists in the area; for example: Mr. Bowman
plans to locate up to 45 new trailers, there are 11.74 acres, there is
also in that same area 16 non-conforming trailers that were grand-
fathered in when the area became part of the City in 1966 and there is
also a house, so there are 62 sites in this limited area which is 5.2
sites per acre and that is more than would be allowed under any cir-
c~stance, noting that that does not include the proposed retention
pond. He said if the same concentration that currently exists were to
exist in the new area, only fifteen trailers would be allowed.
Mr. Edwards said the neighbors are quite concerned about the re-
tention pond; that Mr. David Iott lives right below where the proposed
retention pond is to be located and it poses serious and imminent
danger to his family and to his home. He stated that it is extremely
dangerous to build a trailer park with a retention pond that is crucial
to its development when no detailed plans and engineering testing have
been performed to determine whether the retention pond will work.
Mr. Edwards referred to houses in the area that currently have
problems with flooding during heavy rainstorms, noting that if addi-
tional trailers are located in that vicinity where there is construc-
tion, concrete, not enough soil and foliage to absorb the water and
keep the water from flooding, serious problems will be encountered.
Mr. Edwards said it was also proffered that there would be a
buffer zone, noting that most of the buffer that now exists is located
on Mr. Iott's property and not on land that is proposed to be deve-
loped. In the winter, when there is no foliage on the trees, Mr. Iott
has a visual pollution problem of seeing a trailer park on the other
side of his property. He said the idea of having so many trailers in
an area with homes in the range of $30,000.00 - $50,000.00 is bound to
have a tremendous adverse impact on the value of those homes.
Mr. Edwards said he could not place enough emphasis on the steep-
ness of the area and questioned how Mr. Bowman will be able to develop
the area with heavy construction equipment and 14' x 70' trailers. He
said Narrows Lane is between 13.9 and 15 feet wide and Mr. Bowman pro-
poses to bring in 14' wide trailers noting that difficulties have been
experienced in the past to the extent that Mr. Bowman has had to back
the trailers up from Route 220 about one-half mile in order to make the
turn.
443
In concluding, Mr. Edwards said more proffers, study and con-
sideration is needed in order to respond to serious conceptual
problems. He stated that steepness of the slope, and density of the
area makes it a concept unworkable and in opposition to the planning
study that was prepared by the City's own Planning Department in 1983.
He said the proffers regarding the buffer zone and retention pond are
not adequate and urged that Council deny the request for rezoning.
Mr. Lee Taylor, 4556 Van Winkle Road, S. W., advised that he is
not opposed to the rezoning.
Following considerable discussion and questions by the Mayor and
members of Council regarding the request for rezoning, the Ordinance to
rezone the property was lost by the following vote:
AYES: None ....... O.
NAYS: Council members Harvey, Musser, Trout, Bowers, Bow]es, Gar-
] and and Mayor Taylor ....... ---7.
ZONING: Pursuant to Resolution No. 25523 adopted on the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 9, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. and Mrs. James P.
Brice that three tracts of land lying adjacent to Westover Avenue,
S. W., containing .517 acres, described as Lots 18, 19 and 20, Block
10, Section 5, Map of Virginia Heights Corporation, Official Tax Nos.
1431818, 1431819 and 1431820, be rezoned from RD, Duplex Residential
District, to C-2, General Commercial District, subject to certain prof-
fered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday, May 23,
1986, and Friday, May 30, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A 'eport of the City Planning Commission recommending approval of
the request, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the followin9 Ordinance be placed upon its
first reading: :'' ~ '
ACTION:
(#28182) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 143, Sectional 1976 Zone
Map, City of Roanoke to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 622.)
The motion was seconded by Mr. Musser.
Fr. James P. Brice appeared before Council in support of the
reque ~t.
No person wishing to address Council with regard to the request
fur rezoning, Ordinance No. 28182, on its first reading, was adopted by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ........ 6.
NAYS: None ........
(Council member Gar]and abstained from voting.)
BUDGET-REVENUE SHARING: The City Clerk having advertised a public
hearing for Monday, June 9, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, for the purpose of amending the 1985-86
City budget; and with respect to unanticipated General Revenue Sharing
Receipts, in the amount of $1,255,712.00, the matter was before the
body.
444
ACTION:
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Saturday, May 24,
1986.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager
$1,255,712.00 of General
salaries.
recommended that Council appropriate
Revenue Sharin9 funds to police and fire
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council with regard to the public
hearing, Mr. Trout offered the following emergency Ordinance:
(#28183) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 612.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowl es,
Gar1 and and Mayor Taylor ........ --7.
NAYS: None ........
'-0.
ZONING-AIRPORT: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, June 9, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the question of adopting as
an element of the City's Comprehensive Plan Chapters 5 and 6 of the
Airport Master Plan, dated December, 1985, orepared by Delta Associ-
ates, P. E., Inc., the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday, May 23,
1986, and Friday, May 30, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the Airport
Master Plan, dated December, 1985, prepared by Delta Associates, P. E.,
Inc., was approved by Council on February 24, 1986, pursuant to Resolu-
tion No. 28009; that the Planning Commission has held a public hearing
to consider the adoption of the Airport Master Plan as an element of
the City's Comprehensive Plan; and upon review of the Airport Master
Plan, the Commission determined that Chapters 5 and 6, being the Layout
Plan and Terminal Area Plan, were sufficient in the type and detail of
information to fulfill the needs of the City relative to the scope of
the Comprehensive Plan, was before Council.
It was explained that the Roanoke Vision element of the Roanoke
City Comprehensive Plan was adopted by Council on first reading on
May 12, 1986, and was adopted on second reading on May 19, 1986, and
the plan includes policy statements calling for a comprehensive upgra-
ding of airport facilities; that the inclusion of Chapters 5 and 6 of
the Airport Master Plan as an element of the City's Comprehensive Plan
provides for the plan a legal status necessary to ensure these portions
of the Airport Master Plan can be taken into consideration during any
land use deliberations by the Planning Commission and Council; that
State Code requires that the general and approximate location of public
facilities and proposed facilities be indicated in the Comprehensive
Plan; that in case of a controversial land use issue or legal dispute,
the general and approximate location of improvements outlined in the
Airport Master Plan should be included in the Comprehensive Plan; and
citizen support for airport improvements has been strong throughout the
Roanoke Vision process, and adoption of the Airport Master Plan as part
of the citizen-generated Comprehensive Plan would formally acknowledge
their support.
445
The City Planning Commission recommended that Chapters 5 and 6 of
the Airport Master Plan be adopted by Council as an element of the
City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28184) A RESOLUTION approvin9 and adopting a portion of the
Airport Master Plan dated Decenber, 1985, prepared by Delta Associates,
P. E., Inc., as an element of the City's Comprehensive Plan.
(For full text of Resolution, see Resolution Book No. 49, page 613.)
ACTION: Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland.
No person wishing to address Council with regard to the Airport
Master Plan, Resolution No. 28184 was adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland and Mayor
Tayl or ........ .5.
NAYS: Council members Harvey and Musser ............
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
c~mittees appointed by Council; and two legal matters.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... ----7.
NAYS: None ........
O®
HOUSING: A communication from Mr. Harold L. Conaway declining his
appointment as a member of the Fair Housing Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Counci] members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 7.
NAYS: None ........ O.
446
ACT[ON:
ACTION:
COUNCIL: A communication from Council member James O. Trout
requesting an Executive Session to discuss a legal matter pertaining to
the terms and conditions of a contract in negotiation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a legal matter pertaining to the terms and
conditions of a contract in negotiation, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded
by M~s. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None .... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter within the jurisdiction of the
governing body involving negotiation of a contract, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter
within the jurisdiction of the governing body involving negotiation of
a contract, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowies and adopted
by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garl and and Mayor Taylor ....... 7.
NAYS: None ....... O.
LIBRARIES: A report of qualification of Frank Eastburn as a
member of the Roanoke Public Library Board for a term of three years
ending Ju~e 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ........ O.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 8:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $59,836.06 in Undesignated
Capital Project Funds for the Schools' purchase of instructional com-
puters, advising that approval of this appropriation request would mean
that approximately one-third ($99,836.00) of the School Board's total
allocation of $300,000.00 in Undesignated Capital Project Funds as
approved in the City's 1985 Capital Bond Referendum would be appro-
priated; and requesting that Council appropriate the following funds to
school accounts, was before the body.
447
A354409 - $33,307.46 for the Vocational Sun,her
Youth Employment Program to provide
summer on-the-job training in the areas
of electricity, carpentry, and masonry.
The program wi l! be reimbursed one hun-
dred percent by federal funds.
A354537 - $50,000.00 for Special Education Tuition
to provide for the p!acement of special
education students at the direction of
the State Department of Education. The
progrmn is one hundred percent reimbursed
by state funds.
A354545 - $8,636.00 for the Preschool Incentive
Program to provide orientation and in-
struction for handicapped students who
will be entering the public school system
for the first time. The program is one
hundred percent reimbursed by federal
funds.
(For full text, see report on file in the City C!erk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of funds within the Capital Projects Fund
and the appropriation of grants for the School Board; that funding for
school instructional computers, in the amount of $59,836.06, is from
undesignated capital funds as outlined in the Five Year Capital
Improvement Program; that the Vocational Summer Youth Employment Pro-
gram and Pre-School Incentive Program are 100% federally funded, the
Special Educational Tuition Program is 100% state funded; and recom-
mending that Council concur in the request of the School Board, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowl es offered the following emergency budget Ordinance:
(#28185) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects and Grant Funds Appropri. ations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 614.)
ACTION: Mrs. Bowies moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ..................................................... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
AMBULANCES: The City Manager submitted a written report in con-
nection with an application from Lewis Gale Hospital, Inc., for a cer-
tificate of public convenience and necessity for the operation of
ambulances or vehicles for the transportation of handicapped persons
within the City of Roanoke.
It was noted that in August 1985, Lewis Gale Hospital, Inc., began
operation of a patient transport service utilizing ambulances and a
wheelchair van assigned to the Emergency Department of the hospital;
that on March 11, 1986, Lewis Gale Hospital fi]ed an application with
the City for a Certificate of Public Convenience and Necessity in order
448
to be licensed to transport patients from one location within the City
to another location within the City; that on April 22, 1986, letters
fr~n the City of Roanoke to solicit expressions of interest and concern
regarding Lewis Gale Hospital Inc., application for a Certificate of
Public Convenience and Necessity ~ere mailed to the hospital admini-
strators of Roanoke Hemorial Hospital and Community Hospital of Roanoke
Valley and no replies were received; tnat on April 22, 1986, question-
naires from the City of Roanoke were mailed to United Ambulance Ser-
vice, Inc., and Lewis Gale tlospital, Inc., to solicit information about
their current patient transportation services; and a public hearing was
held on May 12, 1986, by City Council concerning the request of Lewis
Gale Hospital, Inc.
It was explained that United Ambulance Service, Inc., holds a
Certificate of Public Convenience and Necessity which was issued on
January 13, 1975, and at the present time no other owner or operator of
an ambulance service holds a certificate; that on Monday, May 12, 1986,
William H. FJannagan, President of Roanoke Hospital Association, which
operates Roanoke Memorial Hospital, announced negotiations to buy Uni-
ted Ambulance Service from Friendship Manor Nursing Home, and accord-
ing to Mr. Flannagan, a purchase agreement was anticipated in the next
two or three weeks; that trends to contain rising health care costs
have resulted in a reduced length of stay for patients in the hospital;
that patients are now receiving more home care and are completing con-
valescence while at home; and there has been an increase in the demand
for transport services to return patients home after an admission to
the hospital as well as provide transportation for continued special-
ized medical treatment once discharged from the hospital.
It was further explained that performance problems of United
Ambulance Service identified during the public hearing by Lewis Gale
Hospital, lnc., and three nursing home facilities located within the
Roanoke Valley are as follows:
Untimely responses for patient transports.
Discourteous attendants and rough treatment of pa-
tients.
Frequent vehicle breakdowns resulting in delayed
transports.
Incorrect vehicle utilization for patient trans-
ports.
Local health care demands have outgrown existing
ambulance services.
Mr. Herbert advised that current circumstances related to demand
for ambulance service and transportation service for handicapped per-
sons indicate a need for the City administration to review the City's
regulatory plan with a view toward possibly establishing minimum stan-
dards so that any and all fully qualified organizations and entities
desiring to provide such service in the City may do so; and this
approach would afford the users of the service a great choice of quali-
fied providers and may stimulate healthy competition which would bene-
fit the consumer.
The City Manager recommended that Council issue Lewis Gale Hospi-
tal, Inc., a Certificate of Public Convenience and Necessity, advising
that this recommendation will better serve the patient transportation
service needs and expectations of the community; and authorize the City
Manager to review the City's current regulatory plan to determine
whether some degree of deregulation would be beneficial to the citi-
zens.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
m
m
ACTION:
"AN ORDINANCE granting a certificate of public convenience and
necessity to Lewis-Gale Hospital, Inc., for the operation of an mnbu-
lance service and service for the transportation of handicapped persons
within the City of Roanoke."
The motion was seconded by Mrs. Bowles.
A communication from Mr. William H. Flannagan, President, Roanoke
Memorial Hospital Association, advising that Roanoke Memorial Services
Corporation, a subsidiary of Roanoke Hospital Association, has applied
for permission to operate an ambulance service in the City in com-
petition with United Ambulance, noting that on May 12, 1986, the
Association announced that it was negotiating with Friendship Manor for
the purchase of United Ambulance, that since then, the negotiations
proceeded as expected and a solid offer to purchase was made; however,
after evaluating the offer, Friendship Manor informed them that they
could not accept their offer, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Steve Rice, representing United Ambulance Service, appeared
before Council and read a communication with reference to statements
contained in the City Manager's report, advising that the City Mana-
ger's report is accurate insofar as background and issues are con-
cerned, but it is inaccurate concerning alternatives in view of the
present situation and its reco~nendation is based on false statements
concerning United Ambulance Service.
Among other things, it was noted by Mr. Rice that the City
requested "expressions of interest and concern" regarding an additional
ambulance service from Roanoke Memorial and Community Hospitals, but it
did not request such information from United ~mbulance or Friendship
Manor; that United Ambulance was asked to respond to a questionnaire
and this response was made; however, their response was made at a point
in time while negotiations for the sale of United were underway; that
the City Manager's report identifies the May 12 letter from Roanoke
Memorial regarding the sale, but as it turns out the letter was prema-
ture, and United Ambulance has not and is not expected to be sold; and
this turn of events changes several responses in the questionnaire, and
it is being resubmitted to the City Manager accordingly.
In fairness to all parties, Mr. Rice said Council should, at a
minimum, refer the report back to the City Manager who should in turn
direct a review of the change of circumstance regarding the ownership
of United Ambulance and ask his staff to obtain information about
United Ambulance from United Ambulance Service, noting that the inac-
curacies contained in the City Manager's report make it clear that this
has not been done. He asked that Council also acknowledge the obvious
fact that there are presently two ambulance services operating in
Roanoke: United Ambulance and Lewis Gale Hospital; that ambulance
ridership statistics overwhelmingly prove this point, and do so
regardless of the rather dramatic change in the way service is provided
to the citizens of Roanoke and underscores the need to solicit current,
i.e., since April/May 1986, comments regarding the adequacy of existing
service.
Mr. Rice stated that United Ambulance is asking that Council
fairly consider the matters before it; that they do not feel the City
Manager's report is a fair document; that they are asking Council to
remember that United has also placed a premium on cost containment and
admitted that they may have undone themselves in that regard. He said
it was United who held the line on the price of their service from
1981-85, a period of higher inflation than what we have today; that it
was and is United whose charge for one class of service today is $17.50
lower than Lewis Gale Hospital; and United has reduced the cost of
service under contract with the Veterans Administration consistently
for the last three years. He said there is only one way that this can
be done which is through the absolute full utilization of the equipment
they have, and if others are allowed to provide service in an open
market, he cannot guarantee that full utilization will be made.
449
450
ACTION:
ACTION:
The City Manager advised that he feels at a disadvantage having
just received Mr. Rice's letter, noting that Mr. Rice just furnished
him with an amended response based on the fact that United Ambulance no
longer intends to sell the business to another provider. He said it
appears that some additional inforlnation, which should have been pre-
sented at the public hearing a month ago, has now been laid on the
table and he is unable to go into a great deal of detail at this time
as to a response.
Mr. Trout offered a substitute motion that the matter be taken
under advisement and referred back to the City Manager to review the
applications of United Ambulance Service, Inc., Lewis-Gale Hospital,
Inc., and Roanoke Memorial Services Corporation for Certificates of
Public Convenience and Necessity Within a time frame of thirty days;
and that the City Manager be requested to study the question of whether
or not some degree of deregulation would be in order. The motion was
seconded by Mr. Musser.
Mr. William B. Hopkins, Attorney, representing Lewis Gale ltospi-
tal, Inc., appeared before Council and advised that all parties were
notified, including United Ambulance; and they had every opportunity to
object to the Certificate of Public Convenience and Necessity at the
public hearing.
Mr. Hopkins said Lewis Gale Hospital is responsible for its
patients, they do not want to be in a position where they are the only
carrier, and they look with favor upon the City Manager's recommen-
dation to review the current regulatory plan to determine if some
degree of deregulation would be beneficial. He explained that Lewis
Gale Hospital got into the ambulance business to protect itself, that
they feel the service is needed, that the health of the citizens come
first, and it is not their intention to get into any major competition
with United Ambulance Service or Roanoke Memorial Hospital.
Pursuant to remarks that United Ambulance requires payment up
front, Mr. Rice said tllat for last month's total of approximately 1000
calls, there were 45 people who paid cash.
Following considerable discussion of the matter, the substitute
motion was adopted, Council member Garland abstained from voting.
COMMONWEALTH OF VIRGINIA BUILDING: The City Manager submitted a
written report advising that Council authorized him to submit a propo-
sal and negotiate with the General Services Administration {GSA} on
April 23, 1986, for space for the Bankruptcy Court in the Commonwealth
of Virginia Building; that Council authorized the City Manager to exe-
cute a lease with GSA to lease the space beginning September 1, 1985,
and no later than December 1, 1985; that GSA, due to internal con-
siderations beyond the City's control, requested after the beginning
date had passed, that the beginning date of the lease be moved to
December 1, 1985; and the lease agreement has been executed with the
December 1, 1985, date with squa~e'footage to be established upon occu-
pancy.
It was explained that GSA, due to further internal considerations
mainly involving their inability to reach a decision concerning further
revisions to the space desired by the Bankruptcy Court, has requested
that the beginning date for the lease be moved to February 1, 1986, and
the square footage actually established at 7,850 square feet.
The City Manager recommended that Council authorize the execution
of GSA Supplemental Lease Agreement No. GS-O3B-50012, SLA-1, which
changes the beginning date of the previously approved lease agreement
for the Bankruptcy Court space to February 1, 1986, and establishes the
area of space at 7,850 square feet.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28186) AN ORDINANCE authorizing the appropriate City officials
to enter into an amendment to the lease agreement between the City and
the United States of America, through the General Services Administra-
tion, for use of space in the Commonwealth of Virginia Buildif~g, upon
certain terms and conditions.
451
(For full text of Ordinance, see Ordinance Book No. 49, page 623.)
ACTION: The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
zI.
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ..............
.0.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that on February 28, 1983, Council authorized the award
of an engineering services agreement to Mattern and Craig for the
design of the first phase construction projects resulting from the
Williamson Road Storm Drain Study; that Phase ! - Contract I was award-
ed to Erps Construction Company, Inc., on November 12, 1984, and
assigned to Aaron J. Conner, General Contractor, Inc., on December 26,
1984; that Phase ! - Contract II, right-of-way acquisition is nearly
completed; that Phase I - Contract I!I, was awarded to Aaron J. Conner,
General Contractor, !nc., on April 7, 1986; and design plans for the
next phase of construction (Phase I - Contract IIA) are complete and
contact has been initiated with those property owners from which the
City needs to acquire permanent storm drainage easements and temporary
construction easements, all with rights of ingress and egress.
It was explained that the project land acquisition area is the
long block of land generally bounded by Fugate Road, N. E., Wildhurst
Avenue, N. E., Williamson Road and Ellsworth Street, N. E.; that the
project area contains 20 properties which will require easements across
them, and all owners have been contacted; that the City Manager is
exercising his authority, as defined in Section 21 of the City Charter,
to accept easement donations for those easements being given to the
City; that appraisals have been or will be obtained for those easements
which have not been donated to the City, and based upon appraisals of
representative properties, the cost should not exceed $5,000.00.
The City Manager recommended that Council authorize the following:
Easement acquisition for 20 storm drain easements,
including temporary construction easements, all
with rights of ingress and egress. Total acquisi-
tion cost for easements on the 20 parcels is not to
exceed $5,000.00 including the cost of any court
mandated compensation in the event of condemnation,
without further authorization of Council.
Institution of condemnation and right of entry pro-
ceedings, as to easements over the 20 parcels by
the City Attorney in the event of continued refusal
of a property owner to accept or negotiate a bona
fide settlement in order that undue delay be
avoided for the project.
Funds for acquisition of right-of-way for the
Williamsun Road Storm Drain, Phase I, Contract IIA,
in the amount of $5,000.00, from the existing
Williamson Road Account No. A07220191150 to a new
account for the Williamson Road Storm Drain,
Phase I - Contract I!A named "Land Purchase."
(For full text, see report on file in the City Clerk's Office.)
452
Mrs. Bowles offered the following emergency Ordinance:
(#28187) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Will iamson Road
Storm Drain Project, Phase l, Contract IIA; authorizing the City Mana-
ger to fix to a certain limit the consideration to be offered by the
City for each parcel; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 615.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............. 7.
NAYS: None .......... O.
BUDGET-MUNICIPAL NORTH-CITY INFORMATION SYSTEMS: The City Manager
submitted a written report advising that renovation of Municipal North
is progressing with completion scheduled for October, 1986; that fourth
and fifth floors are basically complete and both the Auditor's Offices
and a part of the City Information Systems Offices have moved into
these floors; that cost of moving the Computer Operations Center was
planned for in the Internal Services Fund, however, initial funding
provided has now proven to be inadequate, primarily due to the cost of
installing computer cable and telephone equipment; and the source of
initial funding was City Information Systems retained earnings, in the
amount of $31,000.00.
It was explained that the new Computer Operations Center located
on the fourth floor of Municipal North is nearing completion; that the
CIS Computer Operations Center move is planned-for June 6, 1986; and
cost of the Computer Operations Center relocation is $74,154.00 as
follows:
Telephone installation .................... $ 6,365.00
Computer terminal cable installation ...... 25,490.00
Uninterruptible power supply relocation ... 1,563.00
Mainframe computer relocation ............. 5,736.00
Computer Room Fire Suppression System
(Halon) .................................
35,000.00
The City Manager recommended that Council appropriate $74,154.00
for the Computer Operations Center move by authorizing the appropria-
tion of $31,000.00 from the CIS Retained Earnings Account and
$43,154.00 from the Internal Services Fund Contingency Reserve Account,
with the funds to be transferred to the following accounts:
A06160131005 (Internal Service Fund -
Telephone) .............................. $ 6,365.00
A08110190603 (Capital Projects Fund -
Municipal North) ......................... 25,490.00
A06160120010 (Internal Service Fund
Fees for Professional Services) .........
A06160120010 (Internal Service Fund -
Fees for Professional Services) .........
1,563. O0
5,736.00
A08110190603 (Capital Projects Fund -
Municipal North) ........................ 35,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28188) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Internal Services and Capital Funds Appropriations, and
providing for an emergency.
453
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 616.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
I
AYES: Council mL~mbers Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None ....... ----0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that the Auxiliary Grant Program is mandated for all
localities by State statute and is primarily used to provide shelter
and food for citizens who are unable to care for themselves; and the
program supplements the income of an individual living in a home for
adults when income is less than the rate established for the home and
covers aged, disabled and blind.
It was explained that the amount of funds needed for fiscal year
1985-86 was under estimated by the Social Services Department; that the
average cost per month per case was budgeted at $205.00, however, for
256 cases the average cost has been $210.00 per case per month; that
the budget was based on new cases being paid for one month, but by the
time a case is processed the payment can be for as much as a three
month period; and $16,000.00 is needed to cover program expenses
through June 30, 1986, with expenditures being 70% reimbursed by the
State Department of Social Services.
The City Manager recommended that Council appropriate $16,000.00
to the Auxiliary Grant Program, Department of Social Services:
4,800.00 transferred to Auxiliary Grant Program,
Account No. A01531350005 from Local
Cash Match, Account No. A01531450099;
$ 11,200.00 appropriated to Auxiliary Grant Pro-
gram, Account No. A01531350005;
Increase revenue estimate from the State Department
of Social Services by $11,200.00 for Income Main-
tenance, Revenue Account R01061502.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28189) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 617.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... .-7.
,NAYS: None ........ O.
454
BUDGET-LANDMARKS-ARCHITECTURAL REVIEW BOARD: The City Manager
submitted a written report advising that public education materials
(brochures, posters, etc.) to explain and promote the City's historic
preservation regulations, guidelines, and neighborhood programs have
been identified as a critical need by Council's Architectural Review
Board; that the need for reference publications and progr&ms has been
very evident in past years, and particularly in recent months has
become more significant with increased citizen and administration con-
cerns for the protection and rehabilitation of neighborhood and com-
munity assets; that grant funding, on a fifty-fifty match basis, to
develop educational materials to promote local historic preservation
efforts was made available through the Virginia Historic Landmarks
Commission; and the City submitted an application for funding in March,
1985, to pay for printing of four public education projects as fcllows:
Zoning for Preservation;
Preservation brochure;
Poster guide to Southwest Historic District; and
Training manual.
It was further explained that the grant request was for $20,600.00
in state funds to be matched with $2/,228.00 from the City, for a total
project budget of $47,828.00; that the local match was to be non-cash
in the form of staff time to produce materials; and approval of the
grant request was delayed until January, 1986, as the State Division of
Historic Landmarks did not receive federal authority to implement its
program until late 1985.
Mr. Herbert advised that the legal grant agreement that must be
executed by the City in order to receive the grant funds was not deli-
vered to the Office of Community Planning until mid-March, 1986; that
several grant requir~.qents contained in the agreement w~re found not
acceptable by Planning staff, Finance personnel, and the City Attor-
ney's Office, and in addition, the loss of two key persons from the
Community Planning staff and time delays have resulted in problems with
implementation and scheduling of the projects as originally proposed;
that negotiations with the Division of Historic Landmark's grant per-
sonnel have culminated in an acceptable grant agreement; that program
funding and work changes were necessary in order to make use of the
grant funds and meet the State's deadline for program completion of
August 31, 1986, and the following three projects are proposed rather
than four:
Zoning for Preservation report;
Preservation brochure; and
Southwest Historic District poster.
It was noted that City match is now proposed to be cash instead of
in-kind staff time; and graphic design and production work for one of
the proposed publications (historic district poster) must now be done
by a private agency in order to meet the overall project time dead-
lines; and this change adds $8,000.00 to the City's matching share due
to the fees, profit, and overhead charges which would not have been
necessary if the project could be done totally with Community Planning
personnel as originally planned.
The City Manager recommended that Council authorize the following:
Execution of a grant agreement by the City Manager
on behalf of the City to accept the State grant of
$11,850.00 which agreement must be approved by the
City Attorney as to form prior to execution; and
Appropriate state grant of $11,850.00 and transfer
$19,850.00 in local match from Contingency Reserve
Account No. A019410320006 to an account to be
established by the Director of Finance for this
purpose.
(For full text, see report on file in the City Clerk's Office.)
455
Mr. Musser offered the following emergency budget Ordinance:
(#28190) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 617.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- , 7.
NAYS: None ............... O.
Mr. Musser offered the following emergency Ordinance:
(#28191) AN ORDINANCE authorizing the acceptance of a grant and
the execution of a Grant Agreement and related documents with the
Virginia Division of Historic Landmarks for the purpose of developing
educational materials to promote local historic preservation efforts;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 618.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...... 7.
NAYS: No ne ....... O.
ZONING-INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Mana-
ger submitted a written report advising that a petition to rezone was
filed with the City Clerk on February 14, 1986; that staff reviewed the
petition and requested the petitioner to include additional landscaping
and the creation of an earth berm in the project to visually separate
the mini-storage facility from. t.he Roanoke Centre for Industry and
Technology; that a public hearing was held by the Planning Commission
on March 5 and the Commission recommended approval of the request, sub-
ject to revision of proffered conditions; and the amended petitioq sub-
mitted to Council on March 13, 1986, contained the following prot't'ered
conditions:
The subject property will be developed and operated
only as a mini-storage project.
The subject property will be landscaped in substan-
tial conformity to the landscaping plan attached to
the report as Exhibit B and should improvements be
constructed in phases, then the appropriate land-
scaping will be installed in like phases.
It was explained that Council adopted Ordinance No. 28089 rezoning
the 3.16 acre tract of land on Patrick Road to LM, Light Manufacturing
District, subject to certain conditions; that an approved site plan
indicates the developer's need to encroach on City property in order to
provide the berm requested by City staff; and the City Attorney has
determined that permission for encroachment onto City property may only
be granted by Council.
The City Manager recommended that Council grant Mr. R. H. Patrick
permission to carry out grading work on City property to the extent
shown on an approved site plan, provided the approval is subject to an
agreement between the City and Mr. Patrick which sets out the following
sti pul ations:
456
ACTION:
That the applicant shall bear full responsibility
for the protection and reestablishment of existing
vegetation on City property to its pregrading con-
ditions, to the satisfaction of the City Engineer
and Office of Community Planning.
That the applicant hold the City free of any liabi-
lity associated with the grading work on City pro-
perty.
(For fu]l text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28192) AN ORDINANCE permitting certain grading work to be done
on property owned by the City and identified as Official Tax No.
7160102, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 619.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...... 7.
NAYS: None ........ O.
CITY CODE-CLEAN VALLEY COMMITTEE: The City Manager and the City
Attorney submitted a joint written report advising that Chapter 14 of
the City Code dealing with litter law violations was recodified in
1979, and on that occasion the City Attorney's Office considered the
model litter control ordinance presented by the Clean Valley Committee,
and included applicable concepts in the recodification of ordinances;
that on August 26, 1985, the City Manager presented a report to Council
on littering enforcement efforts; and at the regular meeting of Council
on March 24, 1986, following the emergence of the issue of littering
and trash in parks coming before Council on two occasions, Council
requested that the City Manager and the City Attorney study the ade-
quacy of present litter ordinances and report back with recommenda-
tions.
It was explained that unusually large amounts of litter and debris
were deposited on City streets and parks as a result of the November
1985 flood, and clean-up efforts continue from both public and private
sectors; that the Grounds Maintenance Deparbnent performs cyclical
litter clean-up functions; that 178,753 pounds of trash and litter were
collected by the Grounds Department during March 1986, and disposed of
in the Regional Landfill; that 45 complaints were received by the
Police Department, resulting in ten arrests for violations of the lit-
tering laws from August 1985 to April 1986; that Sections 14-2 and 14-3
of the City Code address the issue of dumping of garbage or refuse
within the City limits and disposal of litter and unsightly material on
public highways, rights of way, etc., and violations of this chapter
are classified as a Class 4 Misdemeanor, providing a penalty or fine
up to $100.00.
It was further explained that 25 separate and distinct City Code
sections relate to litter control, and these sections seem to address
about every aspect of the litter control problem; that Sections 33.1-
346 and 33.1-346.1, Code of Virginia, 1950, as amended, has very simi-
lar language to that of the City ordinance, however, penalty for viola-
tions of the State sections is a Class I Misdemeanor, providing a
penalty of up to one year in jail and/or $1,000.00; and, in addition,
Section 33.1-346.1 provides that the court may suspend imposition of
sentence on condition that the defendants volunteer services for such
time as the court may designate to remove litter from the highways.
The City Manager recommended the following:
457
,~,~end the City Code to increase the penalty for
violation of Sections 14-2 or 14-3 from a Class 4
to a Class I Misdemeanor.
Amend the City Code to authorize a court, upon con-
viction, to suspend imposition of sentence on con-
dition that the defendant volunteer his services
for such period of time as the court may designate
to renove litter frmn highways, as provided by
Section 33.1-346.1 of the State Code.
Continue support of educational efforts, such as
those conducted by the Clean Valley Committee,
since littering is often a thoughtless act.
(For full text, see report on file in the City Clerk's Office,)
Mr. Garland offered the following emergency Ordinance:
ACTION:
(#28193) AN ORDINANCE amending and reordaining §§14-2, Dumping
Irohibited; exception, and 14-3, Litterin9, Code of the City of Roanoke
1979), as amended, to provide that violation of either section shall
constitute a Class 1 misdemeanor and provide further that, upon convic-
tion of any person for a violation of §14-3, Littering, the Court may
suspend the imposition of any sentence, upon certain terms and con-
ditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 620.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None--- O.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Minutes of the meeting of the Audit Committee
held on June 2, 1986, were before Council.
It was explained that the committee reviewed, received and filed
the following audit reports from the Municipal Auditor:
Miscellaneous Revenue Collections;
Roanoke City Public School Employee Compensation Internal
Controls; and
Roanoke Regional Airport Internal Accounting Controls.
The Committee reviewed, received and filed the June 30, 1986,
Audit Plan from Peat, Marwick, Mitchell & Company; and requested a
report from the City Administration regarding the audit policies of the
following organizations:
Roanoke Valley Regional Solid Waste Management Board;
Industrial Development Authority of the City of Roanoke; and
Roanoke Redevelopment and Housing Authority.
ACTION:
The Committee also requested a recommendation on the audit policy
for the proposed Regional Airport Commission.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes of the Audit Committee meeting
be received and filed. The motion was seconded by Mr. Trout and unani-
mously adopted.
458
BUDGET-CITIZENS' SERVICES COMMITTEE: The Citizens' Services
Co.qwnittee submitted a written report advising that their budget was
established by Council, pursuant to Ordinance No. 28127, by which the
General Fund budget for fiscal year 1986-87 was adopted on May 12,
1986; that public notice of the opportunity for agencies to make appli-
cations to the committee for City funds was published in the local news
media on February 16 and March 2, 1985, with an application deadline of
March 14, !986; that 31 requests, in the total amount of $567,254.36,
were received from various agencies; that individual study of each
application was made by Co~qdttee members, and public hearings were
held on April 11 and April 16, 1986, to consider the requests and hear
applicants; and agencies v~re notified of tentative allocation recom-
mendations and advised that they could appeal the Co~nittee's tentative
r eco~mnendat ions.
The Citizens' Services Committee submitted the following reco~en-
dations to Council:
City Council concur in the funding of the agencies
and in the amounts recommended by the Citizens'
Services Committee, as shown on a schedule attached
to the report.
City Council authorize the Chairman of the Citi-
zens' Services Co~nittee and the Director of Fin-
ance to not release funds to any agency until
objectives, activities and other reasonable
requests of the evaluation team are submitted and
accepted.
Transfer $10,000.00 from Citizens' Services Commit-
tee Budget, A01-5220-700-99, Contributions, to To-
tal Action Against Poverty in the Roanoke Valley,
Budget No. 5230.
Transfer $7,200.00 from Citizens' Services Commit-
tee Budget, A01-5220-700-99, Contributions, to
Director of Human Resources, Fees for Professional
Services, Account No. A01-1270-200-10, for payment
of performance audits.
Transfer $8,000.00 from Citizens' Services Commit-
tee Budget, AO1-5220-700-gg, Contributions, to the
Roanoke City Health Department as a line item in
the Health Department Budget, No. 5110.
Transfer $14,000.00 from Citizens' Services Commit-
tee Budget, A01-5220-700-99, Contributions, to
Director of Human Resources, Fees for Professional
Services, Account No. A-1-12/0-200-10, for payment
of services for the Homeless Housing Program and/or
Abused Women's Shelter as provided to City citizens
by the Salvation Army.
Authorize the City Manager, or his designee, to
negotiate a contract with the Salvation Army for
the provision of services to City citizens-under
the Homeless Housing Program and/or Abused Women's
Shelter. Council will be asked to authorize the
execution of the contract after it has been nego-
tiated.
Transfer $3,600.00 from the Citizens' Services Com=
mittee Budget, A01-5220-?00-99, Contributions, to
Director of Human Resources, Fees for Professional
Services, Account No, A-1-1270,200-10, for payment
of day care services to City citizens as provided
by the Adult Care Center of Roanoke Valley, Inc,
Authorize the City Manager, or his designee, to
negotiate a contract with the Adult Care Center of
Roanoke Valley, Inc., for provision of day care
services to City citizens. Council will be asked
to authorize the execution of the contract after it
has been negotiated.
(For full text, see report on file in the City Clerk's Office.)
459
Mrs. Bowles offered the following emergency budget Ordinance:
(#28194) AN ORDINANCE to amend and reordaln certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 621.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... _ ......... 7.
NAYS: None ........
Mrs. Bowles offered the following Resolution:
(#28195) A RESOLUTION concurring in the recommendations of the
Citizens' Services Cm~mittee for funding certain qualified community
service agencies, and requiring the provision of certain information by
such agencies prior to the disbursement of such funds.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 622.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... ---7.
NAYS: None ......
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESPLUTIONS:
BUDGET-AIRPORT: Ordinance No. 28172 amending and reordaining cer-
tain sections of the 1985-86 Airport Fund Appropriation Ordinance, in
connection with the amendment of the City's contract with Delta
Associates P. E., Inc., for design of the new airport terminal building
and related facilities, having previously been before the Council for
its first reading on Tuesday, May 27, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#28172) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Airport Fund Appropriation Ordinance.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 611.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers. Bowles, Garland and Mayor
Tayl or ........ .5.
NAYS: Council members Harvey and Musser .........
0
AIRPORT: Ordinance No. 28173 authorizing the appropriate City
officials to enter into an amendment to the contract with Delta Asso-
ciates P. E., Inc. for design of a new airport terminal building and
related facilities; authorizing the appropriate City officials to exe-
cute grant documentation with the Federal Aviation Administration and
the Virginia Department of Aviation for airport terminal development
and related facilities, having previously been before the Council for
its first reading on Tuesday, May 27, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
60
ACTION:
ACTION:
(#28173) AN ORDINANCE authorizing the appropriate City officials
to enter into an amendment to the contract with Delta Associates P. E.,
Inc. for design of a new airport terminal building and related facili-
ties; authorizing the appropriate City officials to execute grant docu-
mentation with the Federal Aviation Administration and the Virginia
Department of Aviation for airport terminal development and related
facilities.
(For full text of Ordinance, see Ordinance Book No. 49, pa9e 611.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the roi'lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland and Mayor
5.
Tayl or--
NAYS: Council members Harvey and Musser- . ......... 2.
AIRPORT: Ordinance No. 28180 authorizing the appropriate City
officials to enter into a lease agreement with the United States of
America for a localizer antenna structure at the Roanoke Regional
Airport, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, June 2, 1986, read
and adopted on ils first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#28180) AN ORDINANCE authorizing the appropriate City officials
Lo enter into a lease agreement with the United SLates of /~merica for a
localizer antenna structure aL the Roanoke Regional Airport, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 612.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Gar1 and and Mayor Taylor- - ....... 7.
NAYS: None-- - ............... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:55 p.m., the Mayor declared the meeting in recess.
At 11:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
SCHOOLS: The Mayor advised that there is a vacancy on the Jeffer-
son High School Committee created by the resignation of Rebecca C.
Locke for a term of one year commencing July 1, 1986, and ending June
30, 1987, and called for nominations to fill the vacancy.
!~r. Trout placed in nomination the name of Vaunda Leftwich.
There being no further nominations, Vaunda Leftwich was elected as
a m~ber of the Jefferson High School Committee for a term of one year
commencing July 1, 1986, and ending June 30, 1987, by the following
vote:
ACTION:
FOR MS. LEFTWICH: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor .... ' ........7.
CELEBRATIONS: The Mayor advised that there is a vacancy on the
Spe~ Events Committee created by the resignation of E. Laban
Johnson for a term of one year commencing July 1, 1986, and ending
June 30, 1987, and called for nominations to f~ll the vacancy.
ACTION:
461
Mrs. Bowles placed in nomination the name of Marc J. Small.
There being no further nominations, Marc J. Small was elected as a
member of the Special Events Committee for a term of one year com-
mencing July 1, 1986, and ending June 30, !987, by the following vote:
FOR MR. SMALL: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor ..... 7.
PENSIONS: The Mayor advised that the four year terms of F. Wiley
Hubbell and L. Bane Coburn, and the two year term of Frances S. Boon as
members of the Board of Trustees, City of Roanoke Pension Plan, will
expire on June 30, 1986, and called for nominations to fill the vacan-
cies.
Mr. Harvey placed in nomination the names of F. Wiley Hubbell,
L. Bane Coburn and Frances S. Boon.
There being no further nominations, F. Wiley Hubbell and L. Bane
Coburn were reelected as members of the Board of Trustees, City of
Roanoke Pension Plan, for a term of four years each ending June 30,
1990, and Frances S. Boon was reelected as a member of the Board of
Trustees, City of Roanoke Pension Plan, for a term of two years ending
June 30, 1988, by the following vote:
ACTION: FOR MS. BOON AND MESSRS. HUBBELL AND COBURN: Council members
Harvey, F.~sser, Trout, Bowers, Bowles, Garland and Mayor Taylor ...... 7.
There being no further business, the Mayor declared the meeting
adjourned at 11:35 p.m.
APPROVED
ATTEST:
City Clerk
462
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 16, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 16, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~.9ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bow]es, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor ..... 7.
ABSENT: None ....................
OFFICERS PRESENT: Mr. Ear] B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dib]ing, Jr., City Attorney; Mr. James D. Grisso, Deputy Director
of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened ~th a prayer by The Reverend Ronnie Eason,
Pastor, Green Ridge Baptist Church.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
Mrs. Marion V. Crenshaw, Youth Planner, appeared before Council and
introduced the Prince and Princess Campers from Daleville, Virginia, consisting
of 25 young persons ranging in age from 6 - 12.
.- . ,, ~ ELECTIONS: Mr{ Alton B. Prillaman, Secretarx~, ~anoke City Electoral
Board,~appear~d before Council and presented certif'icatd~ of election to, Council
members Howard E. Musser, Robert A. Garland and James O. Trout for their new
Council terms commencing July 1, 1986, and ending June 30, 1990.
BID OPENINGS:
ACTION:
ACTION:
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for bituminous concrete overlays and pavement profiling of various
streets within the City, said proposals to be received by the City
Clerk until 1:30 p.m., on t~nday, June 16, 1986, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER BASE BID ALTERNATE
Virginia Asphalt Paving Co., Inc.
Adams Construction Company
S. R. Draper Paving Company, Inc.
L. H. Sawyer Paving Company, Inc.
$673,960.68
695,437.73
766,159.18
832,178,12
$33,300.00
27,750.00
42,550.00
44,400.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. lhe motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
463
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be rmnoved from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and per-
sonnel matters relating to vacancies on various authorities, boards,
commissions and co~nittees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, May 12, 1986; and Monday, May 19, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the fo]lowing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None ..................................
CITY TREASURER: A communication from Mr. Gordon E. Peters,
Treasurer, transmitting the May, 1986, Statement of 1985-86 Revenue
Receipts for the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the fo]lowing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .... 7.
NAYS: None ........................
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
member Masser to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................... 7.
NAYS: None .......... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
464
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None .... O.
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MAt~GER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PLANNING-GRANTS: The Assistant City Manager submitted a
written report of the City Manager advising that Council authorized the
filing of an application with the Department of Housing and Urban
Development for fiscal year 1986-87 Community Development Block Grant
Entitlement on April 14, 1986, pursuant to Resolution No. 28091; that
the approval of HUD of the City's application was received in a letter
dated May 19, 1986; that grant approval is for the amount requested by
the City or $1,283,000.00; and the report includes $593,000.00 in
expected CDBG program income from parking receipts, Housing Authority
rehab loan payback, Cooper Industries Land Lease and the Coca-Cola UDAG
loan payback.
The City Manager recommended that Council adopt a resolution
accepting the fiscal year 1986-87 CDBG funds approved by HUD and that
he be authorized to execute the requisite Grant Agreement, Funding
Approval, and any other forms required by HUD on behalf of the City in
order to accept such funds; and appropriate $1,876,000.00 to accounts
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28196) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 624.)
Mrs. Bowl es moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- .7.
NAYS: None ......... O.
Mrs. Bowles offered the following Resolution:
(#28197) A RESOLUTION accepting a certain Community Development
Block Grant offer made to the City by the United States Department of
Housing and Urban Development for funds for Fiscal Year 1986-1987; and
authorizing execution of the City's acceptance of such grant and the
agreement on behalf of the City to comply with the terms and conditions
of the grant and applicable laws, regulations, and requirements per-
taining thereto.
(For full text of Resolution, see Resolution Book No. 49, page 625.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the roi]owing vote:
AYES: Council members f~Jsser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None- O.
465
HOUSING-PLANNING-GRANTS: The Assistant City Manager submitted a
written report of the City Manag~.r advising that on May 13, 1985,
Council authorized him to file a Section 108 Loan Guarantee application
with the Department of Housing and Community Development, to fund rede-
velopment by the Roanoke Redevelopment and Housing Authority (RRHA) of
industrial and commercial land in the Deanwood and Shaffer's Crossing
Redevelopment Areas; and on August 8, 1985, he received notification
that the City's request for $922,300.00 in a 108 Guaranteed Loan had
been approved.
The City Manager stated that the Housing Authority, on August 12,
1985, approved the Shaffer's Crossing and Deanwood Redevelopment Plans
and transmitted them to the City of Roanoke Planning Commission for
review on August 21, 1985; and Council approved the plans on August 26,
1985. The City Manager further stated that both the promissory note and
a contract pledging future grant funds from the Community Development
Block Grant (CDBG) program and program income as security for the loan
were executed on October 11, 1985; that the prmnissory note and
contract will expire on August 1, 1986; that delays in expending funds
will push acquisition of property beyond August 1, 1986, which dictate
that a new note be executed extending the draw down period for an addi-
tional year; that funds for repa)qnent of the new note, as for repayment
of the previous note, will be taken from future CDBG entitlements, with
payments on loan principal to begin on August 1, 1987, and extend over
six years; and based on a current rate of nine per cent, which rate
could change between now and August, 1987, at which time it will be
locked in, City staff estimates equal payments of approximately
$205,600.00 will be due in 198/ and eacll year thereafter; and the only
change in financial details between the old and new notes is the
deferral of an interim interest payment from August, 1986 to August,
1987.
The City Manager recommended that he be authorized to execute the
new Promissory Note and Contract with an initial maturity date of
August 1, 1987, with the Department of Housing and Community Develop-
ment for a Loan Guarantee for $922,300.00 to fund acquisition and deve-
lopment by the Housing Authority in the Deanwood and Shaffer's Crossing
Redevelopment areas.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28198) A RESOLUTION authorizing the execution of a contract for
loan guarantee assistance under Section 108 of the Housing and
Community Development Act of 1974 and certain related documents.
(For full text of Resolution, see Resolution Book No. 49, page 626.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor, 7.
NAYS: None- . ........... O.
BUDGET-HUMAN RESOURCES-MUNICIPAL NORTH: The Assistant City Mana-
ger submitted a written report of the City Manager advising that a
paging system is required for use by Social Services in the .Municipal
North Complex to supplement the telephone system; that this department
has 150 employees assigned on three f)oors of the building; that inter-
relation of the workers is such that personnel move throughout the
building as a common routine: i.e., secretarial pool, common file
rooms and shared dictating areas necessitate that case workers are not
desk bound; and the paging system will be used to distribute telephone
calls.
It was noted that the paging system has been utilized for this
purpose by Social Services in most previous locations; that the paging
system was not included in design specifications for the Municipal
North Complex as it was not included in the original project funding;
that funding is available in the Capital Reserve Account No. A01-9419-
900-01, to acquire and install a paging system in the Municipal North
Complex; and timing necessary for completion of specifications and
solicitation of bid proposals does not allow for utilization of these
funds before the close of fiscal year 1985-86.
466
The City Manager recommended that $16,000.00 be transferred from
Capital Reserve Account No. A01-9410-900-01 to the Municipal North
Capital Project Account No. A08-1101-906-03, in order to allow for the
acquisition and installation of a paging system in the Municipal North
Comp1 ex.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28199) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 626.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None-- O.
BUDGET-EQUIPMENT: The Assistant City Manager submitted a written
report of the City Manager concurring in a report of the Bid Committee
with regard to bids for replacement of communications equipment.
The Bid Committee recommended that Council accept the lowest
responsible bids, as follows:
Motorola Communications and Electronics, Inc., to
provide replacement recording equipment, for the
total amount of $8,860.00.
E. F. Johnson Company to provide the vehicular two-
way aeronautical radios, for the total amount of
$6,138.00.
The Comn. ittee also recommended that Council appropriate
$14,998.00, which is within the estimated costs, from Capital Mainten-
ance and Equipment Replacement Program to Communications Department,
Account No. A01413090020.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28200) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No.'49, page 627.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ...................
.0.
Mr. Harvey offered the following emergency Ordinance:
(#28201) AN ORDINANCE accepting the bids for recorders and aero-
nautical two-way radios; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 628.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
467
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- - ........ 1.
NAYS: None .........
BUDGET-EQUIPMENT: The Assistant City Manager submitted a written
report of the City Manager concurring in a report of the Bid Com~nittee
with re~erence to replacement of communications equipment.
Im
The Bid Committee recommended that Council award bids for replace-
ment of communications equipment, totaling $44,195.05, as follows:
One two-way base station to Motorola Communications
and Electronics, Inc., in the amount of $7,719.00.
Two 110 watt two-way vehicular radios to General
Electric Company, in the amount of $3,250.90.
Seventeen 40 watt two-way vehicular radios to Gen-
era] Electric Company, in the amount of $25,125.15.
Six 2 watt portable radios to Motorola Con~nunica-
tions and Electronics, Inc., in the amount of
$8,100.00.
The Bid Committee also recommended that all other bids be rejec-
ted; and that Council appropriate $44,195.05, which is within the esti-
mated costs, from Capital Maintenance and Equipment Replacement Program
to Communications Deparb,ent, Account No. A01413090020.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28202) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 628.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Tay)or- - ...... 7.
NAYS: None-- - .......... O.
Mrs. Bowles offered the following emergency Ordinance:
(#28203) AN ORDINANCE accepting bids for certain communications
equipment, including a two-way base station, vehicular radios and port-
able radios; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 629.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Masser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None ....................
BUDGET-EQUIPMENT-PARKS AND PLAYGROUNDS: The Assistant City Mana-
ger submitted a written report of the City Manager concurring in a
report of the Bid Committee with reference to Grounds Maintenance
equipment.
The Bid Committee recommended that Council accept the following
bids:
468
One Tractor Pulled Turf Sweeper and Hydraulic
Thatcher with diesel engine (0lathe, Model #11169)
from Richmond Power Company, Inc.,
for the total amount of $ 8,789.00
One 3-Reel Gang Mower (Toro Turf Pro 84, Model
#03537 & 03542) from Richmond Power Equipment
Company, inc.,
for the total amount of 12,114.00
Two 62" Rotary Cut Mowers with gasoline engine
(Jacobson, Model #GA200 TURFCAT Il) from G. L.
Cornell Company,
for the total amount of 12,644.00
One 7-reel Gang Mower with diesel engine (Toro
Parkmaster, Model #33787, 70210, 70196, 010005 and
01304) from Richmond Power Equipment Company, Inc.,
for the total amount of 27,801.00
TOTAL $61 , 348.00
The Committee al so recommended that Council appropriate
$61,348.00 from fiscal year 1985-86 Capital Maintenance and Equipment
Replacement Program into the Grounds Maintenance Other Equipment
Account No. A01434090020; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28204) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 630.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowies and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... 7.
NAYS: None ..................
Mr. Garland offered the following emergency Ordinance:
(#28205) AN ORDINANCE accepting bids for grounds maintenance
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 630.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..................... 7.
NAYS: None ............
PARKS AND PLAYGROUNDS: The City Manager having previously placed
reports on the agenda reserving space for reports with regard to bids
for repair of the Washington Park box culvert; and an engineering
agreement for preparation of plans and specifications to repair damage
to the Washington Park box culvert, the Assistant City Manager orally
requested that the reports be withdrawn from the agenda.
ACTION:
Mr. Harvey moved that Council concur in the Assistant City Mana-
ger's request to withdraw the reports. The motion was seconded by Mr.
Bowers and unanimously adopted.
m
BUDGET-CITY EMPLOYEES-PERSONNEL: The Assistant City Manager sub-
mitted a written report of the City Manager with regard to reallocation
of personnel lapse funds for capital projects, advising that Council
conducted a public hearing on June g, 1986, to consider an amendment to
the General Fund budget for unanticipated General Revenue Sharing funds
totaling $1,255,712.00; and Council appropriated these unanticipated
General Revenue Sharing funds to the Fire and Police Departments for
the purpose of paying employee salaries, as recommended by the City
Administration, which use of General Revenue Sharing is consistent With
prior fiscal years.
It was explained that personnel lapse is now available, in the
amount of $1,255,712.00, in the Fire and Police Departments and can be
reallocated for alternate uses; and capital project funding needs exist
in such categories as:
Improvements to facilities to allow access by and
utilization by the handicapped, such as:
-Elevator at the Civic Center Auditorium and Exhibit Hall
-Restrooms at the Civic Center Auditorium,
Health Department and Williamson Road Branch
Library
-Seating at the Civic Center Auditorium and
Col i seum
-Water fount ai ns at various 1 ocations-Wheelchair lift at the Civic Center Auditor-
Airport Terminal Project
Other capital projects previously approved by
Council in the 5-year Capital Improvement Program.
It was further explained that timing does not allow the develop-
ment, advertisement, receipt and award of bids for such projects before
the end of fiscal year 1985-86; and available personnel lapse funds
would Fevert to the Capital Maintenance and Equipment Replacement
Program or undesignated fund balance if not used.
The City Manager recommended that Council concur in the following:
Transfer available personnel lapse from the following accounts:
-Police Patrol
-Fire Suppression
A01311310002
A01321310002
$627,856.00
627,856.00
to the following Capital Project Fund accounts:
-Capital Improvement Reserve Account No. A08-3101-
725-00 ($948,712.00)
-Handicap Compliance Account No. A08-1401-903-03
($307,000.00)
The City Manager advised that approval of the reconinendation will
allow the City Administration sufficient time to develop, advertise,
receive and award bids for the specific capital projects mentioned,
with ultimate approval of funding for these projects resting with
Council at a future date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
469
70
ACTION:
ACTION:
ACTION:
(#28206) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No, 49, page 631.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- - ........ 7.
NAYS: None- O.
BUDGET-CITY EMPLOYEES-PERSONNEL: The Assisant City Manager and
Director of Finance submitted a joint written report with regard to
second half personnel lapse, advising that the 1986 fiscal year General
Fund budget includes $500,000.00 of anticipated lapse of salary and
wages; that the majority of changes on a proposed budget ordinance will
reduce various departmental salary and wage budgets and decrease the
budgeted lapse account by the same amount; and the total salary and
wage lapse remaining will be as follows:
Original budgeted amount
First half lapse realized
Second half lapse realized
Total unrealized
$ 500,000.00
(250,000.00)
(250,000.00)
$ -- 0
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28207) AN ORDINANCE to amend and reordain certain sections of
the lg85-86 General and Internal Services Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 632.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None-- O.
ZONING-INDUSTRIES: The Assistant City Manager submitted a written
report of the City Manager advising that the Roanoke Centre for
Industry and Technology (RCIT) was established in 1983 and is zoned for
Light Manufacturing uses, with the exception of Official Tax Nos.
7240101 and 7280101; that the properties in question, through an over-
sight, were not included in the original rezoning request which was
pursued for the Centre; that the properties are currently vacant; that
Cooper Industries adjoins the subject parcels; that the Zoning Ordi-
nance has not been violated; and zoning of properties should be LM to
be consistent with other RCIT parcels.
The City Manager recommended that he be authorized to sign a
rezoning petition inasmuch as the present AG, Agricultural District, is
not consistent with the manufacturing uses intended for the RCIT.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recon~nendation of the
City Manager. The motion was seconded by Mr. Garland and unanimously
adopted.
ACTION:
ACTION:
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report advising
that it has been the recent custom of Council to reenact and recodify
the City Code on an annual basis in order to recognize and include in
the City Code amendments made by the General Assembly at the previous
Session to State statutes that are incorporated by reference in the
City Code; and this housekeeping procedure will insure that the ordi-
nances codified in the City Code are not subject to challenge on the
basis that State statutes incorporated by reference by Council have
been amended subsequent to Council action.
Mr. Dibling explained that the Code of the City of Roanoke (1979),
as amended, incorporates by reference certain specific provisions of
the Code of Virginia (1950), as amended; that incorporation by refer-
ence is frequently utilized in order to prevent having to set out
lengthy provisions of State statutes in their entirety and this tech-
nique also insures that local ordinances are always consistent with
State law as is required.
The City Attorney advised that the Attorney General has ruled that
local governing bodies may adopt statutes by reference and may also
adopt statutory amendments by reference, providing that the amendments
by the local governing body are subsequent to the statutory amendments,
and by readopting and reenacting the Code of the City of Roanoke
(1979), as amended, the procedure recommended by the Attorney General
will be followed; and recommending that Council adopt an ordinance to
readopt and reenact the Code of the City of Roanoke (I979).
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28208) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 634.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None .... O.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of May, 1986.
(For full text, see financial report on file in the City Clerk's
Of fi ce.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
REPORTS OF COMMITTEES:
BUDGET-FIRE DEPARTMENT: Council member Robert A. Garland, Chair-
man of a con~nittee appointed by the Mayor to tabulate bids received for
roof replacement at Fire Station No. 2 at Courtland and Noble Avenues,
N. E., presented a written report on behalf of the committee, recom-
mending the following:
Authorize the City Manager to enter into a contrac-
tual agreement with Valley Roofing Corporation of
Roanoke to replace the roof on Fire Station No. 2
in accordance with the contract documents as pre-
pared by the City Engineer, in the amount of
$15,017.00, and 30 consecutive calendar days.
Establish a contingency amount of $383.00 for a
total project amount of $15,400.00. Grant per-
mission to the City Administration to release the
remaining obligations of the present roof bond and
to receive the new lO-year bond for the roof repla-
cement.
471
472
ACTION:
ACTION:
Funding for the-City financed portion of the pro-
ject is available in Building Maintenance Account
No. A01433034061 and from the bonding company.
Appropriate $7,508.50 due from the bonding company
to Account No. A01433034061 and establish an
account receivable for these funds.
Reject the other bid received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28209) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 635.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................... 7.
NAYS: None ....... O.
Mr. Garland offered the following emergency Ordinance:
(#28210) AN ORDINANCE accepting the bid of Valley Roofing
Corporation for replacement of the roof at Fire Station #2, upon cer-
tain terms and conditions, and awarding a contract therefor; authoriz-
ing the proper City officials to execute the requisite contract and
accompanying documentation for such work; rejecting all other bids made
to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 636.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................. 7.
NAYS: None ..........................
Om
SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for new crib walls for Lagoons No. 4 and No. 5 at the Water
Pollution Control Plant, presented a written report on behalf of the
committee, recommending the following:
Authorize the City Manager to enter into a contrac-
tual agreement with Dixon Contracting, Inc., of
Fincastle, Virginia, to provide and install new
crib walls at Lagoons 4 and 5 and related work at
the Water Pollution Control Plant in accordance
with the contract documents as prepared by the City
Engineer, in the amount of $65,900.00, and 90 con-
secutive calendar days. Establish a contingency
amount of $4,100.00, for a total project amount of
$7O,OOO.OO.
Funding for the project is available in STP Flood
Repair Account No. A03511091401.
Reject the other bids received.
(For full text, see report on file in the City Clerk's Office.)
!
473
mACTION:
m
llr. Garland offered the following emergency Ordinance:
(#28211) AN ORDINANCE accepting the bid of Dixon Contracting,
Inc., of Fincastle, Virginia, for the construction of new crib wails
for Lagoons No. 4 and 5 at the Water Pollution Control Plant, upon cer-
tain terms and conditions, and awarding a contract therefor; authoriz-
ing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 637.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None ....... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28182 rezoning three tracts of land lying
adjacent to Westover Avenue, S. W., containing .517 acres, being Lots
18, 19 and 20, Block 10, Section 5, ~p of Virginia Heights Corpora-
tion, designated as Official Tax Nos. 1431818, 1431819 and 1431820,
from RD, Duplex Residential District, to C-2, General Commercial
District, subject to certain proffered conditions, having previously
been before the Council for its first reading on Monday, June 9, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#28182) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 143, Sectional 1976 Zone
Map, City of Roanoke to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
' (Fo~ full text ~rf.O~dinance, see Ordinance Book No. 49, page 622.)
ACTIONi Mr. Harvey mired the adoption of the Ordinance. The moti6~ was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Harvey and
Mayor Taylor ..... 6.
NAYS: None-
(Council member Garland abstained from voting.)
COMMONWEALTH OF VIRGINIA BUILDING: Ordinance No. 28186 authoriz-
ing the appropriate City officials to enter into an amendment to the
lease agreement between the City and the United States of America,
through the General Services Administration, for use of space in the
Commonwealth of Virginia Building by the Bankruptcy Court, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, June 9, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28186) AN ORDINANCE authorizing the appropriate City officials
to enter into an amendment to the lease agreement between the City and
the United States of America, through the General Services Administra-
tion, for use of space in the Con~nonwealth of Virginia Building, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 623.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None ..........................
Oe
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR C~tMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:35 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened i~', the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
PARKS AND PLAYGROUNDS: The Mayor advised that there is a vacancy
on the Board of Directors, Virginia Museum of Transportation, created
by the resignation of W. Robert Herbert, as the City's representative,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Council member
James O. Trout.
There being no further nominations, Council member James O. Trout
was elected as the City's representative to the Board of Directors of
the Virginia Museum of Transportation, Inc., by the following vote:
ACTION: FOR MR. TROUT: Council members Musser, Trout, Bowers, Bowles,
Garl and, Harvey and Mayor Taylor ........ 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:25 p.m.
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 23, 1986
2:00 p.m.
475
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 23, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ...... 7.
ABSENT: None ......... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Paul L. Morgan,
Retired Minister.
The Pledge of ~legiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for Mill Mountain Park -Phase Ii Improvement Project, said propo-
sals to be received by the City Clerk until 1:30 p.m., on Monday,
June 23, 1986, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID ALT. /fi ALT. #2
Boxley Construction Co.
Acorn Construction, Ltd.
Construction Services of
Roanoke, Inc.
$197,350.00 $13,050.00 $15,150.00
218,000.00 18,000.00 31,000.00
249,157.00 12,012.00 18,433.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
five requests for Executive Sessions to discuss a personnel matter;
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council; two matters relating
to disposition of publicly held property; and a matter pertaining to
potential litigation.
476
ACTION:
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, May 27, 1986; and Monday, June 2, 1986, were before the body.
(For fu)l text, see minutes on fi]e in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... -7.
NAYS: None .........
O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950)
as amended, was before the body. '
(For full text, see communication on file in the City C]erk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bow)es
and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None ........
'0.
COUNCIL: A communication from Council member Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950) as amended was
before the body. ' ,
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council membecs Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
'0,
ROANOKE AREA HEALTH COUNCIL: A communication from Ross C. Hart
tendering his resignation as a member of the Roanoke Area Health Coun-
cil, effective June 13, 1986, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bow)es and adopted by the following vote:
AYES: Council members'Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... -7.
NAYS: None .........
-0o
PENSIONS: A report of qualification of Frances S. Boon for a term
of two years ending June 30, 1988, and L. Bane Coburn for a term of
four years ending June 30, 1990, as members of the Board of Trustees
City of Roanoke Pension Plan, was before Council. '
(See Oaths of Office on file in the City Clerk's Office.)
477
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None- O.
SCHOOLS: A report of qualification of Edwin R. Feinour as a
Trustee of the Roanoke City School Board for a term of three years
beginning July 1, 1986, and ending June 30, 1989, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 1.
NAYS: None- O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss two matters relating to disposition of publicly held
property, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the requests of the City
Manager to convene in Executive Session to discuss two matters relating
to disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...................... 7.
NAYS: None- O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter pertaining to potential litigation,
pursuant to Section 2.1-344 (al (6), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter per-
taining to potential litigation, pursuant to Section 2.1-344 (a) (6),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None ...........................
Om
m
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND C~4MUNICATIONS:
HOUSING-INDUSTRIES: A communication from Mr. Alton L. Knighton,
Jr., Attorney, representing the City of Roanoke Redevelopment and
Housing Authority, advising that on March 17, 1986, Council adopted a
resolution approving a financing by the Housing Authority for the bene-
fit of Market Square Land Trust; that since the resolution was adopted,
478
his clients have learned that a portion of the financed project may be
used for purposes which were not described in the resolution; that
federal law requires that the resolution describe the uses of the pro-
ject; and proposing that Council adopt a revised resolution with
respect to the financing, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28212) A RESOLUTION approving the plan of the City of Roanoke
Redevelopment and Housing Authority for the benefit of Market Square
Land Trust to the extent required by Section 103(k) of the Internal
Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 637.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and aC~,pted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............... 7.
NAYS: None .......... O.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
036-060-6116-6001 - $175,285.00 for the ECIA Chap-
ter I Early Childhood and Se-
cond Step Programs to provide
instruction and guidance to
targeted students. The program
is reimbursed one hundred per
cent by federal funds.
036-060-6546-6010- $51,078.64 for the Bureau of
Crippled Children Program to
provide funds for the salary
and expenses of the consultant
at the bureau. The expenses
are reimbursed one hundred per
cent by state funds.
036-060-6547-6010 - $42,901.26 for the Juvenile
Detention Home Program to pro-
vide funds for the salary and
expenses of the consultant at
the home. The expenses are
reimbursed one hundred per cent
by state funds.
036-060-6548-6010 ~ $48,561.56 for the Child Deve-
lopment Clinic Program to pro-
vide funds for the salary and
expenses of the consultant at
the clinic. The expenses are
reimbursed one hundred per cent
by state funds.
036-060-6921-6005 - $500,000.00 for the Governor's
School to provide science in-
struction to gifted high school
students from the area sur-
rounding and including Roanoke
City. The program will be sup-
ported by state funds and tui-
tion collected from the school
divisions which enroll students
at the school.
ACTION:
It was also requested that an additional $125,000.00 be appro-
priated for the construction cost of the Governor's School for Science
and Technology, which represents the increased level of funding from
the Literary Loan Fund approved by the State Board of Education; and
additionally, that Council transfer funds, in the amount of $40,000.00,
from the Debt Service Category to the Maintenance of Plant Category to
provide funds for the ongoing maintenance effort for the remainder of
this school year.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation; that the Bureau of Crippled Children,
Juvenile Detention Home, and Child Development Clinic grants are funded
with 100~ state funds; that the Governor's School science instruction
program is funded with state funds and tuition; that the ECIA Chapter I
Early Childhood Program is funded with 100% federal funds; and recom-
mending that Council concur in the requests of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28213) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General, Capital and Grant Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 638.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................................
NAYS: None ..................................
O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY MEDICAL SERVICES: The City Manager submitted a ~'itten
report with regard to the Pre-Hospital Emergency Medical Care Program,
advising that in October, 1984, Council appointed members to an Emer-
gency Medical Services Con~ittee; that the purpose of the committee was
to evaluate the undertaking by the City to contract with the volunteer
rescue squads for paid supplemental personnel to answer calls around
the clock; that a contract was signed in late 1984 between the three
rescue squads and the City; and on January 1, 1985, the system was
initiated, utilizing several additional elements put into place at that
time, as follows:
A fourth location, designated as #4 Satellite
Station on Mel rose~'~A~r~nue, located in rented and
refurbished quarters of a former gas station.
Thirty-eight additional persons were hired as extra
help - 12 as temporary full-time, 20 as temporary
part-time and six on call, to fill-in as needed.
Of these persons, 20 are paramedic qualified and 18
are qualified to deliver cardiac care technology.
A fast response automobile was provided by the
City, from a refurbished former police cruiser, and
located at the 4th Satellite Station. An Advanced
Life Support vehicle was relocated from the Hunton
Crew Hall to the 4th location. The fourth location
is operated under the direction of the Hunton Res-
cue Squad.
479
48O
It was explained that on May 12, 1986, th~ Emergency l~dical
Services Committee submitted its report to Council after review and
evaluation of the volunteer rescue system assisted by paid, advanced
level rescue persons; and the critical concerns contained in that
report are summarized as follows:
Consistent driver/EMT support on all calls does not
currently exist.
City continue to provide the paid, supplemental,
advance level rescue personnel.
Review and refine agreement between volunteer res-
cue squads and the City.
Five per cent pay increase for full-time, City paid
advanced life support (ALS) personnel, as well as
the part-time and on-call employees.
Establish a committee to work toward standardiza-
tion of EMS Service throughout the City.
Mr. Herbert advised that on May 12, 1986, Council referred the
Emergency Medical Services Committee report to him for review and
recom~nendation; that the fiscal year 1986-87 budget, adopted by Council
on May 12, 1986, includes $279,840.00 for the continuation of the City
paid, ALS personnel support to the volunteer rescue squads; that the
level of funding includes a five per cent pay raise for ALS employees;
and a proposed "refined agreement", addressing critical concerns of the
current EMS Committee, has been developed and accepted by all three
volunteer rescue organizations, a summary of the major elements con-
tained in the "refined agreement" having been attached to the report.
The City Manager recommended that Council take the following action:
Authorize the City Manager, in a form acceptable to
the City Attorney, to execute the "refined agree-
ment'';
Appoint an Advisory Committee for Emerg.ency Medical
Services to assist the rescue squads in complying
with the "refined agreement". Also, review and
evaluate the City's Emergency Medical Program as it
relates to the "refined agreement" and submit a
report to City Council in this regard by Febru-
ary 28, 1987. The current Council appointed EMS
Committee should be dissolved now; and
Transfer $27,100.00 from fiscal year 1987 General
Fund Contingency Reserve Account 001-002-9410-2199
to Emergency Medical Services budget line items in
the following amounts:
Acct. No. Acct. Name Amount
001-050-3521-1004
001-050-3521-1120
001-050-3521-1002
001-050-3521-1125
001-050-3521-1130
Extra ttelp
Employer's F.I.C.A.
Vacation, Sick,
Holiday
Hospitalization
Insurance
Group Life Insurance
$16,482.31
1,177.86
7,776.00
1,663.83
TOTAL $27,100. O0
(For full text, see report on file in the City Clerk's Office.)
481
ACTION:
ACTION:
ACTION:
I
Mr. Musser offered the following emergency budget Ordinance:
(#28214) AN ORDINANCE to amend and reordain certain sections of
the lg85-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 640.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--. - ...... 7.
NAYS: None-
Mr. Musser offered the following emergency Ordinance:
(#28215) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Hunton Life Saving and First Aid Crew, Incorporated,
Roanoke Life Saving and First Aid Crew, Incorporated, and Williamson
Road Life Saving and First Aid Crew, Incorporated, relating to pre-
hospital emergency medical care; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 641.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout Bowers Bowles, Garland, Harvey,
Musser and Mayor Taylor--
NAYS: None- - ...... O.
PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that the Department of Social Services has been issuing food
stamps by the over-the-counter method since 1974 when the City first
began distrib,~mtion; that food stamp recipients presently report to the
Billings and Collections Department to pick up their stamps on spe-
cified days of the month, and recipients, including aged and disabled,
must stand in line waiting their turn to be served.
It was explained that the City of Roanoke has advertised for bid
to contract for mail issuance of food stamps; and one bid was received
from Cost Containment, Inc., to provide the service.
The City Manager recommended that he or his designee be authorized
by Council to enter into a contract with Cost Containment, Inc., to
provide for mail issuance of food stamps, effective July 1, 1986, or as
soon thereafter as possible, said contract to be approved as to form by
the City Attorney prior to execution.
Mr. Bowers offered the following emergency Ordinance:
(#28216) AN ORDINANCE authorizing a contract with Cost Contain-
ment, Inc., providing for the mail issuance of food stamps; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 642.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr s. Bow1 es.
Mr. E. Bruce Bloodworth, President, League of Older Americans,
Inc., and Ms. Elaine Engleman, representing the League of Older
Americans, Inc., appeared before Council in support of the recommen-
dation of the City Manager. Ms. En~leman advised that she has assisted
a number of elderly persons in obtaining their food stamps by acting as
their authorized agent because many elderly citizens are physically
unable to come to the Municipal Building or they have no transpor-
tation. She explained that she has been responsible, as their
authorized agent, to pick up their food stamps, deliver them to their
home, and do their grocery shopping in many instances.
482
Ms. Engleman also referred to the difficulty experienced by some
elderly citizens to pick up their cheese and butter allotment, and
inquired if the City could work out a better method of distribution
rather than have elderly citizens stand in line for long periods of
time.
Following discussion of the matter, Ordinance No. 28216 was
adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None ....... O.
Mr. Harvey moved that the matter of distribution of cheese and
butter be referred to the City Manager for study and report to Council.
The motion was seconded by Mr. Trout and unanimously adopted.
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that Council authorized the renewal of the lease of the Health
Center Facility to the State Department of Health for a five year term,
July 1, 1981, through June 30, 1986, pursuant to Ordinance No. 25561,
dated May 4, 1981; that state law, enacted in 1980, eliminated automa-
tically renewable leases by state agencies; that the City's lease time
limit is five years without advertisement; and the Health Center was
originally constructed in 1951, at a cost of $400,901.55, using Federal
Hill-Burgon funds, with the City paying 33.5 per cent of the cost.
It was noted that a new lease has been submitted by the State
Department of Health; and the rate structure has been revised in a pro-
posed new five year lease to provide for increases in City maintenance
costs.
The City Manager recommended that Council authorize the appro-
priate City officials to execute a new five year lease agreement with
the State Department of Health for their use of the Health Center faci-
lity with the following rate schedule:
1st year $36,000.00
2nd year 38,250.00
3rd year 40,500.00
4th year 42,750.00
5th year 45,000.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28217) AN ORDINANCE authorizing the proper City officials to
enter into a five-year lease between the City and the Virginia State
Department of Health, for use of the Health Center Facility and
surrounding property at Campbell Avenue, S. W., and 8th Street, S. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 657.)
ACTION: The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 7.
NAYS: None .............
BUDGET-WATER DEPARTMENT: The City Manager submitted a written
report advising that Council approved funds in the fiscal year 1985-86
budget, in the amount of $250,000.00, for Water Fund Account No. A02-
5110-904-01, New Services, Hydrants, Lines; that this was an estimate
of funds needed to cover the cost of installation of customer requested
work such as domestic services, fire services, water lines under main
extension agreements and Water Department required work, with most
other work being reimbursed by customer fees; and revenue from Connec-
tion Charges and Customers Work through May 30, 1986, amounted to
$191,630.28.
m
ACTION:
ACTION:
It was explained that current recovery and utility requirements
continue with an increased demand for customer services and work; that
current year-to-date expenditure as of May 30, 1986, in Water Fund
Account New Services, Hydrants, Lines is $380,586.23, for an over-
expenditure of $140,586.23; that the Water Fund Account Unidentified
Plant Replacement has a positive balance of $124,224.47 as of May 30,
1986; and of this amount $90,000.00 is available for transfer to Water
Fund Account New Services, Hydrants, Lines.
It was further explained that appropriation of $120,000.00 from
Water Fund retained earnings and transfer of $90,000.00 from Water Fund
Account Unidentified Plant Replacement (A02511090501) is needed to
cover the over-expenditure and to provide necessary funding for New
Services, Hydrants, Lines (A02511090401) through June 30, 1986, and is
based on the best available estimate.
The City Manager recommended that Council appropriate $120,000.00
from Water Fund retained earnings and transfer $90,000.00 from Water
Fund Account No. A02511090501 - Unidentified Plant Replacement to Water
Department Account No. A02511090401 - Capital Outlay From Revenue - New
Services, Hydrants and Lines.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following energency budget Ordinance:
(#28218) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 642.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... 7.
NAYS: None ...... O.
BUDGET-FLOODS: The City Manager submitted a written report
advising that on May 20, 1986, the City received $39,305.19 from the
federal government as partial reimbursement for flood-related costs;
and partial payment received was deposited in the General Revenue
Account R01091030 (Flood of '85), with a journal entry adjustment of
$9,750.00 to satisfy a receivable in the Internal Service Fund X06-
1121-01.
It was explained that the remaining amount of $29,555.19 needs to
be appropriated and transferred to the Capital Fund - Flood of '85 to
continue the efforts by various departments in the City in their reco-
very program.
The City Manager recommended that Council increase the General
Fund revenue estimate by $29,555.19 for Revenue Account R01091030 and
appropriate $29,555.19 to the Capital Projects Fund Account - Flood of
'85 A08240191003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28219) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 643.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
483
48,d-
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. -7.
NAYS: None .......
HOUSING: The City Manager submitted a written report advising
that the Critical Home Repair Progrmn is designed to subsidize criti-
cally needed repairs to homes of very low income homeowners throughout
tile City; that generally the program is aimed at those critical aspects
of a residence, which include the roof, electrical, plumbing and heat-
ing systems, all essential for habitation; that the program design in
the past has included a maximum subsidy of $6,000.00, subsidy in the
form of a grant, i.e., no repayment, and limited to very low income
homeowners.
It was noted that performance of the program since its inception
in lg82 has been to make $1,165,000.00 of critically needed repairs to
232 houses, keeping them livable; and all funding for the program has
been from the Community Development Block Grant.
Mr. Herbert explained that 1986-87 funding for the program has
been approved by Council at $213,832.00 from Community Development
Block Grant Funds; that past performance of the program has been eva-
luated and discussed by staff of the City and the Housing Authority and
with neighborhood residents and groups, and the need for some adjust-
ments have been seen as a result; that adjustments to the program are
recommended by City staff, Housing-Authority staff, and citizens to
increase the effectiveness of the program in addressing needs seen in
the community, and the following adjustments are proposed:
Increase the maximum grant from $6,000.00 to
$8,000.00, the marginal $2,000.00 to be approved at
the discretion of the Director of Public Works.
This will allow for inflationary increases in the
cost of critical repairs and a degree of flexibi-
lity to address those situations where the present
grant limitations will not allow all grant repairs
to be made.
Implement a "Quick Response to Emergencies" phase
of the program, with an allocation of $30,000.00 to
remedy emergency conditions within 72 hours.
The City Manager recommended that Council approve the revised
Critical Home Repair Program, including raising the maximum grant limit
to $8,000.00 in exceptional cases, and the Quick Response to Emergen-
cies phase, noting that the program will be implemented via the annual
contract for service with the Roanoke RedevelopmEnt and Housing Autho-
rity.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28220) A RESOLUTION approving a revised Critical Home Repair
Program.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 644.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ -7.
NAYS: None ........
INSURANCE: The City Manager submitted a ~itten report concurring
in a report of the Bid Committee with reference to all risk property
liability insurance.
485
The Bid Committee recommended that Council accept the proposal as
submitted by Insurance Associates, [nc., to provide the above stated
coverage for the period June 23, 1986, to June 23, 1987, for the total
cost of $60,837.00 and reject all other bids; and that Council appro-
priate $10,695.00 from General Fund Contingency to General Services
Account A01123735005 to provide for the coverage.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28221) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 644.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... 7.
NAYS: None .......... .0.
Mrs. Bowles offered the following emergency Ordinance:
(#28222) AN ORDINANCE accepting the proposal of Insurance Associ-
ates, Inc., made to the City for all risk liability insurance for City
buildings and contents; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 645.)
i
ACT[ON:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the roi]owing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... --7.
NAYS: None----' ....
.0.
WATER DEPARTMENT-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
purchase of ductile iron water pipe.
i
The Bid Committee recommended that Council award the bid to
Griffin Pipe Products Company, for supplying the City's water pipe
requirements for a period of one year, in the roi]owing amounts, and
reject all other bids.
3" pipe, mechanical joint
4" pipe, mechanical joint
4" pipe, push-on joint
6" pipe, mechanical joint
6" pipe, push-on joint
8" pipe, mechanical joint
8" pipe, push-on joint
10" pipe, mechanical joint
10" pipe, push-on joint
12" pipe, mechanical joint
12" pipe, push-on joint
16" pipe, mechanical joint
16" pipe, push-on joint
20" pipe, push-on joint
$ 4.13 LF
$ 4.52 LF
$ 4.15 LF
$ 5.08 LF
$ 4.55 LF
$ 6.87 LF
$ 6.26 LF
$ 9.09 LF
$ 8.27 LF
$11.45 LF
$10.58 LF
$17.84 LF
$16.24 LF
$21.43 LF
(For full text, see reports on file in the City Clerk's Office.)
486
ACTION:
ACTION:
Mr. Garland offered tile following energency Ordinance:
(#28223) AN ORDINANCE accepting a bid made for providing ductile
iron water pipe to the City; rejecting other bids; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 645.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ...........
-0.
SEWERS AND STORM DRAINS-WATER DEPARTMENT-EQUIPMENT: The City
Manager submitted a written report concurring in a report of the Bid
Committee with reference to purchase of water and sewage treatment che-
micals.
The Bid Committee recommended that Council award bids for supply-
ing water and sewage treatment chemicals to the City for the period
July 19, 1986 through June 30, 1987, as follows:
liquid chlorine to McKesson Chemical for $40.00 cwt
for 150 lb. cylinders and $20.00 cwt for 2,000 lb.
cylinders;
liquid alum to Tennessee Chemical Company for
$.3349885 per gallon; and
standard ground alum to Suffolk Chemical Company
for $197.41 per ton plus $5.00 per invoice for
insurance surcharge.
The Committee recommended that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28224) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewage treatment; rejecting other bids; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 646.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... . ....7.
NAYS: None ....... O.
CITY ATTORNEY:
BUDGET-CITY ATTORNEY: The City Attorney submitted a written
report advising that the decision to self-insure as to public officials
liability, law enforcement officers liability and motor vehicle liabi-
lity has created an unanticipated demand for special counsel to defend
litigation formerly defended by attorneys selected by the City's
insurance carriers; that the City and City officials have also been the
target of some unforeseeable litigation of an unusual nature during the
current fiscal year; that these and other factors beyond the control of
his office have depleted the professional services account, and a
transfer of funds is necessary to pay outstanding statements.
The City Attorney requested that Council transfer $16,019.81 to
Fees for Professional Services, A01122020010, from Contingency Reserve,
A01941032006.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28225) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
487
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 647.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ........ O.
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance advised that the City of Roa-
noke's Internal Service Fund accounts for certain service-providing
deparbnents; that the service-providing departments within the Internal
Service Fund recover the costs of providing certain services by charg-
ing tile receiving departments; and the costs are recovered to the In-
ternal Service Fund as revenue.
It was explained that appropriations to charge for internal ser-
vices were allocated in the current fiscal year budget throughout the
various departments based on estimated usage; that usage has varied
from the original estimates; that it is necessary to make certain
appropriation transfers between several departments to provide suf-
ficient funds for internal services for the remainder of the fiscal
year; and these transfers will not increase the original budgeted
amounts, only reallocate those amounts between departments.
The Director of Finance transmitted a budget ordinance for recom-
mended adoption by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28226) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 648.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None ........
BUDGET-PUBLIC WORKS: The Director of Finance submitted a written
report advising that capital projects of all types have been approved
by Council for construction over the past five years; that these pro-
jects have included construction in major categories for buildings,
parks, highways, sanitary sewer, and storm drains; that funding is
established for each project when Council approves the construction
based on the recommendations of the various bid committees; that fund-
ing generally includes the base bid construction costs, as well as
funding for contingencies; and completed projects often have relatively
small amounts of contingency funds remaining after final bills are paid
because projects are completed within the established budgets.
It was explained that closeout of projects authorized by Council
is needed in order to clear the completed projects from the current
project listing as well as to transfer the remaining funds from the
completed projects to capital projects still under construction or to
capital reserve accounts for future construction; and a budget ordi-
nance transmitted with the report itemizes the completed projects to be
closed out and the accounts the remaining funds should be transferred
into.
488
ACTION:
The Director of Finance recommended that Council authorize the
closeout of completed capital projects and transfer of funds into capi-
tal reserve accounts as indicated on an accompanying budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following ~ergency budget Ordinance:
(#28227) AN ORDINANCE to amend and reordain certain sections of
the 1985-86 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 650.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .7.
NAYS: None ........
-0.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Cove Road storm drain and sanitary sewer from Peters Creek
Road to Ranch Road, presented a written report on behalf of the commit-
tee, recommending that Council take the following action:
Award a unit price contract to Aaron J. Conner,
General Contractor, Inc., in the amount of
$389,136.46, in a form acceptable to the City
Attorney.
Reject all other bids received.
Authorize the Director of Finance to transfer the
listed amounts from the following existing
accounts:
Public Imp. Bonds, Series 1985
Storm Drains, Account No.
A08310172801
$ 120,000.00
Sewer Fund, Retained Earnings
85,810.45
Public Imp. Bonds, Series 1985
Streets & Bridges, Account No.
A08310172802
57,941.13
Capital Imp. Reserve, Storm Drains,
Account No. A08310172504
164,284.88
$428,036.46
Total
to Project No. 5946, Storm Drain and Sanitary
Sewer, with an Account No. to be established by the
Director of Finance. ($389,136.46 contract amount
and $38,900.00 contingency.)
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following energency budget Ordinance:
(#28228) AN ORDINANCE to amend and reordain cprtain sections of
the 1985-86 Sewage and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 651.)
ACTION:
ACTION:
ACTION:
489
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ -7.
NAYS: None ........
Mr. Garland offered the following emergency Ordinance:
(~28229) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for construction of the Cove Road Storm Drain
and Sanitary Sewer Project, fram Peters Creek Road to Ranch Road, upon
certain terms and conditions, and awarding a contract therefor; author-
izing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 652.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
O.
BUDGET-STREETS AND ALLEYS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for bituminous concrete overlays and pavement profiling of
various streets within the City of Roanoke, presented a written report
on behalf of the committee, recommending that Council accept the low
bid of Virginia Asphalt Paving Company, Inc., and transfer $583,000.00
from the following accounts, as well as the New Airport Projects
Account, and award a contract in the amount of $794,000.00, with a con-
tingency of $6,000.00; and reject all other bids received.
Contingency Reserve (A01941032006) $
Liability Insurance Reserve (A01941032010)
Capital Reserve (A01941090001)
Benefits - Special Leave (A01911011055)
Street Paving Program (A01412020081)
Health Department - Recovered Costs (A01511080001)
Building Maintenance - Electricity (A01433031010)
Capital Maintenance and Equipment Replacement
Program
12,000.00
60,000.00
131,000.00
50,000.00
217,000.00
20,000.00
70,000.00
190,000.00
TOTAL $750,000.00
New Airport Projects - Overlay General Aviation
Ramp and Taxiway (A04511091607)
50,000.00
GRAND TOTAL $800,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28230) AN ORDINANCE to ~mend and reordain certain sections of
the 1985-86 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 653.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... -7.
NAYS: None ......... O.
490
ACTION:
ACTION:
Mr. Garland offered the following energency Ordinance:
(#28231) AN ORDINANCE accepting the bid of Virginia Asphalt
Paving Company, Inc., for paving and profiling of various streets
within the City of Roanoke, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 654.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None- O.
ECONOMIC DEVELOPMENT COMMISSION: Council member James O. Trout,
Chairman of the Economic Development Commission, presented a written
report advising that on December 13, 1982, pursuant to Ordinance No.
26308, Council created the Economic Development Commission; that the
goal of the Commission was to work with City staff and Council on
recommending actions to insure that the City of Roanoke had ample
supply of competitive sites for business and industry; that the
Ordinance requested the Commission to complete its duties and respon-
sibilities within three years; that the three year time period has
elapsed; that the Economic Development Commission has made great
contributions to development of this community; and given the
accomplishments of the Commission and the continuing need for available
sites in the City, a continuing Economic Develolmnent Commission is
important.
On behalf of the Economic Development Commission, Mr. Trout
recommended that Council extend the life of the Economic Development
Commission for an indefinite period of time and ask the Mayor and
Council to appoint the membership of the Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28232) A RESOLUTION establishing an Economic Development Com-
mission for the City of Roanoke, enumerating the objectives, duties and
responsibilities of such Commission, providing for the appointment of
its membership, and providing for other organizational matters.
(For full text of Resolution, see Resolution Book No. 49, page 654.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and ~ayor Taylor ................ 7.
NAYS: None ...................
Oe
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 5:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
m
m
ACTION:
ACTION:
ACTION:
ACTION:
AIRPORT: The Mayor advised that the four year terms of Messrs. A.
Byron Smith and Sidney A. Weinstein as members of the Airport Advisory
Con~ission will expire on June 30, 1986, and called for nominations to
fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. A. Byron
Smith and Sidney A. Weinstein.
There being no further nominations, Messrs. Smith and Weinstein
were reelected as members of the Airport Advisory Co~wnission for terms
of four years each ending June 30, 1990, by the following vote:
FOR MESSRS. SMITH AND WEINSTEIN: Council members Trout, Bowers,
Bowles, Garland, Harvey, Musser and Mayor Taylor ..................... 7.
FIRE DEPARTMENT: The Mayor advised that the four year terms of
Messrs. S. L. Lovelace and Corbin L. Wilson as members of the Board of
Fire Appeals will expire on June 30, 1986, and called for nominations
to fill the vacancies.
Mrs. Bowles placed in nomination the name of Mr. S. L. Lovelace.
There being no further nominations, Mr. Lovelace was reelected as
a member of the Board of Fire Appeals for a term of four years ending
June 30, 1990, by the following vote:
FOR MR. LOVELACE: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .......... 7.
PERSONNEL: The Mayor advised that the three year terms of Messrs.
Lewis W. Peery, Frederick L. Bulbin and Bobby L. Browning as members of
the Personnel and Employment Practices Commission will expire on
June 30, 1986, and called for nominations to fill the vacancies.
Mrs. Bowies placed in nomination the names of Messrs. Lewis W.
Peery, Frederick L. Bulbin and Bobby L. Browning.
There being no further nominations, Messrs. Peery, Bulbin and
Browning were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each ending June 30,
1989, by the following vote:
FOR MESSRS. PEERY, BULBIN AND BROWNING: Council members Trout,
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 7.
HEALTH DEPARTMENT-BUILDINGS: The Mayor advised that the two year
terms of Ms. Mary C. Maier and Messrs. Grady P. Gregory, Jr., and
Stanley G. Breakell, Jr., as members of the Property Maintenance Code
Appeals Board will expire on June 30, 1986, and called for nominations
to fi11 the vacancies.
Mrs. Bowles placed in nomination the names of Ms. Mary C. Maier
and Messrs. Grady P. Gregory, Jr., and Stanley G. Breakell, Jr.
There being no further nominations, Ms. Maier and Messrs. Gregory
and Breakell were reelected as members of the Property Maintenance Code
Appeals Board for terms of two years each ending June 30, 1988, by the
following vote:
FOR MS. )~IER AND MESSRS. GREGORY AND BREAKELL: Council members
Trout, Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ...... 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of Mrs. Elizabeth T. Bowles, Ms. Joan T. Martin and Messrs.
Richard L. Meagher and Robert B. Sears as members of the Roanoke Arts
Commission will expire on June 30, 1986; that Mr. Sears declined to
serve another term; and called for nominations to fill the vacancies.
Mrs. Bowies placed in nomination the names of Mrs. Elizabeth T.
Bowles, Ms. Joan T. Martin and Mr. Richard L. Meagher.
There being no further nominations, Mrs. Bowles, Ms. Martin and
Mr. Meagher were reelected as members of the Roanoke Arts Commission
for terms of three years each ending June 30, 1989, by the following
vote:
491
492
ACTION:
ACTION:
ACTION:
FOR MRS. BOWLES, MS. MARTIN AND MR. MEAGHER: Council members
Trout, Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ...... 7.
LIBRARIES: The Mayor advised that the three year terms of Ms.
Katherine G. Cochran and Messrs. William D. Coleman and John D. Copen-
haver as members of the Roanoke Public Library Board, will expire on
June 30, ]986; that Mr. Coleman has declined to serve another term; and
called for nominations to fi]! the vacancies.
Mrs. Bowles placed in nomination the names of Ms. Katherine G.
Cochran and Mr. John D. Copenhaver.
There being no further nominations, Ms. Cochran and Mr. Copenhaver
were reelected as members of the Roanoke Public Library Board for terms
of three years each ending June 30, 1989, by the following vote:
FOR MS. COCHRAN AND MR. COPENHAVER: Council members Trout,
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 7.
WATER DEPARTMENT-LANOMARKS: The Mayor advised that the one year
terms of Messrs. David H. Burrows, Lucian A. Durham, Jr., Philip H.
Lemon, Ri chard L. Meagher, James B. Osborne, Thomas D. Taylor,
Robert W. Woody, James H. Buck and James N. Kincanon as members of the
Advisory Committee - Crystal Spring Pumping Station, will expire on
June 30, 1986; that Mr. Durham has declined to serve another term; and
called for nominations to fill the vacancies.
Mrs. Bowies placed in nomination the names of Messrs. David H.
Burrows, Philip N. Lemon, Richard L. Meagher, James B. Osborne,
Robert W. Woody, James H. Buck and James N. Kincanon.
There being no further nominations, Messrs. Burrows, Lemon,
Meagher, Osborne, Woody, Buck and Kincanon were reelected as members of
the Advisory Committee - Crystal Spring Pumping Station, for terms of
one year each ending June 30, 1987, by the following vote:
FOR MESSRS. BURROWS, LEMON, MEAGHER, OSBORNE, WOODY,
KINCANON: Council members Trout, Bowers, Bowles Garland
Musser and Mayor Taylor ....... ' '
BUCK AND
Harvey,
CITIZENS' SERVICES COMMITTEE: The Mayor advised that tile one year
terms of Miss Bernice F. Jones, Miss Robbie H. Burton and Messrs.
James D. Ritchie, Stanley R. Hale, Charles W. Walker, Harold P. Kyle
and Raleigh Campbell as members of the Citizens' Services Committee
will expire on June 30, 1986, and called for nominations to fill the
vacancies.
Mrs. Bowles placed in nomination the names of Miss Bernice F.
Jones, Miss Robbie H. Burton and Messrs. James D. Ritchie, Stanley R.
Hale, Charles W. Walker and Raleigh Campbell.
There being no further nominations, Miss Jones, Miss Burton and
Messrs. Ritchie, Hale, Walker and Campbell were reelected as members of
the Citizens' Services Committee for terms of one year each ending
June 30. 1987, by the following vote:
FOR MISS JONES, MISS BURTON, MESSRS. RITCHIE, HALE, WALKER AND
CAMPBELL: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
FLOODS (FLOOD PLAIN COMMITTEE): The Mayor advised that the one
year terms of Messrs. Edgar V. Wheeler, J. T. Hopkins, Jr., Jim
Sailors, George L. Pitzer, James F. Williams, Gordon N. Dixon and
Read A. Lunsford as members of the Flood Plain Committee will expire on
June 30, lg86, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. Edgar V.
Wheeler, J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer, James F.
Williams, Gordon N. Dixon and Read A. Lunsford.
There being no further 'nominations, Messrs. Wheeler, Hopkins,
Sailors, Pitzer, Williams, Dixon and Lunsford were reelected as members
of the Flood Plain Committee for terms of one year each ending June 30,
1987, by the following vote:
493
A
ACTION:
ACTION:
ACT[ON:
ACTION:
FOR MESSRS WHEELER, HOPKINS, SAILORS, PITZER, WILLIAMS, DIXON AND
LUNSFORD: Council members Trout Bowers Bowles, Garland, Harvey,
Musser and Mayor Taylor-
SCHOOLS: The Mayor advised that the one year terms of Ms.
Katherine A. Roche, Messrs. Beverly T. Fitzpatrick, Sr., Horace G.
Fralin, Theodore J. Edlich, Ill, Richard A. Dearing and Warner N.
Dalhouse as members of the Jefferson High School Committee will expire
on June 30, 1986, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of l.ts. Katherine A.
Roche, Messrs. Beverly T. Fitzpatrick, Sr., Horace G. Fralin,
Theodore J. Edlich, II! and Richard A. Dearing.
There being no further nominations, Ms. Roche, Messrs. Fitzpa-
trick, Fralin, Edlich and Dearing were reelected as members of the
Jefferson High School Committee for terms of one year each ending
June 30, 1987, by the following vote:
FOR MS. ROCHE, MESSRS. FITZPATRICK, FRALIN, EDLICH AND DEARING:
Council members Trout Bowers Bowies, Garland, Harvey, Masser and
Mayor Tayl or-
PARKS: The Mayor advised that the one year terms of MS. Elea-
nor ~i. Alvis, Ms. Betty C. Winfree, Messrs. Robert N. Fishburn, M. Carl
Andrews, Samuel S. Bulbin and Carl H. Kopitzke as members of the Mill
Mountain Development Committee will expire on June 30, 1986, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Ms. Eleanor W.
Alvis, Ms. Betty C. Winfree, Messrs. Robert N. Fishburn, M. Carl
Andrews, Samuel S. Bulbin and Carl H. Kopitzke.
There being no further nominations, Ms. Alvis, Ms. Winfree,
Messrs. Fishburn, Andrews, Bulbin and Kopitzke were reelected as mem-
bers of the Mill Mountain Development Committee for terms of one year
each ending June 30, 1987, by the following vote:
FOR MS. ALVIS, MS. WINFREE AND MESSRS. FISHBURN, ANDREWS, BULBIN
AND KOPITZKE: Council members Trout Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor-
CELEBRATIONS: The Mayor advised that the one year terms of Ms.
Katherine A. Roche, Ms. Dana B. Lee, Ms. Carol B. Dalhouse, Ms. Rose
Ann Burgess, Ms_. Marionette Sprauve', Ms. Mary C. Pickett, Messrs.
B. Boyd johnson, Greg Feldman, Samuel G. Oakey, Jr., and Daniel L. Frei
as members of the Special Events Committee will expire on June 30,
1986; that Ms. Pickett and Mr. Frei have declined to serve another
term; and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of MS. Katherine A.
Roche, Ms. Dana B. Lee, Ms. Carol B. Dalhouse, Ms. Rose Ann Burgess,
Ms. Marionette Sprauve', Messrs. B. Boyd Johnson, Greg Feldman and
Samuel G. Dakey, Jr.
There being no further nominations, ~. Roche, Ms. Lee, Ms.
Dalhouse, Ms. Burgess, Ms. Sprauve', Messrs. Johnson, Feldman and
' ected as members of the.~Bpec~al !Eve6ts Co,?}ittee for
= Oakey ~.r~el .....
terms of 6ne y~ear each ending June 30, 1987, by the following vote.
FOR MS. ROCHE, MS. LEE, MS. DALHOUSE, MS. BURGESS, MS.
SPRAUVE',MESSRS. JOHNSON, FELDMAN AND OAKEY: Council members Trout,
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 7.
TAXES: The Mayor advised that the two year terms of Messrs.
Percy T. Keeling, Maury L. Strauss and James R. Sprinkle as members of
the Revenue Study Commission will expire on June 30, 1986, and called
for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. Percy T.
Keeling, Maury L. Strauss and James R. Sprinkle.
494
ACTION:
ACTION:
ACTION:
There being no further nominations, Messrs. Keeling, Strauss and
Sprinkle wre reelected as members of the Revenue Study Commission for
terms of two years each ending June 30, lg88, by the following vote:
FOR MESSRS. KEELING, STRAUSS AND SPRINKLE: Council members Trout,
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Ms. Ann Masters, Ms. Katherine G. Cochran, Ms. Helen R. Prillaman
and Messrs. Carroll E. Swain, Jack D. Hayslett, Carl H. Kopitzke, M.
Carl Andrews, E. W. Chambers, Jr., Charles W. Hancock, Clarence E.
Hundley, Jr., John A. Kelley, Frank J. Eastburn, Gregory W. Hurt and
Thomas Pettigrew as members of the Citizens' Advisory Committee -- City
Wide Park Study, will expire on June 30, 1986, and called for nomina-
tions to fill the vacancies.
Mrs. Bowles placed in nomination the names of ~. Ann Masters, Ms.
Katherine G. Cochran, Ms. Helen R. Prillaman, Messrs. Carroll E. Swain,
Jack D. Hayslett, Carl H. Kopitzke, M. Carl Andrews, E. W. Chambers,
Jr., Charles W. Hancock, Clarence E. Hundley, Jr., John A. Kelley,
Frank J. Eastburn, Gregory W. Hurt and Thomas Pettigrew.
There being no further nominations, Ms. Masters, Ms. Cochran, Ms.
Prillaman, Messrs. Swain, Hayslett, Kopitzke, Andrews, Chambers,
Hancock, h~ndley, Kelley, Eastburn, Hurt and Pettigrew were reelected
as members of the Citizens' Advisory Committee -- City Wide Park Study,
for terms of one year each ending June 30, 1987, by the following vote:
FOR MS. MASTERS, MS. COCHRAN, MS. PRILLAMAN AND MESSRS. -9~AIN,
HAYSLETT, KOPITZKE, ANDREWS, CHAMBERS, HANCOCK, HUNDLEY, KELLEY,
EASTBURN, HURT AND PETTIGREW: Council members Trout, Bowers, Bowles,
Garland, Harvey, Musser and Mayor Taylor ....... 7.
WAR MEMORIAL: The Mayor advised that the one year terms of
Messrs. W. Robert Herbert, Thomas R. Plymale, William B. Bagbey and
Alfred C. Moore as members of tile War Memorial Committee will expire
on June 30, 1986, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. W. Robert
Herbert, Thomas R. Plymale, William B. Bagbey and Alfred C. Moore.
There being no further nominations, Messrs. Herbert, Plymale,
Bagbey and Moore were reelected as members of the War Memorial
Committee for terms of one year each ending June 30, 1987, by the
fol 1 owl ng vote:
FOR MESSRS. HERBERT, PLYMALE, BAGBEY AND MOORE: Council members
Trout, Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ...... 7.
There being no further business, the Mayor declared the meeting
adjourned at 5:15 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
ORGANIZATIONAL MEETING ROANOKE CITY COUNCIL
July 7, 1986
2:00 p.m.
495
il
The Council of the City of Roanoke held its organizational meeting on
Monday, July 7, 1986, at 2:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Noel C. Taylor
presiding, pursuant to Section 10 of the Roanoke City Charter.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ....... ---7.
ABSENT: None ........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker
City Clerk. '
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
'- COUNCIL: The,. Mayor advised that Section 10 of the Roanoke City
Charter'provideff, that at 2:00 p.m., on Ll!e~fil~st tMond~y of July next
following each regular municipal election, or if such day..l~a city
holiday, then on the day following, the Council shall meet at the usual
place for holding meetings of the legislative body of the City, at
which time the newly elected Council members shall assume the duties of
their offices.
The City Clerk called to the attention of Council a copy of the
abstract of votes cast in the General Election held on May 6, 1986, for
the office of three Members of Council, certifying that Howard E.
Musser, Robert A. Garland and James O. Trout received the greatest
number of votes cast in said election.
The City Clerk also advised that Oaths of Office were administered
to Mr. Musser, Mr. Garland and Mr. Trout by the Honorable Roy B.
Willett, Judge of the Circuit Court, on Monday, June 23, 1986, for
terms of four years each commencing July 1, 1986 and ending June 30
1990. ' '
Mr. Musser having received the greatest number of votes cast in
the Councilmanic election and thus pursuant to Section 4 of the City
Charter is elected Vice-Mayor of the City of Roanoke for a term com-
mencing July 1, 1986, and continuing for a period of two years until
his successor has been elected and qualified, Mr. Harvey offered the
fo'i lowing Resolution:
(#28233) A RESOLUTION recognizing the HONORABLE HOWARD E. MUSSER
to be a member of the City Council and Vice-Mayor of the City of
Roanoke.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 656.)
Mr. Harvey moved the adoption of the Reso]ution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... ---7.
NAYS: None ........ -0.
496
Mr. Musser offered the following Resolution commending the service
of James G. Harvey, II, as Vice-Mayor of the City of Roanoke from
July 1, 1984, until June 30, 1986:
(#28234) A RESOLUTION commending the service of the HONORABLE
JAMES G. HARVEY, II, as Vice-Mayor of the City of Roanoke.
ACTION:
(For full text of Resolution~ see Resolution Book No. 49, page 657.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ............ .6.
NAYS: None .......
.0.
(Council member Harvey abstained from voting.)
The Mayor presented Mr. Harvey with a framed copy of Resolution
No. 28234 and a Key to the City in recognition of outstanding service
as Vice-Mayor.
There being no further business, the Mayor declared the organiza-
tional meeting adjourned at 2:20 p.m.
ATTEST:
APPROVED
City Clerk
REGULAR WEEKLY SESSION
497
ROANOKE CITY COUNCIL
July 14, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 14, 1986, at 7:30 p,m., the regular
meeting hour, with Mayor Noel C. Tay)or presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G, Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ......... .--7.
ABSENT: None .......
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance- and Ms Mary F. Parker
City Clerk, ' ' '
The meeting was opened with a prayer by The Reverend Arthur E. Grant
Pastor, Woodlawn United Methodist Church. '
The Pledge of Allegiance to the Flag of the United States of ~lerica
was led by Mayor Taylor.
COMMONWEALTH OF VIRGINIA BUILDING: On behalf of the members of
Council, the Mayor presented a frmned photograph of the Commonwealth of
Virginia Building to Congressman James R. Olin in recognition of his
assistance in developing the first Commonwealth of Virginia Building in
the City of Roanoke.
HENRY STREET REVITALIZATION COMMITTEE: Mrs. Anne B. Hammersley,
representing the Board of Directors of Center-in-the-Square, appeared
before Council and presented a check, in the amount of $7,000.00,
representing proceeds from the Henry Street productions to be used
toward the revitalization of Henry Street. She advised that this makes
a grand total of $10,000.00 that the Henry Street musical has contri-
buted to the Henry Street revitalization project.
The Mayor expressed appreciation on behalf of the City of Roanoke.
BID OPENINGS:
ACTION:
ACTION:
BRIDGES: Pursuant to notice of advertisement for bids for rehabi-
litation of 5th Street Bridge over N & W Railway, said proposals to be
received by the City Clerk until 4:30 p.m., on Monday, duly 14, 1986,
and to be held, opened and read before the Council at 7:30 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER
BASE BID
H & S Construction Company, Inc.
Acorn Construction, Ltd.
Allegheny Construction Company, Inc.
$ 78,080.00
88,045.00
118,490.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
498
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 14, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Curtis W.
Fitzgerald, representing Rafael and Gwendolyn S. Porres, that a portion
of Frantz Street, N. W., approximately 499.21 feet in length, be per-
manently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World News on Friday, June 27,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council.
That Frantz Street, N. W., as requested for closure
be vacated pursuant to Section 15.1-482(b) of the
Code of Virginia, as amended.
That the official closure of this section of Frantz
Street, N. W., be made contingent upon the recorda-
tion of an approved plat of subdivision.
That the subject subdivision plat provide for the
continuance across the vacated Frantz Street of
that existing easement currently serving certain
adjacent properties.
That all existing utility easements be retained.
It was noted that the recommendation is based on the following
conclusions:
The undeveloped right-of-way of Frantz Street,
N. W., has not served the public in any capacity as
a public right-of-way for many years.
The close proximity and parallel position of the
right-of-way to Melrose Avenue renders it useless
as a public street for right-of-way purposes.
Frantz Street right-of-way blocks access from the
adjacent properties onto Melrose Avenue, N. W.
The City has no current or future plans to utilize
this public right-of-way.
Existing topography of the adjacent properties
require that access be continued for all existing
access easements.
Adjacent property owners could utilize the land
within the undeveloped right-of-way in a more effi-
cient manner.
Vacation, pursuant to §15.1-482(b) of the Code of
Virginia, (1950), as amended, will provide for the
orderly review and approval by the City and recor-
dation of a legal plat of subdivision of the pro-
perty within the vacated right-of-way. It will
also ensure clear title to said property and its
proper distribution among the adjacent property
owners.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
499
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28235) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 669.)
The motion was seconded by Mrs. Bowles.
Mr. Curtis W. Fitzgerald appeared before Council in support of the
request of his client.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28235, on its first reading, was adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... . .... 7.
NAYS: None ........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of W. H. Fralin, Attorney,
representing FFW Developers that five parcels of land located on
Hershberger Road near Cove Road, N. W., containing approximately 1.5
acres, and designated as Official Tax Nos. 2560801, 2560802, 2560814,
2560815 and 2560816, be rezoned from RS-3, Single Family Residential
District, to RD, Duplex Residential District, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of tire Roanoke Times & World-News on Friday, June 27,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28236) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 256, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 670.)
The motion was seconded by Mr. Garland.
Mr. W. Heywood Fralin, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28236 was adopted on its first reading by
the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser and Mayor
Tayl or ......... --5.
NAYS: None ........
-0.
(Council member Harvey abstained from voting and Council member Trout
was out of the Council Chamber.)
500
The Mayor advised that the approval of the City Planning Commis-
sion was based on a 3 - I vote, noting that no action may be approved
by the City Council unless it has received the affirmative vote of at
least four mm~bers of Council. In the future the Mayor requested that
the City Planning Commission refrain from sending matters to Council
unless those matters have received at least four affirmative votes by
the Planning Commission.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of George B. Jennings and
Mrs. W. Jackson Shepherd that a certain tract of land located at 2610
Roanoke Avenue, S. W., containing approximately 1.842 acres, and
designated as Official Tax No. 1430102, be rezoned from RS-3, Single
Family Residential District, to LM, Light Manufacturing District, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the rezoning, advising that the property is presently being used for
industrial purposes and is appropriately located within an industrial
area; and residential zoning is neither practical nor desirable given
the existing conditions and the topographical nature of the area, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28237) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 143, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 671.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28237, on its first reading, was adopted by
the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
Oe
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Evans B. Jessee, Attor-
ney, representing The Most Reverend Walter F. Sullivan, that a tract of
land containing approximately 5.2 acres, located on the ~sterly side
of North Jefferson Street, bounded on the west by Gainsboro Road and on
the south by Patton Avenue, N. W., and designated as Official Tax Nos.
2021802, 2021901, 2021902, and 2011001, including a previously closed
portion of Rutherford Avenue, N. W., be rezoned from C-4, Central
Business Expansion District, to RG-2, General Residential District, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World News on Friday, June 27,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
concur in the request for rezoning, was before the body.
ACTION:
ACTION:
The report of the Planning Commission pointed out that the pro-
posed project is in keeping with the objectives set forth in both the
Gainsboro Redevelopment Plan and the City's Comprehensive Plan; and the
effect of the new private sector development in the Gainsboro area
would be beneficial to the community in terms of revitalization and
provision of needed services.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28238) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 201 and 202, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 49, page 671.)
The motion was seconded by Mr. Garland.
Mr. Evans B. Jessee, Attorney, representing tile petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28238, on its first reading, was adopted by
the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, t~sser and
Mayor Taylor ......... .6.
NAYS: None .......
-0.
(Council member Bowers abstained from voting.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 14, 1986, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Edward A. Natt, Attorney,
representing Joe Bandy and Son, Inc., that a tract of land containing
approximately 2.0 acres, located south of the N & W Railway right-of-
way and west of Murray Road, S. W., and designated as a portion of
Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, be
rezoned from C-2, General Commercial District, to LM, Light Manufactur-
ing District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 27,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, was before Council.
(For full texL, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28239) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 672.)
The motion was seconded by Mr. Bowers.
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
501
502
ACT[ON:
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28239, on its first reading, was adopted by
the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... _ ...... 7.
NAYS: None .................
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on April 6, 1981, the City Clerk having advertised a public hearing for
Monday, July 14, 1986, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of Thomas A. Kiser that a tract of
land containing approximately 1/5 acre, located at 1911 Memorial
Avenue, S. W., between Memorial Avenue and Denniston Avenue, S. W.,
being a portion of Lots 14 and 15, Block 5, Section 1, Virginia
Heights, and designated as Official Tax No. 1330302, be rezoned fr~n
C-1, Office and Institutional District, to C-2, General Commercial
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke 'rimes & World-News on Friday, June 27,
1986, and Friday, July 4, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request for rezoning be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28240) AN ORDINANCE Lo amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 673.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28240, on its first reading, was adopted by
the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ...........
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be r~moved from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; a legal matter; a matter relating to disposition
of publicly held property; and a personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, June 9, 1986, and Monday, June 16, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ --7.
NAYS: None .................
YOUTH: A communication from W. H. Fralin tendering his resigna-
tion as a member of the Youth Services Citizen Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... -7.
NAYS: None ........
-0.
ROANOKE ARTS COMMISSION: A communication from Robert B. Sears
declining his reappointment to the Roanoke Arts Commission, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ........
TREASURER: A communication from Gordon E. Peters, Treasurer,
transmitting the June, 1986, Statement of 1985-86 Revenue Receipts for
the City Treasurer's Office, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bovmrs, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ -7.
NAYS: None .........
-0.
PENDING LIST: A list of items pending from July 10, 1978 through
March 24, 1986, was before Council. '
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None .......
O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
503
504
ACTION:
Mr. lrout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers
and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ --7.
ACTION:
NAYS: None ..............
.0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Cecil H. Guilliams as a member of the Roanoke Neighborhood Partnership
Steering Committee to fill the unexpired term of Robert M. Lyon,
resigned, ending November 16, 1986, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... .7.
NAYS: None .......
HOUSING: A report of qualification of George A. McLean, Jr., and
Clifford A. Hammer as members of the Fair Housing Board for terms of
three years each ending March 31, 1989, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
YOUTH: A report of qualification of ~rgaret C. Martin as a
member of the Youth Services Citizen Board for a term of three years
ending May 31, 1989, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
fol 1 owing vote:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... ---7.
NAYS: None ........
Oe
PERSONNEL: A report of qualification of Bobby L. Browning as a
member of the Personnel and Employment Practices Commission for a term
of three years ending dune 30, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... .--7.
NAYS: None .0.
FIRE DEPARTMENT: A report of qualification of S. L. Lovelace as a
member of the Board of Fire Appeals for a term of four years ending
June 30, 1990, was before Council.
505
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
fo{lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .7.
NAYS: None ..........
-0.
PENSIONS: A report of qualification of F. Wiley Hubbell as a
member of the Board of Trustees, City of Roanoke Pension Plan, for a
term of four years ending June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
fo]{owin9 vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. 7.
NAYS: None ................
0
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in Mr. Musser's request to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
-0.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a legal matter within the jurisdiction of City
Council, specifically, the terms and conditions of a contract in nego-
tiation, pursuant to Section 2.1-344 (al (6), Code of Virginia (1950),
as amended, was before the body.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a legal matter
within the jurisdiction of City Council, specifically, the terms and
conditions of a contract in negotiation, pursuant to Section 2.1-344
(al (6), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... --7.
NAYS: None .........
-0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to the disposition of publicly
held property, pursuant to Section 2.1-344 (al (2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
506
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to the disposition of publicly held property, pursuant to Section
2.1-344 (al (2), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--- .-7.
NAYS: None--
Oe
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-CITY EMPLOYEES: Mr. Roy E. Abbott, 1118 Winona Avenue,
S. W., appeared before Council and advised that he has observed City
Council and City Government in action for a number of years. He said
Council has done a good job and the City of Roanoke has moved progres-
sively forward and will continue to grow under Council's leadership.
Mr. Abbott said that last year he commented that the new pay plan
would cause problems and that the philosophy of the City Manager toward
employees needed to be changed, noting that there has been no apparent
change in philosophy because there are serious personnel problems in
the Vehicle Maintenance Department, Police Department, Fire Department,
Building Department, Parks and Recreation Department and several other
City departments.
Mr. Abbott stated that under the City Manager/Council form of
government a fine line of demarcation exists between the authority of
the City Council who makes policy and the City Manager who carries out
policy; that sometimes in a stressful situation, the Council will say
it cannot do anything about a particular situation because it will be
encroaching on the City Manager's territory, and the City Manager will
say he cannot do anything about a particular situation because he will
be treading on City Council's territory, and therefore nothing is done
about the situation.
Mr. Abbott expressed concern regarding the Police Department. He
asked that there be a drastic change in the philosophy of the Police
Department or dismiss the Chief of Police.
Mr. Abbott stated that department heads may come and go as they
please pursuant to rules and regulations governing compensatory time
and pointed out that some City officials are abusing the privilege.
Mr. Musser moved that the City Manager meet with Mr. Abbott to
discuss specific concerns. The motion was seconded by Mr. Garland and
unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6549 - $5,454.00 for the Special Educa-
tion Program Evaluation grant to
provide funds for the establish-
ment of a pilot program which will
develop and implement procedures
for evaluating special education
services. The program is one
hundred per cent 'reimbursed by
federal funds.
ACTION:
Grant No. 6550 - $509,297.00 for the Flow Through
Program to provide aid for the
education and guidance of handi-
capped students. The program is
one hundred per cent reimbursed by
state and federal funds.
Grant No. 6723 - $5,358.00 for the GED Testing
Program to provide instructors for
the administering of the GED exam-
inations. The source of funds
will be student fees.
Grant No. 6724 - $89,903.00 for the Apprenticeship
Program to provide on-the-job and
classroom vocational instruction
for students in the program. The
program is one hundred per cent
reimbursed by state funds.
Grant No. 6725 - $62,050.00 for the ABE/DIAL Pro-
9rmn to provide funds for adult
basic education for persons who
have not completed high school and
for the instruction of adults,
using recorded tapes accessed by
telephone. The program will be
reimbursed by federal funds in the
amount of $40,000.00 with a local
match in the amount of $22,050.00.
The School Board also requested that $67,500.00 be appropriated
for the purchase of science laboratory equifxnent for the Governor's
School for Science and Technology, which represents the balance of
funds received from the State Board of Education; and that Council
appropriate $277,000.00 as pass-through funds for Project Discovery,
explaining that the State Department of Education has requested that
Roanoke City Schools act as the fiscal agent for this pilot project to
be administered by TAP for preparing minority youth for college.
(For full text, see communication and attachments on file in the City
Clerk's Office.)
A report of the Director of Finance advisin9 that he has reviewed
the request for appropriation of grants; that the Special Education
Program Evaluation Grant, Flow Through Program Grant, Apprenticeship
Program, Science Laboratory Equipment Grant, and Project Discovery are
funded with 100% state and/or federal funds; that the GED Testing
Program is funded by student fees; that th3 ABE/DIAL Program is funded
with federal funds and a local match; and recommending that Council
concur in the requests of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28241) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General, Capital Projects and Grant Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 658.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .---7.
507
NAYS: None ........ -0.
508
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY CODE-AMBULANCES: The City Manager submitted a written report
advising that applications requesting Certificates of Public Conven-
ience and Necessity for the operation of ambulance services within the
City of Roanoke have been filed by Lewis-Gale Hospital, Inc., and
Roanoke Memorial Services Corporation; that a public hearing on the
application of Lewis-Gale Hospital was held by Council on Monday,
May 12, 1986; that additional comments related to the operational capa-
bilities of United /tmbulance Service, Inc., and a revised questionnaire
were presented to Council on June 9, 1986, by a representative of
United Ambulance, the sole holder of a "Certificate of Public Conven-
ience and Necessity" within the City; that Council, in response to com-
ments heard at the June 9, 1986, Council meeting requested that the
City Manager study the need for the City to continue to regulate opera-
tions of private ambulance services within the City of Roanoke; and a
report of the City Manager regarding this subject was to be given to
Council within 30 days.
It was explained that initial review of current City regulations,
current need for mnbulance services and experience of other comparable
communities has been completed; and preliminary findings resulting fr~n
the initial review of the subject are as follows:
Current trends in health care industry to reduce
in-patient cost point to an increased demand for
outpatient transportation although the level of the
current demand is difficult to quantify with
reliable accuracy.
Community expectations and interests would be
better served by providing a greater choice of
qualified providers through a free market concept.
Experience of other comparable communities in the
State of Virginia indicates a general preference
for the following arrangements:
Emergency pre-hospital medical care and
transportation exclusively provided by or
through local government.
Non-emergency patient transportation pro-
vided by private ambulance services.
Current state standards regulating ambu-
lance services are perceived to be ade-
quate for regulating private service
providers.
Minimum City controls should be maintained on the
operators of private ambulance services through a
permit process to insure compliance with the
following minimum standards:
Possession of a valid, current State
license.
Scope of private services to be generally
limited to non-emergency patient trans-
portation. Emergency Pre-Hospital Medi-
cal Care and transportation to be pro-
vided only through the current system of
City assisted volunteer rescue squads.
ACTION:
Adequate and efficient service to be
available to all citizens of Roanoke
without consideration of location of
residence within the City or any other
discriminatory element.
Rate schedules to be filed with the City
Manager's Office and to be made available
to public upon request.
Service logs of operations to be main-
tained and to be made available to the
City upon request.
Permit review and approval authority to
be granted to the City Manager under the
regulatory plan established by Council.
Mr. Herbert recommended that Council authorize the City Manager
and the City Attorney to develop new City Code requirements for per-
mitting non-emergency ambulance transport services within the City of
Roanoke under minimum City controls and present them to Council on
Monday, July 28, 1986, with all pending applications for "Certificate
of Public Convenience and Public Necessity" to be considered under the
new requirements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Bowers and unanimously
adopted.
At 8:40 p.m., the Mayor declared the meeting in recess.
At 8:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that a contract was awarded to Gardner-Smith, Inc., for
the Roanoke Sports Complex, Tennis Courts and Concession Building, on
March 24, 1986, in the amount of $748,810.00; that the contract to
date, including previous change orders is $754,241.00; and completion
date is scheduled for October 21, 1986.
The City Manager explained that the contractor encountered sub-
grade material worse than originally anticipated during the excavation
for the six new tennis courts; that the Project Engineer (Hayes, Seay,
Mattern and Mattern) recommended, due to the poor quality of the sub-
grade material at the tennis courts, that it would be desirable to
increase the depth of the concrete foundations for the length of 120
chain link fence posts by two feet; that this would provide the
required lateral support for the fence fabric and future wind screens
around the tennis courts; and a price of $6,468.00 was quoted by the
contractor to perform this additional work with no extension of the
contract time required.
The City Manager recommended that Council approve the issuance of
Change Order No. 3 to the contract with Gardner-Smith, Inc., in the
amount of $6,468.00 and no additional time for completion of the work.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(~28242) AN OI~DINANCE approving the City Manager's issuance of
Change Order No. 3 to the City's contract with Gardner-Smith, Inc., of
Salem, Virginia, for the construction of tennis courts and concession
building at the Roanoke Sports Complex; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 659.)
509
510
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--- - .... 7.
NAYS: None .........
BUDGET-PLANNING-GRANTS: The City Manager submitted a written
report advising that Council authorized filing of an application vdth
the Department of Housing and Urban Development (HUD) for fiscal year
1986-87 Community Develo~nent Block Grant Entitlement on April 14,
1986, pursuant to Resolution No. 28091; that the City's fiscal year
1986-87 CDBG program included the use of $1,146,726.00 of existing CDBG
funds unspent from previous years; that funds were reassigned to new or
continuing projects in cases where unspent funds were left from comple-
ted projects, or projects could not be feasibly implemented; that
transfer to new projects constitutes $439,630.66 of the total
$1,146,726.00 existing funds; that balance of existing funds are to be
used for projects originally intended; that reprogrammin9 of these
funds was covered by public hearings on March 14, 1986, and April 14,
1986, as part of the CDBG budget review process; and deappropriation of
funds is required because less money than expected was realized from
sale of homes in Gainsboro.
The City Manager recommended that the Director of Finance be
authorized to transfer and deappropriate funds as follows:
Transfer from:
035-085-8505-5061Gainsboro Home-
steading (Project did not prove
to be pFacticable)
$ 20,000.00
Transfer to:
035-085-8505-5059 Gainsboro Rehab
Grants
20,000.00
Transfer from:
035-084-8405-5057 New Construction
Assistance (Funds remaining after
project completed)
Transfer to:
6,507.00
035-084-8420-5107 Gainsboro Housing
Grant Program
Transfer from:
6,507.00
035-084-8404-5022 Rehab & Grants
(Funds remaining after project completed)
Transfer to:
1,036.00
035-084-8420-5107 Gainsboro Housing Grant
Program
Transfer from:
1,036.00
035-085-8540-5185 Contingency
035-085-8540-5184 Program Income Loan
Loss Reserve
035-085-8540-5182 Program Income GRTC
Williamson Road Garage
035-085-8540-5181 Program Income -
Other
(Above funds previously not assigned
to a project)
15,449.00
8,186.66
15,298.00
2,863.60
035-085-8535-8155 Tinker Creek School
(Project not practicable at this time)
733.74
Transfer To:
035-085-8520-5102 Operation Paintbrush 42,531.00
Transfer from:
035-085-8520-5114 Homesteading
(Project not feasible at this time)
18,236.00
Transfer to:
035-085-8520-5101 Critical Home Repair 18,236.00
Transfer from:
035-084-8420-5106 Urban Homesteading
(Project not feasible at this time)
124,581.80
Transfer to:
035-084-8420-5101 Critical Home Repair 124,581.80
Transfer from:
035-084-8419-5003 Urban Homesteading
(Project not feasible at this time)
69,911.86
Transfer to:
* 035-084-8420-5101 Critical Home Repair 69,911.86
Transfer from:
035-084-8420-5112 Loudon Park Improve-
ments $ 1,273.96
(Funds remaining after project completed)
Transfer to:
035-084-8420-5103 Housing marketing
1,273.96
Transfer from:
035-084o8420-5104 Vacant Lot Home-
steading
(Reassignment of funds due to reduc-
tion of project level)
10,000.00
Transfer to:
* 035-084-8425-5127 Neighborhood Develop-
ment Grants 10,000.00
Transfer from:
035-084-8430-5133 Mi nority/Smal 1 Business
Assi stance
(Project did not prove successful)
2,000.00
Transfer to:
* 035-084-8425-5128 Neighborhood Based
Service Delivery
2,000.00
Transfer from:
035-084-8404-5024 PAC Office Repairs
(Funds remaining after project completed)
940.00
035-084-8439-5025 Program Income Unprogram-
med CDBG
(Funds previously not assigned to a project)
731.00
511
512
ACTION:
Transfer to:
035-084-8405-5051 Gainsboro Administration 1,671.00
Transfer from:
035-084-8430-5133 Minority/Small Business
Assistance
(Project did not prove successful)
100,000.00
035-084-8430-5135 Site Development
(Funds remaining after project completed)
45.59
Transfer to:
035-084-8430-5131Deanwood
100,045.59
Transfer from:
035-085-8535-5155 Tinker Creek School
(Project not practicable at this time)
32,941.00
Transfer to:
* 035-085-8530-5148 Shaffer's 108 Loan
Interest
32,941.00
Deappropriate revenue frmn:
035-035-1234-8505
035-035-1234-8605
5,690.22
7,046.57
Deappropriate funds from:
035-084-8405-5057 Gainsboro New
Construction Assistance
035-085-8505-5060 Gainsboro Revolving
Loans
$ 5,690.22
7,046.57
* Indicates new accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28243) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 660.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... -7.
NAYS: None .........
.0.
BUDGET-OFFICE ON YOUTH-JUVENILE DETENTION HOME: The City Manager
submitted a written report advising that on June 17, 1980, the youth
grant was first officially awarded to the City under the Virginia
Delinquency Prevention and Youth Development Act; that on May 12, 1986,
the fiscal year 1986-87 youth grant application was submitted to Coun-
cil; that the youth grant provides for continuation of coordinated
planning and program implementation of the Office on Youth; that
funding for the local cash match is included in the fiscal year 1986-87
Co~nunity Planning budget ($10,000.00); and additional in-kind match of
$569.00 is available through the use of consumable supplies from the
Con~nunity Planning Office.
ACTION:
ACTION:
It was explained that the youth grant application has been awar-
ded; that state funding is in the amount of $33,811.00; and Council's
acceptance of state funding and appropriation of local cash match is
needed if the Office on Youth Program is to continue after June 30,
1986.
The City Manager recommended that Council authorize the following:
Acceptance of Department of Corrections Grant No.
86-I-7 through the execution of the proper forms by
the City Manager.
Appropriation of $43,811,00 to accounts to be
established by the Director of Finance for this
program (75 per cent of appropriation $33,811.00
will be refunded by the Department of Corrections.)
Authorize the transfer of $10,000.00 from the
Community Planning budget, Account No. 001-002-
8110-9536 to this program as part of the City's
cash match needed to operate the program for fiscal
year 1986-87 to the Grant Program Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28244) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 661.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... -7.
NAYS: None .........
.0.
Mr. Harvey offered the following Resolution:
(#28245) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke
by the Commonwealth of Virginia Department of Corrections and authoriz-
ing the acceptance, execution and filing of the "Special Conditions"
with the Department of Corrections for this grant for the purpose of
continuing coordinated planning and youth services program implemen-
tation by the City's Office on Youth until June 30, 1987.
(For full text of Resolution, see Resolution Book No. 49, page 662.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .7.
NAYS: None ..........
PLANNING-GRANTS-TOTAL ACTION AGAINST POVERTY-SCHOOLS: The City
Manager submitted a written report advising that Council has
appropriated $180,000.00 since 1981 for the Harrison School Project;
that Council has approved three contracts with TAP involving the
Harrison School project since 1981, totalling $140,000.00; and work on
the cultural center had to be suspended until TAP received a waiver
from the IRS, authorizing use of the entire first floor for the
Heritage and Cultural Center.
513
514
ACTION:
It was explained that the balance of CDBG funds appropriated by
Council for the Cultural Center is $40,000.00 for the completion of the
Center as part of the fiscal year 1986-87 CDBG Program and has been
approved by HUD; and funds will be used to:
Complete the construction of additional exhibit
space, kitchen, storage, audio-visual library which
includes laying of tile, wall covering, painting,
etc.
Equip the Center with display cases for the exhibit
rooms, cabinets, and appliances in the kitchen and
increase the security alarm system.
The City Manager recommended that Council authorize him to execute
a contract with TAP for use of available funds for the Heritage Center
Project, the contract to be in a form acceptable to the City Attorney
and shall not exceed $40,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28246) AN ORDINANCE authorizing tile City Manager to execute a
contract with Total Action Against Poverty in the Roanoke Valley, Inc.,
(TAP) providing for the expenditure of funds previously authorized by
Council for the completion and equipping of a Heritage Center in the
Harrison School; and providing for an emergency.
(For' full text of Ordinance, see Ordinance Book No. 49, page 663.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ..........
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City Manager sub-
mitted a written report advising that the fiscal year. 1983-84 budget
approved by Council contained various funded capital improvement and
maintenance projects in the Water Enterprise Fund budget and the Sewer
Enterprise Fund budget; that included in the approved budget were funds
for replacement of the Mud Lick Creek Sanitary Sewer from the Roanoke
River Interceptor upstream to Grandin Road, S. W.; that on November 18,
1985, Council authorized the City Manager or the Assistant City Manager
to execute, for and on behalf of the City, a permit between the Common-
wealth of Virginia and the City, which allowed the City to install a
sanitary sewer gravity main across a total of approximately 310 linear
feet of state-owned subaqueous land with eight stream crossings; and
this permit was for Phase I, Mud Lick Creek Sanitary Sewer Replacement
(from Roanoke River Interceptor upstream to Brandon Avenue, S. W., at
Yorktown Apartments).
It was explained that an additional permit is required for Phase
II Mud Lick Sanitary Sewer Replacement (from Brandon Avenue, S. W., at
Yorktown Apartments upstream to Grandin Road, S. W.) from the Common-
wealth of Virginia Marine Resources Commission to enable the City,
through its contractor, to install a sanitary sewer gravity main across
approximately 126 linear feet of state owned subaqueous land with six
stream crossings; and the permit requires that the City indemnify and
save harmless the Commonwealth of Virginia from any liability arising
from the establishment, operation or maintenance of said project.
Mr. Herbert recommended that Council authorize execution of the
Marine Resources Commission Permit by the City Manager or the Assistant
City Manager to enable the City to proceed with the project.
(For full text, see report on file in the City Clerk's Office.)
515
Mr. Trout offered the following emergency Ordinance:
(#28247) AN ORDINANCE authorizing the appropriate City officials
to execute a permit agreement with the Con~nonwealth of Virginia for the
installation of a sanitary sewer gravity main across certain State-
owned subaqueous land with various crossings of Mudlick Creek; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 663.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None ...........
--0.
HOUSING: The City Manager submitted a written report advising
that the Community Development Block Grant funds for 1986-8/ total
$1,876,000.00 including new entitlement and program income and these
funds were appropriated by Council on June 16, 1986; that funds carried
over from previous CDBG program years exceed $1,146,726.00; that funds
unexpended from the City's second CDBG Section 108 Loan total
$/97,65/.00, for a total CDBG program in excess of $3,820,383.00; and
the Roanoke Redevelopment and Housing Authority historically has admi-
nistered certain portions of CDBG programs for the City, including
housing rehabilitation and economic development activities.
It was explained that funds budgeted for the Housing Authority's
services in fiscal year 1986-87 total $355,700.00 for administration of
four economic development and six housing programs, totaling
$2,601,544.00, for a total contract amount of $2,957,244.00; and major
responsibilities to b~ fulfilled by the Housing Authority under the
contract include activities regarding housing rehabilitation, commer-
cial/industrial development and Gainsboro Revitalization.
it was noted that an administrative agreement between the City and
the Housing Authority is necessary before the Housing Authority can
perform and receive payment for administrative activities regarding
CDBG funded or assisted programs; and the Housing Authority Commission
has reviewed the proposed contract in draft form and adopted a resolu-
tion dated July 14, 1986, authorizing execution.
The City Manager recommended that Council authorize him to execute
the Agreement with the Housing Authority for performance of various
community development activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28248) AN ORDINANCE authorizing the execution of a written
agreement with the City of Roanoke Redevelopment and Housing Authority
relating to the performance of certain Community Development Block
Grant program activities to be undertaken by the City during Program
Year 1986-1987; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 664.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... --7.
NAYS: None .........
O®
INDUSTRIES: The City Manager having previously placed a report on
the agenda with regard to a land option at the Roanoke Centre for
Industry and Technology, he advised that he would like to withdraw the
report from the agenda. Mr. Herbert noted that he would like to bring
to Council a draft option that reflects the general conditions of the
option.
516
ACTION:
Mr. Harvey moved that Council concur in the City Manager's
request. The motion was seconded by Mr. Trout and unanimously adopted.
TRAINS-FLOODS-PARKS AND PLAYGROUNDS: The City Manager submitted a
written report advising that on March 1, 1969, Steam Locomotive No.
1604 was loaned to the City of Roanoke by the Chesapeake and Ohio Rail-
way Company for an indefinite period; that a written agreement between
the City of Roanoke and the C & 0 Railway Company required that the
City maintain C & 0 Locomotive No. 1604 in the same condition as when
the engine was received; that the November 4, 1985, flood damaged and
derailed the locomotive on display at the Virginia Museum of Trans-
portation; that a damage survey report has been approved to provide
federal funding to retrack and repair the locomotive to its pre-flood
condition; and City forces do not have the expertise or equipment to
retrack and repair a 200-ton steam engine.
It was explained that on April 28, 1986, the City of Roanoke
requested the Norfolk and Western Railway Company to retrack and repair
C & 0 Locomotive No. 1604 with the commitment for reimbursement for its
work; that on June 16, 1986, Norfolk and Western Railway Company agreed
to assist the City in retracking, repairing, and relocatin9 the locomo-
tive; and the Norfolk and Western Railway Company has requested that
the City agree and accept an agreement as prepared by their Law
Department which is a broad indemnification of the Railway Company
placing liability on the City of Roanoke if the engine is further
damaged in the process of retracking or repairing.
It was pointed out that Norfolk and Western Railway Company is the
sole source for providing these services because of expertise and
equipment required for retracking, repairing, and relocating Engine ~.
1604 and because of the company's ownership of the rail on which the
engine must travel; and a portion of the work may be subcontracted by
Norfolk and Western Railway.
The City Manager recommended that Council authorize him to sign
the agreement letter with Norfolk and Western Railway Company, which
would allow the railway company to retrack, repair, and relocate C & 0
Steam Locomotive No. 1604, and provide for the reimbursement to the
railway company for costs incurred.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28249) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Norfolk and Western Railway Company for retracking,
repairing and relocating Steam Locomotive No. 1604; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 665.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......
Oe
HOUSING: The City Manager submitted a written report advising
that Council, pursuant to Ordinance No. 25684 adopted on July 27, 1981,
recognized, approved and supported the Comprehensive Revitalization
Plan for Gainsboro; that the City Manager entered into a contract dated
September 3, 1981, with PAC whereby the Corporation agreed to implement
the plan; and Council has authorized annual contracts since 1981 with
6ainsboro Project Area Committee, Inc., (PAC) and Gainsboro Neighbor-
hood Development Corporation (GNDC) for the continued implementation of
certain Action Projects.
It was explained that the agreement of July 1, 1985, expired on
June 30, 1986; that unfinished and continuing activities still remain
to be carried out in the Gainsboro neighborhood; that final Statement
of Community DeveloFmlent Objectives and Projected Use of Funds for
June, 1986 - May, 1987 includes Gainsboro activities; that terms of the
proposed fiscal year 1986-87 contract have been reviewed by Gainsboro
PAC/GNDC, City staff and the City Attorney's Office; and action pro-
jects and specific contract amounts are listed as follows:
Action Projects 1 and 2 -Administration
of PAC and GNDC $ 60,501.00
Action Project 4 -Gainsboro Prototype
Infill House
49,893.00
Action Project 9 - Neighborhood Beautifi-
cation Activities 10,603.00
Action Project 12 - Solicitation of
Grants
3,579.00
Action Project 17 - Community Service
20,000.00
Action Project 19 - Residential Dis-
tricts Site Improvements and Housing
Revitalization Progrmn (Property
Management, Maintenance and Marketing
of PAC/GNDC-owned Properties)
5,000.00
CONTRACT TOTAL
$ 149,5/6.00
517
ACTION:
Mr. Herbert recommended that Council adopt a measure authorizing
the City Manager to execute an agreement among the City of Roanoke, the
Gainsboro Project Area Committee and the Gainsboro Neighborhood
Development Corporation providing for certain activities within the
Gainsboro Redevelopment area during fiscal year 1986-87.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28250) AN ORDINANCE authorizing the execution of an agreement
among the City of Roanoke, the Gainsboro Project Area Committee, Inc.,
and the Gainsboro Neighborhood Development Corporation pertaining to
the implementation of certain Action Projects within the Gainsboro area
during Fiscal Year 1986-1987; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 665.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ......... O.
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program provides for the repair of
substandard rental property by rehabilitation subsidies equal to 1/3 of
the rehab cost and Section 8 rent subsidies to avoid displacement of
low income tenants; that Roanoke's allocations for the first two years
of the Rental Rehabilitation Program totalled $215,300.00 for rehabili-
tation subsidies and these allocations provided renovation to 45 apart-
ment units in 24 buildings, at a total cost of $734,690.00; and Roanoke
was the first locality in Virginia to use all of its allocation for the
rental rehabilitation.
518
announced with Roanoke's allocation at $51,000.00; that application to
HUD for the 1986 Progrmn has been submitted, contingent upon Council's
approval of the application; that efforts are ongoing by the admi-
nistration to secure additional Rental Rehabilitation funds from HUD,
with $57,000.00 unused by other localities expected to be allocated to
Roanoke shortly, and substantially more funds are likely to be avail-
able if needed; that expanded eligible areas are requested in the
application, and, in addition to existing Conservation Areas and Reh-
abilitation Districts, areas added as eligible include all of Highland
Park Conservation Area and Washington Park neighborhood.
The City Manager recommended that Council endorse the City's
application to HUD for the 1986 Rental Rehabilitation Program alloca-
tion of $51,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
ACTIONi
(#28251) A RESOLUTION authorizing the filing of an application
with the United States Deparbnent of Housing and Urban Development for
certain funds for a Rental Rehabilitation Program in the City.
(For full text of Resolution, see Resolution Book No. 49, page 666.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... ----7.
NAYS: None ........
O®
CITY ATTORNEY:
EMERGENCY SERVICES: The City Attorney submitted a written report
advising that at the Counci meeting on Monday, June 23, 1986, Council
received and concurred in a report recommending the accord of certain
City benefits to temporary, full-time cardiac technicians; that at that
same time, Council adopted a budget ordinance appropriating funding for
this purpose; that to establish a better historical record as to why
benefits are being made available to this group of temporary employees,
he would recommend that Council adopt a measure which fully implements
the City Manager's recommendation and is made retroactive to July 1,
1986.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28252) A RESOLUTION relating to the provision of certain bene-
fits to temporary, full-time cardiac technicians in the employ of the
City.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 666.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ..........
-0.
TRAFFIC-CITY CODE: The City Attorney submitted a written report
transmitting a proposed ordinance which would amend subsections (al
and {b) of §21-40.1, Open storage of inoperative vehicles in residen-
tial or commercial districts, Code of the City of Roanoke (1979), as
amended, advising that the amendments are necessary by certain changes
made in the enabling legislation by the General Assembly during the
last Session, and by some inconsistencies between the City Code and the
State Code.
m
ACTION:
ACTION:
ACTION:
It was explained that two of the proposed changes are necessitated
by changes in the enabling legislation, §15.1-11.1, Code of Virginia
(1950), as amended, advising that the first changes the definition of
"inoperative motor vehicle" to include vehicles which have been totally
or partially disassembled by the removal of tires and wheels, the
engine, or other essential parts required for the operation of the
vehicle, for a period of sixty days or longer, and the present Code
provides for a period of ninety days or longer; that the second change
includes in the definition of "inoperative motor vehicle" vehicles "on
which there are displayed neither valid license plates nor a valid
inspection decal"; that if Council adopts the proposed Ordinance, it
will no longer be necessary for enforcement authorities to allow an
inoperative motor vehicle to lie in a state of disassembly for a
lengthy period of time before acting; and it is also proposed to extend
the provisions of the ordinance to include property zoned Agricultural,
as permitted by the State Code.
Mr. Dibling advised that since the proposed ordinance strengthens
the prohibition against storing junked or inoperative vehicles in the
open, it should be very helpful in the City's efforts to rid itself of
these eyesores; and a violation of the section is punishable by a fine
of up to $500.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28253) AN ORDINANCE amending and reordaining subsections (a)
and (b) of §21-40.1, Open storage of inoperative vehicles in residen-
tial or commercial districts, of the Code of the City of Roanoke'
(1979), as amended, to provide a new definition for the term "inopera-
tive motor vehicle", and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 667.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None ......... O.
INDUSTRIES-GRANTS: The City Manager requested that Council hold a
public hearing on Monday, July 28, 1986, at 2:00 p.m., on a proposed
project application for an Urban Development Action Grant for a $5
million distribution facility to be constructed by Nicholas F. Taubman
and Advance Stores Company, Inc., in the Roanoke Centre for Industry
and Technology.
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mr. Garland and unanimously adopted,
REPORTS OF COMMITTEES:
FLOODS: A report of the Flood Plain Committee requesting that
Council increase the representation on the Flood Plain Committee
increasing the membership from seven to ten, the focus being to ask for
representation from the Downtown area, the Norfolk and Southern Railway
Company and one citizen not directly affected by the Roanoke River, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the request of the Flood
Plain Committee. The motion was seconded by Mr. Musser and unanimously
adopted.
FLOODS: A report of the Flood Plain Committee vdth regard to the
Roanoke River Channel widening project, was before Council.
519
520
ACTION:
ACTION:
It was explained that a staff report entitled, "Increasing Local.
Costs and Decreasing Benefits for the Roanoke River Channel Widening
Project" was discussed by the committee at length and the committee
agreed that the City must take a position against escalating local
costs; that the committee recommends that Council approve the recom-
mendation contained in the staff report and notify the Corps of
Engineers that the City is still interested in the project and requests
that local costs and benefits be in keeping with the originally recom-
mended Corps of Engineers project as presented at the public hearing on
November 2, 1983, less the flood warning system, which is proceeding on
a separate track, and would now set the non-federal share at approxima-
tely $6,600,000.00.
It was also explained that the minority view would notify the
Corps of Engineers that the City's position on non-federal support is
limited to the November 1985 letter of intent (then projected to be
$7,800,000.00) v~ich, after adjustments, is now estimated at
$7,200,000.00 but that the federal government still fund their pre-
viously indicated share of the pedestrian bridges and flood proofing of
the Roanoke Memorial Hospital and Sewage Treatment Plant.
The Committee recommended that a copy of the letter, which is
authorized to be sent to the Corps of Engineers, be sent to the City's
elected representatives with a cover letter soliciting their support.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28254) A RESOLUTION expressing this Council's oppositior, to any
reduction in scope or increase in local costs for the Roanoke River
Channel Widening Project.
(For full text of Resolution, see Resolution Book No. 49, page 668.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... ---7.
NAYS: None ........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HEALTH DEPARTMENT: Ordinance No. 28217 authorizing the proper
City officials to enter into a five-year lease between the City and the
Virginia State Department of Health, for use of the Health Center
Facility and surrounding property at Campbell Avenue, S. W., and 8th
Street, S. W., upon certain terms and conditions, having previously
been before the Council for its first reading on I~nday, June 23, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
(#28217) AN ORDINANCE authorizing the proper City officials to
enter into a five-year lease between the City and the Virginia State
Department of Health, for use of the Health Center Facility and
surrounding property at Campbell Avenue, S. W., and 8th Street, S. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 657.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .7.
NAYS: None ........ .0.
521
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
HOUSE NUMBERS: Mr. Greg Turner, representing Cardinal Painting,
appeared before Council in connection with his request to the City
Manager that he be permitted to paint the home address numbers on the
curbs in front of residences, noting that it has been a proven and long
accepted fact that painting the home address on the curb aids police,
fire and rescue squads in identification of a residence.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Turner advised that the City Manager denied his request based
on Sections 21-25 and 21-27 of the Code of the City of Roanoke (1979),
as amended. He stated that the above sections define vandalism,
defacing of City property and advertising on City property or on the
property of others, and expressed the opinion that he does not see how
painting a home address number on a curb could be construed as van-
dalism or advertising.
Mr. Turner said he received notification to cease operation
through a resident who had been instructed by the Police Department not
to render payment and he did not receive official notification from the
City to cease operation.
ACTION: The Mayor requested that Mr. Turner confer with the City Attorney
to discuss his concerns.
il
At 9:20 p.m., the Mayor declared the meeting in recess.
At 11:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year
term of Thomas D. Taylor as a member of the Advisory Committee -
Crystal Spring Pumping Station expired on June 30, 1986, and called for
nominations to fill the vacancy.
ACTION:
ACTION:
Mrs. Bowles placed in nomination the name of Thomas D. Taylor.
There being no further nominations, Mr. Taylor was reelected as a
member of the Advisory Committee - Crystal Spring Pumping Station for a
term of one year ending June 30, 1987, by the following vote:
FOR MR. TAYLOR: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ......... --7.
FIRE DEPARTMENT: The Mayor advised that the four year term of
Corbin L. wi-lson as a member of the Board.of ,Fir~ Appeals expi~r,e~ on
June 30, 1986, and called for nominations to fill the vacancy."
Mrs. Bowles placed in nomination the name of Corbin L. Wilson.
There being no further nominations, Mr. Wilson was reelected as a
member of the Board of Fire Appeals for a term of four years ending
June 30, 1990, by the following vote:
FOR MR. WILSON: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ....... 7.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
term of Harold P. Kyle as a member of the Citizens' Services Committee
expired on June 30, 1986, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Harold P. Kyle.
522
ACTION:
There being no further nominations, Mr. Kyle was reelected as a
member of the Citizens' Services Committee for a term of one year
ending June 30, 1987, by the following vote:
FOR MR. KYLE: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ........ 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year term
of Eleanor W. Alvis as a member of the Mill Mountain Development
Comnittee expired on June 30, 1986, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Eleanor W. Alvis.
ACTION:
There being no further nominations, Ms. Alvis was reelected as a
member of the Mill Mountain Development Committee for a term of one
year ending June 30, 1987, by the following vote:
FOR MS. ALVIS: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .................. 7.
ACTION:
ACTION:
SCHOOLS: The Mayor advised that the one year term of Warner N.
Dalhouse as a member of the Jefferson High School Committee expired on
June 30, 1986, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Warner N. Dalhouse.
There being no further nominations, Mr. Dalhouse was reelected as
a member of the Jefferson High School Committee for a term of one year
ending June 30, 1987, by the following vote:
FOR MR. DALHOUSE: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ............. -7.
DIRECTOR OF REAL ESTATE VALUATION: Mr. Trout moved that Council
appoint Von W. Moody, III, to the position of Director of Real Estate
Valuation at an annual salary of $42,600.00, effective August 1, 1986.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, and Mayor
Tayl or .......... . .... 5.
NAYS: Council members Harvey and Musser .......... 2.
There being no further business, the Mayor declared the meeting
adjourned at 11:30 p.m.
APPROVED
ATTEST: ~
City Clerk
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 28, 1986
2:00 p.m.
523
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 28, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
.Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(19/9), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ......... 7.
ABSENT: None ............
OFFICERS PRESENT: Mr. Earl B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of A~erica
was led by Mayor Taylor.
ACTION:
BUDGET-PARKS AND PLAYGROUNDS: The Mayor asked the pleasure of
Council with regard to consideration of item 6.a. on the agenda; where-
upon, Mr. Trout moved that the item be considered out of sequence at
this point. The motion was seconded by Mr. Bowers and unanimously
adopted.
Council member Robert A. Garland, Chairman of the committee
appointed by the Mayor to tabulate bids received for Mill M~untain Park
Improvement Project - Phase II, presented a written report on behalf of
the committee, recommending that Council award a lump sum contract to
Boxley Construction Company to perform work included in the Base Bid
and Alternate Nos. I - 5, in the amount of $233,178.00, and a construc-
tion period of 120 consecutive calendar days; that Council establish a
job contingency of $12,432.00, for a total project construction cost of
$245,610.00; and that the City Manager be authorized to take the
following action:
Accept a cash contribution of $37,800.00 from
Roanoke Times & World-News, Inc., towards the cost
of constructing the new overlook, stone wall, and
the surrounding area on Mill Mountain.
Erect an appropriate marker near the Star recogni-
zing this generous contribution from the Roanoke
Times & World-News, Inc.
Appropriate $185,300.00 from the following sources
into Mill Mountain Park - Phase II Account No.
008-050-9516-9001:
524
1982 Park Bond Funds
Account #008-052-9576-9180 ............ $ 78,500.00
1985 Park Bond Funds
Account #008-052-9577-9180 .............
Roanoke Times & World-News, Inc.
Contributions .........................
69,000.00
37,800.00
ACT[ON:
ACTION:
Total Appropriation
Current balance in Account
No. 008-050-9516-9001
Total amount available for the
project
$185,300.00
60,310.00
$245,610.00
It was also recommended that all other bids be rejected.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28255) AN ORDINANCE to amend and reordain certain sections of
tile 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 674.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ........... O.
Mr. Garland offered the following emergency Ordinance:
(#28256) AN ORDINANCE accepting the bid of Boxley Construction
Company, for Phase II of the Mill Mountain Park Improvement Project
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 675.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ............... O.
Mr. Garland offered the following Resolution accepting a gift from
the Roanoke Times & World News:
(#28257) A RESOLUTION accepting a gift from the Roanoke Times and
World-News to mark the one hundredth birthday of the newspaper and
expressing the appreciation of Council for such donation.
(For full text of Resolution, see Resolution Book No. 49, page 675.)
,!
ACTION:
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, ,Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None ........
-0.
On behalf of the Council, the Mayor presented a framed copy of
Resolution No. 2825/ to Mr. Walter Rugaber, President and Publisher of
the Roanoke Times & World-News and expressed appreciation on behalf of
the City of Roanoke for the generous gift from the Roanoke Times &
World-News, in the amount of $3/,800.00, to be used for construction of
a new overlook, stone wall and development of the surrounding area on
Mill Mountain.
ACTS OF ACKNOWLEDGEMENT-MISCELLANEOUS: Ms. Greta Evans appeared
before Council and presented her poem entitled, "We've Got A Star to
Prove It!" A Tribute to Roanoke.
STREETS AND ALLEYS: With regard to item 5.a.5. on the agenda
entitled, "A report of the City Manager with regard to a request of
F & B Developers that the City officially open and improve a certain
section of Norwood Street, S. W." Mrs. Bowles moved that the item be
deferred pending receipt of further information. The motion was
seconded by Mr. Bowers and unanimously adopted.
525
BID OPENINGS:
ACTION:
ACTION:
BRIDGES: Pursuant to notice of advertisement for bids for repla-
cement of Mason Mill Road Bridge over Tinker Creek, said proposals to
be received by the City Clerk until 1:30 p.m., on Monday, July 28,
1986, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID
Allegheny Construction Company, Inc.
Robertson Construction Company, Inc.
H & S Construction Company
Wilkins Construction Company, Inc.
Lanford Brothers Company, Inc.
$486,653.00
503,998.00
563,256.50
570,200.00
593,104.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mrs. Bowles and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for Franklin Road water line, said proposals to be received by the City
Clerk until 1:30 p.m., on P~nday, July 28, 1986, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
526
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER BASE BID
Dixon Contracting, Inc. $140,671.00
E. C. Pace Company, Inc. 143,840.00
H. P. Alexander 148,446.00
Aaron J. Conner General Contractor, Inc. 148,593.30
J. P. Turner & Brothers, Inc. 151,342.00
S. C. Rossi & Company, Inc. 161,584.00
F. L. Showalter, Inc. 190,924.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the con~nittee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for Franklin Road booster pumping station, said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, July 28,
1986, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City C]erk opened and read the following bids:
BIDDER
BID ITEM #1 BID ITEM #2
Structures and Utilities
Company, Inc.
Acorn Construction, Ltd.
Breakel], Inc.
$169,559.00 -$ 500.00
179,850.00 500.00
188,000.00 1,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed I~ssrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for Franklin Road water tank #1, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, July 28, 1986, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID
Fisher Tank Company $226,700.00
Advance Tank & Construction Company 229,360.00
Erected Steel Products, Inc. 234,590.00
Industrial Welding & Machine Corporation 256,157.00
Industrial Mechanical Services, Inc. 296,425.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
ACTION:
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the con~nittee.
527
SEWERS AND STORMS DRAINS: Pursuant to notice of advertisement for
bids for storm drain relocation, Exxon Roanoke Terminal, said proposals
to be received by the City Clerk until 1:30 p.m., on Monday, July 28,
1986, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereat=ret as the matter may be heard, the
Mayor asked ~I= anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID
S. C. Rossi & Company, Inc.
E. C. Pace Company, Inc.
F. L. Showalter, inc.
$281,695.00
311,431.00
348,767.00
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for flood damage repair, brick picnic shelter in Wasena Park, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
July 28, 1986, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID
Construction Services of Roanoke, Inc.
Building Specialists, inc.
Boxley Construction Company
$64,415.00
69,500.00
88,772.0n
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and George C. Snead, Jr., as members of the committee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for Roanoke Sports Complex, Maher Field Improvements, said propo-
sals to be received by the City Clerk until 1:30 p.m., on Monday,
July 28, 1986, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID ALT. #3
Breake11, Inc. $527,318.00
Boxley Construction Co. 545,000.00
Thor, Inc. 594,600.00
-$134,254.00
151,700.00
122,000.00
528
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was s~,:onded by Mr, Bowers and unanimously
adopted.
The Mayor appointed Mossrs. Robert A. Garland, Chairman,
William F. Clark and George C. Snead, Jr., as members of the committee.
ACTION:
PUBLIC HEARINGS:
INDUSTRIES: Pursuant to action of Council, the City Clerk having
advertised a public hearing for Monday, July 28, 1986, at 2:00 p.m., or
as soon thereafter as the matter may be heard, with regard to a pro-
posed project application for an Urban Development Action Grant, the
proposed project being a $5 million distribution facility to be
constructed by Nicholas F. Taubman and Advance Stores Company, Inc., in
the Roanoke Centre for Industry and Technology, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Monday, July 14,
1986,
(See publisher's affidavit on file in the City Clerk's Office.)
The Assistant City Manager advised that Mr. John W. F. Haner,
Attorney, representng Advance Stores Company, Inc., has requested that
the public hearing be cancelled inasmuch as his client has determined
that it is not necessary to proceed with an Urban Development Action
Grant.
Mr. Trout moved that the public hearing be cancelled. The motion
was seconded by Mr. Garland and unanimously adopted.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the menbers of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on
Monday, June 23, 1986, and the organizational meeting held on Monday,
July 7, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- - .......... 7.
NAYS: None-
Oe
RADIO/CABLE TELEVISION: A communication from B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
mary of Cox Cable Roanoke's status as of June 30, 1986, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
ACT[ON:
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ..... O.
CITY C~]VERNMENT (SISTER CITIES): A report of the City Manager
advising that the Sister City delegation from Wonju, Korea, par-
ticipated in a groundbreaking ceremony for the Sister City Fountain on
November 7, 1985, which was held in Colonial Plaza Park at Church
Avenue and Market Street, S. E.; that part of the originally proposed
site is owned by the Roanoke Redevelopment and Housing Authority, and
concern was expressed over deeding that portion of property to the City
because of the potential impact on the development of the total site;
and other sites were considered but were judged to have much less expo-
sure and are not as well suited as Colonial Plaza as a location for the
Sister Cities Fountain, was before Council.
It was explained that the fountain has been purchased and is being
stored at the Public Works Service Center; that the decision has been
made to locate the fountain in the original location in Colonial Plaza
Park and to modify the original plan to fit the available site, with
the understanding that if the other property becomes available in the
future, the original plan can be completed; that the Office of City
Engineer will prepare the required contract documents to construct the
fountain pool and surrounding area, to design the lighting system and
water circulation and other related ~rk; and the following is the pro-
posed schedule for the work:
Advertise project
Receive Bids
Bid Committee report to
Council
August 10, 1986
September 8, 1986'
September 22, 1986'
*Summer Council Schedule
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ..............
LEGISLATION-BUDGET: An informational report of the Director of
Finance with regard to the Supreme Court's ruling on Gramm-Rudman and
what it means, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ....... O.
ANNUAL REPORTS-ROANOKE ARTS COMMISSION: The annual report of tile
Roanoke Arts Commission for 1985-86, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None .......... O.
529
530
ACTION:
ACTION
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A report of qualification of Joan T.
Martin and Richard L. Meagher as members of the Roanoke Arts Commission
for terms of three years each ending June 30, 1989, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ...... O.
PERSONNEL DEPARTMENT: A report of qualification of Lewis W. Peery
as a member of the Personnel and Employment Practices Commission for a
term of three years ending June 30, 1989, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fo11 owing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ..............
AIRPORT: A report of qualification of Sidney A. Weinstein as a
member of the Airport Advisory Commission for a term of four years
ending June 30, 1990, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .................
Oe
LIBRARIES: A report of qualification of Katherine G. Cochran as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1989, was before Council.
(See Oath of Office on file in the City Clerk's Office,)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None ...........
-0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor-
NAYS: None ..... O.
531
REGULAR AGENDA:
'm
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TRAFFIC-POLICE DEPARTMENT: The Assistant City Manager submitted a
written report of the City Manager advising that on September 24, 1984,
Council amended Ordinance No. 27232 to authorize enforcement of han-
dicapped parking regulations on privately owned parking facilities open
to the public; that on June 2, 1986, Council approved Ordinance No.
28181, which allowed for the increased fines for handicapped parking
violations at the Roanoke Regional Airport; that Council requested the
City Manager to review the issue of parking ticket fines for han-
dicapped parking throughout the City; and enforcement of handicapped
parking regulations ~uld be accomplished using the standard city
parking citation.
It was explained that analysis of the parking fines including han-
dicapped parking has resulted in the following concerns:
Proper identification of handicapped spaces
Enforcement of violations
Consistency of fines throughout the City including
private parking areas
Review of entire parking fine structure currently
in effect.
It was further explained that evaluation of the above factors can
be best accomplished by a data collection survey from other similar
size localities in the Commonwealth of Virginia; that data collection
will take approximately 45 to 60 days; and parking ticket revisions,
printing and delivery will take another 60 days.
The City Manager advised that he will proceed with collection of
data which will allow for the review of all parking fines including
handicapped parking; and a recommendation on changes to the current
parking fine structure will be submitted to Council by September 22,
1986, for implementation on January 1, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Garland and unanimously adopted.
The
POLICE DEPARTMENT: The Assistant City Manager submitted a written
report of the City Manager advising that on October 19, 1982, members
of the Police Department Equipment Committee conducted research con-
cerning the visibility and aesthetic value of patrol vehicles and the
impact of color and design on safety of vehicles and recemmended that
Roanoke City patrol vehicle color and markings be revised; that the
committee cited a Swedish Study which identified the most visible and
easily recognized color scheme for police vehicles as white with a blue
stripe running the length of the car from headlight to taillight; and
police patrol vehicle color schemes have been the same since 1986, with
markings and decals applied to that scheme altered in 1982.
532
ACTION:
It was explained that 19 patrol vehicles authorized by Council and
purchased through the state contract have been delivered to the City
painted white; that preparation of those cars for use with the old
color scheme will require the painting of 19 units at an estimated cost
of $5,700.00; that time required for in-house painting and other pre-
paration is estimated at four to five months prior to the 19th vehicle
being placed in service; and the patrol car identification number pre-
sently in use lacks clarity at a distance.
The City Manager advised that new vehicles wi1! be white in color
and will be marked as shown on an accompanying photo; and the decision
was based on the following:
Officer Morale - Police Officer's Equipment Commit-
tee recommended the new color and marking scheme
after considerable study of the issue.
Operator safety and citizen identification will be
enhanced.
Cost savings of $5,700.00 immediately as the 19
vehicles just acquired will not have to be repain-
ted. Future vehicle purchases will require the
basic white color.
Repair costs and outuof-service time will go down
since damaged body parts do not have to be repain-
ted to match a two-tone color scheme.
Old vehicles will be converted to the new color and
marking scheme as they require routine repair or
replacement. However, some older vehicles will be
repainted and marked immediately so that duty pla-
toon vehicles are uniform in all patrol districts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
llle
ITEMS RECONMENDED FOR ACTION:
PLANNING-GRANTS: The Assistant City Manager submitted a written
report of the City Manager advising that the City of Roanoke received
its annual entitlement from the U. S. Department of Housing and Urban
Development (HUD) in the form of a Con~unity Development Block Grant
(CDBG); and the following two circumstances prompt a request to amend
the fiscal year 1986-87 CDBG program and budget:
Federal Courts have ordered release of $500 million
CDBG funds previously withheld from national budget
by Federal Office of Management and Budget (OMB).
HUD representatives have informed City staff that
Roanoke will receive $264,000.00 of newly-released
funds as its share of the $500 million.
HUD encourages localities to get double use from
CDBG letter of credit funds through a CDBG "float".
"Float" funds are the difference between the City's
letter of credit and the amount required to keep
the programs running over a period of months. For
example, with the addition of the new $264,000.00,
the City will have $3.1 million available in its
CDBG letter of credit. The CDBG projects expend
approximately $200,0D0.00 per month, leaving excess
funds available which could be loaned out over a
short term.
ACT[ON:
It was explained that the new $264,000.00 CDBG entitlement funds
are proposed for site improvement costs at Roanoke Centre for industry
and Technology to support current and future job-producing projects;
that the City proposes to create a loan pool of up to $1.9 million
(exact amount to be determined by the Director of Finance and justified
by need) for short-term construction financing from CDBG "float" funds
to support economic develo~nent; that both newly proposed activities,
site improvements and short-term loan pool require amendment of the
current CDBG program and budget; and citizen participation requirements
call for an evening public hearing by Council to amend the CDBG program
and budget at which time a detailed report will be presented to Council
on both proposals.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing or. ,Monday, August 11, 1986, at
7:30 p.m., in the City Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the City Manager's recom-
mendation to hold a public hearing on Monday, August 11, 1986, at
7:30 p.m., to amend the Community Development Block Grant Program. The
motion was seconded by Mr. Trout and unanimously adopted.
STATE HIGHWAYS-INDUSTRIES: The Assistant City Manager submitted a
written report of the City Manager advising that the Economic
Development Commission was given the charge of finding potential sites
in the City of Roanoke that might be available for economic development
for the next 20 - 30 years; that the Roanoke Centre for Industry and
Technology, a 153 acre park in the City of Roanoke, is a result of the
Commission's work; that the State Highway and Transportation Commission
adopted a policy on Novenber 20, 1980, to govern the use of industrial
access funds, pursuant to Section 33.1-221, Code of Virginia (1950), as
amended; and funding guidelines for industrial access funds are as
follows:
$300,000.00 in funding from State for an acceptable
industry whose value of construction is
$3,000,000.00. t~o matching funds are required for
this first $300,000.00.
$150,000.00 in additional funding can be made
available for an additional $3,000,000.00 in value
of construction, and provided a dollar for dollar
match up to $150,000.00 is al so provided.
It was explained that Blue Hills Drive, N. E., to Cooper Industry
in the Roanoke Centre for Industry and Technology was partially funded
with Industrial Access Road funds; and Advance Auto and Orris have
proposed development projects valued at $5,000,000.00 and $4,50D,OOD.O0
respectively for the Roanoke Centre for Industry and Technology, both
of which can be accessed by an extension of Blue Hills Drive, N. E.
The City Manager recommended that he be authorized to file two
applications with the Virginia Department of Highways and Transporta-
tion for Industrial Access Road funds up to $300,000.00 for roadway
extension to Orvis and up to $450,000.00 for further roadway extension
to Advance Auto.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28258) AN ORDINANCE authorizing the City Manager to file two
applications with the State Highway and Transportation Department for
$450,000.00 and $300,000.00, respectively, in Industrial Access Road
Funds to provide industrial access by construction of new roadways to
serve two new industries in the City; setting out the need therefor;
making provision for furnishing the necessary rights-of-way therefor
and for the adjustment of utilities; assuring that the City will main-
tain said new roadway; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 677.)
533
534
ACTION:
ACTION:
Mr. Trout moved the adoption of tl~e Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............... 7.
NAYS: None ......... O.
LICENSES-TAXES: The Assistant City Manager submitted a written
report of the City Manager advising that mail order sales have
increased locally, statewide and nationwide, especially over the last
ten years; and mail order distribution and fulfillment centers are
rapidly becoming a new source of basic employment in the Commonwealth
and in Roanoke.
The City Manager recommended that Council create a retail sub-
classification for mail order distribution centers, effective
January 1, 198/, with the following proposed rates:
$.20/$100 gross sales up to $20 million
$.05/$100 gross sales from $20-40 million
$.01/$100 gross sales above $40 million
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28259) AN ORDINANCE amending and reordaining paragraph (al of
§19-45, License tax categ, ories and rates, Code of the City of Roanoke
(1979), as amended, to divide the retail sales license tax category
into two subcategories consisting of mail order distribution centers
and all other retail sales; establishing rates for each subcategory;
and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 695.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None ..........
HOUSING: The Assistant City Manager submitted a written report of
the City Manager advising that owners of Caru and Caru East Apartments
in northwest Roanoke have requested the Virginia Housing Development
Authority (VHDA) to provide construction financing for renovation of
244 units; that all 244 units involved are and will continue to be
rent-subsidized housing for low-moderate income tenants; and improve-
ments planned include new air conditioning, kitchen appliances,
separate electric service to each unit, etc., all totaling approxima-
tely $1,300,000.00.
It was explained that VHDA has invited, as required by law, the
City's approval or disapproval of the request; that the City is allowed
60 days to comment by formal resolution of Council; and arrangements
for financing from VHDA cannot be finalized until comments are
received, or the 60 day period has elapsed.
The City Manager recommended that Council approve the request for
rehabilitation construction financing to be provided by VHDA for the
Caru and Caru East Aparbnents.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28260) A RESOLUTION approving the rehabilitation of a total of
244 apartment units in the City, and authorizing the execution of
Certificates of Approval for the same.
(For full text of Resolution, see Resolution Book No. 49, page 678.)
ACTION:
im ACTION:
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ......... O.
BRIDGES: The Assistant City Manager submitted a written report of
the City Manager advising that National Bridge Inspection Standards
previously required at least bi-annual inspections on all bridges asso-
ciated with state primary route extensions and any other federal-aid
highway systems; that the City of Roanoke has always participated
willingly in this bridge inspection program; that requirements include
inspecting 33 bridges annually and 21 additional structures each year
on a rotating, bi-annual basis; that the 1978 Surface Transportation
Act enacted by Congress requires that all bridges, including "off
Federal Aid System" structures, must be included in the bi-annual
inspection program; and the City of Roanoke has 60 bridges requiring
Supplementary Bridge Inspection Reports this year.
The City Manager recommended that Council award an engineering
services reimbursement, with a cost ceiling contract, in a form
approved by the City Attorney to Hayes, Seay, Mattern and Mattern, in
an amount not to exceed $17,400.00; advising that funding is available
for the contract from the Engineering Department's Fees for Profes-
sional Services Account No. 001-052-4310-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28261) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, to provide brid§e inspection ser-
vices; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 679.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ........... O.
WATER DEPARTMENT-STREETS AND ALLEYS: The Assistant City Manager
submitted a written report of the City Manager advising that Lake
Drive, S. W., was developed as a private street when the Windsor Hills
area was in the County of Roanoke, and it is still private; that most
of the homes on this street were built in the 1950's with at least one
home built in 1929; that annexation of the area to the City occurred on
January 1, 1976; and some residents along the street would like to have
all City services (which particularly includes street maintenance,
water service, and street lights), but have been unable to agree among
themselves to donate a 50-foot right-of-way until recently according to
Mrs. Louise Smith of 3714 Lake Drive.
It was explained that a meeting with neighborhood residents was
held on February 25, 1986, and all but three families were in favor of
Lake Drive being made a public street; that a petition for services was
received by Council member Harvey and forwarded to the Director of
Public Works in which it was stated that 90 per cent of the property
owners with frontage on Lake Drive (from Deyerle Road for a distance of
approximately 1,000 feet to the west) are represented on the petition,
and the petition requests street maintenance, water service, and street
lights, but does not promise donation of necessary right-of-way.
It was pointed out that improvements Which could be implemented
include:
535
536
Removal of two speed bumps at a cost which could be
included in regular maintenance activities.
Resurface street (1,000 feet long, 18 feet wide) at
a cost of $8,000,00, which could be done through
the annual paving program.
'Review by Signals and Alarms to install three
street lights, if approved, cost is $6.05 per
month per light, or an annual cost of $217.80.
Monies are presently budgeted for such work.
Water service for a distance of 1,000 feet at a
current cost to the City of $7,000.00, once the
residents have paid $5,000.00 as t:,eir portion of
the cost, plus refunds of $200.00 per resident who
takes water service within 30 days of water main
completion. For the 12 existing dwellings, that
would amount to $2,400.00 in refunds. Residents
would also be required to pay the prevailing con-
nection fee for water service and meter when they
sign for water service. This should be resolved,
and the water line installed, before the street is
paved.
It was also pointed out that deeds will need to be prepared by an
attorney who should be retained by the affected property owners; that
title search, at a cost of $1,500.00, will have to be completed by the
City Attorney's Office; that surveys and preparation of right of way
dedication plats will need to be performed by a surveyor who should be
retained by the affected property owners; that private streets do exist
at other locations throughout the City, and there are at least nine
other private streets along which citizens may wish to request street
paving and other City services, in much the same manner as the resi-
dents of Lake Drive.
The City Manager recommended that Council authorize the City
Administration to proceed toward accepting Lake Drive for public main-
tenance, providing water service, street lights and street maintenance,
contingent upon 100% donation of right-of-way, with funding from exist-
ing City accounts, and receipt of appropriate funding from the citizens
for extension of water service.
(For full text, see report on file in the City Clerk's Office.)
A communication from Mr. and Mrs. Jonathan M. Rogers, 3734 Lake
Drive, S. W., advising that they are opposed to donating a right-of-way
to the City of Roanoke for the purpose of a street which would then be
maintained by the City and their opposition is based upon the following
three considerations, was before Council.
Opposition to the removal of speed bumps which are
located on Lake Drive, noting that they work, they
slow cars down, and the problem which had existed
concerning traffic accidents has all but disap-
peared.
One of the great assets and reasons for purchasing
their residence was the countrified nature of this
unique area in Roanoke City, which the narrow road
(Lake Drive) contributes to and they would not like
to see the road widened to any extent as this would
contribute to changing the character of it. Fur-
thermore, the 50 foot right-of-way easement reques-
ted by the City would take fences, shrubs and
valuable real estate from them.
Although they would welcome the City bringing water
to Lake Drive, this can be done separate and apart
from any right-of-way easement for road work and
they would not oppose giving an easement for utili-
ties including water and street lights.
m
ACTION:
In conclusion, Mr. and Mrs. Rogers advised that they are adamantly
opposed to any donation of their ownership rights in Lake Drive to the
City of Roanoke if such donation would include a 50 foot easement and
the removal of the speed bumps.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey inquired if 90 per cent of the proper'ty owners donate
the required right-of-way and the other ten per cent decide not to
donate, what avenue would the residents have if the majority still wish
to have the street taken over the City.
The City Attorney advised that it would be appropriate for Council
to concur in the report and if that action occurs there may be more
leverage in deal with landowners on Lake Drive; that if Council concurs
in the report and if the City finds there are one or more objecting
landowners, there may be other alternatives, for example: if a land-
owner at the end of the street objects to the purchase, it may be that
the street could be constructed as a public street to that particular
point and post an "end City maintenance sign." He said there are other
alternatives that need to be explored once the administration deter-
mines what is, in fact, the position of the residents because the peti-
tion is not decisive with respect to the donation.
Mr. Harvey spoke in favor of investigating what the majority of
the people want and any available options should the total residents
not be willing to donate their property.
Mr. Harvey moved that the City Manager be requested to continue to
work with property owners, and that the communication from Mr. and Mrs.
Rogers be referred to the City Manager for his information. The motion
was seconded by Mr. Trout and unanimously adopted.
BUDGET-BRIDGES: The Assistant City Manager submitted a written
report of the City Manager advising that Wilkins Construction Company,
Inc., submitted the base bid, in the amount of $403,358.00, for Walnut
Avenue Bridge, S. E., over N & W Railway deck rehabilitation, which bid
was accepted by Council pursuant to Ordinance No. 28083 on August 7,
1986; that the Walnut Avenue Bridge has been experiencing deck
deterioration due to the penetration of water through the deck joints;
and the deck, which has been resurfaced several times since its 1927
construction date is being rehabilitated in order to lighten the dead
load on the structure, improve the riding surface of the bridge and
extend the life of the bridge.
It was explained that the structural deck of the bridge has been
completely exposed by the contractor; that the exposed deck has been
examined by Hayes, Seay, Mattern & Mattern; that their findings reveal
that the areas between each pier, previously believed to need only a
minor amount of rehabilitation, now need a much greater amount of reha-
bilitation, noting the previous estimates of 125 square yards of reha-
bilitation have been increased by an additional 515 square yards at
$125.00 per square yard, which amounts to an additional $64,375.00.
Also, curb height of the new curb needs to be increased by four inches
to cover the joint made where previous sidewalk repairs on the bridge
extended only a few inches below the old bituminous pavement and this
requires an additional 20 cubic yards of concrete at $300.00 per yard,
which equals $6,000.00.
The City Manager pointed out that funding, in the amount of
$70,375.00, (the total of the above two items) is available from the
Public Improvement Bond - Series 1985 - Streets and Bridges Account No.
008-052-9577-9181, to provide the subject work for Change Order No. 1;
that the contract would increase to $495,033.00 by virtue of Change
Order No. 1, in the amount of $70,375.00; that the same unit prices
used in the original low bid would also be used in this change order;
and an additional 45 calendar days would be added to the 180 calendar
days for the contract.
The City Manager recommended that Council take the following
actions:
537
538
ACTION:
ACTION:
ACTION:
Authorize the City Manager to execute Change Order
No. 1, in the amount of $70,375.00.
Time limit of contract to be extended by 45 conse-
cutive calendar days.
Transfer $70,375.00 fr~n the Public Improvement
Bond - Series 1985 - Streets and Bridges Account
No. 008-052-9577-9181 into the existing Walnut
Avenue Bridge Deck Repair Account No. 008-052-9529-
9001 (this maintains the $20,000.00 contingency
originally established when the contract was
awarded).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28262) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 679.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None- .0.
Mr. Trout offered the following emergency Ordinance:
(#28263) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Wilkins Construction
Company, Inc., for deck rehabilitation on the Walnut Avenue Bridge; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 680.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None ................
O.
PARKS AND PLAYGROUNDS-SEWERS AND STORM DRAINS: The City Manager
having previously placed a report on the agenda recommending authoriza-
tion for the acquisition of 24 properties between the westerly boundary
of Washington Park and lOth Street, N. W., for the Lick Run Retention
Pond, and that funds he transferred therefor, the Assistant City Mana-
ger requested that the report be withdrawn from the agenda, in order
for the City Administration to further refine the project scope.
Mr. Trout moved
stant City .Manager.
mously adopted.
that Council concur in the request of the Assi-
The motion was seconded by Mr. Musser and unani-
TRAFFIC-STATE HIGHWAYS: The Assistant City Manager submitted a
written report of the City Manager advising that representatives of the
Cities of Roanoke and Salem have discussed on numerous occasions ways
of improving the intersection of Apperson Drive/Brandon Avenue with
Keagy Road; and development of the new Lowe's Building Supply just
inside the City of Salem has resulted in the dedication of a 50-foot
right-of-way which will allow for straightening the alignment of Keagy
Road to create a tee-intersection with Apperson Drive.
539
It was explained that a cooperative venture between Salem and
Roanoke Public Works Departments can provide a new road segment for
improved traffic safety; that Roanoke personnel and equipment are
available to grade and prepare the right-of-way and Salem can provide
the necessary materials; that boundary adjustment between the two
cities can follow so as to maintain all of Keagy Road in one jurisdic-
tion, the City of Roanoke, to preclude the creation of law enforcement
complications; and a triangular parcel of land, owned by Lowe's Build-
ing Supply, but not part of their new development, would eventually be
in the City of Roanoke.
l
The City Manager recommended that he be authorized to proceed with
the construction of the realigned segment of Keagy Road, cooperatively
with the City of Sa]em; and that the City Attorney be authorized to
initiate appropriate measures to effect a boundary adjustment with the
City of Salem.
(For full text, see report on file in the City Clerk's Office.)
ACT[ON:
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and unanimously
adopted.
CITY CODE-BUILDINGS (BUILDING CODE): The Assistant City Manager
submitted a written report of the City Manager advising that existing
regulations under Chapter 7, Section 7-13, Roanoke City Code, makes
mention of the Uniform Statewide Building Code of Virginia, ~ich is
comprised of the BOCA Basic Building Code/1981, the BOCA Basic Plumbing
Code/1981, the BOCA Basic Mechanical Code/1981, the One and Two Family
Dwelling Code/1979 edition and 1980 supplement of the NPIPA National
Electrical Code/1981, and the Virginia Administrative Amendment/1981,
adopted by the Virginia Board of Housing and Community Development on
March 15, 1982, and was adopted by the City of Roanoke by reference,
which abovementioned codes have been in effect in the City since
October 4, 1982.
It was explained that the State Board of Housing and Community
Development has adopted Volume I - New Construction Code 1984 Edition,
including model building, plumbing, and mechanical codes of the Build-
ing Officials and Code Administrators International, Inc., and the
Electrical Code of the National Fire Protection Association, and
supplemented by adoption of the One and Two Family Dwelling Code 1983
Edition, with 1984 supplements (published by the Council of American
Building Officials), effective April 1, 1986.
The City Manager recommended that Council authorize amendment of
Section 7-13, Roanoke City Code, to adopt Volume I - New Construction
Code 1984 Edition, including model building, plumbing, and mechanical
codes of the Building Officials and Code Administrators International,
Inc., and the Electrical Code of the National Fire Protection Associa-
tion, noting that the codes will be supplemented by adoption of the
1983 edition, with 1984 supplement, of the One and Two Family Dwelling
Code (published by the Council of American Building Officials).
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28264) AN ORDINANCE' amending and reordaining §7-13, Adopted;
where copies filed, of the Code of the City of Roanoke (1979), as
amended, to provide for adoption of new building codes to replace
earlier editions of the same codes; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 681.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 7.
NAYS: None ............................ O.
540
CITY MANAGER-EQUIPMENT: The Assistant City Manager submitted a
written report of the City Manager concurring in a report of the Bid
Committee with reference to the purchase of a four wheel drive pas-
senger type vehicle to be used by the City Manager's Office.
The Bid Committee recommended that Council accept the lowest
responsible bid as submitted by Fulton Trucks, Inc., for the total
amount of $18,416.80; and that Council appropriate $18,416.80 from
fiscal year 1984-85 Capital Maintenance and Equipment Replacement
Program to City Manager's Account No. 001-002-121109010.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28265) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 681.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded ~v Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ...............
Mrs. Bowles offered the following emergency Ordinance:
(~28266) AN ORDINANCE providing for the purchase of a new 4-wheel
drive passenger type vehicle for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 682.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ...............
0
AMBULANCES: The City Manager and the City Attorney submitted a
joint written report with regard to regulation of ambulance service,
transmitting a measure which repeals the current ordinances governing
ambulance service and establishes a new regulatory framework, the
thrust of the new plan being to establish certain minimum requirements
to protect the public while also permitting all qualified parties to
compete on an equal basis.
It was explained that under the proposed plan, all private organi-
zations and individuals providing ambulance service from one location
in the City to any other location in the City will be required to
obtain a permit from the City Manager; that volunteer rescue squads and
governmental agencies are exempt from the regulations; that as a prere-
quisite to receiving the permit, the applicant must furnish proof that
he possesses a valid state permit to engage in this type of activity;
that each applicant will also be required to file a rate schedule and
to provide proof of motor vehicular liability insurance and general
liability insurance with specified coverage limits; and the City is to
be named as an additional insured on such policies as its interests may
appear.
It was noted that under the new plan, the City Manager will issue
the permit if he concludes that the applicant is qualified; that an
applicant who is denied a permit by the City Manager may appeal this
decision to the City Council; and the ordinance also provides for
suspension on revocation of the permit if there are violations of
applicable city, state or federal regulations.
ACTION:
The City I~nager and City Attorney advised that a permit will
allow response to non-emergency situations in the City; that response
to emergencies will be permitted only when there has been a request
made by the patient or someone on behalf of the patient, when there has
been a request made by the City, or when the owner or operator of the
ambulance coincidentally observes a condition requiring i~ediate
attention; and the permit holder is required to notify the City of any
response to an ~nergency condition so that the City will be aware that
ambulance response has been provided.
It was pointed out that one condition of each ambulance permit is
that the holder must agree to provide service throughout the city and
not to refuse to serve any person without just cause; that service may
be refused if there is a lack of qualified personnel or equipment or if
the patient is unable or unwilling to pay for the requested service;
and the ordinance provides that each certificate holder will maintain
accurate service logs containing critical information about each
request for service and the logs are required to be made available for
inspection by the City upon request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28267) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by enacting a new Chapter 5.1, Ambulances, con-
sisting of new sections 5.1-1 through 5.1-13, such new Chapter
generally establishing a permit requirement for operation of ambulances
in the City; setting forth various requirements for obtaining such per-
mit; authorizing permit holders to respond to non-emergency situations
and, under limited conditions, to emergency situations; imposing cer-
tain requirements on permit holders; repealing Chapter 5, Ambulances
and Vehicles for Transportation of Handicapped; and providing for an
emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 683.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. ?.
NAYS: None ............
.0.
CITY ATTORNEY:
DIRECTOR OF REAL ESTATE VALUATION: The City Attorney submitted a
written report transmitting a resolution formalizing the appointment of
Von W. Moody, III, as Director of Real Estate Valuation and establish-
ing the terms and conditions of his employment.
Mr. Dibling advised that assuming Council intends to restore the
Office of Real Estate Valuation to its former independent status ~Hth
the Director reporting to City Council, he has prepared an ordinance
which repeals Ordinance No. 26661 adopted on August 22, 1983, and
restores to the City Code §§32-37 and 32-37.1 which relate to the posi-
tion of Director of Real Estate Valuation, appointment of this officer
and duties and responsibilities of the Director, noting that both
measures are made effective August 1, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28268) AN ORDINANCE repealing Ordinance No. 26661, adopted
August 22, 1983, which placed the Office of Real Estate Valuation under
the temporary supervision of the Commissioner of Revenue; amending the
Code of the City of Roanoke (1979), as amended, by enacting new §32-37,
Appointment and term, and §32-37.1, General powers and assistants, the
added sections relating to the position of the Office of Real Estate
Valuation in the City government structure, appointment and term of the
541
542
ACTION:
ACT[ON:
ACTION:
Director of Real Estate Valuation and general powers of the Director of
Real Estate Valuation; and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 49, page 686.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles.
Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., appeared before
Council and advised that according to the news media, Mr. Moody was
involved in the unrest in the Assessor's Office in recent years and was
in the middle of the controversy ~en Mr. t~Kenzie left office under
pressure. He said three years ago Council voted 6 - 1 not to appoint
Mr. Moody to the position; that as a close observer of City Council
action, he is disturbed that prior to Mr. Moody's appointment several
members of Council stated publicly that they could not vote to appoint
Mr. Moody, but the vote did not come out that way. He stated that if
Council confirms this appointment, it will be destroying a longstanding
process of advertising for positions to be filled; that Council will
confirm a statement made by several members of Council and reported by
the news media that controversy is an asset and not a liability; that
Council will be sending a clear message to other City employees and the
public in general that Council not only condones controversy but may
reward it with higher pay and a better position. Worse yet, Mr. Abbott
said the integrity of Council may be weakened and the probability of
cooperation among Council members in the future may be compounded.
Ordinance No. 26268 was adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........
Mrs. Bowles offered the following Resolution:
(#28269) A RESOLUTION electing and appointing Yon W. Moody, III,
as Director of Real Estate Valuation for the City of Roanoke effective
August 1, 1986, and providing for the terms and conditions of Mr.
Moody's employment as Director of Real Estate Valuation.
(For full text of Resolution, see Resolution Book No. 49, page 687.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland and Mayor
Tayl or ................ . ....... 5.
NAYS: Council members Harvey and Musser .........
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance presented the finan-
cial report for the month of June, 1986, transmitting the unaudited
financial statements for the fiscal year ended June 30, 1986, advising
that the figures are subject to change during the course of the current
audit.
It was explained that per the requirements established in
Ordinance No. 26292, adopted by the Council on December 6, 1982,
setting up a Reserve for Capital Improvements and Capital Maintenance
and Equipment Replacement, $1,405,586.00 has been designated, leaving
no undesignated funds at year end.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
543
BUDGET: The Director of Finance advised that at tile close of
fiscal year 1986, budgeted funds were obligated for outstanding encum-
brances and incomplete capital projects; that purchase orders or con-
tracts had been issued for the goods and services as of the close of
fiscal year 1986, but delivery of the goods, or performance of the ser-
vices are not complete; that capital projects are usually not completed
within the fiscal year in which the project is begun and continue into
the following fiscal year(s); that reappropriation of these funds
brings forward the unspent budget funds that were originally appro-
priated and obligated contractually for tile goods and services; and
appropriation amounts are as follows:
General Fund
Open encumbrances
$ 1,147,670.00
127,796.00
1,669,208.00
$ 1,797,004.00
1,087,692.00
385,355.00
$ 1,473,047.00
$ 430,025.00
2,627,535.00
$ 3,057,560.00
$ 19,981.00
157,764.00
$ 177,745.00
$ 338,842.00
Water Fund
Open encumbrances
Capital projects from revenue
Total
Sewage Fund
Open encumbrances
Capital projects from revenue
Total
Airport Fund
Open encumbances
Capital projects from revenue
Total
Civic Center Fund
Open encumbrances
Capital projects from revenue
Total
Internal Service Fund
Open encumbrances
The Director of Finance recommended that Council adopt budget
ordinances to reappropriate the funds into the current year budget in
order that these expenditures may be properly classified and liqui-
dated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28270) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 688.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. 7.
NAYS: None .............
Mr. Bowers offered the following emergency budget Ordinance:
(#28271) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 689.)
544
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout,
Musser and Mayor Taylor ........
NAYS: None ....
Bowers, Bowles, Garland, Harvey,
7,
Mr. Bowers offered the following emergency budget Ordinance:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... ----7.
NAYS: None .......
Mr. Bowers offered the following emergency budget Ordinance:
(#28273) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Airport Fund Appropriation Ordinance, and providing for an
emergency.
Om
(For full text of Ordinance, see Ordinance Book No. 49, page 691.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ....... -0.
Mr. Bowers offered the following emergency budget Ordinance:
(#28274) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Civic Center Fund Appropriation Ordinance, and providing
for an emergency.
NAYS: None ........
Mr. Bowers offered the following emergency budget Ordinance:
(For full text of Ordinance, see Ordinance Book No. 49, page 692.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... --7.
.0.
(#28275)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
Internal Service Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 49, page 692.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... --7.
NAYS: None ........ O.
(For full text of Ordinance, see Ordinance Book No. 49, page 690.)
(#28272) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
m
ACTION:
ACTION:
REPORTS OF COMMITTEES:
BUDGET-JAIL: Council member Robert A. Garland, Chairman of a com-
mittee appointed by the Mayor to tabulate bids received to complete the
construction of the pods on the third and fourth floors of the City
Jail in accordance with plans, specifications and other contract docu-
ments as prepared by Hayes, Seay, Mattern & Mattern, presented a writ-
ten report on behalf of the committee recommending that Council take
the following action:
Authorize the City Manager to enter into a contrac-
tural agreement with Thor, Inc., in the amount of
$712,800.00 and a construction time of 180 con-
secutive calendar days.
Approve the project budget as listed in the report
and authorize the Director of Finance to transfer
$489,600.00 to Account No. 008-052-9505-9001, which
has already been established for the architect-
engineering fee.
Authorize the Director of Finance to establish an
Accounts Receivable in tile amount of $300,000.00
fr~n the Commonwealth of Virginia Department of
Corrections for reimbursement and appropriate
$300,000.00 to the account established in the
report.
Reject the other bids received.
A report of the City Manager concurring in the recommendations of
the bid committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28276) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 693°)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None .........
Mr. Garland offered the following emergency Ordinance:
(#28277) AN ORDINANCE accepting the bid of Thor, Incorporated,
for construction of the pod additions at the Roanoke City Jail facility,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 694.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
545
NAYS: None ....... --0.
546
ACTION:
ACTION:
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28235 permanently vacating,
discontinuing and c)osin§ a portion of Frantz Street, N. W., approxima-
tely 499.21 feet in length and 22.03 feet wide, having previously been
before the Council for its first reading on Monday, July 14, 1986, read
and adopted on its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28235) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No...49, page 669.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... -7.
NAYS: None ..........
ZONING: Ordinance No. 28236 rezoning five parcels of land located
on Hershberger Road near Cove Road, N. W., containing approximately 1.5
acres, and designated as Official Tax Nos. 2560801, 2560802, 2560814,
2560815 and 2560816, from RS-3, Single Family Residential District, to
RD, Duplex Residential District, having previously been before the
Council for its first reading on Monday, July 14, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adopt i on:
(#28236) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 256, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 670.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ......... .6.
NAYS: None ........
(Council member Harvey abstained from voting.)
ZONING: Ordinance No. 28237 rezoning a certain tract of land
located at 2610 Roanoke Avenue, S. W., containing approximately 1.842
acres, and designated as Official Tax No. 1430102, from RS-3, Single
Family Residential District, to LM, Light Manufacturing District,
having previously been before the Council for its first reading on
Monday, July 14, 1986, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#28237) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 143, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 49, page 671.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
547
AYES: Council mmnbers Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... 7.
NAYS: None .... O.
ZONING: Ordinance No. 28238 rezoning a tract of land containing
approximately 5.2 acres, located on the westerly side of North Jeffer-
son Street, bounded on the west by Gainsboro Road, N. W., and on the
south by Patton Avenue, N. W., and designated as Official Tax Nos.
2021802, 2021901, 2021902, and 2011001, including a previously closed
portion of Rutherford Avenue, N. W., from C-4, Central Business Expan-
sion District, to RG-2, General Residential District, having previously
been before the Council for its first reading on Monday, July 14, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#28238) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 201 and 202, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 49, page 671.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None ......... O.
(Council member Bowers abstained from voting.)
ZONING: Ordinance No. 28239 rezoning a tract of land containing
approximately 2.0 acres, located south of the N & W Railway right-of-
way and west of Murray Road, S. W., and designated as a portion of
Official Tax Nos. 5210601, 5210605, 5210606, 5210607 and 5210608, from
C-2, General Commercial District, t.o LM, Light Manufacturing District,
subject to certain proffered conditions, having previously been before
the Council for its first reading on Monday, July 14, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
(#28239) AN ORDINANCE to ~end §§36-3 and 36-4, Code 6 the City
of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 672.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ............... ~ .........
ZONING: Ordinance No. 28240 rezoning a tract of land containing
approximately 1/5 acre, located at 1911 Memorial Avenue, S. W., between
Memorial Avenue and Denniston Avenue, S. W., being a portion of Lots 14
and 15, Block 5, Section 1, Virginia Heights, and designated as
Official Tax No. 1330302, from C-1, Office and Institutional District,
to C-2, General Commercial District, subject to certain proffered con-
ditions, having previously been before the Council for its first
reading on Monday, July 14, 1986, read and adopted on its first reading
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
548
ACTION:
(~28240) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 673.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... .--7.
NAYS: None ........... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:25 p.m., the Mayor declared the meeting in recess.
At 3:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
COUNCIL: The Mayor presented a communication transmitting copy of
all committee assignments presently being fulfilled by the members of
Council, and advising that with the concurrence of Council he would
like to recommend that all committee assignments and chairmanships will
remain as fo)lows:
Vice-Mayor Howard E. Musser
Budget and Planning Committee
Personnel Committee, Chairman
Greater Roanoke Transit Company - Board of Directors
Vice-President '
Water Resources Committee
Audit Committee
Cable Television Committee, Chairman
Regional Cable Television Committee, Chairman
War Memorial Committee, Chairman
Mill Mountain Zoo, Incorporated (Liaison Council member)
Council member David A. Bowers
Budget and Planning Committee
City of Roanoke Redevelopment and Housing Authority (Liaison
Council Member)
Personnel Committee
Greater Roanoke Transit Company, Board of Trustees
Affirmative Action Program Study Committee
Fifth Planning District Commission
Audit Committee
Downtown Housing Task Force (Ex-Officio Member)
Council member Elizabeth T. Bowles
Budget and Planning Committee
Fifth Planning District Commission and Executive Committee
Greater Roanoke Transit Company - Board of Directors
Mill ~untai~ Development Committee
Personnel Committee
Roanoke Arts Commission
Total Action Against Poverty in the Roanoke Valley - Board of
Directors, City Representative
Water Resources Committee, Chairman
City of Roanoke Representative to a Committee Composed of
Representatives of the City of Salem and the Town of Vinton (To
negotiate relative to fire and emergency services.)
Western Virginia Development Company
Arts Committee - Roanoke City Courthouse
Audit Committee
Roanoke Valley Mayor's Committee for Employment of the Handicapped
549
Council member Robert A. Garland
Budget and Planning Committee
Greater Roanoke Transit Company - Board of Directors
City of Roanoke Transportation Safety Commission
Personnel Committee
Unified Human Services Transportation System, Inc., Board of
Directors
Wiley Drive Committee
Fifth Planning District Commission
Roanoke Civic Center Commission
Water Resources Committee
Bid Committee, Chairman
Council member James G. Harvey, II
Wiley Drive Committee
Audit Committee, Chairman
Budget and Planning Committee
Personnel Committee
Courts Facility Advisory Committee
Greater Roanoke Transit Company - Board of Directors
Airport Advisory Commission (Liaison Council member)
Airport Runway Extension Speakers Bureau
Water Resources Committee
Council member James O. Trout
ACTION:
Budget and Planning Committee
Greater Roanoke Transit Company - Board of Directors
Personnel Committee
Audit Committee
Cable Television Committee
Fifth Planning District Commission
Regional Cable Television Committee
Economic Development Commission, Chairman
Courts Facility Advisory Committee
Virginia Museum of Transportation Board of Directors
Downtown Housing Task Force (Ex-officio Member)
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation of the
Mayor that members of Council will continue to serve on their respec-
tive committees and retain their respective committee chairmanships.
The motion was seconded by Mr. Musser and unanimously adopted.
PENSIONS: The Mayor advised that the tyro year term of D. Duane
Dixon as a member of the Board of Trustees, City of Roanoke Pension
Plan expired on June 30, 1986, and called for nominations to fill the
vacancy. (This position rotates between representatives of the Fire
Department and Police Department.)
Mr. Harvey placed in nomination the name of Ronald E. Carlisle.
ACTION:
There being no further nominations, Mr. Carlisle was elected as a
member of the Board of Trustees, City of Roanoke Pension Plan, for a
term of two years ending June 30, 1988, by the following vote:
FOR MR. CARLISLE: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .............. 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:55 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
550
REGULAR WEEKLY SESSION ..... ROANOKE CiTY COUNCIL
August 11, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 11, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .Re~lular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ............................... 7.
ABSENT: None ...........
O®
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dib]ing, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James R. Meador,
Jr., Pastor, Riverland Road Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
~ ~uu~l~ u,~ ,.~J,udy, ~prii U, ~oi, ~i~ ~i~y ~r~ ~,~vi~ ~uv~r~l~u
a public heari~g for Venday, August 11, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Terry N.
Grimes, Atcorney, representing Gregory S. and Laura A. Waddy, that an
unopened alley running parallel with properties identified as Official
Tax Nos. 2430925 and 2430932, and intersecting Palmetto Street, N. W.,
be permanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday,
July 25, 1986, and Friday, August 1, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be granted, subject to the following condition, was before
Council.
T~at official closure of the subject alley section
be made contingent upon the legal recordation of
the submitted plat of subdivision, dedicating an
adequate area for a public turnaround at the alley
terminus.
It was noted that the recommendation is based on the following
conclusions:
Alley sections have remained undeveloped for many
years.
City has no current plans to utilize either section
-of this alle~ s~'stem.
P~o~erty" owners could utilize the.p~ope~-ty within
the right-of-way in a more efficient manner.
ACT[ON:
ACT[ON:
Closure would relieve the City of the liability and
responsibility of maintaining the property within
the alley system right-of-way.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28278) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 712.)
The motion was seconded by Mr. Bowers.
No person wishing to address Council with regard to the request,
Ordinance No. 28278, on its first reading, was adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ........
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 11, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the Board of
Trustees, Westminster Presbyterian Church of America, that Scotland
Street, N. W., a paper street 344.97 feet in length, fronting the
Westminster Presbyterian Church building, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the. public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday,
July 25, 1986, and Friday, August 1, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28279) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 713.)
The motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the request,
Ordinance No. 28279, on its first reading, was adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and'Mayor Taylor .......... .-7.
NAYS: None .......
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 11, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke that certain tracts of land identified as Official Tax Nos.
7240101 and 7280101, lying between the Roanoke Centre for Industry and
551
552
ACTION:
Technology, located on the northerly side of U.
rezoned frmn AG, Agricultural District, to LM,
District, the matter was before the body.
S. Route 460, be
Light Manufacturing
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday,
July 25, 1986, and Friday, August 1, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request for rezoning be approved; and that the area identified as 6A be
studied in preparing the overall City zoning map during the
Comprehensive Plan update, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28280) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 724 and 728, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 49, page 714.)
The motion was seconded by Mr. Garland.
Ms. Sally Sadler, 2044 Denise Circle, N. E., appeared before
Council and requested that the land behind her property not become a
developed area. She said she purchased a home in that area because it
was secluded. She asked that there be adequate buffers between the
industrial park and the residential neighborhood.
The City Manager advised that this discussion came up at the
meeting of the City Planning Commission. He said the lay of the land
is such that it will be difficult to develop for industrial purposes.
He added that use of the land will take into consideration concerns of
the residents. Mr. Herbert said City representatives have met with the
residents and will continue to keep them informed as to development
activities.
No other persons wishing to address Council, Ordinance No. 28280,
on its first reading, was adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... .7.
NAYS: None ........
Oe
PLANNING-GRANTS: Pursuant to instructions of the Council, the
City Clerk having advertised a public hearing on an amendment to the
fiscal year 1986-87 Community Development Block Grant budget and
Statement of Objectives to the United States Department of Housing and
Urban Development on Monday, August 11, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, the matter was before the body.
It was noted that on August 25, 1986, the City of Roanoke will
submit to HUD an amendment to the City's statement of community deve-
lopment objectives for fiscal year July 1, 1986, through June 30, 1987;
that this amendment consists of two activities; that the first proposed
activity is the use of $264,000.00 for site improvements to support
new, low to moderate income jobs at Roanoke Centre for Industry and
Technology on Route 460 East; that the proposed second activity is a
program to provide short-term, low interest loans up to $1,000,000.00
to support economic development in the City of Roanoke; and this loan
program will also benefit low to moderate income persons through the
creation of new jobs.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times and World-News on Thursday,
July 31, 1986; and in the Roanoke Tribune on Thursday, July 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
ACTION:
A report of the City Manager advising that the City currently has
24 CDBG projects in its 1986-87 budget, totaling $3,022,726.00 in
federal funds from the following sources:
CDBG Entitlement 1986-87 $1,283,000.00
Projected Program Income 593,000.00
Funds Carried Over fr~n Previous Years 1,146,726.00
$3,022,726.00
It was explained that the new allocation from HUD of $264,000.00
will bring 1986-87 CDBG entitlement to $1,547,000.00, raising total
revenue available to $3,286,726.00; and the City must amend its CDBG
Grant Agreement with tlUD in order to spend the $264,000.00 new alloca-
tion.
It was noted that two firms, Advance Stores Company, Inc., and
Orvis, Inc., have expressed an interest in locating in Roanoke Centre
for Industry and Technology; and site preparation costs are projected
at $245,000.00 plus $19,000.00 contingency, for a total of $264,000.00.
The City Manager recommended that he be authorized to amend the
1986-87 CDBG Program, and appropriate $264,000.00 to an account
established by the Director of Finance to fund site improvements at
Roanoke Centre for Industry and Technology on City-owned land.
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council with regard to the matter,
Mr. Bowers offered the following emergency budget Ordinance:
(~28281) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 696.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by l~s. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, ttarvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........ O.
Mr. Bowers offered the following emergency Ordinance:
(#28282) AN ORDINANCE approving amendment of the 1986-8/ Com-
munity Development Block Grant Program of the City, to provide for
additional funds in the amount of $264,000.00 received pursuant to the
1986 Urgent Supplemental Appropriations Act; authorizing the execution
and filing of certain documents relating thereto; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 696.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .7.
NAYS: None .............
-0.
Mr. Bowers offered the following emergency Ordinance:
(#28283) AN ORDINANCE approving the amendment of the 1986-1987
Co~nunity Development Block Grant Program of the City, to provide for
the creation of a short-term loan program for economic development or
housing projects; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 697.)
553
554
ACTION:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by r~s. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......
NAYS: None ......................
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; a matter relating to acquisition of real property
for public purposes; and two matters relating to terms and conditions
of a contract under negotiation.
MINUTES: Minutes of the regular meeting of Council held on
Monday, July 14, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... -7.
NAYS: None .....
COUNCIL: A communication fr~n Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None .........
ANNUAL REPORTS-AUDITS: An annual report of the Audit Con~ittee
for the year ended June 30, 1986, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ...... -0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the acquisition of real property for public pur-
poses, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as
amended, was before the body.
555
m
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the acquisition of
real property for public purposes, pursuant to Section 2.1-344 (a) (2),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council mmnbers Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ............ O.
PENDING LIST: A list of items pending from July 10, 1978, through
July 28, 1986, was before Council.
ACTION:
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ................
.0.
TAXES: A report of qualification of Yon W. Moody, III, as
Director of Real Estate Valuation for the City of Roanoke, effective
August 1, 1986, was before Council.
ACTION:
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... 7.
NAYS: None ..........
-0.
ACTION:
PERSONNEL DEPARTMENT: A report of qualification of Frederick L.
Bulbin as a member of the Personnel and Employment Practices Commission
for a term of three years ending June 30, 1989, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... --7.
NAYS: None ........
.0.
LIBRARIES: A report of qualification of John D. Copenhaver as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1989, was before Council.
ACTION:
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... -7.
NAYS: None ........ O.
556
ACTION:
ACTION:
ACTION:
AIRPORT: A report of qualification of A. Byron Smith as a member
of the Airport Advisory Co~nission for a term of four years ending
June 30, 1990, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 owing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor. 7.
NAYS: None- .0.
FIRE DEPARTMENT: A report of qualification of Corbin L. Wilson as
a member of the Board of Fire Appeals for a term of four years ending
June 30, 1990, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 owing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- .7.
NAYS: None-- .0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss two matters relating to terms and conditions of a
contract under negotiation, pursuant to Section 2.1-344 (a) (6), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss two matters relating
to terms and conditions of a contract under negotiation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................... 7.
NAYS: None ........... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Orvis, Inc., in
financing the acquisition, construction and equipping of an approxima-
tely 175,000 square ~.qot warehouse and distribution center (with 20,000
square feet of office space) with related materials handling and office
and computer equipment, in the City by issuance of its industrial deve-
lopment revenue bond, in an amount estimated at .$4,500,000.00, was
before Council.
(For full text, see documentation on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(~28284) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Orris, Inc. to the extent required by Section 103(k) of
the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 697.)
ACTION: /,Ir. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................. 7.
NAYS: None ..........................
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist FiberCom, Inc., in
financing the rehabilitation of and providing of additional equipment
at its fiber optics manufacturing facility in the City, by issuance of
its industrial development revenue bond, in an amount estimated at
$900,000.00, was before Council.
(For full text, see documentation on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28285) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of FiberCom, Inc. to the extent required by Section 103(k)
of the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 697.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ............
Oe
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Save-X, U.S.A., Inc.,
in amending the Authority's outstanding $450,000.00 Industrial Develop-
ment Revenue Note, issued August 5, 1981, to finance the cost of a
multi-pump fuel dispensing station and convenience food store facility
with related computer and modem in the City, was before Council.
(For full text, see documentation on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28286) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Save-X, U.S.A., Inc. to the extent required by Section
103(k) of the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 698.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None .............
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Advance Stores
Company, Incorporated, in financing the acquisition, construction and
equipping of an approximately 150,000 to 175,000 square foot warehouse
and distribution center with related materials handling and other
equipment in the City, by issuance of its industrial development reve-
nue bond, in an amount estimated at $5,000,000.00, was before Council.
(For full text, see documentation on file in the City Clerk's Office.)
558
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#28287) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Advance Stores Company, Incorporated (or its designee,
who will lease to Advance Stores Company, Incorporated) to the extent
required by Section 103(k) of the Internal Revenue Code of 1954, as
amended.
(For full text of Resolution, see Resolution Book No. 49, page 699.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- 7.
NAYS: None- O.
INDUSTRIES: A communication from Mr. Robert E. Glenn, Attorney,
representing the Industrial Development Authority, advising that on
July 14, 1986, the Governor issued a revised Executive Order under
which all unused local allocations will revert to the State Reserve if
not used by August 29, 1986; and closings have been delayed because
banks and other purchasers of bonds have been faced with decisions
regarding the desirability of purchasing such bonds caused by pending
federal income tax legislation, was before Council.
Mr. Glenn explained that it now appears that the CSS Project for
renovation of the Miller & Rhoads Building which has a local allocation
of $4,495,000.00 and a State Reserve Allocation of $505,000.00 may not
be able to close before the allocations expire; that the same is true
with the Center Properties Project which has a $950,000.00 State
Reserve Allocation; that in order to provide some protection for these
projects, a revised measure is submitted for Council's consideration
which would permit these projects to be included in the August 15
request for a State Reserve Allocation to replace allocations which
would be lost at the end of this month; that th~s procedure has been
approved by the State, and, in the event the projects are closed during
August, the State would delete them from the request.
In closing, Mr. Glenn advised that ~t was only at the end of last
week that the State s~gnified their approval of this procedure, there-
fore, they were unable to take th~s action when their requests were
submitted for the City Council agenda; noting that this procedure is
irregular, but it ~s desirable to protect allocations for projects
which are important to the C}ty of Roanoke.
(For full text, see communication on file ~n the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28288) A RESOLUTION pursuant to Executive Order No. 54(85)
issued by the Governor of the Commonwealth of Virginia, January 23,
1985 and revised July 14, 1986, authorizing application by the City of
Roanoke, Virginia, for additional bond issuing authority from the
"State Reserve" as that term is defined ~n the Executive Order.
(For full text of Resolution, see Resolution Book No. 49, page 700.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... 7.
NAYS: None ..............
O.
INDUSTRIES: The City Manager submitted a written report recom-
mending that the State Reserve be requested to fund projects for
Advance Stores Company, Inco, Orvis, Inc., and FiberCom, Inc.; and that
the request of Save-X, Inc. and Colonial American National Bank to
amend the terms of the Note issued on August 5, 1981, be approved.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CAPITAL IMPROVEMENTS PROGRAM: The City Manager presented the
Five-Year Capital Improvement Program for the City of Roanoke, advising
that the program, subject to revision and confirmation annually, has
been divided into two major categories:
Capital Fund Projects
$48,621,956.00
Enterprise Funds Projects
25,369,000.00
$73,990,956.00
The City Manager recommended that Council:
Continue implementation of existing, approved and
fully-funded projects totaling in excess
$31,000,000.00 as originally scheduled.
Monitor the financial conditions of the General
Fund operating revenues and expenditures to deter-
mine the impact of the Federal/State legislation
and variances in local revenue receipts as they
occur.
Plan for a bond referendum in November, 1987, to be
acted upon by City Council in August, 1987, in an
amount to be determined at that time based upon the
updated capital improvement program needs and
financial capacity at that date.
Plan for a bond sale on or after July, 1988, if
financial climate is advantageous.
It was explained that the above recommendations are based upon a
recognition of the need to provide for additional funding for con-
tinuation of the construction of the Williamson Road Storm Drainage
program, expansion of the Regional Airport Terminal Building, and
completion of the Sports Complex; and changes in project funding pri-
orities have occurred and the following projects have become funding
priorities because of their relationship to public safety/welfare and
economic development: reconstruction of the box culvert at Washington
Park, the Lick Run Dry Basin, site development of the Roanoke Center
for Industry and Technology and the West County regional water supply.
It was further explained that it is important to recognize that
not all of the assumptions made in August 1984 have materialized, such
as: the annual six per cent growth rate in general revenues, the
significant impact of Valley View Mall on sales tax receipts, the use
of new revenue sources to expand or establish new programs, and General
Revenue Sharing, used for police and fire salaries totaling $2.6
million, has been eliminated from the General Fund as a source of reve-
nue.
Mr. Herbert pointed out that he is not recommending that the City
retreat from its plans, but he is recommending that the City maintain a
ready position so that its continued history of fiscal responsibility
and self-determination is obvious to the financial world as well as to
the citizens; that the City has embarked on a controlled process of
growth and stability, it is in an excellent position to continue what
has begun and to plan for what is needed in an orderly fashion; that by
rescheduling the expansion of the City's bond debt by one year, we can
559
560
ACTION:
ACTION:
remain in control regardless of the economic situation that emerges and
we will have demonstrated our right to be recognized by our citizens
and the financial community as responsible stewards in the field of
local government.
(For full text, see Five Year Capital Improvement Program on file in
the City Clerk's Office.)
Mr. Trout moved that Council concur in the City Manager's four
recommendations. The motion was seconded by Mr. Garland and unani-
mously adopted.
ITEMS RECOMMENDED FOR ACTION:
INDUSTRIES: The City Manager having previously placed reports on
the agenda with regard to the sale of certain land at the Roanoke
Centre for Industry and Technology to Orvis, Inc., or a related company
specifically formed to do business in Virginia; and a report with
regard to continuation of a roadway system at the Roanoke Centre for
Industry and Technology, the City Manager orally requested that the
reports be withdrawn from the agenda.
Mr. Harvey moved that Council concur in the request of the City
Manager to withdraw the items from the agenda. The motion was seconded
by Mr. Trout and unanimously adopted.
At 8:05 p.m., the Mayor declared the meeting in recess.
At 8:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
INDUSTRIES-PARKING GARAGES: The City Manager submitted a written
report advising that CSS Partnership is investing $5,000,000.00 in
purchase and renovation of the former Miller and Rhoads building at
Campbell Avenue and First Street, S. W.; that Council has approved a
local allocation of Industrial Development Bonds, in the amount of
$4,495,000.00 for the CSS Partnership project; and CSS Partnership has
requested that the City of Roanoke and GRTC assist in making available
up to 100 parking permits in the ~nicipal Parking Garage on Campbell
Avenue, S. W., and in the Campbell Court Parking Garage on Campbell
Avenue, S. W., between Jefferson Street and First Street for a period
of five years.
It was explained that CSS Partnership would pay the City, during
the five year period, a monthly fee equal to 40% of the then market
value of their permits for each parking permit not actually being used;
that should certificates of occupancy for the renovated building be
issued for less than the entire building, CSS Partnership will pay at a
rate based on a "prorated" formula; and at the time certificates of
occupancy have been issued for 50% or more of the building, CSS
Partnership shall pay the 40% for each parking permit not actually
being used pursuant to the agreement; and a legally binding contract
which meets the approval of CSS Partnership, the City Administration
and GRTC has been developed.
The City Manager recommended that Council authorize him to execute
the contract between the City of Roanoke, GRTC and CSS Partnership.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28289) AN ORDINANCE authorizing execution of an Agreement among
the City, Greater Roanoke Transit Company (GRTC) and CSS Partnership
(CSS) by which GRTC and the City will make available to CSS, upon cer-
tain terms and conditions, up to 100 permits for unreserved parking
spaces for five years in the Campbell Court Parking Garage and the
Municipal Parking Garage sufficient to accommodate the expected demand
for parking to be generated by the renovation of the former Miller &
Rhoads Building, ffnich is to be undertaken by CSS; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 701.)
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................
NAYS: None ..... O.
BUDGET-SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: The
City Manager submitted a written report advising that the November 4,
1985, flood caused severe flooding along Lick Run east of Tenth Street,
N. W.; that all properties on both sides of Shadeland Avenue, N. W.,
which parallel Lick Run, and properties between the end of the street
and Washington Park were affected by high water; that Washington Park
Box Culvert, located downstream of the Shadeland Avenue area, is 1,500
feet in length and in some places is buried under 60 feet of garbage;
and this culvert could not, nor could most well designed culverts, pass
the amount of water runoff that was experienced during the flood of
November, 1985.
It was explained that the Washington Park Box Culvert cannot eco-
nomically be expected to pass more than a ten year flood; that no larger
increase in capacity is economically feasible; that a 100 Year Flood
can be retained above the box culvert; that the box culvert will be
utilized to convey normal stream flow in conjunction with a dry basin
immediately up stream from it having the capability of retaining in
conjunction with other retention facilities further upstream, a 100
Year Flood; that a dry basin of the size needed to retain the 100 Year
Flood will require the acquisition of all properties (approximately
thirty to forty properties), or portions of properties between Washing-
ton Park, loth Street, N. W., Lick Run and the rear property line of
all properties on the northerly side of Shadeland Avenue, N. W., and
this includes every property facing on Shadeland Avenue.
It was further explained that initial acquisition of properties is
of those on Shadeland Avenue, N. W., containing residential structures;
that this phase involves 24 properties; that the total fair market
value of these properties, established by an independent appraiser, is
$510,350.00; that the cost of the appraisals was $10,/60.00; that demo-
lition of the structures involved in this phase is estimated to
$60,000.00; that the second property acquisition phase involves all
other properties, or portions of properties, needed to provide the land
area necessary for the dry basin; that these properties are estimated
to cost approximately $50,000.00; that additional appraisal costs
should be approximately $5,000.00 and demolition costs should be
approximately $5,000.00; and after plans are finalized and the precise
needs of the City can be identified, Council will be requested to
authorize these additional acquisitions.
The City Manager recommended that Council authorize the acquisi-
tion of 24 parcels between the westerly boundary of Washington Park and
loth Street, N. W.; and authorize the transfer of $641,110.00 from
Account No. 008-052-9575-9179, Williamson Road Storm Drains, to an
account to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28290) AN ORDINANCE to amend and reordain certain sections of
the-1986-8? Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 702.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Masser,
Trout and Mayor Taylor- .7.
NAYS: None ......... O.
Mrs. Bowles offered the following emergency Ordinance:
ACTION:
(#28291) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Lick Run Dry
Basin; authorizing the City Manager to establish to a certain limit the
consideration to be offered by the City for each parcel; providing for
the City's acquisition of such real estate by condemnation, under cer-
tain circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of commencing
the project; directing the mailing of this ordinance to the property
a~m~rs; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 703.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by ~. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
BUDGET-JUVENILE DETENTION HOMES: The City Manager submitted a
written report advising that the City of Roanoke previously received
funds on a reimbursement basis from the United States Department of
Agriculture (USDA), through the Virginia Department of Corrections, to
purchase food service equipment for the Crisis Intervention Center
(Sanctuary), Juvenile Probation House (Youth Haven), and Juvenile
Detention Home; and USDA funds for fiscal year 1985-86 have been
received by the City of Roanoke for the facilities, as follows:
Crisis Intervention Center -
$ 1,289.00
Juvenile Probation House
921.00
Juvenile Detention Home
2,597.00
TOTAL - $ 4,807.00
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, as follows:
Crisis Intervention Center - Revenue Account No.
001-020-1234-0655
$1,289.00 to Account Appropriation No. 001-054-
3360-2035
Juvenile Probation House - Revenue Account No.
001-020-1234-0653
$921.00 to Account Appropriation No. 001-054-3350-
2035
Juvenile Detention Home - Revenue Account No.
001-020-1234-0654
$2,597.00 to Account Appropriation No. 001-054-
3320-2035
Total Revenue and Appropriations
$4,807.00
(For full text, see report on file in the City Clerk's Office.)
563
Mr. Harvey offered the following emergency budget Ordinance:
(#28292) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Genera! Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 704.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. t.~sser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................... 7.
NAYS: None-- O.
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, with regard to a staff report and a presentation by
Hayes, Seay, Mattern and Mattern to the committee at its meeting on
Monday, July 28, 1986, relating to design of a proposed West County Raw
Water Facility, referred to as Spring Hollow Reservoir.
The committee recommended that Council concur with the staff
recommendation that Council notify Roanoke County and the City of
Salem, in the form of a resolution or other suitable statement, of the
City of Roanoke's intention to participate with those two localities in
the development of the West County water supply by paying 13.34 per
cent of the cost of construction and construction related costs, in
return for 13.34 per cent of the project capacity, and subject to the
final terms and conditions of an intergovernmental agreement for the
project. It was noted that the scope and participation has been
outlined in the staff report, and the final terms and conditions of a
proposed multi-jurisdictional contractual agreement is subject to the
approval of Council.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28293) A RESOLUTION expressing the City of Roanoke's desire to
participate in the Spring Hollow Regional Water Supply Facility, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No, 49, page 704.)
ACTION: Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- .7.
NAYS: None ..................................................... O.
I
PARKING GARAGE: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommending that Council authorize the assignment of
the Magna Photo, Inc., lease to Roanoke Photo Associates in the Market
Square Parking Garage.
A staff report explained that Council, pursuant to Ordinance No.
26870, adopted on February 6, 1984, authorized appropriate City offi-
cials to enter into a five year lease of a 1,000 square foot space in
the Market Square Parking Garage to Magna Photo, Inc., and an amendment
to the lease, involving increased credit for improvements provided by
Magna Photo was authorized by Council, pursuant to Ordinance No. 27102.
It was noted that ~gna Photo, Inc., has requested that their
lease of space be assigned to Roanoke Photo Associates, a Virginia
General Partnership; and Hall Associates, Inc., rental agents for the
space, have indicated that they have no problem with the assignment of
the lease.
(For full text, see report on file in the City Clerk's Office.)
564
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28294) AN ORDINANCE approving and authorizing the execution of
an assignment of the lease of a 1000 square foot space in the ~rket
Square Parking Garage.
(For full text of Ordinance, see Ordinance Book No. 49, page 715.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Ilarvey, Musser,
Trout and Mayor' Taylor ....... 7.
NAYS: None ...........
O®
SALE/PURCHASE OF PROPERTY: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, recommending that Council authorize the
transfer of title to a surplus parcel of land, by gift, to the Town of
Vinton as set forth in detail in a staff report.
A staff report explained that the City acquired properties along
the easterly corporation line, between Tinker Creek and the N & W
Railway line adjacent to Fallon Park, from Virginia Holding Corporation
on June 8, 1970, and the property was used as a landfill area prior to
opening of the Regional Landfill; that a small portion of the property
that was acquired extended across Tinker Creek into the Town of Vinton;
that this area is located between Wise Avenue, S. E., low water bridge
over Tinker Creek and the southerly line of Booker Street in Vinton and
contains 0.41 acre.
It was noted that Vinton Alternator and Starter, Inc., 1103 Walnut
Avenue, Vinton, Virginia, whose business is out of sight of traffic on
Walnut Avenue and Wise Avenue due to its location behind the Southern
States Cooperative plant, has requested the City's permission to erect
a sign on the property directing customers to their business; and this
would involve obtaining Council's permission to erect the sign, then
obtaining the Town of Vinton's permission.
It was pointed out that the parcel is located in the floodway of
Tinker Creek; that ground level is at least four feet below the bottom
of the pedestrian bridge along Wise Avenue, S. E., that was knocked
down by the November 1985 flood; that Plantation Pipeline petroleum
pipeline (to Exxon Terminal on Hollins Road, N. E.) crosses it; that it
has little utility to the City of Roanoke; that it will require main-
tenance and has potential for liability problems; that the Town of
Vinton has agreed to accept donation of the parcel; that this would
provide the Town with an opportunity to clean up and maintain one of
the entrances to the Town; and the Town would also control the use of
the property as to the placement of signs, etc.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28295) AN ORDINANCE providing for the gift to the Town of
Vinton of a surplus parcel owned by the City and situated in Vinton,
being a 0.41 acre portion of Official Tax No. 4310401.
(For full text of Ordinance, see Ordinance Book No. 49, page 715.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None ........... O.
565
ACTION:
ACTION:
BUDGET-SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: Council
member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the committee, with regard to
land acquisition on Dogwood Lane, S, W., recommending that Council take
the following action:
Acquire Lot 4, Subdivision from Tommy Joe & Kathy
Ann Williams for $8,500,00 in accordance with a
staff report;
'Transfer $8,500.00 land price plus $500.00 miscel-
laneous legal costs for a total of $9,000.00 from
Miscellaneous Construction Projects, Sewer Fund, to
an account to be established by the Director of
Finance designated Land Acquisition, Dogwood Lane;
and
Authorize the City Attorney to prepare the legal
document to complete transfer title of the lot to
the City.
A staff report explained that the sewage pumping station on Dog-
wood Lane, S. W., was acquired by the City through the 1967 annexation;
that the pumps occasionally stop up resulting in short-term sewage
overflows onto adjacent property on the south side of Dogwood Lane; and
Mr. and Mrs. Williams subdivided a 4.3109 acre tract on the south side
of Dogwood Lane into four residential lots on May 30, 1985.
It was further explained that a sewage pumping station is located
in the front of Lot 4 and infrequent overflows caused by pump control
malfunction are onto and across portions of that lot; that Mr, and Mrs.
Williams have reservations about selling Lot 4 for residential use v/hen
it has the potential for exposing future residents to raw sewage over-
flows; that Lot 4, containing 1.0833 acres, has been offered for sale
to the City by Mr. and Mrs. Williams for $8,500.00; and the City needs
additional land area at the location to construct an overflow septic
tank and drain field.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28296) AN ORDIIt~NCE to amend and reordain certain sections of
the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 705.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor-
NAYS: None-
Mrs. Bowles offered the following emergency Ordinance:
(#28297) AN ORDINANCE providing for the City's acquisition of
certain property on Dogwood Lane, S. W., bearing Official Tax No.
1390216, in the City of Roanoke, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 705.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- . ....... 7.
NAYS: None-- - ....... O.
566
ACTION:
SALE/PURCHASE OF PROPERTY: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, with regard to surplus City-owned property
in the 600 block of Montrose Avenue, S. E., Official Tax No. 4140801,
reco~ending that Council authorize the appropriate City officials to
execute a special warranty deed transferring ownership of a part of Lot
9, Block 3, Bolling Addition, to Mr. and Mrs. Dan T. Read for $100.00,
with all legal documentation to be prepared by the purchaser, in a form
approved by the City Attorney, noting that the Reads intend to combine
the surplus parcel with their property upon purchase.
It was explained in a staff report that the parcel is a part of
Bolling Addition which was subdivided about 1923; that that subdivision
also dedicated the 6 1/2 Street, S. E., right-of-way adjacent to the
subject parcel; that 6 1/2 Street has never been opened; that applica-
tion to close 6 1/2 Street has been filed with the City Clerk by Mr.
and Mrs. Read, and their home is adjacent to the opposite side of 6 1/2
Street from the surplus city-owned parcel.
It was noted that Mr. and Mrs. Read made written offer to the City
of $100.00 for the surplus parcel on May 7, 1986; that the value of the
lot for tax purposes established by the Office of Real Estate Valuation
is $500.00; that the policy of the Water Resources Committee has been
to give other neighbors adjoining such unbuildable parcels the oppor-
tunity to make an offer; that on May 16, 1986, the City notified the
Reads and the only other adjoining property owner, Mrs. Della H. Hill,
that the City was interested in receiving offers and the only response
was from the Reads who reiterated their previous offer of $100.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28298) AN O~.DINANCE providing for the sale and conveyance of a
parcel of land owned by the City and located on Montrose Avenue, S. E.,
bearing Official Tax No. 4140801.
(For full text of Ordinance, see Ordinance Book No. 49, page 716.)
llle motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, t~sser,
Trout and Mayor Taylor ........ 7.
NAYS: None ............
SPECIAL PERMITS-STREETS AND ALLEYS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, with regard to encroachment in the
alley right-of-way at 514 Woods Avenue, S. W., recommending that Coun-
cil authorize a conditional permit to be issued for the continued
existence of a fence encroaching into the alley behind 514 Woods Ave-
nue, S. W.
It was explained in a staff report that the Zoning Inspector,
responding to a citizen's complaint, discovered that residents at 514
Woods Avenue had erected a wooden fence, approximately six feet high of
stockade type, within the right-of-way of the alley behind the proper-
ty; that the Zoning Inspector advised the resident to either remove the
fence or obtain a permit from City Council; that residents at 514 Woods
Avenue have requested, in writing, that they be given a permit to leave
the fence in place; that the fence is generally about two feet into the
alley right-of-way; that in one place the fence is displaced around a
tree stump in the alley and is, thus, about one foot into the alley at
that point and the fence is not an impediment to traffic in the alley.
(For full text, see report on file in the City Clerk's Office.)
567
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28299) AN ORDINANCE permitting a certain encroachment over and
into an alley right-of-way located behind 514 Woods Avenue, S. W.,
Official Tax No. 1140205, for an existing wooden fence, upon certain
terms and conditions.
i
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 716.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None .........
'-0.
SPECIAL PERMITS-STREETS AND ALLEYS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, with regard to encroachment in
street right-of-way at 502 Woods Avenue, S. W., recommending that
Council authorize a conditional permit to be issued for the continued
existence of a fence encroaching into the right-of-way of Fifth Street,
S. W., beside 502 Woods Avenue.
It was explained in a staff report that the Zoning Inspector,
responding to a citizen's complaint, discovered that the resident at
502 Woods Avenue, S. W., had begun the erection of a wooden privacy
fence approximately ten feet high, of stockade type, within the right-
of-way of Fifth Street, S. W.; and the Zoning Inspector advised the
resident to either remove the portion of the fence already installed or
obtain a permit from City Council.
It was noted that the residents have requested, in writing, that
they be given a permit to leave the fence in place; that the fence
(posts and framework only) is located about one inch behind the
sidewalk; that eight four inch by four inch posts are in place, set in
concrete, approximately twelve feet apart; that the City right-of-way
behind the sidewalk is approximately eighteen inches wide; that this
places the posts approximately seventeen inches into the right-of-way
of the street; and the fence is intended to screen the back porch and
yard from the public and is not a hazard to traffic.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28300) AN ORDINANCE permitting a certain encroachment over and
into the right-of-way of Fifth Street, S. W., for an existing wooden
fence located adjacent to 502 Woods Avenue, S. W., Official Tax No.
1140208, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 717.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... --7.
NAYS: None ........
BUDGET-BRIDGES: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for rehabi-
litation of Fifth Street Bridge over N & W Railway, presented a written
report on behalf of the committee, recommending that Council award a
contract to H & S Construction Company, in the amount of $78,080.00;
establish a contingency, in the amount of $8,000.00; transfer
$43,040.00 (includes base bid plus contingency) from the Public
Improvement Bond - Series 1985 - Streets and Bridges Account No. 008-
052-9577-9181 into an account to be designated by the Director of
Finance; appropriate an additional $43,040.00 to the project account
and establish a receivable account for reimbursement of this amount
from N & W Railway; and that all other bids be rejected.
568
A report of the City Manager advising that Council at its meeting
on April 28, 1986, requested the Virginia Department of Highways and
Transportation to program a project for the replacement of the bridge;
that this request is separate from and not a conflict with this current
project, as it will likely be several years before a replacement pro-
ject could be scheduled; and recommending that Council concur in the
recommendations of the Bid Committee, was also before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28301) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 706.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... -6.
NAYS: None ..................
(Council member Trout abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#28302) AN ORDINANCE accepting the bid of H & S Construction
Company for construction of Fifth Street Bridge improvements, upon cer-
tain terms and conditions, and awarding a contract therefor; authoriz-
ing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 707.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ........ 6.
NAYS: None ........
(Council member Trout abstained from voting.)
BUDGET-BRIDGES: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for replace-
ment of Mason Mill Road Bridge over Tinker Creek, presented a written
report on behalf of the committee, recommending that Council award the
contract to Allegheny Construction Company, Inc., in the amount of
$486,653.00; establish a contingency, in the amount of $40,000.00;
transfer $261,575.00 (City funds) from the Public Improvement Bond -
Series 1985 - Streets and Bridges Account No. 008-052-9577-9181 into an
account to be designated by the Director of Finance; authorize the
Director of Finance to establish an accounts receivable, in the amount
of $265,078.00 (Federal funds), and appropriate this amount into an
account to be established by the Director of Finance; and reject all
other bids received.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28303) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 707.)
ACTION:
Mr. Garland moved tile adoption of the Ordinance.
seconded by Mr. Harvey and adopted by the following vote:
The motion was
569
AYES: Council members Bowers, Bowles, Garland, Harvey, Russet,
Trout and Mayor Taylor ....... 7.
NAYS: None ............
.0.
Mr. Garland offered the following emergency Ordinance:
(#28304) AN ORDINANCE accepting the bid of Allegheny Construction
Company, Inc. for construction of Mason Mill Road Bridge replacement,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 708.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the followin9 vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... 7.
NAYS: None .............
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bi ds
received for Franklin Road water line, presented a written report on
behalf of the con~nittee, recommendin9 that Council award a unit price
contract to Dixon Contracting, Inc., in the amount of $140,671.00, tn a
form acceptable to the City Attorney; that all other bids be rejected;
and that Council authorize the Director of Finance to transfer the
following amounts from the following existing accounts:
Franklin Road Tank Loop
Account No. 002-056-8342-9060
Grandin Court/Hollins Tank
Account No. 002-056-8338-9060
$110,000.00
40,000.00
Grandin Road Tank
(Construction complete)
Account No. 002-056-8327-9060
4,671.00
Tot al $154,671. O0
to Project No. 85-13A Franklin Road Water Line, with
an Account Number to be established by the Director
of Finance. ($140,671.00 contract amount and
$14,000.00 contingency.)
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28305) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 709.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
570
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ..................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#28306) AN ORDINANCE accepting the bid of Dixon Contracting,
Inc., for construction of the Franklin Road water line project, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 709.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ............
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for the Franklin Road booster pumping station, presented a
written report on behalf of the committee, recommending that Council
award a unit price contract to Structures and Utilities Company, Inc.,
in the amount of $169,559.00, in a form acceptable to the City Attorney;
that all other bids be rejected; and that the Director of Finance be
authorized to transfer the listed amounts from the following existing
accounts:
Franklin Road Pump Station
Account No. 002-056-8341-9060
$174,000.00
Grandin Road Tank (Construction
conplete)
Account No. 002-056-8327-9060
11,559.00
TOTAL $185,559.00
to Project No. 85-12 Franklin Road Booster Pumping
Station with an Account Number to be established by
the Director of Finance. {$169,559.00 contract
amount and $16,000.00 contingency).
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28307) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 710.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None .............. O.
m
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28308) AN ORDINANCE accepting the bid of Structures and
Utilities Co., ]nc., for construction of tile Franklin Road Booster
Pumping Station, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 710.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None .......
-0.
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Franklin Road water tank #1, presented a written report on
behalf of the committee, recommending that Council award a unit price
contract to Fisher Tank Company, in the amount of $226,/00.00, in a
form acceptable to the City Attorney; that all other bids be rejected;
and that Council authorize the Director of Finance to transfer the
listed amounts from the following existing accounts:
Franklin Road Water Tank
Account No. 002-056-8350-9060
$200,000.00
Franklin Road Tank Land
Account No. 002-056-8343-9060
35,000.00
Grandin Road Tank
(Construction complete)
Account No. 002-056-832?-9060
Franklin Road Tank Land
Account No. 002-056-8343-9060
(Purchase New Tank Site)
13,700. O0
10,000.00
$258,700.00
TOTAL
to Project No. 85-13 Franklin Road Water Tank
($226,700.00 contract amount, $22,000.00 contingen-
cy, and $10,000.00 for purchase of Tank Site.)
It was further recommended that the expenditure of $10,000.00 be
approved {$5,000.00 of which w)ll be reimbursed from Colony Properties,
the developer of adjacent property) for acquisition of a .6316 acre
parcel of land from Rockydale Quarries for the tank site.
A report of the City ~nager recommending that Council concur in
the recommendations of the Bid Committee, was also before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
{#28309) AN ORDINANCE to amend and reordain certain sections of
the !986-87 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 711.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ........ O.
571
572
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28310) AN ORDINANCE accepting the bid of Fisher Tank Company
for construction of the Franklin Road Water Tank, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 712.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ........ -0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
LICENSES-TAXES: Ordinance No. 28259 amending and reordaining
paragraph (al of §19-45, License tax categories and rates, Code of the
City of Roanoke (19/9), as amended, to divide the retail sales license
tax category into two subcategories consisting of mail order distribu-
tion centers and all other retail sales; establishing rates for each
subcategory; and providing for an effective date of January 1, 1987,
having previously been before the Council for its first reading on
Monday, July 28, 1986, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28259) AN ORDINANCE amending and reordaining paragraph (al of
§19-45, License tax categories and rates, Code of the City of Roanoke
{1979), as amended, to divide the retail sales license tax category
into two subcategories consisting of mail order distribution centers
and all other retail sales; establishing rates for each subcategory;
and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 695.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... ---7.
NAYS: None .......
Ot
COUNCIL: Council member Harvey offered the following Resolution
postponing the meeting of the Council of the City of Roanoke scheduled
for Monday, September 22, 1986, at 2:00 p.m., to Thursday,
September 25, 1986, at 2:00 p.m.:
(#28311) A RESOLUTION postponing the meeting of the Council of
the City of Roanoke scheduled for Monday, September 22, 1986, at
2:00 p.m., to Thursday, September 25, 1986, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 49, page 712.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... ---7.
NAYS: None ....... O.
573
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEI~ERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 9:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ECONOMIC DEVELOPMENT COMMISSION: Pursuant to Ordinance No. 28232
adopted by the Council on Monday, June 26, 1986, Council was authorized
to appoint an Economic Development Commission consisting of thirteen
members, with the City Manager, the City's Chief of Economic Develop-
ment and one member of Council serving three year terms, ten of the
appointed members serving staggered terms, with four initially
appointed for three year terms, three initially appointed for two year
terms and three initially appointed for one year terms, with all sub-
sequent terms for three years each, the matter was before the body.
Mr. Garland placed the following names in nomination:
ACTION:
Mayor Noel C. Taylor - 3 years
James O. Trout - 3 years
W. Robert Herbert - 3years
Brian J. Wishneff - 3years
Beverly T. Fitzpatrick, Jr. - 3years
Stanley R. Hale - 3years
Carlton R. Saul - 3years
L. Graham Haynie - 2 years
Jack C. Smith - 2years
William F. Hawkins - 2years
Robert C. Lawson, Jr. - 1year
Robert D. Obey - I year
Jane B. Bulbin - 1year
There being no further nominations, Mayor Taylor and Messrs.
Trout, Herbert, Wishneff, Fitzpatrick, Hale, and Saul were elected for
terms of three years each ending August 10, 1989; I~ssrs. Haynie,
Smith, and Hawkins were elected for terms of two years each ending
August 10, 1988, and Messrs. Lawson and Obey and Ms. Bulbin were
elected for terms of one year each ending August 10, 1987, as members
of the Economic Development Commission, by the following vote:
FOR MESSRS. TAYLOR, TROUT, HERBERT, WISHNEFF, FITZPATRICK, HALE,
SAUL, HAYNIE, SMITH, HAWKINS, LAWSON, OBEY AND MS. BULBIN: Council
members Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor
Taylor ........ ----7.
Pursuant to provisions of Ordinance No. 28232, the Mayor desig-
nated Council member James O. Trout as Chairman of the Economic
Development Commission.
ACTION:
Inasmuch as Mr. Saul is not a resident of the City of Roanoke, i~.
Musser moved that the City residency requirement be waived in this
instance. The motion was seconded by Mr. Harvey and unanimously
adopted.
There being no further business, the Mayor declared the meeting
adjourned at 9:50 p.m.
APPROVED
ATTEST:
City Clerk
574
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 25, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 25, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ......... 7.
ABSENT: None ............... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. William X Parsons, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Or. Joe R. Bryant, Pastor,
Riverdale Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
STATE OF THE CITY: The Mayor presented his 1986 State of the City
Address, recommending the following:
"1.
I recommend that we ask Mr. James D. Ritchie and the staff of
the Human Resources Department to make a special study of the
ways we can make a difference in the lives of the homeless.
Long term solutions including permanent housing, more jobs
and adequate social services will be a long time coming, but
we must try to save lives.
I trust it may not be deemed inappropriate to the occasion
for me to speak for a moment on the memory of one of our
great governors who departed this life on July 30, 1986, in
the tranquil hope of a blessed immortality. Governor John N.
Dalton's life had been eminently useful and he departed
amidst the benedictions of thousands of Virginians. He per-
sonified the high ideals which make men great. ! recommend
that we name the first Commonwealth of Virginia Building, The
Dalton Building in his honor.
I recommend that we invite the Virginia Municipal League to
meet in the City of Roanoke for its annual session in 1991.
®
As a gesture of gratitude and appreciation for the great work
and the special efforts of Roanoke City Personnel during the
flood recovery period, I recommend that we designate Friday,
December 26, a Christmas holiday. Special consideration
should be given to firemen and others who must work on the
26th of December.
Be
! respectfully request that City Council provide some admini-
strative assistance for the Mayor's Office. It is impossible
to return all the phone calls, answer communications, meet
with persons w~o are seeking help and assistance, attend com-
mittee meetings and perform all the regular functions of the
Mayor's Office successfully on a daily, basis. Working seven
days a week, as I have done for a number of years, I still
find that it is impossible to complete the task on a regular
basis. Favorable consideration of this request will be sin-
cerely appreciated.
i
I recommend that we labor very zealously to strengthen our
relationship with Virginia Tech. We work closely with our
local colleges and we need to work closely with our Univer-
sity. Just as we think in terms of the urban corridor that
extends down the coast of the United States of America, we
think in terms of the university corridor that extends bet-
ween Roanoke and Blacksburg. We wish to extend hands across
the Valley to strengthen the bonds between us.
We want to increase the continuity, the coordinated efforts,
the cohesive recognition values, the partnership ... with the
City contributing to the University in our support and our
development of the University's strengths just as the Univer-
sity contributes to the City's support of cultural and econo-
mic growth, development and strengths.
This in no way detracts from our association, our admiration,
our support and our wholesome relationships with Virginia
Western Community College, and with our two liberal arts
colleges: Hollins and Roanoke College. They contribute much
to our community and we contribute much to them. But it's
time that we also become a University Community in the active
sense. To be separated by 37 miles from one's University is
not unusual. In fact, in major cities, the distance is often
as great. And the University provides ongoing graduate sti-
muli to the citizens as well as professional partnerships and
opportunities.
The affiliations between us are already numerous. They con-
tinue to grow as we develop our liaisons, among volunteers,
among organizations, among businesses, among industries. We
have a mutual understanding of what partnership is ... and it
is not one-sided. There are many active promotions; many
potential ones as well:
The River Foundation will be greatly enhanced and served
by the Virginia Tech Veterinary Hospital. The Founda-
tion will provide an opportunity for veterinary students
to gain experience by working with diseases of wildlife
and there will be an opportunity for training in this
area for the next generation.
Virginia Tech's radio station WVTF is already located in
Roanoke. Roanokers support this station both actively
and passively in its efforts to provide alternative
listening options.
Our newly employed full time symphony director can pro-
vide playing opportunities for Virginia Tech personnel
as well as musicology training through youth symphony
for the children of University staff while University
musicians enrich our symphony. The possibility of shar-
ing in this field of endeavor, both in Blacksburg and in
Roanoke, through scheduling adjacent concerts, etc.,
will further enrich all our lives.
Our unique Center in the Square cultural organizations
can also provide for the exchange of programs and the
sharing of efforts to compliment each other.
0
And the Hokies? They are Roanoke's Hokies as well as
Virginia Tech's. We want to help with local promotions
of the fine athletic teams Virginia Tech brings to
Western Vi tgi ni a.
Roanoke has need to expand its facilities for graduate
education, We hope Virginia Tech will endorse the
possibility of bringing our Jefferson High School to
life again as a Center for Graduate programs."
575
576
ACTION:
ACTION:
ACTION:
At this point, 2:45 p.m., the Mayor relinquished the Chair to the
Vice-Mayor.
Mr. Garland moved that Recommendations Nos. 1, 3, 4 and 6 be
referred to the City Manager; that Recommendation No. 2 be referred to
the City Manager or the City Planning Commission, whichever is appro-
priate; and that Council concur in Recommendation No. 5, with the
understanding that the Mayor may interview and employ administrative
assistance as he deems necessary. The motion was seconded by Mr. Trout
and unanimously adopted.
At this point, 2:50 p.m., the Vice-Mayor relinquished the Chair to
the Mayor.
CITY GOVERNMENT: The Mayor advised that earlier in the day Ms.
Nina C. Bolden, representing the Kisumu Sister City Committee, asked
that her request to make a presentation to Council be withdrawn from
the agenda; whereupon, on motion of Mr. Trout, seconded by Mr. Garland,
and unanimously adopted, Council concurred in the request.
BUSES-PARKING GARAGE-INTERMODAL TRANSPORTATION CENTER: The Mayor
advised that the following report with regard to a parking permit
agreement with CSS Partnership is not included on the written agenda;
however, due to certain time constraints, there is a need for Council
to take appropriate action; whereupon the City Manager presented a
written report advising that Council approved a parking permit agree-
ment with CSS Partnership (developers of the former Miller and Rhoads
Building) to provide up to 100 spaces in a combination of Campbell
Court and Church Avenue parking garages; that CSS Partnership's lender,
Sovran Bank, and the permanent financing of renovation of the former
Miller and Rhoads Building is requiring that the parking permit agree-
ment be assignable to the bank.
The City Manager recommended that Council authorize the assignment
of the parking permit agreement with CSS Partnership to Sovran Bank,
N. A.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28312) AN ORDINANCE authorizing the execution of an Assignment
of the Agreement dated August 25, 1986, by and among the City, Greater
Roanoke Transit Company, and CSS Partnership, pertaining to the provi-
sion of up to 100 parking spaces in the Municipal Parking Garage and
the Campbell Court Parking Garage; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 719.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ........ .0.
PUBLIC HEARINGS:
BUDGET-REVENUE SHARING: The City Clerk having advertised a public
hearing for Monday, August 25, 1986, at 2:00 p.m., or as soon there-
after as the matter may be heard, for the purpose of amending the
1986-87 City budget with respect to unanticipated General Revenue
Sharing receipts, in the amount of $934,092.00, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times and World-News on
Thursday, August 14, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
The City Manager orally recon~nended that the General Revenue
Sharing funds be used for police and fire salaries.
No person wishing to address Council with regard to the matter,
Mr. Harvey offered the following ~nergency budget Ordinance:
(#28313) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 720.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None ........ -0.
577
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to his
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and noted that a request of the City Manager for
an Executive Session to discuss a prospective business or industry
where no previous announcement has been made, has been withdrawn.
MINUTES: Minutes of the regular meetings of Council held on
Monday, July 28, 1986, and Monday, August 11, 1986, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... 7.
NAYS: None
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Bowles, Garland,
Bowers and Mayor Taylor .........
Harvey, Musser, Trout,
NAYS: None ........ O.
578
ACTION:
ACTION:
COUNCIL: A communication from Council member David A. Bowers
advising that as he was reading the tabloid published by Roanoke County
in the Roanoke Times and Wor]d News, it occurred to him that the
localities do not have a regular exchange of agendas; that in an effort
to keep other localities informed of the official actions of the City
of Roanoke, he would like to suggest that the City Clerk's Office be
requested, on a regu]ar basis, to provide copies of the upcoming Coun-
cil agenda to members of the Roanoke County Board of Supervisors, the
Salem City Counci] and the Vinton Town Council; and he would also
request that Chairman Brittle, Mayor Hill and Mayor Taliaferro consider
having their C]erks provide the City of Roanoke with copies of their
regular agendas, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the suggestion. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None ........
-0.
COUNCIL-LEGISLATION: A communication from Council member David A.
Bowers advising that Governor Baliles is calling a special session of
the General Assembly in September to discuss the transportation needs
of the Commonwealth of Virginia; and this could be a most historic
session because of the importance the legislature might have in
designating funds for the new terminal at the airport or for highway
projects in the City, was before Council.
Mr. Bowers pointed out that prior to regular sessions of the
General Assembly, Council requests the City Manager, City Attorney and
Director of Finance to conduct a briefing for area legislators to out-
line Roanoke's needs; that since the City has a most critical need in
obtaining State funds for the new terminal, and several needed highway
construction projects, it is important that the City's administrators
convene a meeting between Council and the City's legislators to discuss
Roanoke's future transportation needs.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the suggestion and that the
communication be referred to the City Manager, City Attorney and
Director of Finance. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... .7.
NAYS: None ........
TRAFFIC: A report of the City Manager advising that a letter was
received from Robert W. Hooper, Executive Director, Downtown Roanoke,
Inc., requesting that the City provide on-street parking along South
Jefferson Street from Elm Avenue to Salem Avenue; that this request was
made by Downtown Roanoke, Inc., as the representative organization for
the downtown business community and is also an element of Design '85;
that on-street parking along Jefferson Street is being requested on a
limited basis, from 6:00 p.m., to 6:00 a.m., Monday through Saturday
and all day Sunday; and Downtown Roanoke strongly feels this would aid
businesses in that area which maintain or are contemplating evening
hours, was before Council.
It was explained that the Engineering Department has made a
detailed study of this request; that a total of 82 parking spaces can
be established along South Jefferson Street from Elm Avenue to Salem
Avenue by using the appropriate signs on 22 new poles, three existing
poles, and five relocated poles, and with the elimination of one pole;
that installation of a signing plan can be done by the City's Street
Maintenance Department by October 1, 1986, with funding from available
salary and operating accounts in the current budget; that parking would
be allowed during the requested time periods of 6:00 p.m. to 6:00 a.m.,
Monday through Saturday and all day Sunday, which would not impact
traffic flow and safety along South Jefferson Street; and City opera-
tions such as refuse collection and street cleaning along South Jeffer-
son Street will need to be slightly modified in conjunction with this
parking plan.
579
The City Manager explained that the report is submitted for
Council's information only and no action is required; that the City
Administration will proceed to implement signs and poles for 82 on-
street parking spaces along South Jefferson Street between Elm Avenue
and Salem Avenue on a trial basis, with the hours of operation being
6:00 p.m., to 6:00 a.m., Monday through Saturday and all day Sunday;
that on-site inspections will be made by the Engineering Department and
the Police Department on a periodic basis during this trial period to
determine parking usage, impact upon City operations, and impact upon
traffic operations, and a follow-up report will be made to Council in
six months.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None ........
-0.
PLANNING-INDUSTRIES: A report of the City Manager advising that
the currently adopted Thoroughfare Plan element of the Comprehensive
Plan contains two projects which conflict with proposed and developing
land uses in the Route 460 corridor; that Priority No. 2, the Route
115 - Route 460 Connector (sometimes known as the Hershberger Exten-
sion), and Priority No, 18, the Route 460 - Route 24 Connector, com-
prise the larger project often known as the Eastern Bypass, which would
circle the City to the east, connecting Hershberger at Hollins Road
with Route 24 at the southern end; and this bypass is currently
designed to pass directly through the Roanoke Centre for Industry and
Technology, was before Council.
It was explained that many projects proposed for the Roanoke
Centre for Industry and Technology and the surrounding area would be
required to seek a waiver of the setback requirements for this proposed
right-of-way if it is not officially deleted from the Comprehensive
Plan; and deletion of these projects from the Thoroughfare Plan will
not result in any additional costs to the City of Roanoke, and will be
temporary pending reconsideration and design of the proposed connec-
tors.
ACTION:
The City Manager advised that no action is required of Council at
this time; and the report is submitted in order to notify Council that
the Planning Commission has been requested to schedule public hearings
to consider amending the Thoroughfare Plan element of the Comprehensive
Plan for the abovementioned projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... 7.
NAYS: None ......... O.
YOUTH SERVICES CITIZEN BOARD: A com~nunication from Tracey K.
Parker tendering her resignation as a member of the Youth Services
Citizen Board, was before Council.
(For- full text, see communication on file in the City Clerk's Office.)
580
ACTION:
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... --7.
NAYS: None .........
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
HOUSING-INDUSTRIES: A communication from Mr. Alton L. Knighton,
Jr., Attorney, representing the Roanoke Redevelopment and Housing
Authority, requesting approval of a plan to assist the Young Men's
Christian Association of Roanoke, Virginia, in financing the construc-
tion of an athletic facility located in the 500 block of Church Avenue,
S. W., adjacent to the gymnasium for the former Jefferson High School,
by issuance of one or more of its revenue bonds or notes, in an amount
not to exceed $500,000.00, was before Council.
(For full text, see documentation on file in the City Clerk's Office.)
A report of the City Manager recommending that Council approve the
issuance of up to $500,000.00 in revenue bonds or notes, as requested
by the Housing Authority, for the benefit of the Young Men's Christian
Association of Roanoke, Virginia, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28314) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority for the benefit of Young
Men's Christian Association of Roanoke, Virginia as may be required by
the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 720.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland,
Bowers and Mayor Taylor ........
NAYS: None .......
Harvey, Musser, Trout,
Mr. Harvey moved that the report of the City Manager be received
and filed. The ~ tion was seconded by Mr. Musser and unanimously
adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6551 - $7,270.00 for Transitional Ser-
vices to provide funds for class
placements, mental health services
and follow-up studies of place-
ments to ensure a smooth tran-
sition for handicapped students
entering the school system. The
program is one hundred per cent
reimbursed by federal funds.
ACTION:
Grant No. 6552 - $150,000.00 for Special Education
to provide funds for the placement
of special education students at
the direction of the State Depart-
ment of Education. The program is
one hundred per cent reimbursed by
state funds.
Grant No. 6553 - $/,6/0.00 for Special Education
In-service to provide funds for
the training of special education
program staff members and for
assistance to parents of handicap-
ped students. The program is one
hundred per cent reimbursed by
state funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of grants for the School Board; that the
Transitional Services Grant, Special Education Grant, and Special
Education In-Service Grant are funded with 100 per cent federal or
state funds, and recommending that Council concur in the request of the
School Board, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28315) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 721.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ ---7.
NAYS: None ........
-0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SALE/PURCHASE OF PROPERTY-WATER DEPARTMENT: The City Manager sub-
mitted a written report advising that on Monday, August 11, 1986,
Council awarded a contract to Fisher Tank Company, in the amount of
$226,700.00, for construction of the Franklin Road Water Tank; and the
bid conlnittee report recommended approval of the purchase of the land
needed for the site of the water tank.
The City Manager requested that Council adopt the appropriate
measure authorizing the purchase of a 0.6316 acre parcel of land, in
the amount of $10,000.00 ($5,000.00 of which will be reimbursed from
Colony Properties, the developer of the adjacent site).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28316) AN ORDINANCE providing for the City's acquisition of a
certain parcel of land containing approximately 0.6316 acre; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 722.)
581
582
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None .............
BRIDGES-WATER DEPARTMENT: The City Manager submitted a written
report advising that bids were received by Council on Monday, July 28,
1986, for replacement of the Mason Mill Road Bridge, N. E., over Tinker
Creek; that the low bid, in the amount of $486,653.00, was submitted by
Allegheny Construction Company, Inc., and the contract was awarded on
Monday, August 11, 1986; and the State Marine Resources Commission, at
its July 22, 1986 meeting, granted permission to the City of Roanoke to
encroach in, on or over the State-owned subaqueous bottom of Tinker
Creek with the replacement of Mason Mill Road Bridge.
It was explained that construction of the bridge is scheduled in
September, 1986; that a permit stating authorization granted by the
Marine Resources Commission to encroach in, on or over Tinker Creek
will be issued to the City after the necessary signatures are affixed
and notarized; that authorization by Council for the City Manager to
sign the permit on behalf of the City is needed; and a fee of $100.00,
made payable to the Marine Resources Commission, would need to accom-
pany the permit as executed by the City.
The City Manager recommended that he be authorized to execute the
Marine Resources Commission permit on behalf of the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28317) AN ORDINANCE authorizing the appropriate City officials
to execute a subaqueous permit agreement with the Con~nonwealth of
Virginia for the replacement of the Mason Mill Road Bridge, N. E., over
Tinker Creek; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 723.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None .......
-0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium submitted the fiscal year
1987 Title II-A Implementation Strategy to the Governor's Employment
and Training Department on May 29, 1986; that the Consortium has been
authorized to operate a joint contract with the Roanoke City Department
of Social Services during fiscal year 1987 for a program which will
offer Job Search, Career Exploration, Work Experience, Adult Basic
Education, and GED Preparation to 300 eligible Roanoke City residents;
that a proposal was submitted by the Consortium to the Virginia Depart-
ment of Education on May 23, 1986, to operate a "Model Program for the
Employability of Teenage Parents" during fiscal year 1987; that the
City of Roanoke is the Grant Recipient for Consortium funding and Coun-
cil must appropriate the funds for all grants the Consortium receives.
It was explained that the Governor's Employment and Training
Department has sent to the Consortium Notice of Award No. 87-133-01, in
the amount of $897,645.00 for the Title II-A Program; that the Roanoke
City Department of Social Services and the Cc~sortium have entered into
a contract, in the amount of $76,889.00, for employment services; and
the Virginia Department of Education has approved the Consortium's
Teenage Parent Proposal at the level of $50,000.00 by Grant Award No.
VA-87-C-202-1-SE-O02.
ACT[ON:
ACTION:
The City Manager recommended that Council appropriate
$1,024,534.00 of new Consortium funding and establish a revenue esti-
mate for $1,024,534.00 in accounts Lo be established by the Director of
Finance. ·
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28318) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Fifth District Consortium Fund Appropriation Ordinance, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 723.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ -7.
NAYS: None ......... .0.
AIRPORT-CELEBRAT[ONS: The City Manager submitted a written report
advising that the Airport Advisory Commission, in a report to Council
on June 2, 1986, recommended approval of a 1986 Air Show and Second
Annual Balloon Race for September 12 - 14, 1986; that Council concurred
in the recommendation, subject to the terms of the final agreement for
the Balloon Race; that the National Balloon Racing Association (NBRA)
requests a license to hold its Second Annual Balloon Race at Roanoke
Regional Airport during the above three day event; and the Airport
Operations and Publicity Committee, which has coordinated previous
Airport Appreciation Days through the Airport Manager's Office, added
the Balloon Race to the Air Show activities in 1985.
The City Manager recommended that Council approve the License
Agreement in a form approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28319) AN ORDINANCE authorizing the appropriate City officials
to enter into an agreement between the City and the National Balloon
Racing Association for the provision by such organization of certain
services for Airport Appreciation Days 1986; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 724.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... ---7.
NAYS: None .............
AIRPORT: The City Manager submitted a written report advising
that Council authorized, pursuant to Ordinance No. 25384, the design of
Runway Extension at Roanoke Regional Airport, Woodrum Field; that a
contract was entered into with Delta Associates P. E., Inc., in the
amount of $59,500.00 for Preliminary Design and $79,500.00 for Detailed
Design, a total of $139,000.00; that four amendments have been
authorized by Council; that construction is complete for the project;
that grant special condition ADAP 13 required the City to run new noise
contours within one year of the runway extension becoming operational;
and FAA tower has requested the installation of a new taxiway guidance
sign system.
It was explained that the City Administration has requested Delta
Associates P. E., Inc., the runway extension engineers, to amend their
contract to accomplish the following two additional work tasks:
583
584
Noise monitoring of up to sixteen sites for a not-
to-exceed amount of $36,600.00; and
Engineering services for the design and administra-
tion of construction for taxiway guidance signs for
a lump sum amount of $8,700.00.
lhe City Manager recommended that he be authorized to execute
~mendment No. 5 to the contract with Delta Associates P. E., Inc., to
accomplish the above set forth additions, in a form approved by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28320) AN ORDINANCE authorizing the appropriate City officials
to enter into Amendment No. 5 to the City's contract with Delta
Associates P. E., Inc., for the Airport runway extension; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 725.)
ACTION: Mrs. Bowles moved tl~e adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........................... 7.
NAYS: None ..................
O.
CITIZENS' SERVICES COMMITTEE-HANDICAPPED PERSONS: The City Mana-
ger submitted a written report advising that the Adult Care Center of
Roanoke Valley, Inc., applied through the Citizens' Services Committee
for City funds, in the amount of $5,000.00, to provide day care and
support services for functionally impaired elderly adults and respite
and support services for their families; that the Citizens' Services
Committee recommended an appropriation of $3,600.00 to be used for
these services; and the Committee, in order to assure that the funds
will be used solely for City citizens, requested Council to authorize
the City Manager, or his designee, to negotiate a contract with Adult
Care Center of Roanoke Valley, Inc., for provision of day care services
to City citizens.
The City Manager recommended that Council approve the execution by
the Director of Human Resources of a contract, approved by the City
Attorney, with Adult Care Center of Roanoke Valley, Inc., for payment
of services delivered to City citizens.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28321) A RESOLUTION authorizing the execution of a contract
with Adult Care C~nter of Roanoke Valley, Inc., for payment for ser-
vices rendered City residents through the Center's day care operation.
(For full text of Resolution, see Resolution Book No. 49, page 725.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None .............
CITIZENS' SERVICES COMMITTEE-SALVATION ARMY: The City Manager
submitted a written report advising that the Salvation Army applied
through the Citizens' Services Committee, for City funds as follows:
i
ACTION:
ACTION:
$25,000.00 to operate a program for the homeless; and
$25,000.00 to operate a shelter for battered women.
It was explained that the Citizens' Services Co~nittee, through
its Chairman, requested an opinion from the City Attorney as to whether
or not the City could contract with the Salvation Army, a church or
sectarian institution, and the response was that this could be done as
long as the contract is for the care of indigent, sick or injured per-
sons and payment of City funds under any contract does not exceed the
fair market value of services rendered; and the Citizens' Services
Comittee recommended an appropriation of $14,000.00 to be used for
either program and Council concurred in the recommendation.
The City Manager recommended that Council approve execution by the
Director of Human Resources of a contract, approved by the City Attor-
ney, with the Salvation Army for payment of services delivered by the
Battered Women's Program to City citizens.
(For full text, see report on file in the City Clerk's Office,)
Mrs. Bowles offered the following Resolution:
(#28322) A RESOLUTION authorizing the execution of a contract
with the Salvation Army for payment for services rendered City resi-
dents through the Battered Women's Program.
(For full text of Resolution, see Resolution Book No. 49, page 726.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................ 7.
NAYS: None ......... O.
AIRPORT-LEGISLATION: The City Manager submitted a written report
in connection with air service route endorsement to London, England,
advising that one stop jet service from Roanoke to London would be a
tremendous asset to the Roanoke Valley and other adjacent localities
using Roanoke Regional Airport; that Piedmont Airlines can provide that
service if the airline is successful in competing against other air-
lines for the route designation out of Charlotte, North Carolina; that
other airlines, reportedly including American Airlines and Delta
Airlines, are competing for this route; and Piedmont Airlines provides
jet service from Roanoke to Charlotte and can provide Roanoke Valley
citizens and other adjacent jurisdictions with one-stop jet service to
England.
The City Manager recommended that Council forward a measure of
support of the request of Piedmont Airlines to the Federal Department
of Transportation, with copies to elected Federal representatives; and
further recommended that the City Attorney be authorized to intervene
in the proceeding before the Department of Transportation on behalf of
Piedmont Airlines, as is appropriate, to serve the air traffic needs of
the citizens of this area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28323) A RESOLUTION endorsing the application of Piedmont Air-
lines to designate Charlotte, North Carolina, as a gateway for nonstop
air service to London, England, and Piedmont Airlines as the carrier to
operate transatlantic flights on this route.
(For full text of Resolution, see Resolution Book No. 49, page 726.)
Mr. Musser m~ved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
585
NAYS: None .................. O.
586
BUDGET-VICTIM/WITNESS/JUROR PROGRAM: The City Manager submitted a
written report concurring in a request of the Commonwealth's Attorney
for acceptance of a Victim/Witness/Juror Assistance Program grant for
the third consecutive year.
The Commonwealth's Attorney submitted a written report advising
that the Victim/Witness/Juror Program has been awarded a one year, one
time, $34,980.00 grant for fiscal year 1986-87, which includes a
request of local cash match of $2,430.00; that the Program continues to
operate with a full-time coordinator whose duties have expanded and
increasingly greater contact has been made with persons in need of
program services; and the Program is coordinated by the Office of the
Commonwealth's Attorney, whose budget, as approved by Council, con-
tained a local cash match grant fund of $6,575.00.
The Commonwealth's Attorney recommended that Council take the
following action:
Allow for the acceptance of, and participation in
the Department of Criminal Justice Services Grant
No. 86A6400 for the Victim/Witness/Juror Assistance
Program, in the amount of $34,980.00, with the City
providing a local cash match of $2,430.00 and
salary supplement of $4,145.00 from the monies pro-
vided in the Commonwealth's Attorney's fiscal year
1986-87 budget, for a total program cost of
$39,125.00.
ACTION:
ACTION:
Authorize the City Manager to sign and execute all
appropriate documents to obtain Grant No. 86A6400.
Appropriate $32,550.00 in state grant funds and
transfer $6,575.00 in local matching funds from
General Fund Account No. 001-026-2210-g536 to the
Grant Fund into accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28324) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 4g, page 727.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland,
Bowers and Mayor Taylor .......
NAYS: None .........
Harvey, Musser, Trout,
7.
Mrs. Bowles offered the following Resolution:
(#28325) A RESOLUTION authorizing the acceptance of Grant No.
86-A6400 made to the City of Roanoke by the State Department of
Criminal Justice Services for a Victim/Witness/Juror Program and
authorizing the execution and filing by the City Manager of the con-
ditions of the grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 49, page 728.)
Mrs. Bowles moved the adoption of the Resolution. lhe motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ -7.
NAYS: None ........ O.
BUDGET-INDUSTRIES-ECONOMiC DEVELOPMENT CO~tMISSION: The City
Manager submitted a written report advising that the Orvis Company,
Inc., and Advance Stores Company, Inc., both plan to locate facilities
in the Roanoke Centre for Industry and Technology, requiring 1,000 foot
and 2,500 foot extensions, respectively, of the existing Blue Hills
Drive, N. E.; and engineering design and services for the roadway and
related utilities are needed.
587
It was explained that Engineering Services Qualification Proposals
for the project were publicly advertised on July 20, 1986, and received
on July 31, 1986; that interviews were held with three of the five
firms that submitted proposals; that negotiations were conducted with
the engineering firm felt to be the most qualified, Mattern and Craig, for
the project requirements; and scope of work includes restricted system
storm drain design, sanitary sewer and water facilities, retention
basins, street improvements, lighting, grading and site design, land-
scaping, topographic surveys, and plats.
The City Manager recommended that Council award an engineering
services reimbursement with a cost ceiling contract, in a form accep-
table to the City Attorney, to Mattern and Craig, in an amount not to
exceed $152,000.00; that initial efforts will be related to the Orvis
Project, and additional services will not be authorized until the
details of the Advance Auto development are firm.
It was further recommended that Council approve the following
transfers:
i
$34,028.00 from Economic Development 5-Year Capital
Program Account No. 008-002-9504-0020.
$117,972.00 from Undesignated Capital Funds to ar.
account to be established by the Director of
Finance for the Roadway System at Roanoke Centre
for Industry and Technology.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28326) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
i
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 728.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles,
Bowers and Mayor Taylor .......
NAYS: None .......
Garland, Harvey, Musser, Trout,
7.
-0.
Mr. Bowers offered the following emergency Ordinance:
(#28327) AN ORDINANCE authorizing the execution of a contract
with Mattern and Craig for the provision of certain engineering ser-
vices relating to the extension of Blue Hills Drive, N. E., and certain
improvements to be made in the Roanoke Centre for Industry and
Technology; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 729.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAys: None ........
-0,
588
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: The City Manager sub-
mitted a written report advising that the City of Roanoke is being
asked to sell twenty acres of land, corresponding to Site 4 and the
northern half of Site 3 in the Roanoke Centre for Industry and Tech-
nology to Orvis, Inc., or a related company specifically formed to do
business in Virginia, and to give Orvis a non-exclusive right to pur-
chase as well as a right of first refusal on the eight acres comprising
the remainder of Site 3; and consideration for sale of land to Orvis
would be an unsecured note at no interest taken from the Roanoke Valley
Development Foundation and the Roanoke Valley Development Corporation
requiring five equal installment payments of $20,000.00 per year.
It was explained that right of first refusal and right to purchase
the additional eight acres would be extended to Orvis for a ten year
period dating from the day of purchase; that in the event of third
party interest in the site, a decision would be due from Orvis within
thirty days of their receiving notice from the City regarding this
interest; that Orvis would have the right to purchase for the same con-
sideration as offered by the City to any other party; and Orvis would
also have the non-exclusive right to purchase for fair market value at
anytime within the ten year period.
The City Manager advised that Orris proposes to construct on the
site a 130,000 square feet fulfillment center costing $4,500,000.00 and
create approximately 125 initial jobs in their new operation; that
construction scheduling to meet the planned opening date of May 1,
1987, calls for building construction to begin in mid-September, 1986;
that because the City's site preparations will not be complete by that
date, and Orvis will have to work on City-owned land to meet the sche-
dule, they are requesting a right of entry agreement that will allow
them to begin their building prior to actual transfer of the land; and
the City of Roanoke would be indemnified by Orvis as a part of the
right of entry agreement, and would be held harmless for any risks
associated with the construction project on City-owned land, and Orvis
will also be required to insure the City's interest during this period.
The City Manager recommended that he be authorized to execute a
contract providing for the following:
Sale of 20 acres of land at the Roanoke Centre for
Industry and Technology, specifically Site 4 and a
portion of Site 3 as outlined on a map accompanying
the report, to Orvis or a related company specifi-
cally formed to do business in Virginia for the sum
of $100,000.00 to be paid in $20,000.00 annual
installments by the Roanoke Valley Development
Foundation and the Roanoke Valley Development
Co rporat i on.
Extending to Orvis the right of first refusal and
the non-exclusive right to purchase for fair market
value as determined by the City, on the remaining
eight acres in Site 3 for a period not to exceed
ten years.
Providing for a right of entry agreement allowing
Orvis to enter City property for the purpose of
constructing a fulfillment center to begin opera-
tions by May 1, 1987, conditioned upon Orris
indemnifyin9 and holding harmless the City and its
officers and employees from any and all claims and
courses of action growing out of Orvis' construc-
tion activities on City-owned land. Orris would
also be required to provide insurance protecting
the City's interest during this period; and
Authorize the Mayor to execute the requisite deed
with Orris, transferring the twenty acres and
extending the right of first refusal and the non-
exclusive right to purchase for fair market value,
as determined by the City, the remaining eight
acres.
(For full text, see report on file in the City Clerk's Office.)
i
m
ACTION:
ACTION:
ACTION:
589
Mr. Trout moved that Council concur in the City Manager's recom-
mendations. The motion was seconded by Mrs. Bowles and adopted.
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28328) AN ORDINANCE authorizing the execution of an agreement
for the sa)e of approximately twenty acres of )and in the Roanoke
Centre for Industry and Technology to Orvis, Inc., or a related company
specifically formed to do business in Virginia; authorizing a right of
first refusal and right to purchase an additional eight acres; authori-
zing a right of entry; and authorizing the execution of the requisite
deed with Orvis.
(For full text of Ordinance, see Ordinance Book No. 49, page 736.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES:
Mayor Taylor ........
Council members Bowles, Garland, Musser, Trout, Bowers and
NAYS: None ........
(Council member Harvey was out of the Council Chamber.)
.0.
BUDGET-INDUSTRIES-ECONOMIC DEVELO~IENT COMMISSION: The City
Manager submitted a written report advising that Council previously
authorized Eastland Developers, Inc., to remove clay material from the
Roanoke Centre for Industry and Technology to be used in the final clo-
sure of the former Statesman Park Landfill, and Eastland contracted
with Joe Bandy & Son, Inc., to remove the clay; that Orvis, Inc.,
announced its intention to construct a fulfillment center in the
Roanoke Centre for Industry & Technology; and the site selected is the
same location from which material is to be removed by Bandy for East-
land to cover the former Statesman Park Landfill.
It was explained that Joe Bandy & Son, Inc., has begun work on
removing the clay material from the City's property; that the contract
for this work allows ninety days for completion; that Orris, Inc., has
awarded its contract for building the fulfillment center; and in order
for the contractor for Orvis to finish the building by May 1, 1987
they need to begin construction by September 15, 1986. '
The City Manager recommended that he be authorized to enter into
an agreement with Joe Bandy & Son, Inc., which will insure the comple-
tion of building site preparation for Orvis, Inc., at the Roanoke
Centre for Industry & Technology on a schedule required by this major
new development; and that Council approve the transfer of $39,996.00 of
undesignated capital funds for economic development into a new account
to be established by the Director of Finance for this purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28329) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text uf Ordinance, see Ordinance Book No. 49, page 729.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None ......... -0.
(Council member Harvey was out of the Council Chamber.)
590
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#28330) AN ORDINANCE authorizing the execution of an agreement
with Joe Bandy & Son, Inc., for certain grading within the Roanoke
Centre for Industry and Technology; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 730.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Musser, Trout, Bowers and
Mayor Taylor ........ 6.
NAYS: None ......
-0.
(Council member Harvey was out of the Council Chamber.)
LEGISLATION-INDUSTRIES-HOUSING: The City Manager submitted a
written report advising that portions of the Roanoke Centre for
Industry and Technology, as well as other economic development areas,
such as Deanwood, Shaffer's Crossing, Downtown East, and Henry Street,
have been or are proposed to be acquired with federal Community Deve-
lopment Block Grant funds; and the U. S. Department of Labor has
recently ruled, in another state, that any development on land acquired
with federal funds, at any point in time, must follow al) federal regu-
lations, including Davis-Bacon wage determinations.
It was explained that Davis-Bacon regulations require localities
to pay wage rates "not less than those prevailing on similar construc-
tion in the locality as determined by the Secretary of Labor;" that in
some cases this wage rate is higher than that which would apply if the
subcontracts are bid in an unregulated environment; that Davis-Bacon
record keeping requirements can impose additional costs on the deve-
loper as well; that the ruling of the Department of Labor could raise
the total project costs for both the City of Roanoke and private deve-
lopers as much as two to three per cent due to differences between
federally determined wage rates and those that actually prevail in the
Roanoke labor market; that the Department of Housing and Urban Develop-
ment is concerned with this ruling, and the Justice Department may be
asked to resolve the disagreement between the two agencies.
The City Manager recommended that Council adopt a measure opposing
the decision of the Department of Labor that Davis-Bacon wage deter-
minations apply for all projects where no federal funds are involved
other than in the purchase of the land or where no federal funds are
directly involved in construction, and imploring the Executive Branch
of the Federal Government to resolve this issue expeditiously.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28331) A RESOLUTION relating to application of federal Davis-
Bacon regulations to private construction projects on land purchased by
the City with federal funds and later conveyed to a private party for
economic development purposes.
(For full text of Resolution, see Resolution Book No. 49, page 730.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... ---7.
NAYS: None ..........
BUDGET-CITY CODE-TAXES: The City Manager and Director of Finance
submitted a joint written report with regard to a mandatory filing date
for personal property taxes.
It was explained that personal property owned by the citizens of
the City of Roanoke for the current year is processed in the following
manner:
m
January 1 - Personal property taxes are assessed by
the Commissioner of Revenue for the
current year for property owned as of
this date.
March 1
-Optional filing date for taxpayers to
file and receive a bill for personal
property taxes. The Code of the City
of Roanoke, Section 32-108, states that
there is no penalty assessed provided
the taxpayer files and pays taxes
before May 31.
Apri 1 1
-Personal property tax bills for tax-
payers who have filed returns before
March 1 are printed by the City
Treasurer's Office.
Apri 1 15
- Personal property tax bills are mailed
to those who filed and City decals go
on sale.
May 31
Due date and filing deadline -- after
this date there is a ten per cent
penalty on the amount owed to the City
by the taxpayer for not filing; and an
additional ten per cent penalty for not
paying taxes by the due date.
The City Manager and Director of Finance recommended a change in
the current personal property tax system for the following reasons:
To benefit all taxpayers - those that file on the
blank forms and those that do not file by March 1.
To improve the statistical information available
for estimating personal property revenue.
It was explained that in the evaluation process, it was determined
that a mandatory filing date, effective January 1, 1987, would be the
most viable solution to critical concerns; that the taxpayer will be
required to file all personal property for the current calendar year by
February 15, and after this date, any taxpayer who has failed to file
their personal property tax return will be assessed a penalty of ten
per cent of the tax assessable on such return, for failure to file by
the filing deadline; and the taxpayer would then have until May 31 to
file and pay their personal property taxes to avoid an additional
penalty of ten per cent of the tax due for failure to pay their taxes
by the payment deadline.
Mr. Herbert and Mr. Schlanger recommended that the Comissioner of
Revenue be given authority to grant filing extensions for personal pro-
perty taxes; and extensions granted by the Commissioner of Revenue
shall not exceed sixty days after the mandatory filing date of Febru-
ary 15, with the following provisions:
Written requests for extension shall be submitted
to the Office of the Commissioner of Revenue by
February 15 of each tax year;
Payment of personal property taxes still required
by May 31; and
Decals may not be purchased without proof that per-
sonal property tax has been paid.
In order to minimize the effect of changing the filing procedures
and to inform taxpayers of the mandatory filing date, they recommended
that the City of Roanoke ensure that the taxpayers of the City fully
understand the new requirements through an active advertising program,
as follows:
591
592
Additional cost for advertising filing
date and additional postage for fiscal
year 1986-87
$ 11,500.00
Annual recurring cost for additional
posta§e (first class mailing of forms)
4,500.00
The City Manager and Director of Finance transmitted a measure
providing for appropriation of $11,500.00 to the departmental budget of
tile Commissioner of Revenue for the following:
Additional monies for a seven day
advertisement in the Roanoke Times
and World-News to inform taxpayers
of the new fi ling deadline.
$ 500.00
Public information such as brochures,
posters, and fliers to be distributed
to public areas.
2,000. O0
Additional postage to send out a letter,
mailed first-class, to inform all tax-
payers on record of the mandatory fi ling
date.
4,500.00
Additional postage to send filing forms
by first-class mail. This would provide
forwarding of tax forms to the new
address.
4,500.00
It was explained that a second measure amends Sections 32-106 and
32-108, Code of the City of Roanoke, 1979, as amended, to provide for
penalties of ten per cent for failing to file a return by February 15
or by the extended date established by the Commissioner of Revenue, and
for failure to pay the tax due by May 31; to provide for a mandatory
filing date of February 15; and to authorize the Commissioner of
Revenue to grant time extensions not to extend beyond April 15.
(For full text, see report on file in the City Clerk's Office.)
Mr. Alex Bowman, representing the Roanoke Chapter of the Virginia
Society of Certified Public Accountants, appeared before Council and
advised that the individual taxpayer filing his personal property tax
lists only his automobile, but businesses must list by year their
equipment and specific vehicles; that most of the time this work is
done with the normal closing out of the books, preparation of income
tax return, etc., at the end of the year, therefore, at the time tile
personal property tax returns are filed for businesses, it is a matter
of taking the information off of the already prepared depreciation
schedules. Mr. Bowman recommended that the filing date for personal
property taxes be changed to March 15 instead of February 15, which is
the date that corporations are required to file U. S. Income Taxes.
The Director of Finance responded that a great deal of research
has been dene on the matter, advising that he does not believe the
March 15 filing date would help the City or the CPA's; and there has to
be enough time allotted to grant the filing of the extension. He said
it is felt that the extra time is needed to provide adequate informa-
tion to serve the taxpayers, noting that Roanoke County and the City of
Salem already have the January 31 and February 15 filing dates. Mr.
Schlanger recommended that Council approve the report as written.
Following discussion of the matter, Mr. Trout offered the follow-
ing emergency budget Ordinance:
(#28332) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 732.)
593
m
.!
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor. 7.
NAYS: None ...........
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28333) AN ORDINANCE amending and reordaining §32-106, Penalties
and interest on delinquencies - Generally, and §32-108, Taxpayer's re-
turn - Generally, Code of the City of Roanoke (1979), as amended, to
provide for penalties for failure to pay personal property tax by
May 31 of each tax year and for failure to file the required return by
February 15 of each tax year; to establish a mandatory filing date of
February 15 for personal property tax returns; to authorize the
Commissioner of Revenue to grant extensions of the filing date for such
returns; and to provide for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 737.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... .7.
NAYS: None- , ......... O.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-CLEAN VALLEY COMMITTEE: The Director of Finance
submitted a written report advising that Council adopted Resolution No.
28096 designating the Clean Valley Committee, Inc., to develop a coor-
dinated litter control program for the Roanoke Valley; and the Commit-
tee was authorized to apply for certain grant funds from the Common-
wealth of Virginia for operation of the program.
Mr. Schlanger explained that the application was approved, in the
amount of $8,060.00; that Resolution No. 28096 provided for the imme-
diate transfer of funds to the Clean Valley Committee upon receipt; and
recommending the appropriation of $8,060.00 in litter control funds
which were received in August, 1986, in order that the funds may be
transferred to the Clean Valley Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28334) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriation, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 732.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... 7.
NAYS: None ........
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Council member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
flood damage repair to the brick picnic shelter in Wasena Park, pre-
sented a written report on behalf of the committee recommending the
fol lowing:
594
ACTION:
ACTION:
Authorize the City Manager to enter into a contrac-
rural agreement with Construction Services of Roa-
noke, Inc., to construct the brick picnic shelter
in Wasena Park, in accordance with contract docu-
ments as prepared by the Office of City Engineer,
in the amount of $60,415.00. and 90 consecutive
calendar days.
Approve the encumbrance of $60,415.00 in Account
No. 008-002-9574-9154.
Reject the other bids received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28335) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for flood damage repair to the picnic shelter at
Wasena Park, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requi-
site contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 733.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... ---7.
NAYS: None .........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28278 permanently vacating,
discontinuing and closing an unopened alley which separates the north
and south portions of property located at 1049 Palmetto Street, N. W.,
having previously been before the Council for its first reading on
Monday, August 11, 1986, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the following for
its second reading and final adoption:
(J28278) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 713.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None .........
.0.
STREETS AND ALLEYS: Ordinance No. 28279 permanently vacating,
discontinuing and closing Scotland Street, N. W., a paper street 344.97
feet in length, fronting the Westminster Presbyterian Church building
which dead ends in a proposed circle, having previously been before the
Council for its first reading on Monday, August 11, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#28279) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 714.)
595
,!
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor. 1.
NAYS: None O.
ZONING: Ordinance No. 28280 rezoning certain tracts of land iden-
tified as Official Tax Nos. 7240101 and 7280101, lying between the
Roanoke Centre for Industry and Technology, located on the northerly
side of U. S. Route 460, from AG, Agricultural District, to LM, Light
Manufacturing District, having previously been before the Council for
its first reading on Monday, August 11, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
(#28280) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet Nos. 724 and 728, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 49, page 715.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............................. 7.
NAYS: None- O.
PARKING GARAGE: Ordinance No. 28294 approving and authorizing the
execution of an assignment of the lease of a 1000 square foot space in
the Market Square Parking Garage to Roanoke Photo Associates, having
previously been before the Council for its first reading on Monday,
August 11, 1986, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#28294) AN ORDINANCE approving and authorizing the execution of
an assignment of the lease of a 1000 square foot space in the Market
Square Parking Garage.
(For full text of Ordinance, see Ordinance Book No. 49, page 716.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None- O.
CITY PROPERTY-SALE/PURCHASE OF PROPERTY: Ordinance No. 28295 pro-
viding for the gift to the Town of Vinton of a surplus parcel of land
owned by the City and situated in the Town of Vinton, being a 0.41 acre
portion of Official Tax No. 4310401, located at Wise Avenue and Booker
Avenue, S. E., having previously been before the Council for its first
reading on Monday, August 11, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28295) AN ORDINANCE providing for the gift to the Town of
Vinton of a surplus parcel owned by the City and situated in Vinton,
being a 0.41 acre portion of Official Tax No. 4310401.
(For full text of Ordinance, see Ordinance Book No. 49, page 716.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None ............. O.
596
ACTION:
ACTION:
ACTION:
CiTY PROPERTY-SALE/PURCHASE OF PROPERTY: Ordinance No. 28298 pro-
viding for the sale and conveyance of a parcel of' land owned by the
City and located on Montrose Avenue, S. E., bearing Official Tax No.
4140801 to Mr. and Mrs. Dan T. Read for $100.00, having previously been
before the Council for its first reading on Monday, August 11, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#28298) AN ORDINANCE providing for the sale and conveyance of a
parcel of land owned by the City and located on Montrose Avenue, S. E.,
bearing Official Tax No. 4140801.
(For full text of Ordinance, see Ordinance Book No. 49, page 711.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None ....... O.
SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 28299 per-
mitting a certain encroachment over and into an alley right-of-way
located behind 514 Woods Avenue, S. W., Official Tax No. 1140205, for
an existing wooden fence, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
August 11, 1986, read and adopted on its first reading and laid over,
was again before the body, Mr. Harvey offering the following for its
second reading and final adoption:
(#28299) AN ORDINANCE permitting a certain encroachment over and
into an alley right-of-way located behind 514 Woods Avenue, S. ~1.,
Official Tax No. 1140205, for an existing wooden fence, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 717.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... .7.
NAYS: None .......
O®
SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 28300' per-
mitting a certain encroachment over and into the right-of-way of Fifth
Street, S. W., for an existing wooden fence located adjacent to 502
Woods Avenue, S. W., Official Tax No. 1140208, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, August 11, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28300) AN ORDINANCE permitting a certain encroachment over and
into the right-of-way of Fifth Street, S. W., for an existing wooden
fence located adjacent to 502 Woods Avenue, S. W., Official Tax No.
1140208, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 718.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... ---7.
NAYS: None ....... O.
VIRGINIA MUNICIPAL LEAGUE: Mrs. Bowles offered the following
Resolution designating the Mayor as Voting Delegate and the Vice-Mayor
as Alternate Voting Delegate for the Annual Business Session of the
Virginia Municipal League and for any meetings of the Urban Section of
the League, which will be held in Norfolk, Virginia on September 23,
1986:
597
(#28336) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Virginia
Municipal League and for any meetings of the Urban Section of the
League.
ACTION:
(For full text of Resolution, see Resolution Book No. 49, page 734.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... -7.
NAYS: None ..........
--0,
VIRGINIA MUNICIPAL LEAGUE: Mr. Harvey offered the following Reso-
lution endorsing the candidacy of the Honorable Noel C. Taylor, Mayor
of the City of Roanoke, for First Vice-President of the Virginia
Municipal League:
ACTION:
(#28337) A RESOLUTION endorsing the candidacy of the Honorable
Noel C. Taylor, Mayor of the City of Roanoke, for First Vice-President
of the Virginia Municipal League.
(For full text of Resolution, see Resolution Book No. 49, page 734.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... .--7.
NAYS: None ........
O®
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
VIRGINIA MUNICIPAL LEAGUE: Mr. Musser offered the following
Resolution expressing the desire of the City Council that the City of
Roanoke be the site for the 1991 Annual Meeting of the Virginia Munici-
pal League:
ACTION:
(#28338) A RESOLUTION expressing the desire of this Council that
the City of Roanoke be the site for the 1991 Annual Meeting of the
Virginia Municipal League.
(For full text of Resolution, see Resolution Book No. 49, page 735.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... -7.
NAYS: None .......
.0.
OTHER HEARINGS OF CITIZENS: NONE.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Ma~or Taylor~ presiding and all members of .th~ ~unctl in attendance.
598
HOUSING: The Mayor advised that the four year terms of Hallie B.
Albergotti and S. Lewis Lionberger as members of the Roanoke Redevelop-
ment and Housing Authority wil! expire on August 31, 1986; that Mr.
Lionberger has declined to serve another term; and called for nomina-
tions to fil! the vacancies.
ACTION:
Mr. Bowers placed in nomination the name of Hallie B. Albergotti.
There being no further nominations, Ms. Albergotti was reelected
as a member of the Roanoke Redevelopment and Housing Authority for a
term of four years ending August 31, 1990, by the following vote:
FOR MS. ALBERGOTTI: Council members Bowles, Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor .......... 7.
AIRPORT: The Mayor advised that the three year term of James G.
Harvey, II, as liaison Council member to tile Airport Advisory Commis-
sion will expire on August 31, 1986, and called for nominations to fill
the vacancy.
ACTION:
Mr. Musser placed in nomination tile name of James G. Harvey, II.
There being no further nominations, Mr. Harvey was reelected as
liaison Council member to the Airport Advisory Commission for a term of
three years ending August 31, 1989, by the following vote:
FOR MR. HARVEY: Council members Bowles, Garland, Musser, Trout,
Bowers and Mayor Taylor ........ -6.
(Council member Harvey abstained from voting.)
CIVIC CENTER: The Mayor advised that the three year term of
Robert A. Garland as liaison Council member to the Roanoke Civic Center
Commission will expire on August 31, 1986, and called for nominations
to fill the vacancy.
Mrs. Bowles placed in nomination the name of Robert A. Garland.
ACTION:
ACTION:
There being no further nominations, Mr. Garland was reelected as
liaison Council member to the Roanoke Civic Center Commission for a
term of three years ending August 31, 1989, by the following vote:
FOR MR. GARLAND: Council members Bowles, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... .6.
(Council member Garland abstained from voting.)
PARKS AND PLAYGROUNDS: The Mayor advised that there is a vacancy
on the Citizens' Advisory Committee -- City Wide Park Study, created by
the resignation of Harry W. Whiteside, for a term ending dune 30, 1987,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Donald R. Wolthuis.
There being no further nominations, Mr. Wolthuis was elected as a
member of the Citizens' Advisory Committee -- City Wide Park Study, for
a term ending June 30, 198/, by the followin9 vote:
FOR MR. WOLTHUIS: Council members Bowles, Garland, Harvey,
Musser, Trout, Bowers and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:20 p.m.
ATTEST:~.~ ~ 9.
City C1 erk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 8, 1986
7:30 p.m.
599
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 8, 1986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor ........ 7.
ABSENT: None .......
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by the Reverend Nicholas Bacalis,
Pastor, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Fla9 of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
m
zumsmu: vursuanc Co Keso,ucion ,Jo. tosco aaopcea Dy cf~e ~uunc~l
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 8, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of W. Heywood Fralin,
Attorney, representing Paul A. Duncan and Gary A. Duncan that a 2.21
acre parcel of land located at Woodbridge Avenue and Peters Creek Road,
N. W., designated as a portion of Official Tax No. 6141403, be rezoned
from RG-1, General Residential District, to C-2, General Commercial
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 22, 1986, and Friday, August 29, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A Eeport of the City Planning Commission recommending approval of
the request, subject to the filin9 of an amended petition as discussed
with the petitioners, was before Council.
The Planning Commission pointed out that the proposed plan of
development encompasses a larger area than that requested for rezoning,
thereby promoting a more coordinated commercial development; and the
proposed project also would include landscaping and buffering along
street frontages and adjacent residential properties which will provide
for an attractive development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28339) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (19/9), as amended, and Sheet No. 614, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 742.)
6OO
ACTION:
ACTION:
The motion was seconded by Mr. Harvey.
Mr. W. Heywood Fralin, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28339 was adopted on its first reading by
the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .... .-7.
NAYS: None .......................
.0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 8, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Charles R. Allen,
Attorney, representing David A. Dean that a 1.3 acre tract of land
located on Shenandoah Avenue, N. W., designated as Official Tax No.
2720602, be rezoned from C-2, General Commercial District, to tM, Light
Manufacturing District; and that a portion of a 5.045 acre tract of
land located on Westside Boulevard, N. W., designated as Official Tax
No. 2720601, be rezoned from RS-3, Single Family Residential District,
to LM, Light Manufacturing District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 22, 1986, and Friday, August 29, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that the proposud project is in keeping with the
proposed changes to the zoning ordinance to permit a limited size of
mini-warehouses in C-2 zones with appropriate landscaping and buffering
treatment; that the use is seen as a needed service to the community;
and proffered conditions of the rezoning have resolved concerns, was
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28340) AN ORDIf~NCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 272, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 743.)
The motion was seconded by Mrs. Bowles.
Mr. Charles R. Allen, Jr., Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
.for rezoning, Ordinance No. 28340 was adopted on its first reading by
the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............ 7.
NAYS: None ......... O.
601
ACTION:
STREE[S AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, September 8, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of William B.
Hopkins, Jr., Attorney, representing George Steven Azar that a portion
of Plateau Road, S. E., bounded by certain tracts of land designated as
Official Tax Nos. 4440710, 4440711, 4440712, 4440729, 4440730 and
4440731, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 22, 1986, and Friday, August 29, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recon~ending that the
request be approved, subject to the following conditions, was before
Council.
That the applicant agree to provide a legal plat of
subdivision, combining his existing properties,
identified as 4440710, 4440729 and 4440731, into
one tract in order to comply with existing street
frontage requirements.
That the applicant agrees to dedicate upon the plat
an area of property sufficient to provide a public
turnaround at a standard that is acceptable to the
City Engineer.
That the applicant agrees to post a letter of cre-
dit or bond in a satisfactory amount, guaranteeing
the construction of such turnaround, within a
period of twelve months from the date of the
issuance of the letter of credit.
That the official closure of this section of
Plateau Road, S. E., be made contingent upon the
recordation of this properly approved plat of sub-
division.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28341) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 744.)
The motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the request,
Ordinance No. 28341 was adopted on its first reading by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... ---7.
NAYS: None ........
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, September 8, 1986, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of the City
of Roanoke that a portion of Airport Road, N. W., be permanently
vacated, discontinued and closed, the matter was before the body.
602
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 22, 1986, at Friday, August 29, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28342) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 745.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the request,
Ordinance No. 28342 was adopted on its first reading by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ...... 7.
NAYS: None .......... -0.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item wil! be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed-by Council; and a matter relating to terms of a contract in
negotiation.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None ........ O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Anne S.
Glenn tendering her resignation as a member of the Roanoke Neighborhood
Partnership Steering Committee, effective September 1, 1986, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
m
ACTION:
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None- O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from
Eldridge W. Chambers, Jr., tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... 7.
NAYS: None ............
O®
HEALTH (MENTAL HEALTH): An annual report of the Board of Direc-
tors of Mental Health Services of the Roanoke Valley for fiscal year
1985-86, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ..............
PENSIONS: A report of the Director of Finance transmitting the
annual report on the Trust Fund for the year ended June 30, 1986, was
before Council.
It was pointed out that the market value of the Trust Fund
increased $17.4 million; that this was due to investment income ear-
nings of $4.6 million, appreciation of $11.8 million and net new
contributions of $1 million; that the total fund returned 27.2%; that
the City's evaluation service that monitors over 4,000 funds stated
that the City's rate of return was higher than 74% of the funds they
monitor; that the City's outstanding rate of return in bonds of 25.1%
was one of the key reasons for the City's excellent performance; that
the City outperformed 97% of the funds monitored; and for the last four
years the City's average rate of return was 23% per year.
It was explained that out of the $76.3 million, the asset alloca-
tion by manager was as follows:
Dol 1 ars
(in Millions)
Percentage
Invesco $ 41.0 53.7%
Harbour Capital 22.1 29.0%
Wol f/Webb 13.2 17.3%
The combined asset allocation by type of investment:
Dollars
(in Millions)
Percentage
Equity $ 37.6 49.3%
Fixed Income 34.4 45.1%
Cash 4.3 5.6%
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Harvey and adopted by the following vote:
603
604
ACTION:
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ...................... 7.
NAYS: None .........
-0.
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Robert D. Obey and Robert C. Lawson, Jr., for terms ending August 10,
1987, and L. Graham Haynie and William F. Hawkins for terms ending
August 10, 1988, as members of the Economic Development Commission, was
before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ --7.
NAYS: None ....... -0.
PENDING LIST: A list of items pending from July 10, 1978, through
August 25, 1986, was before Council.
(For full text, see pending list on file in the City Clerk's Office.)
Mr. Trout mo~ed that the pending list be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... -7.
NAYS: None ........ .-0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss terms of a contract in negotiation, pursuant to
Section 2.1-344 (al (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss terms of a contract
in negotiation, pursuant to Section 2.1-344 (al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ --7.
NAYS: None .......
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-ACTS OF ACKNOWLEDGEMENT: Mr. Edmund A. Damus, 1920
Deyerle Road, S. W., appeared before Council and expressed appreciation
to those City departments responsible for removing the line of ever-
green trees in the City right-of-way located parallel to the east side
of Mudlick Road, S. W., and north of Deyerle Road, S. W., which trees
were blocking visibility for westbound motorists.
PETITIONS AND COMMUNICATIONS:
CELEBRATIONS: A communication from Mayor Noel C. Taylor advising
that in 1985 the Virginia General Assembly created the Virginia Commis-
sion on the Bicentennial of the United States Constitution in order to
encourage and plan appropriate activities to mark the 200th anniversary
of the Constitution, its ratification in Virginia, and the addition of
the Bill of Rights; that the City has been asked to establish a local
commission to work with the Virginia Commission in developing community
m
m
ACTION:
ACTION:
programs to mark the Constitution's bicentennial; that the local com-
mission may apply for official recognition by the Virginia Commission
and the Federal Commission on the Bicentennial of the United States
Constitution; that the locality or localities served by a recognized
local commission will be designated as "A Bicentennial Conmmnity" and,
in addition, a local commission recognized by a Federal Commission is
entitled to use the logo of the Federal Commission, was before Council.
The Mayor advised that he was in receipt of a communication from
the Honorable Alan H. Brittle, Chairman, Roanoke County Board of Super-
visors, suggesting that the Roanoke Valley pursue the application to
become a Designated Bicentennial Com~nunity, as one community, rather
than as individual jurisdictions; and if Council concurs in the estab-
lishment of a Commission and in the suggestion of Chairman Brittle for
joint application as a "Designated Bicentennial Community", he has
requested the City Attorney to prepare the appropriate measure express-
ing the support of Council in a joint application, with equal represen-
tation on the Commission by residents of the participating jurisdic-
tions.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28343) A RESOLUTION proclaiming September 17, 1987 as United
States Constitution Day and authorizing establishment of a committee to
plan the celebration of the Bicentennial of the United States Constitu-
tion in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 49, page 738.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............. 7.
NAYS: None ......... O.
COMMONWEALTH OF VIRGINIA BUILDING: Council member James O. Trout
presented a communication advising that the City of Roanoke was n~st
fortunate in obtaining a twenty year lease with the State of Virginia
for the "Commonwealth of Virginia Building"; that there have been
recent discussions with regard to renaming the Commonwealth of Virginia
Building after a famous Virginian, the late Governor John N. Dalton,
however, it is his understanding that under the terms of the lease bet-
ween the City and the Commonwealth, it may not be possible to change
the name of the building, was before Council.
Mr. Trout stated that it comes to mind that along with other
famous Virginians, the City of Roanoke was honored to have an outstand-
ing local Judge, Congressman, Attorney General, Governor and Federal
Judge as a native son, the late J. Lindsay Almond; and Roanoke was also
blessed with another outstanding Governor, A. Linwood Holton.
He stated that although Governor Dalton was a deserving and out-
standing citizen of the Commonwealth, he is of the opinion that Council
should give further consideration prior to renaming the Commonwealth of
Virginia Building; that if Council does in fact rename the building, it
is his recommendation that it be named in honor of a local Virginian,
the late Governor J. Lindsay Almond; and further recommending that the
building be named the "Commonwealth -- Governor J. ~ndsay Almond
Building."
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the City Attorney be instructed to prepare a
measure renaming the Commonwealth of Virginia Building the "Common-
wealth Building - J. Lindsay Almond" and stated that if other action is
needed to get the City's viewpoint into the proper channels, he is con-
vinced that the City Attorney will take such action. The motion was
seconded by Mr. Musser.
605
606
ACTION:
ACTION:
ACTION:
The Mayor advised that there is a motion in effect as a result of
his State of the City message referring the question of renaming the
Commonwealth of Virginia Building in honor of the late Governor John N.
Dalton to the City Manager or the City Planning Commission, whichever
is the appropriate department or individual, for report back to Coun-
cil, and inquired if Mr. Trout would offer a motion rescinding the pre-
vious action taken by Council.
Mr. Trout moved that the previous action of Council referring
Recommendation No. 2 contained in the Mayor's 1986 State of the City
Message to rename the Commonwealth of Virginia Building in honor of the
late Governor John N. Dalton to the City Manager or the City Planning
Commission for report to Council be rescinded. The motion was seconded
by Mr. Bowers and unanimously adopted.
Mr. Garland inquired as to whether or not the building can be
renamed under the terms of the lease between the City and the Common-
wealth; whereupon, the City Attorney advised that the lease is for a
term of twenty years and provides that the name of the structure shall
be the Commonwealth of Virginia Building which indicates that the City
cannot unilaterally change the name of the building and such action
would require the concurrence of the Commonwealth.
Mr. Garland advised that prior to voting to change the name of the
building, the City should determine whether or not the Commonwealth of
Virginia will concur in changing the name.
Mr. Bowers suggested that the name read the J. Lindsay Almond
Commonwealth of Virginia Building; whereupon, Mr. Trout concurred in
the suggestion.
The Mayor stated that Council referred his recommendation to the
City Manager or the City Planning Commission, whichever is appropriate,
and it seems that if it was the proper course of action to refer his
recommendation to the City Manager or the City Planning Commission, it
would also be proper to refer Mr. Trout's motion to the City Manager or
the City Planning Commission for report to Council.
Mr. Garland offered a substitute motion that the City Attorney be
instructed to inquire if the Commonwealth of Virginia will permit the
City to name the building at its pleasure. The motion was seconded by
Mrs. Bowles and lost by the following vote:
AYES: Council members Garland, Bowles and Mayor Taylor ......... 3,
NAYS: Council members Harvey, Musser, Trout and Bowers ......... 4.
Mr. Bowers moved that the meeting be recessed.
There being no second, the Mayor declared the motion lost.
ll~e original motion offered by Mr. Trout, seconded by Mr. Musser,
was adopted by the following vote:
AYES: Council members Harvey, Musser, Trout and Bowers ......... 4.
NAYS: Council members Garland, Bowles and Mayor Taylor ......... 3.
The Mayor announced that the motion was adopted by a 4 - 3 vote of
Council, along party lines; whereupon, Mr. Bowers requested that the
Mayor relinquish the Chair to the Vice-Mayor if he intended to debate
the issue.
Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared before
Council and advised that the building does not belong to the City
Council, it belongs to the people and if there is going to be debate
over the name of the building, the question should be placed on the
November ballot for a decision by the electorate.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
m
ACTION:
BUILDINGS: The City Manager submitted a written report advising
that the present Property Maintenance Code was adopted by Council,
effective July 1, 1981, to establish standards of maintenance for
existing structures, residential and non-residential; that adoption of
the Code was pursuant to the recommendation of the Housing Rehabilita-
tion Task Force, as part of the City's neighborhood revitalization
efforts; and Code Enforcement Authority has enhanced the City's and
neighborhood efforts to improve the City's housing stock.
It was explained that a Statewide Building Code has been adopted
by the State Board of Housing and Community Development, as authorized
by the General Assembly, to be effective October 1, 1986, as Volume I!
of the Uniform Statewide Building Code; that the City's current Pro-
perty Maintenance Code will be superceded by the Statewide Building
Maintenance Code and will no longer apply as of October 1, 1986; and
adoption by the City of the State's new Building Maintenance Code is
optional but is necessary to continue the City's enforcement authority
over maintenance and conditions of existing structures, i.e., if the
City has a code regulating such maintenance, it must be the State's new
Code.
In summary, the City Manager advised that the Building Maintenance
Code, effective October 1, 1986, is necessary if the City is to retain
any control over the maintenance standards of older buildings (built
before and not substantially altered since 1973); that such control is
vital to the safety of the occupants of these buildings and the general
public, and to continue efforts to preserve and improve the City's
housing stock.
It was pointed out that Council will be asked to take action on
the new code at its next regular meeting on Thursday, September 25,
1986.
(For full text, see report on file in the City ClerkIs Office.)
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and unaninlously adopted.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Airview Court Subdivision was plated in 1955 and 1956
when the area was in Roanoke County; that portions of the property were
"reserved" for the future development of Norwood Street; that right-of-
way acquisition for a storm drain facility was made in late 1980 from
Mrs. Edna Norton, and this acquisition was adjacent to the land pre-
viously "reserved" for the future development of Non~ood Street.
It was explained that a letter under date of October 21, 1980,
from the City Administration to Mr. Bob Caudle, son of Mrs. Edna
Norton, described the policy in effect at that time for opening
unimproved, dedicated rights-of-way; that the letter did not clearly
recite the responsibility of subdivision developers in such instances;
and a request from F & B Developers that the City open Norwood Street
was on Council's agenda on July 28, 1986, but was continued for further
consideration at the request of the City Administration.
· The City Manager advised that title search by the City Attorney's
Office has-determined that the property "reserved" for Norwood Street
has not been properly dedicated for public right-of-way; that this
needs to be resolved due to the existence of tile City's storm drain
facilities through the area as well as the proposed street opening;
that a petition was submitted to Council by residents of the Norwood
Street area objecting to the construction of this street at taxpayers
expense; and a meeting was held on September 3, 1986, between Mr.
Caudle and City Administrators to discuss the previous request for the
opening of Norwood Street.
The City Manager recommended that Council authorize the construc-
tion of Norwood Street cooperatively with the adjoining property
owner/developers by means of the following actions:
607
608
ACTION:
ACTION:
ACTION:
Authorize the acquisition of the "reserved" portion
of Norwood Street by donation, or purchase, or con-
demnation, if necessary, for consideration not to
exceed $5,000.00 without further approval from City
Council; transfer funds from Shenandoah Avenue
Realignment project into a new account entitled
"Norwood Street" to be established by the Director
of Finance.
Authorize the City Manager to enter into an agree-
ment, in the general form attached to the report,
in a form acceptable to the City Attorney, pro-
viding for the cooperative construction of Norwood
Street between Airview Road and Hope Road.
Appoint a viewer to ascertain what damages, if any,
will occur on adjoining private property as a
result of the opening of Norwood Street.
(For full text, see report on file in the City Clerk's Office,)
Mrs. Bowles offered the following emergency Ordinance:
"AN ORDINANCE to amend and reordain certain sections of the
1986-87 Capital Projects Fund Appropriations, and providing for an
emergency ."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor ............ .-7.
NAYS: None ......... O.
Mrs. Bowles offered the following emergency Ordinance:
"AN ORDINANCE providing for the acquisition of right-of-way needed
by the City for the opening of Norwood Street, S. W., between Airview
Road, S. W., and Hope Road, S. W.; authorizing the City Manager to fix
to a certain limit the consideration to be offered for such right-of-
way if necessary; providing for the City's acquisition of such right-
of-way by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
said right-of-way for the purpose of constructing improvements to the
right-of-way; and providing for an emergency."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... . .... 7.
NAYS: None ........
Oe
Mrs. Bowles offered the following emergency Ordinance:
"AN ORDINANCE authorizing the City to grade and improve Norwood
Street, S. W., between Airview Road, S. W., and Hope Road, S. W.,
appointing an officer of the City to ascertain the execution of an
agreement with an abutting property owner for the construction of cer-
tain improvements relating to said street; and providing for an emer-
gency."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers. ~
Mr. Robert W. Hollins, 1906 Walmann Road, S. W., appeared before
Council and advised that residents did not receive a copy of the City
Manager's report until after 4:00 p.m., on Monday, September 8; that
they were previously told the matter would be on the October 13 agenda
of Council; and requested that the proceedings be postponed until a
later date so that members of the community who are directly affected
by the proposed extension will have an opportunity to air their views
prior to Council's vote on the request.
m
ACTION:
ACTION:
ACTION:
Mr. Harvey advised that in view of the fact that there was a peti-
tion signed by a number of residents in the area, and also in view of
the fact that there was an understanding that the matter would be acted
on at the October 13 meeting of Council, and inasmucl~ as he voted in
the affirmative on the two previous ordinances, he offered a substitute
motion that Council recall its action on the above ordinances, and that
the matter be tabled until the regular meeting of Council on Monday,
October 13, 1986, at 7:30 p.m. The motion was seconded by Mr. Musser.
Mr. William N. Agee, 1927 Hope Road, S. W., representing Colonel
Leonard S. Becker, 1916 Walmann Road, S. W., requested that Council
postpone action on the matter until a later date.
Mr. Robert R. Caudle, representing Mrs. Edna Norton, appeared
before Council and advised that the matter has been pending on for two
months; that he does not see any reason to hold the matter over until
October 13 when Council has at least two meetings scheduled prior to
that date. He said the petition was not signed by the majority of the
people in the area; and some of the people who signed the petition knew
nothing of the negotiations contained in a letter under date of
October 21, 1980 from the City Administration.
Mr. Caudle read a letter from Mr. Charles L. Hall, 5006 Gatewood
Avenue, S. W., who signed the August 15 petition, requesting that his
name be vdthdrawn from the petition. Mr. Hall advised that he knew
nothing of the October 21, 1980, letter from the City of Roanoke to Mr.
Caudle and the subsequent letter of acceptance dated February 10, 1981,
signed by Mrs. Norton making the letter of October 21, 1980, a part of
her acceptance of the City's offer to purchase a part of her land for
the Norwood Storm Drain Project. He added that had he known of the
letters and agreement, he would not have signed the petition, noting
that the facts relative to the matter were misrepresented at the
meeting during which he signed the petition.
(For full text, see communication on file in the City Clerk's Office.)
Mr. E. Ray Varney, 1926 Hope Road, S. W., appeared before Council
and advised that he did not sign the petition nor did all the people on
Hope Road, Walmann Road or Airview Road; that he is familiar with the
October 21, 1980 letter that Mr. Caudle has in his possession, and he
is in favor of the opening of Norwood Street inasmuch as it would bene-
fit him as well as other residents of the area.
The substitute motion offered by Mr. Harvey, seconded by Mr.
Musser, was adopted by the following vote:
AYES: Council members Harvey, Musser, Trout and Mayor Taylor---4.
NAYS: Council members Garland, Bowers and Bowles 3.
The City Manager advised that his staff will meet with residents
of the area as soon as possible. He asked if it would be agreeable
with the members of Council to bring the matter back to Council prior
to October 13 if residents of the area have withdrawn their opposition.
It was the consensus of opinion by members of Council that if the
concerns of residents have been resolved, the matter may be included on
the City Council agenda on Thursday, September 25, 1986.
DIRECTOR OF FI[~NCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of July, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and unanimously adopted.
609
610
ACTION:
CITY CODE-PENSIONS-PROCUREMENT CODE: The Director of Finance sub-
mitted a written report advising that the City's procurement code
requires that procurement of any goods, services, or construction
expected to exceed $10,000.00 shall be by competitive sealed bidding
and procurement of any professional service expected to exceed
$10,000.00 shall be by competitive negotiation; and the City Attorney
has stated that although there are several exceptions to the require-
ment of competitive procurement, the procurement of investment manage-
ment service would not seem to fall within any of the current excep-
tions.
It was explained that because of the large sum of City pension
plan funds involved and if a decision to change managers is ever made
in the future, he is of the opinion that it is in the best interest of
the City to take, at times, immediate action; and the General Assembly
of Virginia, in its wisdom, amended the State Code to exempt the Vir-
ginia Supplemental Retirement System from requirements of the Public
Procurement Act in the selection of investment management advisors,
however, unfortunately, in its action, it did not provide exemption for
local retirement boards.
Mr. Schlanger pointed out that the City Attorney has advised that
it would be legally possible to amend the City's procurement ordinance
to exempt "selection of services related to the management, purchase or
sale of authorized investments of the City of Roanoke Pension Plan";
that the City Attorney has further stated that the Virginia Public
Procurement Act allows the City the flexibility to create exceptions to
the general requirement of competitive procurement and, furthermore,
although certain sections of the Virginia Public Procurement Act are
mandatory, he could find no provision which would mandate that invest-
ment management services be procurred by competitive negotiation.
Mr. Schlanger recommended that any such amendment to the City Code
take the form of adding a new subsection (h) to Section 23.1-6, Excep-
tions to requirement of competitive procurement, as follows:
"(h) Selection of services related to the manage-
ment, purchase or sale of authorized invest-
ments of the City of Roanoke Pension Plan."
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28344) AN ORDINANCE amending and reordaining §23.1-6, Excep__~
tions to requirement of competitive procurement, Code of the C~-~y of
Roanoke (1979), as amended, by the addition of a new subsection (h),
the new subsection exempting selection of services related to the mana-
gement, purchase or sale of authorized investments of the City of
Roanoke Pension Plan from the requirement of competitive procurement.
(For full text of Ordinance, see Ordinance Book No. 49, page 746.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None .......
O®
CITY CODE-MUNICIPAL AUDITOR-CITY TREASURER: The Director of
Finance submitted a written report concurring in a recommendation of
the Assistant Municipal Auditor to revise Section 2-239, of the Code of
the City of Roanoke, 1979, as amended, with reference to petty cash/-
change funds.
A report of the Assistant Municipal Auditor advising of a letter
from Gordon Peters, City Treasurer, requesting an increase in the petty
cash fund for the Treasurer's Office and further requesting that the
Municipal Auditor review his fund disbursements, was before Council.
ACTION:
ACTION:
The Assistant Municipal Auditor requested that the Director of
Finance consider a revision to Section 2-239 of the Code of the City of
Roanoke, 1979, as amended, which states: "...under no circumstances
shall any petty cash fund contain funds in excess of five thousand
dollars ($5,000.00), and no change fund shall contain funds in excess
of ten thousand dollars ($10,000.00)." It was pointed out that these
dollar limits would be more effectively used if the upper limits were
reversed; i.e., the maximum amount of petty cash funds would be
$10,000.00, and $5,000.00 for change funds.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28345) AN ORDINANCE amending and reordaining subsection (a) of
§2-239, Authority to establish petty cash and change funds, Code of the
City of Roanoke (1979), as amended, to provide for petty cash funds in
amounts not to exceed $10,000.00 and change funds in amounts not to
exceed $5,000.00; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 739.)
Mr. Garland moved the adoption of the Ordin,ance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None- O.
REPORTS OF C~4MITTEES:
STREETS AND ALLEYS-SPECIAL PERMITS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with a request for
street right-of-way encroachment at 1715 Dawn Lane, S. W.
It was explained that James S. and Anne K. Burnett have built a
residence on Lot 2, Wood-Leigh Estates; that included in their improve-
ments, but within the street right-of-way, are four brick columns,
approximately three feet tall and eighteen inches square, one on either
side of each of two driveway entrances; that the four columns are
located in the street right-of-way approximately two feet behind the
curb line and this places them approximately 5.5 feet into the street
right-of-way; that the columns constitute an encroachment in the City
right-of-way; and Mr. and Mrs. Burnett have requested a permit from
Council to allow the columns to remain in place.
Mrs. Bow1 es pointed out that the committee has reservations
regarding this type of encroachment, particularly, as future owners may
think the City has no objections to structures encroaching into the
right-of-way; and the City Manager has initiated a program of requiring
applicants for building permits to be put on notice by the City warning
against future construction of encroachment structures in the public
ri ght -of-way.
The Water Resources Committee recommended approval of the con-
ditional permit for the now pre-existing condition at 1715 Dawn Lane,
S.W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
fi rst reading:
(#28346) AN ORDINANCE granting a conditional permit for an exist-
ing structure encroaching over and into the right-of-way of Dawn Lane,
S. W., located adjacent to 1715 Dawn Lane, S. W., Official Tax No.
50/0326, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 747.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
611
612
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None .......................
CITY CODE-SIDEWALK, CURB AND GUTTER-SPECIAL PERMITS: Council
member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the committee, with reference
to allowing the property owner at 2517 Westover Avenue, S. W., to
construct steps in the public right-of-way in order to have safe access
to the public sidewalk on public right-of-way.
The staff report pointed out the general need for the City Manager
or his designee to authorize safe and prudent access from private
sidewalks and driveways onto the public sidewalks and streets, noting
that it is rare when the edge of the public sidewalk or edge of the
street pavement is identical to the common property line between the
public right-of-way and private property.
The Water Resources Committee recommended that Council concur in
the staff report and authorize the City Manager, or his designee, ko
permit in an orderly manner such encroachments as necessary to allow
usual and customary safe and properly constructed private sidewalk,
steps and driveway connections to the public sidewalks and street sur-
faces.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28347) AN ORDINANCE amending the Code of tl~e City of Roanoke
(1979), as amended, by enacting new §30-9, Sidewalk and driveway
encroachments, to delegate to the City Manager the authority to issue
permits or licenses for sidewalk and driveway encroachments under cer-
tain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 740.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................................
NAYS: None- O.
SPECIAL PERMITS-CITY PROPERTY: Council member Elizabeth T.
Bowies, Chairman of the Water Resources Committee, presented a written
report on behalf of the Committee, with reference to encroachment over
City property by Puritan Mills. ,
It was explained that the City acquired property for the jail pro-
ject which extends to the easterly wall of the Puritan Mills property
at 330-336 Campbell Avenue, S. W.; that the Puritan Mills Building
renovation project involves the installation of a wall facing and cor-
nice overhang on the east side of the structure consisting of approxi-
mately four inches of dryvit and a twenty inch wooden cornice approxi-
mately 30 feet above the surface of City property; that Breakell, Inc.,
General Contractors, has requested that Council issue a license for the
encroachment over City property, and for permission to landscape unused
City property adjacent to the building.
The Committee recommended that Council authorize a revocable
license with appropriate insurance, requiring indemnification on behalf
of the City, permitting an encroachment over City property identified
as Official Tax No. 1011313, to allow an addition to the Puritan Mills
building of a four inch facing of dryvit and a cornice twenty inches
deep which will overhang City property, and to landscape an approxima-
tely ten foot wide strip of City property adjacent to the building.
(For full text, see report on file in the City Clerk's Office.)
613
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28348) AN ORDINANCE granting a revocable license for certain
encroachments over and into City-owned property located at 324 Campbell
Avenue, S. W., bearing Official Tax No. 1011313, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 748.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ..................... 7.
NAYS: None. .0.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council member Eliza-
beth T. Bowles, Chairman of the Water Resources Committee, presented a
written report on behalf of the committee, in connection with the sale
of City owned property, identified as Official Tax Nos. 5130109 and
5130120, located on Medmont Circle, S. W., to William S. Hubard for
$20,512.00, with the purchaser to be responsible for the preparation of
the legal work necessary to accomplish the transfer of title; and legal
documents shall be in a form acceptable to the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading: .
(#28349) AN ORDINANCE providing for the sale and conveyance of
certain City-owned parcels located on Medmont Circle, S. W., and bear-
ing Official Tax Nos. 5130109 and 5130120.
(For full text of Ordinance, see Ordinance Book No. 49, page 749.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............................. 7.
NAYS: None ...........................................
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Gar-
land, Chairman of the committee appointed by the Mayor to tabulate bids
received for storm drain relocation, Exxon Roanoke Terminal, Rhodes
Avenue, N. E., presented a written report on behalf of the committee
reco~ending that Council award a unit price contract to S. C. Rossi &
Company, Inc., in the amount of $281,695.00; that all other bids be
rejected; and that the Director of Finance be authorized to appropriate
funds received from the Exxon Company to be transferred to a new
account identified by the Director of Fir. ance, in the amount of
$281,695.00, with a $29,004.22 contingency fund for the project.
(For full text, see report on lite in the Qity Clerk's Office.)
Mr. Garland offered the following ~ergency budget Ordinance:
(#28350) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 741.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ........................... O.
614
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28351) AN ORDINANCE accepting the bid of S. C. Rossi & Company,
Inc., for the relocation of a portion of the Hollins Road Storm Drain,
at the Exxon Roanoke Terminal, Rhodes Avenue, N. E., upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to tile City for the work' and providing
for an emergency. ' '
(For full text of Ordinance, see Ordinance Book No. 49, page 741.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser,
Bowles and Mayor Taylor ........
NAYS: None .........
UNFINISHED BUSINESS: NONE.
Trout, Bowers,
-0.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: Ordinance No. 28328
authorizing the execution of an agreement for the sale of approximately
twenty acres of land in the Roanoke Centre for Industry and Technology
to Orvis, Inc., or a related company specifically formed to do business
in Virginia; authorizing a right of first refusal and right to purchase
an additional eight acres; authorizing a right of entry; and authoriz-
ing the execution of the requisite deed with Orvis, having previously
been before the Council for its first reading on Monday, August 25,
1986, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#28328) AN ORDINANCE authorizing the execution of an agreement
for the sale of approximately twenty acres of land in the Roanoke
Centre for Industry and Technology to Orvis, Inc., or a related company
specifically formed to do business in Virginia; authorizing a right of
first refusal and right to purchase an additional eight acres; authori-
zing a right of entry; and authorizing the execution of the requisite
deed with Orvis.
(For full text of Ordinance, see Ordinance Book No. 49, page 736.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........... -7.
NAYS: None ....... -0.
BUDGET-CITY CODE-TAXES: Ordinance No. 28333 amending and reor-
daining §32-106, Penalties and interest on delinquencies - Generally,
and §32-108, _Taxpayer's return - Generally, Code of t'he City of Roanoke
(1979), as amended, to provide for penalties for failure to pay per-
sonal property tax by' May 31 of each tax year and for failure to file
the required return by February 15 of each tax year; to establish a
mandatory filing date of February 15 for personal property tax returns;
to authorize the Commissioner of Revenue to grant extensions of the
filing date for such returns; and to provide for an effective date of
January 1, 1987, having previously been before the Council for its
first reading on Monday, August 25, 1986, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
m
ACTION:
ACTION:
ACTION:
615
(#28333) AN ORDINANCE amending and reordaining §32-106, Penalties
and interest on delinquencies -Generall~o, anaonkde §32_108, Taxpayer's re-
turn - Generallj/, Code of the City of (1979), as amended, to
provide for penalties for failure to pay personal property tax by
May 31 of each tax year and for failure to file the required return by
February 15 of each tax year; to establish a mandatory filing date of
February 15 for personal property tax returns; to authorize the
Commissioner of Revenue to grant extensions of the filing date for such
returns; and to provide for an effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 131.)
Mr. Trout moved the adoption of the Ordinance. The m~tion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ........... ---0.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:00 p.m., the meeting reconvened in the Council Chamber, Nth
Mayor Taylor presiding, and all members of the Council in attendance.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
AIRPORT: Mr. Harvey advised that it had been indicated previously
that he would have remarks concerning the proposed airport commission
process, but in the interest of ongoing negotiations he would refrain
from making remarks.
CITY ATTORNEY-DIRECTOR OF FINANCE-CITY CLERK-MUNICIPAL AUDITOR:
The Mayor advised that the two year terms of Wilburn C. Dibling, Jr.,
City Attorney; Joel M. Schlanger, Director of Finance; Mary F. Parker,
City Clerk; and William L. Brogan, Municipal Auditor, will expire on
September 30, 1986, and called for nominations to fill the upcoming
vacancies.
Mr. Harvey placed in nomination the names of Wilburn C. Dibling,
Jr., as City Attorney; Joel M. Schlanger as Director of Finance;
Mary F. Parker as City Clerk; and William L. Brogan as Municipal
Auditor.
There being no further nominations, Mr. Diblin9, was reelected as
City Attorney; Mr. Schlanger was reelected as Director of Finance; Ms.
Parker was reelected as City Clerk; and Mr. Brogan was reelected as
Municipal Auditor for terms of two years each commencing October 1,
1986, and ending September 30, 1988, by the following vote:
FOR MR. DIBLING, MR. SCHLANGER, MS. PARKER AND MR. BROGAN:
Council members Garland, Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ 7.
OTHER HEARINGS OF CITIZENS: NONE.
CELEBRATIONS: The Mayor advised that the one year term of Linda
Hart-Copenhaver as a member of the Special Events Committee expired on
June 30, 1986, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Linda Hart-Copen-
hayer.
There being no further nominations, Mrs. Hart-Copenhaver was
reelected as a member of the Special Events Committee for a term ending
June 30, 1987, by the following vote:
FOR MRS. HART-COPENHAVER: Council members Garland, Harvey,
Musser, Trout, Bowers, Bowles and Mayor Taylor ........... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Linda Hart-Copenhaver, Charles A. Price, Jr. and Gary Jo Foutz, as
members of the Citizens' Advisory Committee -- City Wide Park Study,
expired on June 30, 1986, and called for nominations to fill the vacan-
cies.
616
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination the names of Linda Hart-Copen-
haver, Charles A. Price, Jr., and Gary J. Foutz.
There being no further nominations, Mrs. Hart-Copenhaver and
Messrs. Price and Foutz, were reelected as members of the Citizens'
Advisory Committee -- City Wide Park Study, for terms ending June 30,
1987, by the following vote:
FOR MRS. HART-COPENHAVER AND MESSRS. PRICE AND FOUTZ: Council
members Garland, Harvey, Musser, Trout, Bowers, Bowl es and Mayor
Tay] or ....... . ....... 7.
EMERGENCY MEDICAL SERVICES: The Hayor advised of the necessity to
appoint members to the Emergency Medical Services Advisory Committee;
whereupon, Mr. Bowers placed the following names in nomination:
Ms. Carol Gilbert
Mr. Thomas S. McCallie
Mr. Kenneth C. King, Jr.
Mr. Garry Lautenschlager
Mr. Pat rick Scott Winston
Mr. Sidney F. Robertson
Ms. Judy D. Witcher
Mr. Lewis W. Peery
Mr. Douglas H. Hyre
Mr. David C. Anderson
Mr. Warren E. Trent
Mr. John E. Eure
Inasmuch as Messrs. McCallie, Lautenschlager, Robertson, Trent and
Winston are not residents of the City of Roanoke, Mr. Bowers moved that
the City residency requirement be waived in this instance. The motion
was seconded by Mr. Musser and unanimously adopted.
There being no further nominations, Ms. Gilbert, Ms. Witcher and
Messrs. McCallie, King, Lautenschlager, Winston, Robertson, Peery,
Hyre, Anderson, Trent and Eure, were elected as members of the Emer-
gency Medical Services Advisory Committee for terms ending dune 30,
1987, by the following vote:
FOR MS. GILBERT, MS. WITCHER AND MESSRS. MCCALLIE, KING,
LAUTENSCHLAGER, WINSTON, ROBERTSON, PEERY, HYRE, ANDERSON, TRENT AND
EURE: Council members Garland, Harvey, Musser, Trout, Bowers, Bowles
and Mayor Taylor ....... 7.
ROANOKE VALLEY REGIONAL HEALTH SERVICES PLANNING COUNCIL: The
Mayor advised that there is a vacancy on the Roanoke Area Health
Council created by the resignation of Ross C. Hart, for a term ending
August 31, 1987, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of John P. Fishwick, Jr.
There being no further nominations, Mr. Fishwick was elected as
the City's representative to the Roanoke Area Health Council, to fill
the unexpired term of Ross C. Hart, resigned, for a term ending
August 31, 1987, by the following vote:
FOR MR, FIS)CWICK: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ ---7.
PARKS AND PLAYGROUNDS: The Mayor advised that there is a vacancy
on the Roanoke Ne(~hborhood Partnership Steering Committee, created by
the resignation of Anne P. Glenn, for a term ending November 16, 1988,
and called for nominations to fill the vacancy.
Mr. Harvey placed in nominal~ion the name of Virgil L. Rogers.
There being no further nominations, Mr. Rogers was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Anne P. Glenn, resigned, for a term ending
November 16, 1988, by the following vote:
FOR MR. ROGERS: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...... --7.
AT[EST:
There being no further business, the Mayor declared the meeting
adjourned at 10:05 p.m.
APPROVED
City Clerk
617
Mayor
618
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 25, 1986
2:00 p.m.
The Council of the City of Roanoke met in ~eg~lar meeting-'tn th~
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Thursday, September 25, 1986, at 2:00 p.m., the regu-
lar meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 28311, adopted on
Monday, August 11, 1986.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland, and
Mayor Noel C. Taylor ........... .---7.
ABSENT: None .................
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for the Round Hill Pump Station, said proposals to be received by the
City Clerk until 1:30 p.m., on Thursday, September 25, 1986, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids,' and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER LUMP SUM BID
Mid-State Construction Company, Inc.
Mechanical & Plumbing, Inc.
Construction Services of Roanoke, Inc.
Tipton Construction Company
Acorn Construction, Ltd.
$50,860.00*
59,322.00
64,000. O0
68,830. O0
69,500. O0
*See Alterations to Bid Form
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Charles M. Huffine as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and a
matter relating to disposition of publicly held property.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
619
MINUTES: Minutes of the regular meeting of Council held on
Monday, August 25, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ..................... 7.
NAYS: None ........... O.
BUILDINGS: A communication from J. Oliver Stein tendering his
resignation as a member of the Board of Adjustments and Appeals,
Building Code, effective September 30, 1986, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the co~nunication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ 7.
NAYS: None .......... O.
STREETS AND ALLEYS-COMPLAINTS: A report of the City Manager
advising that pursuant to Council's directive, the Director of Public
Works is presently working with the residents of the Norwood Street
area to establish a time and place for a community meeting, advising
that the administration did not succeed in its initiative to meet with
the area residents in time to get the report on the September 25
agenda, however, a report will be placed on the October 13 agenda for
Council's consideration, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............. 1.
NAYS: None .............. .0.
ANNUAL REPORTS-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SCIENCES: An annual report of the Board of Directors of the Western
Virginia Foundation for the Arts and Sciences, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 1.
NAYS: None .......... O.
CITY ATTORNEY-DIRECTOR OF FINANCE-CITY CLERK-MUNICIPAL AUDITOR: A
report of qualification of Wilburn C. Dibling, Jr., as City Attorney,
William L. Brogan, as Municipal Auditor, Joel M. Schlanger, as Director
of Finance, and Mary F. Parker, as City Clerk, for terms of two years
each commencing October 1, 1986, and ending September 30, 1988, was
before Coun:il.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
620
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ...............
-0.
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Beverly T. Fitzpatrick, Jr, Stanley R. Hale and W. Robert Herbert as
members of the Economic Development Commission for terms ending
August 10, 1989, was before Council.
(See Oaths of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fo{]owin9 vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None ........ -0.
HOUSING: A report of qualification of Hallie B. Alber§otti as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority
for a term of four years ending August 31, 1990, was before Council.
(See Oath of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None ........... O.
COUNCIL: A communication from Mayor Noel C. Tay]or requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and conmdttees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Harvey, Russet, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............. 7.
NAYS: None .......... .0.
COUNCIL: An oral request of the City Attorney that Council meet
in Executive Session to discuss a matter of disposition of publicly
held property, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended, was before the body.
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of dis-
position of publicly held property, pursuant to Section 2.1-344 (a)
(6), Code of Virginia (1950), as amended. The motion was seconded by
Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None .......
.0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTION:
C~MBER OF C~4MERCE: Messrs. Peter W. Kipp, President, and
Michael L. Ramsey, Executive Director, appeared before Council and pre-
sented an informational update on behalf of the Roanoke Valley Conven~
tion and Visitors Bureau since it was restructured, effective July 1,
1984. They expressed appreciation for financial as well as moral sup-
port in their marketing efforts.
Mr. Ramsey addressed the economic impact of travel to the local
economy. He presented each member of Council with a marketing package
which is used to market the Roanoke area.
Mr. Kipp summarized the presentation by advising that competition
among Virginia cities and localities for meetings and conventions is
fierce, and Council's continued financial support is needed to enable
the marketing of the assets of the Roanoke Valley in the best possible
way. He said that on July 1, 1987, the Bureau is desirous of adding a
full-time sales representative and increase its advertising expen-
diture, and the benefits to the community will continue to increase as
the Bureau continues to grow.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council temporarily transfer $257,977.00 from the
Schools' Capital Fund account for the purchase of school buses and
school activity vehicles, advising that the transferred funds will be
restored to the Building Modernization and Renovation Account on
receipt of the Schools' share of the fiscal year 1985-86 Capital Main-
tenance and Equipment Replacement Fund, noting that the purchase of the
vehicles is urgently required to provide for the safe transportation of
students, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Building
Modernization Account will be repaid upon release of the fiscal year
1986 Capital Maintenance and Equipment Replacement Program funds, and
recommending that Council concur in the request of the School Board,
was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28352) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 749.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... -7.
NAYS: None ......... .---0.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts:
Grant 6117
$500,000.00 for the Chapter I Carry-
over program to provide reading,
1 anguage arts, and mathematics
instruction for students in targeted
schools. The program will be reim-
bursed one hundred per cent by
federal funds.
621
622
Grant 6118
$1,521,235.00 for the Chapter !
Winter Program to provide reading,
1 anguage arts, and mathemati cs
instruction for students in targeted
schools. The program will be reim-
bursed one hundred percent by
federal funds.
Grant 621/
- $183,765.00 for the 1986-87 Chapter
I! Block Grant to provide funds for
tile improvement of teacher's educa-
tional skills and for elementary
guidance. The program will be reim-
bursed one hundred per cent by fed-
era1 funds.
Grant 6218 - $20,065.00 for the 1986 Staff Deve-
lopment, Title I! Program Lo provide
tuition assistance to appropriate
teachers to complete courses needed
for a particular mathematics or
science endorsement and for endorsed
teachers to complete courses which
update their knowledge and skills.
The program will be reimbursed one
hundred per cent by federal funds.
Grant 6726
$12,235.00 for the Vocational Guid-
ance Program to provide funds to aid
vocational guidance and counseling
by middle/junior high school pro-
grams with emphasis on the improve-
ment of career awareness, orienta-
tion, and exploration. The program
will be'reimbursed fifty per cent by
federal funds with local match in
the amount of $7,000.00.
Grant 6909 - $42,331.00 for the federally funded
Impact Aid Program.
Grant 6923 - $20,000.00 for the Magnet Schools
Program to provide a planning budget
for the development of magnet pro-
grams in visual and performing arts
(grades 7 - 12), technology (grades
1 - 9), and elementary arts and
humanities.
Grant 6924
$37,177.00 for the Technical Assis-
tance Program to provide funds for
engineering studies to be performed
at five schools. The program will
be reimbursed sixty per cent by
federal funds with the remaining
forty per cent provided by local
match.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of F.inance advising that the Chapter I
Carryover, Chapter ! Winter, Chapter I! Block Grant, Title II Staff
Development and Impact Aid are 100% federally funded; that the
Vocational Guidance, Magnet Schools and Technical Assistance Programs
are federally funded with a local match, and recommending that Council
concur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28353) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 750.)
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the fo)lowing vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ _ ...... 7.
NAYS: None ........
REPORTS OF OFFICERS:
623
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUILDINGS: The City Manager submitted a written report advising
that the present Property Maintenance Code was adopted by Council,
effective July 1, 1981, to establish standards of maintenance for
existing structures, residential and non-residential; that adoption of
the Code was pursuant to the recommendation of the Housing Rehabilita-
tion Task Force, as part of the City's neighborhood revitalization
efforts; and Code Enforcement authority has enhanced the City's and
neighborhood efforts to improve the City's housing stock.
It was explained that the Statewide Building Maintenance Code has
been adopted by the State Board of Housing and Community Development,
as authorized by the General Assembly, to be effective October 1, 1986,
as Volume II of the Uniform Statewide Building Code; that the City's
current Property Maintenance Code will be superceded by the Statewide
Building Maintenance Code and will no longer apply as of October 1,
1986; that adoption by the City of the State's new Building Maintenance
Code is optional but is necessary to continue the City's enforcement
authority over maintenance and conditions of existing structures, i.e.,
if the City has a code regulating such maintenance, it must be the
State's new Code.
The City Manager recommended that Council adopt Volume II
(Building Maintenance Code) of the Uniform Statewide Building Code,
effective October 1, 1986; appoint the City's Building Commissioner as
the enforcing Code official; establish a Building Maintenance Division
of the Building Code Board of Appeals; and adopt an ordinance imposing
conditions and restrictions on transferring property cited as in viola-
tion of the Maintenance Code, and requiring that certain notices be
given to the transferee and the Code official.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28354) AN ORDINANCE amending and reordaining the Code of the
City of Roanoke (1979), as amended, by repealing Article II, Property
Maintenance Code, of Chapter 16, Housing, and by adding a new Article
'II.1, ~uildin9 Maintenance Code, to Chapter 7, Building Regulations, in
order to adopt Volume 'II, Building Maintenance Code of the Virginia
Uniform Statewide Building Code (1984 Edition); and providing for an
effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 758.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........
NAYS: None ......... O.
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
624
ACTION:
ACTION:
(#2835_5.) AN ORDINANCE dissolving the Property Maintenance Code
Appeals Board; creating a Building Maintenance Division of the City's
Board of Building Code Appeals; appointing the Building Conm~issioner as
the enforcing orificial of the Building Maintenance Code; and providing
for an effective date.
(For full text of Ordinance, see Ordinance Book No, 49, page 759.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .............. 7.
NAYS: None .......... --0.
TRAFFIC: The City Manager submitted a written report advising
that on June 2, 1986, Council adopted Ordinance No. 28181 which allowed
for increased fines for handicapped parking violations at Roanoke
Regional Airport, Woodrum Field, and asked the City Manager to review
the issue of parking ticket fines elsewhere in the City.
The City Manager recommended that Council approve an increase in
parking ticket fines as follows:
increase meter ordinance to $ 5.00
increase overtime parking to $ 5.00
increase blocking fire plug to $10.00
increase handicapped parking to $25.00
increase penalty for late payment to $10.00
It was noted that Virginia Western Community College endorses this
recommendation; that Downtown Roanoke, Inc., also endorses the recom-
mendation; and the Police Department will notify establishments having
designated handicapped parking spaces that are inadequately signed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(//28356) AN ORDINANCE amending and reordaining subsection (b) of
(}20-89, Penalties for unlawful parking, of the Code of the City of
Roanoke (1979), as amended, to provide for increased penalties for
parking violations and late payments of fines; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 49, page 760.)
Mr. Edmund A. Damus, 1920 Deyerle Road, .S.W., appeared before
Council and suggested that a one hour minimum and a two hour maximum be
imposed on all parking meters.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... .7.
NAYS: None .......... O.
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Rental Rehabilitation Program is a cooperative pro-
gram among HUD, the Roanoke Redevelopment and Housing Authority and the
City, to encourage rehabilitation of privately-owned rental property;
and the Program provides two types of subsidies:
625
Rehabilitation subsidies to property owners, equal
to one-thi rd of rehabi]itation cosl~ up to
$5,000.O0/apartment. This takes the form of a for-
givable deferred payment loan, also known as a
conditional grant.
Rental subsidies to low-income tenants so they may
stay in the apartment after it is repaired and the
rent is increased. The tenants may use the subsidy
to move elsewhere.
It was noted that Roanoke's allocations in the previous two years
of the Rental Rehabilitation Program totalled $215,300.00 for rehabi-
litation subsidies; that these allocations provided renovation to 45
apartment units in 24 buildings, at a total cost of $734,690.00; and
Roanoke was the first locality in Virginia to use all of its allocation
for the Rental Rehabilitation Program.
The City Manager advised that the 1986 Rental Rehabilitation Pro-
gram has been announced with Roanoke's a)location at $51,000.00; that
Council endorsed the City's application for the 1986 allocation by
action on July 14, 1986; that the City's application has been approved
by HUD; and execution of the grant agreement with HUD to accept the
funds, and of a Memorandum of Understanding with the Housing Authority
to specify the arrangements between that agency and the City are neces-
sary to begin implementation of the Program.
The City Manager recommended that Council authorize him to execute
the Grant Agreement with HUD accepting 1986 Rental Rehabilitation Pro-
gram funds, and the Memorandum of Understanding with the Housing Autho-
rity for the administration of the program, all to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28357) AN ORDINANCE accepting a Rental Rehabilitation Program
Grant from the United States Department of Housing and Urban Develop-
ment; authorizing the execution of the requisite grant agreement;
authorizing the execution of a memorandum of understanding with the
City of Roanoke Redevelopment and Housing Authority pertaining to the
administration of the Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 752.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... 7.
NAYS: None- O.
BUDGET-CONMONWEALTH'S ATTORNEY: The City Manager submitted a
writte~ report concurring in a request of the Commonwealth's Attorney
with regard to appropriation of funds for capital outlay.
i
The Com~nonwealth's Attorney advised that his budget submitted to
the State Compensation Board included $9,900.00 in capital outlay for
the purchase of office automation equipment and furniture; that his
1986-87 supplemental budget submitted to the City also included this
request; that his 1986-87 budget approved by the State Compensation
Board included $5,500.00 in capital outlay, but the budget approved by
Council did not provide funding for capital outlay, according to budge-
tary guidelines.
The Commonwealth's Attorney recommended that Council appropriate
state approved funds, in the amount of $5,500.00, to Capital Outlay in
the Commonwealth's Attorney's budget and increase the revenue estimate
for shared expenses - Commonwealth's Attorney in order that much needed
office equipment may be purchased.
(For full text, see report on file in the City Clerk's Office.)
626
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#28358) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 752.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Counci] members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None ....
-0.
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that the City of Roanoke is being asked to
grant an option to purchase 28.1 acres of land to Nicholas F. Taubman;
that the proposed project entails construction of a 150,000 square feet
distribution center for Advance Auto costing $5,000,000.00 and involv-
ing the creation of approximately 100 initial new jobs at the site and
80 additional new jobs in Advance offices city-wide; and the option
would be for $1,000.00 to expire on March 31, 1987, with a purchase
price for the parcel at $7,500.00 per acre, or $210,750.00 total.
It was explained that the conditions of sale include the extension
of utilities and roadway to the site, the grading of the site, and
relocation of the road to Blue Hil)s Golf Club; that the City will have
five months to complete work before closing on the property; and
Advance Auto is providing the City with a letter of credit to cover the
grading costs should they not go forward with the project once the City
has completed its work.
The City Manager recommended that he be authorized to execute an
option with Nicholas F. Taubman, for 28.1 acres of land in the Roanoke
Centre for Industry and Technology.
(For full text, see report on file in the City Clerk's Office.)
Hr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28359) AN ORDINANCE authorizing the execution of an option and
deed for the sale of 28.1 acres of land in the Roanoke Centre for
Industry and Technology to Nicholas F. Taubman.
(For full text of Ordinance, see Ordinance Book No. 49, page 761.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None .........
CITY EMPLOYEES: The City Manager submitted a written report
advising that mileage reimbursement at the rate of .205~ per mile for
the first 15,000 miles and 11)Z per mile for additional travel per
fiscal year has been made to City employees utilizing their personal
automobiles in the performance of City business; that the rate was
established on May 21, 1984; and mileage reimbursement rates paid by
the Commonwealth have been increased by action of the 1986 General
Assembly, and House Bill 30 established the following rates:
21¢ per mile for the first 15,000 miles
11~ per mile for additional miles of such use in a
fiscal year.
ACTION:
ACTION:
It was explained that the effective date of House Bill 30 was
July 1, 1986, relative to mileage reimbursement; that the Internal
Revenue Service permitted the same mileage rates to be utilized in
determining deductible costs for business use of personal cars for
calendar year 1985; and Resolution No. 27029, adopted on May 21, 1984,
needs to be amended at this time in order to permit the new reimbur-
sement rates Lo be paid.
The City Manager recommended that Council adopt the appropriate
measure which establishes the increased mileage reimbursement rates,
and establishes an effective date of October 1, 1986.
(For full text, see report on file in the City Clerk's Office.)
,Mr. Musser offered the following Resolution:
(#28360) A RESOLUTION establishing the rate of reimbursement per
mile to be paid to officers and employees of the City for use of priva-
tely owned personal motor vehicles on City business; and providing for
an effective date.
(For full text of Resolution, see Resolution Book No. 49, page 753.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ........
.0.
TOTAL ACTION AGAINST POVERTY: The City Manager submitted a writ-
ten report advising that Total Action Against Poverty was established
with the assistance of Council to help provide needed services to low
income residents; that the City's support of TAP activities has been in
the form of funding, technical assistance, and the appointment of a
City Council member to serve on its Board of Directors.
It was explained that the Gramm-Rudman Act and other efforts to
reduce federal spending have diminished TAP's ability to provide ser-
vices at the level at which they are being demanded; that State aid to
community action agencies statewide is now being sought to help offset
the reduction in federal aid; and TAP has requested that Council adopt
a measure in support of state aid for existing local community action
agencies statewi de.
The City Manager recommended that Council adopt a measure which
requests that the Commonwealth of Virginia provide funding for existing
community action agencies statewide in its 1987 budget.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28361) A RESOLUTION expressing the City's support of Total
Action Against Poverty in Roanoke Valley, Inc., and requesting the
Commonwealth to fund existing con~aunity action agencies.
(For full text of Resolution, see Resolution Book No. 49, page 753.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ -7.
NAYS: None -0.
BUDGET-CITY CLERK-EQUIPMENT: The City Manager submitted a written
report concurring in a recommendation of the Bid Committee with regard
to the purchase of word processing equipment for the City Clerk's
Of fi ce. '
627
628
ACTION:
ACTION:
The Committee recommended that Council accept tile lowest respon-
sible bid submitted by Acme Business Machines to provide word proces-
sing equipment for the City Clerk's Office, in the amount of $9,536.00;
reject all other bids; and appropriate $9,536.00 to the City Clerk's
Account No. 001-001-1120-9005 to provide funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the followin9 emergency budget Ordinance:
(#28362) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providin9 for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 754°)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... -7.
NAYS: None ........ ----0.
Mr. Harvey offered the following emergency Ordinance:
(#28363) AN ORDINANCE acceptin9 a bid for providing word pro-
cessing equipment for the City Clerk's Office; rejecting all other bids
made to the City; and providin9 for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 755.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the followin9 vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... .7.
NAYS: None ......... O.
REPORTS OF CO(4MITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Maher Field improvements at the Roanoke Sports Complex,
presented a written report on behalf of the con~ittee, recommending the
following action:
Award a lump sum contract to the low bidder, Brea-
kell, Inc., to perform all the work included in the
Base Bid, in the amount of $527,318.00, with a con-
struction time of 180 consecutive calendar days.
Establish a job contingency of $26,366.00, for a
total project construction cost of $553,684.00.
Authorize the appropriation and transfer of
$553,684.00 from the following sources into a new
capital account to be established by the Director
of Finance for the subject project:
1985 Park Bond funds
Account No. 008-052-9577-9180 ........ $ 49,000.00
Sports Complex
Account No. 008-050-9518-9003 ........
60,000.00
Undesignated Capital Funds ........... 444,684.00
Total $553,684.00
629
ACTION:
ACTION:
It was further recommended that all other bids be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28364) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 755.)
Mr. Gar]and moved tile adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the fo]lowing vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None- O.
Mr. Garland offered the following emergency Ordinance:
(#28365) AN ORDINANCE accepting the bid of Breakell, Inc., of
Roanoke, Virginia, for the construction of the Roanoke Sports Complex -
Maher Field Improvements, Phase II-B, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 756.)
Mr. Garland moved the adoption of the Ordinance. The n~)tion was
seconded by Mrs. Bowles and adopted by the fo]lowing vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None-
Oe
AIRPORT: A report of the Airport Advisory Commission concurring
in a staff recommendation that Council renew the lease with Emery Air
Freight Corporation for a term of three years with an option for an
additional term of two years, was before the body.
The staff report pointed out that Emery Air Freight leases
1,809.12 square feet of floor space in the airport air cargo building
under a lease agreement dated September 1, 1976, as amended; that the
rental is $4.50 per square foot or $8,141.04 annually; that the present
lease authorized by Ordinance No. 25756 dated September 28, 1981, is
for a term of five years from September 1, 1981, to August 31, 1986;
and renewal of the lease was requested by Emery Air Freight Corporation
in a letter under date of March 6, 1986.
The staff report recommended that the Commission approve and
recommend to Council for approval, the execution of a new lease agree-
ment at $5.41 per square foot or $9,787.34 per year.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28366) AN ORDINANCE authorizing the renewal of a lease
agreement between the City and Emery Air Freight Corporation for space
in the Airport air cargo building at the Roanoke Regional Airport,
Woodrum Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page
ACTION: The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- . .......... 7.
NAYS. Nnn~-- - ......
630
ACT[OR:
ACT[ON:
AIRPORT: A report of the Airport Advisory Commission concurring
in a staff report that Counci! renew the lease with Circle "T" Mobile
Home Community for property adjacent to the airport, for a term of five
years and adjust the monthly rental to reflect an 8.6 per cent increase
from $450.00 to $489.00 per month, was before Council.
The staff report pointed out that Circle "lr'' Mobile Home Com-
munity, which is operated by Billy R. and Clydis M. Neely, jointly
lease from the City 3.63 acres of Roanoke Regional Airport property;
that the property is located on the north side of the Airport, fronting
Route 117 and Thirlane Road, N. W.; that the present lease authorized
by Ordinance No. 25622, as amended, was for a term of five years from
July 2, 1981, to June 30, 1986; and continuation of the lease was
requested by Billy R. Neely pursuant to letter under date of March 21,
1986.
The staff recommended that the Commission approve and recommend to
Council for approval a lease for a term of five years; and that the
monthly rental be adjusted to reflect an 8.6 per cent increase in
Consumer Price Index from the last rental increase from $450.00 to
$489.00 per month.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#2836?) AN ORDINANCE authorizing the renewal of a lease
agreement between the City and Billy R. Neely and Clydis M. ~ely of
3.63 acres of City property adjacent to the Roanoke Regional Airport,
Woodrum Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 761.)
ll~e motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Harvey, Musser,
Garland and Mayor Taylor .......
NAYS: None .........
UNFINISHED BUSINESS: NONE.
Trout, Bowers, Bowles,
O®
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28339 rezoning a certain tract of land con-
taining 2.21 acres, located at WoodbridgeAvenue and Peters Creek Road,
N. W., designated as a portion of Official Tax No. 6141403, from RG-1,
General Residential District, to C-2, General Commercial District, sub-
ject to certain proffered conditions, having previously been before the
Council for its first reading on Monday, September 8, 1986, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adopti on:
(#28339) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 742.)
Mrs. Bowles moved the adoption of tile Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser,
Garland and Mayor Taylor .........
NAYS: None .........
Trout, Bowers, Bowles,
.0.
631
ACTION:
ZONING: Ordinance No. 28340 rezoning a tract of land fronting on
Shenandoah Avenue, N. W., designated as Official Tax No. 2720602, from
C-2, General Commercial District, to LM, Light Manufacturing District,
and a portion of a tract of land located on Westside Boulevard, N. W.,
designated as Official Tax No. 2720601, from RS-3, Single Family
Residential District, to LM, Light Manufacturing District, subject to
certain proffered conditions, having previously been before the Council
for its first reading on Monday, September- 8, 1986, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second readin9 and final adoption:
(#28340) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 272, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 743.)
Mr. Bowers moved the adoption of the Ordinance. The n~tion was
seconded by Mr. Garland and adopted by the followin9 vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... ----7.
NAYS: None .......
.0.
STREETS AND ALLEYS: Ordinance No. 28341 permanently vacating,
discontinuing and closing a portion of Plateau Road, S. E., bounded by
certain tracts of land designated as Official Tax Nos. 4440710,
4440711, 4440712, 4440729, 4440730 and 4440731, having previously been
before the Council for its first reading on Monday, September 8, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
ACTION:
(//28341) AN ORDINANCE permanently vacating, discontinuin9 and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 744.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... . .... 7.
NAYS: None ........
STREETS AND ALLEYS: Ordinance No. 28342 permanently vacating,
discontinuing and closing a portion of Airport Road, N. W., having pre-
viously been before the Council for its first reading on Monday,
September 8, 1986, read and adopted on ils first reading and laid over,
was again before the body, Mr. Harvey offering the following for its
second reading and final adoption:
(//28342) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 745.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ 7.
NAYS: None .......... ---0.
632
ACTION:
ACTI ON:
ACTION:
CITY CODE-PROCUREMENT CODE-PENSIONS: Ordinance No. 28344 amending
and reordaining §23.1-6, Exceptions to requirement of competitive pro-
curement, Code of the Cit~ of Roanoke (1~79), as amended, by the addi-
tion of a new subsection (h), the new subsection exempting selection of
services related to the management, purchase or sale of authorized
investments of the City of Roanoke Pension Plan from the requirement of
competitive procurement, having previously been before the Council for
its first reading on Monday, September 8, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#28344) AN ORDINANCE amending and reordaining (}23.1-6, Excep-
tions to requirement of competitive procurement, Code of the City of
Roanoke (1979), as amended, by the addition of a new subsection (h),
the new subsection exempting selection of services related to the mana-
gement, purchase or sale of authorized investments of the City of
Roanoke Pension Plan from the requirement of competitive procurement.
(For full text of Ordinance, see Ordinance Book No. 49, page 746.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ --7.
NAYS: None ........
BUILDINGS-CITY PROPERTY-SPECIAL PERMITS: Ordinance No. 28346
granting a conditional permit for an existing structure encroaching
over and into the right-of-way of Dawn Lane, S. W., located adjacent to
1715 Dawn Lane, S. W., Official Tax No. 5070326, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, September 8, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28346) AN ORDINANCE granting a conditional permit for an exist-
ing structure encroaching over and into the right-of-way of Dawn Lane,
S. W., located adjacent to 1715 Dawn Lane, S. W., Official Tax No.
5070326, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 747.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None .........
-0.
SPECIAL PERMITS-CITY PROPERTY: Ordinance No. 28348 granting a
revocable license for certain encroachments over and into City-owned
property located at 324 Campbell Avenue, S. W., bearing Official Tax
No. 1011313, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, September 8, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the fo)lowing for its second reading and
final adoption:
(#28348) AN ORDINANCE granting a revocable license for certain
encroachments over and into City-owned property located at 324 Campbell
Avenue, S. W., bearing Official Tax No. 1011313, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 748.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ....... O.
633
ACTION:
ACTION:
ACTION:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 28349 pro-
viding for the sale and conveyance of certain City-owned parcels
located on Medmont Circle, S. W., and bearing Official Tax Nos. 5130109
and 5130120, to William S. Hubard for $20,512.00, having previously
been before the Council for its first reading on Monday, September 8,
1986, read and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for its second
reading and final adoption:
(//28349) AN ORDINANCE providing for the sale and conveyance of
certain City-owned parcels located on Medmont Circle, S. W., and bear-
ing Official Tax Nos. 5130109 and 5130120.
(For full text of Ordinance, see Ordinance Book No. 49, page 749.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None .................
LEGISLATION-COMMONWEALTH OF VIRGINIA BUILDING: Mr. Trout offered
the following Resolution urging the Commonwealth of Virginia to agree
to an amendment to its lease with the City of Roanoke to permit the
renaming of the former United States Post Office and Courthouse, now
known as the Commonwealth of Virginia Building, in honor of the late
Honorable J. Lindsay Almond, Jr.:
(//28368) A RESOLUTION urging the Commonwealth of Virginia to
agree to an amendment to its lease with the City of Roanoke to permit
the renaming of the former United States Post Office and Courthouse,
now known as the Commonwealth of Virginia Building, in honor of the
late Honorable J. Lindsay Almond, Jr.
(For full text of Resolution, see Resolution Book No. 49, page 757.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser.
Mr. Garland expressed the opinion that the Commonwealth of Virgi-
nia Building is appropriately named and neither Governor Almond or
Governor Dalton had anything to do with the location of the building;
whereupon, Mr. Garland offered a substitute motion that the Resolution
be tabled and that the building continue to bear the name Commonwealth
of Virginia Building. The substitute motion was seconded by Mrs.
Bowl es.
The Mayor called upon the City Attorney for a ruling as to whether
or not the substi, tute motion is an appropriate motion; whereupon, the
City Attorqey advised that a substitute mot. io.n.~s.~l~ays,.i.n order.
~ ,I ~..~,.
Mr. Trout inquired if the substitute motion has to ~e offered by a
member of Council who voted with the majority. The City Attorney
responded that to reconsider a matter, it must be brought to the floor
by a member of Council who voted with the majority; however, Mr.
Garland's substitute motion is not a motion to reconsider.
Following discussion, the substitute motion was lost by the following
vote:
AYES: Council members Garland, Bowles and Mayor Taylor ......... 3.
NAYS: Council members Bowers, Harvey, Musser and Trout ......... 4.
Resolution No. 28368 was then adopted by the following vote:
AYES: Council members Harvey, Musser, Trout and Bowers
.4.
NAYS: Council members Bowles, Garland and Mayor Taylor ......... 3.
634
NATIONAL LEAGUE OF CITIES: Mr. Trout offered the following Reso-
lution designating Mayor Noel C. Taylor as the Voting Delegate and
Vice-Mayor Howard E. Musser, as the Alternate Voting Delegate for the
Annual Business Session of the Congress of Cities to be held in San
Antonio, Texas, on November 29 to December 3, 1986:
ACTION:
(#28369) AN RESOLUTION designating
Alternate Voting Delegate for the Annual
Congress of Cities.
a Voting Delegate and
Business Session of the
(For full text of Resolution, see Resolution Book No. 49, page 758.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None-- O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
BUSES: Mr. H. Joel Kelly, 1113 Penmar Avenue, S. W., requested
that Council adopt a measure recognizing the contributions of Valley
Metro to elderly and mentally and physically handicapped citizens.
ACTION:
Mr. Trout moved that the request be referred to the City Maqager
for report to Council. The motion was seconded by Mr. Garland and una-
nimously adopted.
COMPLAINTS-FLOODS: Mr. Terry Beriman, 602 Leslie Lane, N. W.,
appeared before Council with regard to the matter of flooding in the
Peters Creek Road area. He referred to numerous unsuccessful attempts
to receive assistance from the City. The City Manager advised that the
Director of Public Works would meet with Mr. Beriman to discuss his
concerns.
ACTION: Mr. Trout moved that the matter be referred to the City Manager.
The motion was seconded by Mr. Garland and unanimously adopted.
There being no further business, the Mayor declared the meeting
adjourned at 3:40 p.m.
ATTEST: ~)~
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 6, 1986
2:00 p.m.
635
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 6, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule Regular
Meetinf~s, of Section 2-15, Rules of Procedure, Code of the City olf' ROanoke
'(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II and Mayor
Noel C. Taylor- 7.
ABSENT: None .... O,
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. William X Parsons, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Robert Hamner,
Pastor, Grandin Court Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
INDUSTRIES: Pursuant to notice of advertisement for bids for site
grading for the Orvis, Inc., Fulfillment Center, Roanoke Centre for
Industry and Technology, said proposals to be received by the City
Clerk until 1:30 p.m., on Monday, October 6, 1986, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID
Joe Bandy & Son, Inc.
Thomas Brothers, Inc.
H. T. Bowling, Inc.
$136,515.00'
141,200.00
206,030.00
*See Alterations to Bid Form
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
1-ne Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the co~ittee.
SEWERS AND STORM D~AINS-WATER DEPARTMENT: Pursuant to notice of
advertisement for bids for purified gas line replacement at the Roanoke
Water Pollution Control Plant, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, October 6, 1986, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
636
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER LUMP SUM BID
Structures and Utilities Co., Inc.
Charles D. Hare, General Contractor
$ 83,455.00
116,407.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Nayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William Fo Clark as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of the Williamson Road Storm Drain, Phase I,
Contract II, and Williamson Road East Sanitary Sewer, said proposals to
be received by the City Clerk until 1:30 p.m., on Monday, October 6,
1986, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER BASE BID
F. L. Showalter, Inc,
Aaron J. Conner General Contractor,
Inc.
$1,996,944.00
2,0/?,616.35
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and an additional personnel matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, September 8, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...................... 7.
NAYS: None ................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
m
637
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personne] matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Counci), pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...... 1.
NAYS: None ........
COU;'ICIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended, was before the
body.
ACTION:
(For full text, see communication on file in the City Clerk's OFfice.)
Mr. Trout moved that Counci) concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ..............
O®
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Susan B.
Williams tendering her resignation as a member of the Roanoke Neighbor-
hood Partnership Steering Committee, effective November 20, 1986, was
before Council.
ACTION:
ACTION:
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None .... O.
PENDING LIST: A list of items pending from July 10, 1978, through
September 25, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser,
Harvey and Mayor Taylor ..........
NAYS: None .........
Trout, Bowers, Bowles, Garland,
-0.
HEALTH DEPARTMENT-BUILDINGS: A report of qualification of Mary C.
Maier as a member of the Property Maintenance Code Appeals Board, for a
term of two years ending June 30, 1988, was before Council.
(See Oath or Affirmation of Office on fi]e in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fo] lowing vote:
AYES: Council members Musser,
Harvey and Mayor Taylor .......
Trout, Bowers, Bowles, Garland,
NAYS: None ......... O.
638
ACTION:
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of°qualification of
Virgil L. Rogers as a member of the Roanoke Neighb6rhood Partnership
Steering Committee to fil! the unexpired term of Anne P. Glenn,
resigned, ending November 16, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None ....
O®
LIBRARIES: A report of qualification of John D. Copenhaver as a
member of the Roanoke Public Library Board, for a term of three years
ending June 30, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ ---7.
NAYS: None ........
-0.
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council approve applications for an increase of
$29,270.00 in its Literary Fund loans for the construction of senior
high school science laboratories and the Roanoke Valley Governor's
School, was before the body.
(For full text, see communication and supporting documentation on file
in the City Clerk's Office.)
A report of the Director of Finance advising that Council pre-
viously approved loans of $1,435,000.00 from the State Literary Fund
for the construction of science laboratories at Patrick Henry High
School, William Fleming High School and the Governor's School; that the
School Board is requesting that Council appropriate an additional
$29,270.00 for miscellaneous construction costs as the result of
engineering/design changes and soil surveys to the science labora-
tories, which funds will also come from the State Literary Fund, and
recommending approval of the request, was also before the body.
{For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28370) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 762.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ........ -0.
ACTION:
ACTION:
Mr. §~rland offered the following Resolution:
(#28371) A RESOLUTION authorizing the School Board for the City
of Roanoke to make application for a loan from the State Literary Fund
for improving Patrick Henry High School.
(For full text of Resolution, see Resolution Book No. 49, page 763.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... --7.
NAYS: None .......
-0.
Mr. Garland offered the following Resolution:
(#28372) A RESOLUTION authorizing the School Board for the City
of Roanoke to make application for a loan from the State Literary Fund
for constructing additional classrooms and science laboratories for the
Governor's School for Science and Technology at Patrick Henry High
School.
(For full text of Resolution, see Resolution Book No. 49, page 764.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ....... .0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOIqMENDED FOR ACTION:
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City
Manager submitted a written report advising that the City of Roanoke
has been designated as the grant recipient of funds under the Job
Training Partnership Act; that by agreement of the localities in the
Fifth Planning District, the City of Roanoke's Finance Department acts
as fiscal depository of all Consortium funds; that the Fifth Planning
District has been designated as the service delivery area by the
Governor of Virginia; and the Job Training Partnership Act legislation
requires that an agreement be signed between the State and all involved
parties in each service delivery area.
It was explained that the Governor's Employment and Training
Department requires that the agreement be signed by the Policy Board of
the Fifth District Employment and Training Consortium, the Private
Industry Council and the Finance Director of the City as depository of
the funds; that the agreement primarily clarifies the roles, respon-
sibilities and liability of the Policy Board, the Private Industry
Council and the grant recipient, ~hich is the City of Roanoke Finance
Department; and before the Finance Director can sign the agreement
authority must be obtained from Council. '
The City Manager recommended that he be authorized to sign the
agreement for Program Year 1986-87.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
639
640
ACTION:
(#28373) AN ORDINANCE authorizing and ratifying the execution of
a certain contract between the Governor's Employment and Training
Department, the Fifth District Employment and Training Consortium,
Fifth District Employment and Training Consortium's Private Industry
Council and the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 764.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ -7.
NAYS: None ....
-0.
LIBRARIES-GRANTS: The City Manager submitted a written report
advising that $31,338.00 of a Federal Major Urban Resource Library
Grant, one of three such grants in the State of Virginia, has been
awarded to the Roanoke City Public Library; that the Library met and
wi)) continue to meet the criteria for the award of the grant; that the
Library was awarded this grant in 1985 and 1986 and will receive it
annually if the Federal Government continues to fund the sources; and
the grant, which must be accepted and expended by June 1, 1987, may be
used for any purpose connected with the support and expansion of
library services in the geographic area.
It was explained that the Roanoke City Public Library is con-
tinuing to modernize its faci)ities and services in the areas of com-
puterization, security at the Central Library, items of furniture and
small equipment; and the Library administration reco~nends that the
Major Urban Resource Library Grant be expended as follows:
Purchase microcomputers and accessories for three
major branch libraries and library administration
at a total cost of $10,000.00;
Add $11,000.00 to a Library Foundation grant of
$15,000.00 for the purpose of installing a public
address/paging system for the Central Library
compl ex;
Purchase ADT Security System to enhance existing
security measures at the Central Library at a total
cost of $4,200.00;
Purchase furniture and equipment for the entire
Library System at a total cost of $3,000.00;
Add $3,138.00 to the current budget for Books and
Publ i cations.
The City Manager recommended that Council accept the Major Urban
Resources Library Grant for the Roanoke City Public Library and
appropriate $31,338.00 to the Library budget for fiscal year 1986-87,
as follows:
$25,000.00 to Account No. 001-054-7310-9015, Other
Equipment;
$3,000.00 to Account No. 001-054-7310-2035, Expend.
Tools and Equipment;
$3,138.00 to Account No. 001-054-7310-2040, Publi-
cations and Subscriptions;
Establish a revenue estimate of $31,338.00 for the
Federal grant.
m
ACTION:
ACTION:
It was further recommended that the City Manager, or his designee, be
authorized to execute the necessary documents accepting the grant for
the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28374) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 765.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None ..................................................... O.
Mrs. Bowles offered the following Resolution:
(#28375) A RESOLUTION accepting a Major Urban Resource Library
Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 49, page 766.)
Mrs. Bowl es moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None .........................
0
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that the Capital Improvement Program (1987-91) con-
tains $113,000.00 for Parks - General Projects:
Staunton Avenue Park
Mason's Mill Park
Fishburn Park
Lakewood Park
Grandin Court Recreation Center
Garden City Recreation Center
$ 10,000.00
15,000.00
10,000.00
33,000.00
20,000.00
25,000.00
Total for six park projects
$113,000.00
It was explained that the Parks Plan Implementation Program, Phase
II, as recommended by the Citizens' Advisory Committee on Parks Study
and approved by Council on June 27, 1983, contains 25 projects includ-
ing the six projects listed above; that completion of these six pro-
jects would basically conclude the implementation of the entire program
by the City; that project design, engineering and construction inspec-
tion would be carried out by City staff, with neighborhood organiza-
tions and interested citizens being involved in updating priorities;
that project construction is anticipated to be accomplished through
several construction contracts and direct purchases of equipment by the
City; and the project schedule is to complete the construction of all
six sites by summer, 1987.
Mr. Herbert advised that the City Engineer's Office has received
quotations for the handrail and fencing work around the wheel in the
Mason's Mill Park; that the cost of this work is less that $5,000.00
per item, and as such, the award for the work is intended to be handled
administratively as permitted under the City's Procurement Code once
funding is in place; and $113,000.00 in Park Bond funds (Series 1985)
Account No. 008-052-9577-9180 is available for appropriation in order
to proceed with the Mason's Mill and other five neighborhood park
improvement projects listed above.
641
642
ACT[ON:
ACTION:
The City Manager recommended that Council appropriate $113,000.00
from Park Bond Funds (Series 1985) into an account to be established by
the Director of Finance for the subject six neighborhood park improve-
ment projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28376) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 766.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .... 7.
NAYS: None ...........
CITY EMPLOYEES: The City Manager submitted a written report
advising that special holiday recommendation was made by Mayor Taylor
on August 25, 1986, in his State of the City address that December 26,
1986, be paid time off for City workers in recognition of the fine ser-
vice provided during the flood of November 4, 1985. It was noted that
essential services can be maintained should a special holiday be
granted on'December 26, 1986.
The City Manager recommended that City personnel who are not
engaged in performing emergency service or other necessary essential
services for the City be excused from work on Friday, December 26,
1986; and emergency service employees and other employees performing
necessary and essential services who cannot for reasons of public
health, safety and welfare be excused from work on December 26, 1986,
regardless of whether they are scheduled to work on December 26, be
accorded equivalent time off according to a schedule to be arranged by
the City Manager.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28377) A RESOLUTION establishing Friday, December 26, 1986, as
a City holiday for certain employees for this calendar year only.
(For full text of Resolution, see Resolution Book No. 49, page 767.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... -7.
NAYS: None ........ . .... O.
SPECIAL PERMITS-WATER DEPARTMENT: The City Manager submitted a
written report in connection with a permit for the City to cross an
existing gas line of Plantation Pipeline Company to construct a twelve
inch water main to serve the proposed Franklin Road Storage Tank.
It was explained that crossings occur at two locations at the
crest of a hill where the proposed water main turns at right angles to
serve the proposed water storage tank and extends through Plantation
Pipeline's existing thirty foot gas line easement; that proposed cros-
sings have been discussed with representatives of Plantation Pipeline
Company during the design phase and pre-construction meetings held
for this project, with no apparent difficulties anticipated; and
Plantation Pipeline Company has forwarded to the City of Roanoke their
standard "Request for Permit to Cross Right-of-Way" to be executed by
the City of Roanoke.
ACTION:
ACTION:
ACTION:
643
The City Manager recommended that Council authorize the execution
of the Plantation Pipeline Permit, in substantially the 1=orm set 1=orth
in Exhibit B ol= the report, by the City Manager or the Assistant City
Manager, with the 1=orm o1= permit to be subject to approval by the City
Attorney.
(For full text, see report on file in the City Clerk's 01=lice.)
Mr. Musser o1=fered the 1=ollowing emergency Ordinance:
(#283/8) AN O~DINANCE authorizing execution o1= a permit agreement
between the City and Plantation Pipeline Company; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 767.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........
-0.
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Co~ittee with reference
to the purchase of playground equipment for Westside Park.
The Bid Committee recommended that Council accept the bid of
Warthan Recreation Equipment Company, Inc., to provide play equipment
specified in Bid Item No. ], with the noted exception related to the
Wide Wave Slide, for a total amount of $10,500.00; that Council
appropriate $10,500.00 from the Capital Projects Fund Account No.
008-1129 into an account to be established by the Director of Finance
for the subject project; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28379) AN ORDINANCE to amend and reordain certain sections of
the 1986-8/ Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 768.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Gar]and,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........ O.
Mr. Harvey offered the following emergency Ordinance:
(#28380) AN ORDINANCE accepting the bid o1= Wartham Recreation
Equipment Company, Inc., for playground equipment at Westside Park,
upon certain terms and conditions; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text o1= Ordinance, see Ordinance Book No. 49, page 768.)
Mr. Harvey moved the adoption o1= the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... . ...... 7.
NAYS: None ......... .0.
644
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Gar)and moved that the City Attorney be instructed to prepare
the proper measure expressing appreciation to the Westside PTA for
their contribution of $3,000.00 for new playground equipment. The
motion was seconded by Mrs. Bow)es and unanimously adopted.
SHERIFF-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Com~nittee with reference to leasing
of vehicles for the Sheriff's Department.
The Bid Committee recommended that Counci| accept the lowest
responsible bid as submitted by Magic City Motor Corporation to )ease
the fo)lowing vehicles to the City of Roanoke for a period of 48
months:
Two new eight passenger vans
One new four door sedan
Three new four door sedans
- $409.00 each per month
- 357.79 per month
- 338.98 each per month
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28381) AN ORDINANCE providing for the lease of two new
8-passenger vans and four new 4-door sedans for use by the City, upon
certain terms and conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; rejecting other bids made to
the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 769.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland, Harvey and
Mayor Taylor ............. -6.
NAYS: None .......
-0.
(Council member Bowers abstained from voting.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE: The Director of Finance submitted copy of
the Revenue Compendium under date of October, 1986.
(See Revenue Compendium on file in the City Clerk's Office.)
Mr. Harvey moved that the Revenue Compendium be received and
filed, The motion was seconded by Mr. Trout and unanimously adopted.
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of August, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
PENSIONS: The Director of Finance presented each member of
Council with a new employee's handbook containing information on the
City of Roanoke Employees' Supplemental Retirement System.
REPORTS OF COMMITTEES:
SALE/PURCHASE OF PROPERTY-WATER DEPARTMENT: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, recommending that
Council authorize acquisition of Lot lA (a portion of Lot 1) Section 2,
Boulevard Estates, for $3,500.00, to be used as a site for Roanoke-
Salem Water Systems Interconnect Station (forty per cent of the cost to
be reimbursed by the City of Salem at a later date).
ACTION:
ACTION:
It was explained in a staff report that a report dated October 8,
1984, to Council from Council member James O. Trout recommended
establishment of additional interconnect points between the two cities'
water sytems; that Council authorized the City Manager to negotiate as
to interconnection points with the Salem City Manager; that represen-
tatives from Salem and Roanoke met on November 5, 1984, and reached
agreement on an interconnection of the two water systems; that Council
authorized execution of the agreement at its meeting on December 3,
198q, with tile final executed agreement dated January 1, 1985; and the
agreement authorized acquisition of a permanent interconnect point on
Hemlock Road in Salem, with the acquisition, design and construction
to be handled by the City of Roanoke and 40% of the costs to be reim-
bursed by the City of Salem.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28382) AN ORDINANCE authorizing the City's acquisition of Lot
IA, a portion of Lot 1, Section 2, Boulevard Estates, and an adjacent
alleyway, for a permanent interconnect station between the water
systems of the City of Roanoke and the City of Salem; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 770.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...... -7.
NAYS: None .........
CITY PROPERTY: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommending that Council authorize the donation of a
0.19 acre parcel of land to Roanoke County for a community improvement
project in the Hollins community.
It was explained in a staff report that the community improvement
project in the Hollins Community along the road leading from U. S.
Route 11 to the Carvins Cove boat landing area is being undertaken by
Roanoke County; that water, sewer and roadway improvements are being
proposed as a grant financed project in the community to benefit citi-
zens in both Roanoke County and Botetourt County; that the access road
to the Carvins Cove boat landing will be straightened; that City owned
land for the Hollins Road water tank contains 2.27 acres, and a small
portion, 0.19 acres, is desired for the project; that the City tract is
needed for the intersection of Route 1905 and proposed "Road A" as
shown on plans drawn by Mattern & Craig Consulting Engineers; and dona-
tion of the 0.19 acre portion of land, valued at $496.56 plus $100.00
for a large oak tree, has been requested by Roanoke County pursuant to
communication under date of July 15, 1986.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28383) AN ORDINANCE providing for the donation of a .19-acre
parcel of City-owned land to Roanoke County for county community impro-
vement purposes.
(For full text of Ordinance, see Ordinance Book No. 49, page 771.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
645
NAYS: None ......... O.
646
SEWERS AND STORM DRAINS: Counci! member Elizabeth T. Bowles,
Chairman of the Water Resources Con~nittee, presented a written report
on behalf of the committee, in connection with renewal of the fif~th
year option for sludge hauling by Bio-Gro Systems, Inc.
It was explained that Bio-Gro loads stabilized damaged sludge at
the Sewage Treatment Plant, hauls it in tanker trucks, and applies it
to farm land for which permits have been obtained from landowners and
the Commonwealth of Virginia; and Bio-Gro has completed the four year
contract, excepting for willingness and desire to roll over 1,000 dry
tons at the old price (otherwise ending September 30, 1986) of $85.11
per dry ton.
Mrs. Bowles noted that the staff report recommends an amendment to
Bio-Gro's contract for the fifth year quantity of a minimum of 9,000
dry tons up to a maximum of 15,000 dry tons at $89.56 per dry ton; that
the committee concurs in the recommendation and further recommends that
Council authorize the roll over of I,O00 tons from the preceding
contract at the old price; and all quantities, Nth the tonnage subject
to adjustment from the 9,000 minimum upwards to the 15,000 maximum,
being dependent on fiscal year 1987-88 budget allocations, and to be
completed by December 31, 1987.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28384) AN ORDINANCE accepting a proposal and amending ~
contract for removal and disposal of sludge from the Sewage Treatment
Plant; authorizing the proper City officials to execute the requisite
contract documents; and providing for an emergency.
(For fu]] text of Ordinance, see Ordinance Book No. 49, page llO.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... --7.
NAYS: None ....... .0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUILDINGS: Ordinance No. 28354 amending and reordaining the Code
of the City of Roanoke (1979), as amended, by repealing Article II,
Propert7 Maintenance Code, of Chapter 16, Housing, and by adding a new
Article I'[.1, Building R~intenance Code, t6 Chapter 7, Buildin§ Regula-
tions, in order to adopt Volume II, Bui]ding Maintenance Code of the
~irginia Uniform Statewide Building Code (1984 Edition); and providing
for an effective date of October 1, 1986, having previously been before
the Council for its first reading on Thursday, September 25, 1986, read
and adopted on its first reading and laid over, was again before the
body, Mr. Musser offering the fo]]owing for its second reading and
final adoption:
(#28354) AN ORDINANCE amending and reordaining the Code of the
City of Roanoke (19/9), as amended, by repealing Article II, Property
,Maintenance Code, of Chapter 16, Housing, and by adding a new Article
II.l, .Buildin~ Maintenance Code, to Chapter 7, Building Regulations, in
order to adopt Volume II, Building MaintenanEe Code of the Virginia
Uniform Statewide Building Code (1984 Edition); and providing for an
effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 758.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... --7.
NAYS: None ....... O.
647
BUILD]NGS: Ordinance No. 28355 dissolving the Property Mainten-
ance Code Appeals Board; creating a Building Maintenance Division of
the City's Board of Building Code Appeals; appointing the Building
Co,~missioner as the enforcing official of the Building Maintenance
Code; and providing for an effective date of October ], ]986, having
previously been before the Council for its first reading on Thursday,
September 25, 1986, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bow]es offering the following for
its second reading and final adoption:
(//28355) AN ORD]NANCE dissolving the Property Maintenance Code
Appeals Board; creating a Building Maintenance Division of the City's
Board of Building Code Appeals; appointing the Building Commissioner as
the enforcing official of the Building Maintenance Code; and providing
for an effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 759.)
Mrs. Bow]es moved the adoption of the Ordinance. The motion was
seconded by Mr. Gar]and and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .-7.
NAYS: None ....... O.
TRAFFIC-CITY CODE: Ordinance No. 28356 amending and reordaining
subsection (b) of §20-89, Penalties for unlawful parking, of the Code
of the City of Roanoke (1'~79), as amended, to provide for increased
penalties for parking violations and late payments of fines; and pro-
viding for an effective date of January 1, 1986, having previously been
before the Council for its first reading on Thursday, September 25,
]986, read and adopted on its first reading and ]aid over, was again
before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(//28356) AN ORDINANCE amending and reordaining subsection (b) of
§20-89, Penalties for unlawful parking, of the Code of the City of
Roanoke '!1979), as amended, to provide for increased penalties for
parking violations and late payments of fines; and providing for an
e~fective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 760.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ '-' .7.
NAYS: None ........ O.
INDUSTRIES-ECONOMIC DEVELOPMENT COMMISSION: Ordinance No. 28359
authorizing the execution of an option and deed for the sale of 28.1
acres of land in the Roanoke Centre for Industry and Technology to
Nicholas F. Taubman, having previous]y been before the Council for its
first reading on Thursday, September 25, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and fina] adoption:
(#28359) AN ORDINANCE authorizing the execution of an option and
deed for the sale of 28.1 acres of land in the Roanoke Centre for
Industry and Technology to Nicholas F. Taubman.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 49, page 761.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ....... -0.
648
ACTION:
ACTION:
ACTION:
AIRPORT: Ordinance No. 28366 authorizing the renewal of a lease
agreement between the City and Emery Air Freight Corporation for space
in the Airport air cargo building at the Roanoke Regional Airport,
Woodrum Field, upon certain terms and conditions, having previously
been before the Council for its first reading on Thursday, Septem-
ber 25, 1986, read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#28366) AN ORDINANCE authorizing the renewal of a lease agree-
ment between the City and Emery Air Freight Corporation for space in
the Airport air cargo building at the Roanoke Regional Airport, Woodrum
Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 761.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ -7.
NAYS: None ......
AIRPORT: Ordinance No. 28367 authorizing the renewal of a lease
agreement between the City and Billy R. Neely and Clydis M. Neely of
3.63 acres of City property adjacent to the Roanoke Regional Airport,
Woodrum Field, upon certain terms and conditions, having previously
been before the Council for its first reading on Thursday, Septem-
ber 25, 1986, read and adopted on its first reading and laid over, was
again before the body, Mr. Harvey offering the following for its second
reading and final adoption:
(#28367) AN ORDINANCE authorizing the renewal of a lease agree-
ment between the City and Billy R. Neely and Clydis M. Neely of 3.63
acres of City property adjacent to the Roanoke Regional Airport, Wood-
rum Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 49, page 762.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ....... .0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR C~MMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:40 p.m., the Mayor declared the meeting in recess.
At 3:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
YOUTH: The Mayor advised that there is a vacancy on the Youth
Services Citizen Board created by the resignation of W. H. Fralin, for
a term ending May 31, 1987, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Robert J. Ingram, Jr.
There being no further nominations, Mr. Ingram was elected as a
member of the Youth Services Citizen Board to fil) the unexpired term
of W. H. Fralin, resigned, ending May 31, 1987, by the following vote:
FOR MR. INGRAM: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ........ -7.
649
CIVIC CENTER: The Mayor advised that the three year term of
Daniel E. Wooldridge as a member of the Roanoke Civic Center Co~nission
expired on September 30, 1986, and called for nominations to fill the
vacancy.
ACTION:
Mr. Garland placed in nomination the name of Daniel E. Wooldridge.
There being no further nominations, Mr. Wooldridge was reelected
as a member of the Roanoke Civic Center Commission for a term of three
years ending September 30, 1989, by the following vote:
FOR MR. WOOLDRIDGE: Council members Musser, Trout, Bowers,
Bowles, Garland, Harvey and Mayor Taylor ......... 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:47 p.m.
ATTEST: p~
City Clerk
APPROVED
m
650
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 13, 1986
7: 30 p .m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 13, !986, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure~ Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, Howard E. Musser and Mayor Noel C. Taylor .......... 6.
ABSENT: Council member James G. Harvey, II
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C..;Dil~ling, .Jr.,~..~ity
Attorney; Mr. William M.' Hackworth, Assistant City 'Attorney; M~. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by the Reverend William E.
Olewiler, Pastor, Highland Park United Methodist Church.
The Pledge of Allegiance to the Flag ol~ the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
CITY GOVERNMENT (SISTER CITIES): Pursuant to notice of adver-
tisement for bids for construction and insta]lation of the Sister City
Fountain, said proposals to be received by the City Clerk until 4:30
p.m., on Monday, October 13, 1986, and to be held, opened and read
before the Council at 7:30 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID
Construction Services of Roanoke, Inc.
Acorn Construction, Ltd.
Branch & Associates, Inc.
$42,700.00
42,900.00
55,600.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
ACTION:
The Mayor advised that Council has a total of eight public hear-
ings on its agenda and a number of persons have requested to be heard.
He suggested that the members of Council establish a time limitation of
]5 minutes for the proponents of each public hearing and ]5 minutes for
the opponents of each public hearing.
Mr. Trout moved that Council concur in the Mayor's suggestion.
The motion was seconded by Mr. Garland and adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Edward A.
Natt, Attorney, representing The Murchison Company, a Texas Corpora-
tion, that a 4.1 acre tract of land located at the intersection of
Route 419 and Keagy Road, designated as Official Tax Nos. 5130119,
5130121 and 5130122, be rezoned from RS-l, Single Family Residential
District, to C=1, Office and Institutional District, subject to certain
proferred conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday,--October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending unanimously
that the request for rezoning be approved, pointing out that commercial
use of the property for offices in a manner consistent with the deve-
lopment plan was considered reasonable given the location of the pro-
perty at Route 419 and Keagy Road, the size of the property requested
for rezoning, and the satisfactory resolution of engineering and land-
scaping issues; and further detailed studies on storm water management,
utility connections, and landscape buffering will be undertaken as part
of the City's site plan review process, was before Council.
(For full text, see report on file in the City Clerk's Office.)
A petition signed by 148 persons in opposition to the request for
rezoning for the following reasons, was before Council.
The density of the requested rezoning is entirely
inappropriate in close proximity to a well main-
tained and desirable residential neighborhood.
No property on the Roanoke City side of Keagy Road
is zoned commercially, and the proposed rezoning,
if granted, will create inevitable pressure for the
strip commercial development of Keagy Road in its
entirety.
The proposed development will further worsen con-
gested traffic conditions at the corner of Keagy
Road and Route 419 and on the remainder of narrow
and twisting Keagy Road:
If the proposed rezoning is-approved, unacceptable
and detrimental transitional uses will be permitted
by right on adjoining residential property.
The purported site plan for such development is un-
acceptably vague and ambiguous, falling to ade-
quately address such matters as d~ainage, buffer-
ing, grading, height of buildings, architecture and
construction materials, connection of public utili-
ties and signage.
The conditions proffered with respect to such pro-
posed rezonlng are also vague and ambiguous and
create no meaningful protection for adjoining resi-
dential areas.
(For full text, see petition on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No-.
313, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to
certain conditions proffered by the applicant."
651
652
ACTION:
The motion was seconded by Mr. Garland.
A report of the City Attorney with regard to the above petition,
advising that sufficient signatures have been set out in the petitions
to invoke the provisions of Section 62(5) of the Roanoke City Charter,
which provides with reference to amendments to the City's Zoning Map,
in pertinent part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented, chan-
ged, modified or repealed. In case, however, of a
protest against such change signed by the owners of
twenty per centum or more either of the area of the
lots included in each .proposed change, or of those
immediately adjacent in the rear thereof, or of
those directly opposite thereto, such amendment
shall not become effective except by the favorable
vote of five-sevenths of all the members of the
Council."
Mr. Dibling advised that in reviewing the petitions protesting the
rezonin9 and the tax records of the City, he has ascertained that the
record owners ~f all five of the lots in the City'~ich abut the pro-
perty proposed to be rezoned have properly signed the protest petitions;
that using either Route 419 or Keagy Road as the front of the subject
parcel, all of the owners of the lots "immediately adjacent in the
rear" of the subject property have signed the petitions, thus invoking
the requirement that five-sevenths of all of the members of Council
vote in favor of the rezoning in order for it to be approved.
(For full.text, see report on file in the City Clerk's Office.)
Mr. Ronald H. Miller, Zoning Administrator, submitted a written
report advising that pursuant to Section 36-555 (2) (3), Code of the
City of Roanoke, 1979, as amended, he is recommending that a bond of
security be required in the request for rezoning, as follows:
Turning lane in accordance with site
plan submitted.
Storm drain in accordance with site
plan submitted.
Landscaping in accordance with site
plan submitted.
$10,000.00
20,000.00
15,000.00
The Zoning Administrator explained that it will be his responsi-
bility to release said guarantee upon the submission of satisfactory
evidence that such conditions have been met; that a reasonable time for.
completion of the work shall be agreed upon by the Zoning Administrator
and the developer; and it is his opinion that no bond or similar guar-
antee should be required of the petitioner to insure the performance of
the remaining conditions in the petition.
(For full text, see report on file in the City Clerk's Office.)
A communication from Mr. W. L..Dominy,.President, Medmont Lake
Association, representing 48 property owners in the area, objecting to
the rezonlng for reasons of inadequate storm drainage, increase in
traffic, and decrease in property values, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council in support of the request of his client, and
advised that his client is a Texas Corporation; however, the share-
holders have direct ties with the Roanoke Valley. He stated that the
rezoning is ~o provide for construction of 20 condominium units for
sale to professional people primarily for the development and practice
of their professions. He explained that there will be a unit owners
association which will control the amenities within the project and
each of the units will be about 1600 square feet, one to one and one-
half stories. He said the units will be of residential style construc-
tion and residential style material. He explained that ten proffers
have been made concerning such material matters as lighting, signage,
drainage, traffic patterns, entrances and exits, deceleration lane on
Keagy Road, etc., and those conditions have been offered in order to
satisfy the requirements that his client and the planning staff feel
are necessary to insure that there is a good viable project.
Mr. Natt pointed out that the neighbors have been in arms on this
particular piece of property for a number of years; that meetings have
been held with the citizens to endeavor to resolve the problems, and
the end result was that when the matter went to the City Planning
Commission, the Planning Commission was unanimously in favor of the
project, as well as the Planning Commission's staff.
Mr. Rick Woodson, appeared before Council and advised that for
some time he has attempted to sell this parcel of property, and he has
turned down several offers for various businesses that it was not felt
would fit into the neighborhood. He said that during the time he has
been trying to sell the parcel of land, he has not had the first
approach to purchase the property for residential purposes, and the
only interest has been of a commercial nature. He added that the pro-
posed complex would fit nicely into the neighborhood and would be a
welcome addition.
Mr. Natt continued his presentation by advising that the facts of
the case are based upon studies and staff recommendations of persons
other than his client. He said the planning staff advises that the
traffic impact on Route 419 and Keagy Road is insignificant; that the
drainage situation is a critical factor and will be discussed at site
plan review; that utility issues, especially with regard to sewer and
storm drainage, can be addressed more thoroughly at a later design
phase of the project, and resolution to the issues appear feasible.
With reference to fire and emergency services, Mr. Natt presented
a communication from the Deputy Fire Chief advising that in effect the
proposal as presented meets with the approval of the City Fire Depart-
ment and controls are adequate. He said landscaping and buffering is a
critical factor, noting that the project has been buffered with plan-
tings, and a minimum distance from any home in the Medmont area to the
edge of the pavement is 155 feet.
Mr. Natt explained that the buildings cover 15%, and parking on
the streets cover 38%, for a total of 53% of the project, which leaves
47%, almost one-half of the entire project, as green space. He said
this project will generate approximately $40,000.00 per year of revenue
to the City.
Mr. Bittle W. Porterfield, III, Vice-President,' Roanoke Valley
Chamber of Commerce, and Chairman of the Chamber's Economic Development
Committee, appeared before Council and advised that economic develop-
ment is of critical importance to the City of Roanoke; that attraction
of new business and industry means a higher standard of living for
citizens and more career opportunities for young people entering the
work force, and everything must be done to accommodate business and
industry, especially when this accommodation can be made in an environ-
mentally sound manner.
Mr. Porterfield pointed out that this particular rezoning comes to
Cooncil with the recommendation of the City Planning Commission; that
he does not believe the property in question is suitable for single
family housing given the type of structures and uses now located on the
other three corners at the intersection, and review of the site plan
submitted by lhe Murchison Company indicates a high use for this pro-
perty that takes into account the need for landscaping and proper site
development. He said the property will eventually be used for some-
thing and he hopes Council will see the wisdom of the opportunity to
have a well planned, aesthetically pleasing office park at this loca-
tion.
653
654
Mr. Natt advised that the citizens in opposition have expressed
the concern that there has been no commercial zoning in the City of
Roanoke on Route 419; however, that is not a true statement, noting
that the Prudential Insurance Company property was zoned C-! in the
early 1980's, and is in a similar residential setting such as his
clients propose.
Mr, Natt went on to advise that the County Land Use Plan describes
the property on Route 419 as transitional in use, calling attention to
a communication :from the County Planner indicating that the use pro-
posed by The Murchison Company would fit into the County's land use
desirable functions along Route 419. He quoted from a City Planning
Commission staff report to the effect that ~a staff member does not feel
that the site .would ever be developed for single family, that it is
possible that condominiums or a townhouse project would be feasible,
and pointing out that the office type use proposed has less impact in
terms of traffic and visual than the multi-family project.
Mr. Natt said the sole question is: what is the most appropriate
use for this particular piece of property, and noting that there is no
other use for the property.
Mr. Natt introduced into the record a communication from Ms.
Rebecca R. Balzer advising that at the time she signed the petition in
opposition to the rezoning, she did not have a clear understanding as
to the proposed plans, noting that her initial concern was not for the
development concept, but the increased traffic generated through the
adjoining neighborhood. She said that after review of the proposed
concept by The Murchison Company, her only concern is with regard to
increased traffic; advising that commercial development for the area is
inevitable and increased traffic will continue to be an issue, and, the
City of Roanoke will ultimately be responsible for dealing effectively
with traffic congestion in and around neighborhoods adjoining commer-
cial developments. She stated her regret-for signing the petition
opposing any commercial development on the property in question.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Natt urged that Council approve the rezoning, inasmuch as com-
mercial use is the most appropriate use for the property in question.
Mr. William B. Hopkins, Attorney, representing the opponents of
the rezoning, appeared before Council and advised that on July 13~
1986, the Estate of A. A. Woodson received an offer of $200,000.00 for
the land in question, which was not subject to the property being
rezoned, and that offer is still valid. He said the area in question
is a solid neighborhood and if the rezoning is approved, it will start
the break-up o¢ the Medmont neighborhood.
Mr. Richard B. Burrow, 4223 Belle Aire Circle, S. W., appeared
before Council and advised that it has been said that this is the one
corner of the four quadrants of the Keagy Road - Route 419 intersection
that is not developed, noting that it is developed by the current
zoning standard in the City of Roanoke for that corner which is resi-
dential use. He said the City of Roanoke's key issue in recent years
has been to maintain the quality of its neighborhoods; that the Medmont
neighborhood is a strong and organized neighborhood but has seldom
appeared before Council to ask for help; however, it is doing so this
evening. He said there is an existing investment in the Medmont neigh-
borhood of $4.4 million, and that investment is-increasing each year at
the rate of 7~2%, noting that additionally, in the past twelve months,
$405,000.00 of home construction has taken place in the neighborhood.
He said the residential integrity of-the neighborhood is in place and
is in good condition.
Mr. Burrow explained that the proposed-zoning is C-1, transitional
use, and transitional, by Code, means intended to maintain the residen-
tial character. He proposed that a cluster development of 32,000
square feet in office buildings, 17 buildings, and 174 parking spaces
is not residential in nature; that there will be considerable grading
on the lot, retention ponds to be built, and inasmuch as the petitioner
655
has stated that 53% of the lot will be developed, he does not consider
that to be residential in nature. He said if the rezoning is approved,
it is felt that Council will be substantially affecting the character
of the neighborhood; that commercial encroachment will begin to take
place not only in the Medmont neighborhood but on Keagy Road; that the
precedent will be established for the other property owners adjacent to
this property to have their properties rezoned also, the pressure will
be on them to go commercial, and the pressure will be on Council and
the City Planning Commission and staff to continue to evaluate each
rezoning.
Mr. Burrow said Lewis-Gale Hospital supports this rezoning because
there is the extreme likelihood that it is the foothold in the neigh-
borhood they are looking for within the City of Roanoke corporate boun-
dary to begin their encroachment on the other side of Keagy Road
where they currently exist in the City of Roanoke.
Mr. Burrow explained that traffic and accessibility is a major
issue, noting that there are approximately 5,000 vehicles per day on
Keagy Road and the proposed rezoning could generate up to an additional
2,400 vehicles per day, which is about a 50% increase, and a 50%
increase on any street in the City of Roanoke is a significant
increase.
Mr. Burrow pointed out that the entrance proposed to this rezoning
on Keagy Road is approximately 120 - 130 feet off of Route 419, and six
to eight vehicles can be stacked at the traffic signal which is oper-
ated by the City of Salem before the entrance is essentially rendered
useless for left turning vehicles; advising that if a driver is turning
left out of the development to get back to Route 419 and traffic is
backed up considerably, the driver has no alternative but to wait cycle
length after cycle length on the traffic signal, or, he can make a
right turn to Keagy Road, proceed about 1,000 feet and make another
right turn into Medmont Circle, and travel through the neighborhood
back to Route 419 to make a left turn.
In reference to storm drainage, Mr. Burrow said it is easy to say
that the quettion will be addressed during the site plan process, but
it should be :'ealized that when storm water is put into a system it is
no longer surf.ice water; that as the water outlets it will be on Route
419 which is ',,' Roanoke County and under the jurisdiction of the
Virginia Departmen': of Highways and, if the pond overflows, the water
will travel approxil,.ately 100 feet down Route 419 and again enter in a
condensed fashion through three private residential lots that exist in
the neighborhood in order to get to the low area, and erosion will
occur from the normal outlet and when the overflows take place.
The opponents presented an. eight minute video on the Medmont
neighborhood.
Mr. Burrow advised that because the hill will be reduced by twenty
feet in height, unnatural buffering that exists between Route 419 and
the residential community will be removed, and the office buildings
across Route 419 in Roanoke County will be seen, explaining that the
traffic volumes and noise from traffic on Route 419 will begin to
encroach on the neighborhood because the natural hill barrier has been
removed.
The Mayor allotted an additional five minutes of time to Mr. Natt
to offset the additional time which was used by the opponents; where-
upon, Mr. Natt called upon Mr. Thomas F. Brady to make a presentation.
Mr. Brady advised that the project is compatible with the neighborhood;
that the project has a quality developer, is a quality neighborhood
with qu.ality residents, and stated that the request before Council is
the.be~t.project for the site. He said. if the City is in the economic
development business, it has to make opportunities for business and
create jobs.
Mr. Natt advised that the proposed site borders on three homes in
the Medmont section and one home on Keagy Road, and while it does touch
on Medmont, the orientation of the property is Route 419 and Keagy
Road, and that is the important thing to consider when one talks about
the highest and best use of the property. He said Mr. Burrow stated
that the project is 120 feet from Route 419, when in fact, from the
present line of Route 419 to the entrance of the project, there is a
distance of 215 feet and another 60 feet to the centerline, so there is
656
275 feet from the centerline of Route 419 to the entrance. He said
Mr. Burrow further stated that the hill is going to be cut by 20 feet,
when in fact, his client proposes to cut the hill by only 14 feet; that
Mr. Burrow said there is going to be a drainage problem, but in fact,
the drainage situation will improve and the drainage plan, as prepared
by Buford T. Lumsden and Associates, will have to be approved by the
City.
Mr. Na~t said whether or not the people are going to drive through
Medmont to get out of the traffic situation alluded to by Mr. Burrow is
a scenario that each case will have to depend on itself and suggested
that with the 260 feet to the centerline of Route 419, that problem is
not severe. He said there is no question that a well developed commer-
cial project of this nature can and does exist side by side with resi-
dential property; that Council has to consider what is the most appro-
priate use, noting that it certainly is not single family residential,
and this development is more positive than multi-family or condominium
use. Mr. Natt urged that Council concur in the recommendation of the
City Planning Commission and approve the rezoning.
Following questions and discussion by the Mayor and members of
Council, the request for rezoning was denied by the following vote:
AYES: Council member Bowles ......... 1.
NAYS: Council members Trout, Bowers, Garland, Musser and Mayor
Tayl or ....... ---5.
(Council member Harvey was absent.)
(Mr. Wilburn C. Dibling, Jr., City' Attorney, was not present dur-
ing deliberation of the above public hearing. Legal questions were
addressed by Mr. William M. Hackworth, Assistant City Attorney.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon there-
aft6r as the matter may be heard, on the r~equest of Edward A. Natt,
Attorney, representing The Murchison Company, a Texas Corporation, that
a tract of land containing 12.37 acres, located on the westerly side of
Grandin Road Extension, south of Airview Road, S. W., designated as
Official Tax Nos. 5090204 and 5090203, be rezoned from RS-l, Single
Family Residential District, to RG-1, General Residential District,
subject to certain proffered conditions, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and' Friday," October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reco~mlending that Council
approve the rezoning request, advising that the proposed development
offers a compatible mix of housing types and utilizes'a site, which
because of its topography and location, would be difficult to develop
under the present RS-1 zoning classification, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28385) 'AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject'to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 778.)
The motion was seconded by Mr.~Bowers.
657
Mr. Ronald H. Miller, Zoning Administrator, submitted a written
report advising that pursuant to Section 36-555 (2) (3), Code of the
City of Roanoke (1979), as amended, he is recommending that a bond of
security be required in the above-referenced request as follows:
Turning lane in accordance with site
plan submitted
$ 10,000.00
Storm drain in accordance with site
plan submitted
$ 30,000.00
Landscaping in accordance with site
plan submitted
$ 25,000.00
It was noted that it will be the Zoning Administrator's respon-
sibility to release said guarantee upon the submission of satisfactory
evidence that such conditions have been met; that a reasonable time for
completion of the work shall be agreed upon by the Zoning Administrator
and the developer; and it is his opinion that no bond or similar
guarantee should be required of the petitioner to insure the perfor-
mance of the remaining conditions in the petition.
(For full text, see report on file in the City Clerk's Office.)
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council and advised that his client is willing to work
with the residents with regard to drainage and sewer, noting that there
are concerns and his client is willing to work with City staff in
resolving those concerns. He said the project calls for 192 con-
dominium units with 300 parking spaces on 12 acres of land, but his
client is actually purchasing 14 acres, and proffered to leave the
strip of land on Airview Road zoned RS-! for single family detached
dwellings.
Mr. Natt explained that there will be one entrance on Grandin Road
Extension, there will be no additional entrances and there will be a
minimum of a 40 foot vegetative buffer to the rear between the property
in question and the Westcourt Subdivision. He said the units will be
constructed in accordance with the Virginia Condominium Act; that con-
ditions have been proffered that the project will be limited to 192
units; the project will be developed in accordance with a proposed site
plan; the storm water retention pond will act as an improvement, and
will be'designed to a twenty year st~orm drain facility rather than a
ten year facility which is required by City Ordinance. He went on to
state th~at it is understood there is a sewer problem and his client is
willing to commit that it will share in the cost of correcting and
alleviating the situation in order to design the project. He explained
that the City's Comprehensive Plan would be followed should the
rezoning request be approved, noting that it is an appropriate use, it
is significantly less dense with 190 units than a RG-1 use could be
where as many as 24 units per acre could be constructed, and his client
is proposing about 15 units per acre, which is almost one half of what
could be constructed.
Mr. M. A. Turner, 4810 Norwood Street, S. W., appeared before
Council and advised that his concern centers around the sewage problem
from Route 419 down to Chesterton street.
Mr. Ira H. Hurt, Jr., 1910 Airview Road, S. W., appeared before
Council and advised that his main concern is with traffic on Grandin
Road, advising that entrance to Grandin Road from any side street is
difficult most of the day and any project of this type would cause
additional traffic on Grandin Road, making it even more difficult. He
expressed concern about the storm drainage and the sewer problems. He
referred to a proposed project several years ago by the Syndor-Hunt
Corporation where the same problems existed and caused that project to
be denied rezoning in the same area. He stated that conditions above-
mentioned have not improved since the Syndor-Hunt request, traffic is
heavier on Route 419, and there have been more areas paved around Route
419.and Grandin Road which have created more water .runoff down the
storm drain area. He commented that he does not see why The Murchison
project would be received anymore favorably than the Syndor-Hunt pro-
jedt of a few years ago when conditions have not improved.
658
Mr. William J. Rand, 3571 Mudlick Road, S. W., appeared before
Council and advised that his basic concerns echo those of Mr. Hurt. He
stated that his concern is with regard to traffic; that Mudlick Road is
a narrow curving road, there are no shoulders and there are blind cur-
ves and hills, it is dangerous to get in and out of driveways, and
there is a great deal of residential development just within the con-
fines of the City, but residential development in Roanoke County is
aggravating the traffic situation. He referred to all of the residen-
tial and commercial development on the other side of Route 419 in
Roanoke County, noting that Roanoke City is bearing the brunt of having
to provide the traffic flow to and from the City. He presented a peti-
tion signed by 27 residents of Mudlick Road in opposition to the
rezoning. He explained that he has no qualms about residential deve-
lopment, but the City needs to take a look at the total situation in
the area, because what Roanoke County does is affecting the City. He
said nothing has been said about addressing traffic except that there
will be one entrance and one exit and that will dump all the traffic
onto Grandin Road Extension. He further stated that a hazardous
situation presently exists and it is his contention that the addition
of 192 condominiums will aggravate the situation to the point of
danger.
(See petition on file in the City Clerk's Office.)
A communication from Ms. Oebra Strawn, 4710 Norwood Street, S. W.,
on behalf of residents and property owners of Norwood Street, Woodman
Avenue, Lytham Drive, Westchester Avenue, Airview Road, Walmann Road,
Hope Road and the area on the south side of Chesterton Street, S. W.,
expressing opposition to the rezoning for the following reasons, was
before Council.
Route 419 east on Gatewood Avenue down Norwood
Street and into Westchester Avenue and Chesterton
Street is served by an eight inch sewer line which,
even in its present capacity, is inadequate for the
amount of flow of sewage from this residential
area.
Sewage backup has been tremendous in times of
moderate to heavy rainfall, with resulting water
damage to homes in the above listed areas, and any
additional sewage flow into these lines, due to the
inadequacy of the capacity, should definitely be
addressed by the City and builders at these loca-
tions. The system cannot accommodate the addi-
tional sewage flow from 192 units of condominiums
proposed to be built in the area, nor the addi-
tional proposed home for the elderly facing Woodmar
Avenue and the office complex facing Route 419.
A drainage system was installed four years ago to
accommodate an intolerable drainage problem, which
under ordinary circumstances would be sufficient,
but with additional surface flow, inherent with
unusual weather conditions, the sy.stem could not
withstand the tremendous runoff common to this area
of the City, thus multiplying an already marginal
condition in the area, currently being multiplied
by proposed bui)ding construction.
Ms. Strawn, on behalf of the residents and property owners,
requested assurance from Council and the petitioner that before this
project is given approval, inadequate sewer facilities and drainage
problems will be firmly resolved.
(For full text, see communication on file in the City C)erk's Office.)
Mr. Natt referred to the traffic situation, advising that his
client is proposing a deceleration lane to the entrance to the pro-
perty, and it will be continued all the way up to the entrance at the
shopping center. He said a third lane will be added to Grandin Road
Extension up to the traffic light which will help ingress and egress
and the traffic flow toward Route 419. He explained that the project,
according to City staff, will generate approximately 1,200 trips per
day and present traffic is 5,000 trips per day, which is 50% of its
design capacity. Mr. Natt stated that even if 1,200 trips per day are
added, the road will be at 60% of its design capacity; and the provi-
sion of a deceleration/acceleration lane should provide for safe access
to the site.
Mrs. Danielle Rand, 3571 Mudlick Road, S. W., appeared before
Council and advised that the traffic study referred to by Mr. Natt was
done in 1984 and has not been updated since that time.
With regard to the traffic situation, Mr. William F. Clark, Direc-
tor of P~blic Works, advised that there are traffic problems throughout
the City during peak rush hours; that Grandin Road Extension is not at
its design capacity; and this development, in and of itself, does not
push the road beyond its design capacity.
Colonel Leonard S. Becker, 1916 Walmann Road, S. W., appeared
before Council and advised that a meeting was held with the developers
of the project, and the consensus of opinion of those property owners
in attendance was that this is the best offer for use of the property
so far. He said he has been assured by Mr. Natt that the drainage
situation will be taken care of; that discussions have been held
regarding the eight inch storm drain; that discussions were held con-
cerning traffic, noting that he has appeared before Council previously
with regard to the traffic on Grandin Road Extension and the installa-
tion of shoulders. He said the developer plans to install a path from
Airview Road past the entranceway into the shopping center, and pedes-
trians will be able to walk from Airview Road to the shopping center
without being bothered by traffic.
Following discussion and questions by the members of Council,
Ordinance No. 28385 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Tayl or ....... 6.
NAYS: None .......
Oe
(Council member Harvey was absent.)
At 9:25 p.m., the Mayor declared the meeting in recess.
At 9:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of James L.
Cross, Jr., representing Nancy S. Wheeler; Curtis W. Fitzgerald, repre-
senting Rafael and Gwendolyn Porres, Spurgeon W. and Inez F. St. Clair,
and Earl H. and Cheryl S. Mitchell, that a tract of land lying between
the 4800 and 5000 blocks of Melrose Avenue, N. W., designated as
Official Tax Nos. 6090502, 6090503, 6090506, 6090508 and 6090509, be
rezoned from C-2, General Commerci al Di strict, to I_M, Light
Manufacturing District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday, October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending denial of
the request for rezoning for the following reasons, was before Council.
The use would continue a trend of unplanned strip
development in the area.
LM zoning is consistent with the intent of the Com-
prehensive Plan and the Zoning Ordinance.
659
660
ACTION:
ACTION:
ACTION:
The proposal would encroach upon good quality re-
sidential neighborhood.
Issues related to storm water management and traf-
fic have not been addressed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No.
609, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City."
The motion was seconded by Mr. Garland.
Mr. James L. Cross appeared before Council on behalf of the peti-
tioners and advised that at the time the rezoning request came before
the City Planning Commission certain problems developed that he did not
have an opportunity to address prior to the public hearing; that he has
met with the staff of the City Planning Commission and it appears that
all of the problems can be resolved. He asked that the request for
rezoning be referred back to the City Planning Commission for further
consideration and report to Council.
Mr. Bowers offered a substitute motion that the request for
rezoning be referred back to the City Planning Commission for further
consideration and report to Council. The motion was seconded by Mr.
Trout and adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Eugene M. Elliott,
Jr., Attorney, representing Corbieshaw Associates, a General Partner-
ship consisting of Eugene M. Elliott, Jr., Michael M. Waldvogel and
Thomas M. Hubard, that a certain tract of land located at the intersec-
tion of Brambleton Avenue and Woodlawn Avenue, S. W., designated as
Official Tax No. 1650318, be rezoned from RS-3, Single Family Residen-
tial District, to C-1, Office and Institutional District, subject to
certain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday, October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request for rezoning be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28386) AN ORDIliANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 779.)
The motion was seconded by Mr. Garland.
Mr. Eugene M. Elliott, Attorney and Partner, representing
Corbieshaw Associates, appeared before Council and advised that it is
proposed to subdivide a 21/2 acre parcel of land into seven different
lots, and basically divide the acreage approximately one-third and two-
thirds. He said the use which is proposed for the area is approxima-
tely one-half of the maximum use under the C-! zoning; that it is
intended to conform to the transitional nature of this piece of proper-
ty; that it is also proposed to construct two 6,600 square foot
buildings and one 6,900 square foot building, which is approximately
one-half of what could be permitted. He explained that drawings have
been submitted indicating a traditional style of architecture that
would be required on all of the parcels, giving a total blended look
rather than a piecemeal development.
Mr. Elliott said building standards provide for a pitched roof of
shingle, shake or metal construction, brick and lumber construction,
the w(ndows would not be n~re than 25% of the exterior areas, either
one or two stories, air condition and mechanical units would be
screened with materials similar to the building materials used on the
actual structures, the electrical service would be underground, signage
would be limited to the first floor area and would not be neon type
signs, and the pavement would be complete with curbing.
Mr. Elliott said the only question he is aware of is in respect to
the entrance/exit; whereupon, he verbally proffered to allow the deci-
sion as to access to be made by the Engineering and Planning Depart-
ments in their final site plan review.
Mr. Stephen W. Urick, 1319 Clark Avenue, S. W., appeared before
Council and advised that he does not object to the use of the property
but his concern is for the safety of approximately 250 children who
would be affected by the access road.
661
Mr. E]liott orally proffered that the entrance/exit will be from
Woodlawn Avenue, S. W.
The City Attorney advised that Mr. Elliott has proffered an oral
condition which is voluntary on the part of the petitioner; that prof-
fers are always included in the written petition to rezone, and the
precise language needs to be worked out with Mr. E11iott.
The Mayor advised that having heard the statement of the City
Attorney, Council will hold the vote on the request for rezoning in
abeyance until later in the meeting to enable the City Attorney to
confer with Mr. Elliott as to his oral proffer.
Later during the meeting, the City Attorney advised that he had
conferred with Mr. E11iott and agreed upon certain language to amend
the Ordinance according to the desires of the petitioner. He said the
following language should be inserted On the last line of Page 2 of the
proposed Ordinance:
ACTION:
"and further subject to the additional proffered
condition that the driveway shown as exiting on
Spessard Avenue, S. W., on petitioner's Exhibit B
attached to the Petition to Rezone shall be reloc-
ated through Parcel C to exit on Woodlawn Avenue,
S. W., and the proffered site plan shall be amended
accordingly."
Mrs. Bowles moved that the Ordinance be amended as above set
forth. The motion was seconded by Mr. Garland and adopted.
Mrs. Bowles moved that the following Ordinance, as above amended,
be placed upon its first reading:
(#28386) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of' Roanoke (lg79), as amended, and Sheet No. 165, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proferred by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 779.)
662
ACTION:
ACT[ON:
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........................................ 6.
NAYS: None .............
.0.
(Council member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986,. at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Clifton A. Wood-
rum, Attorney, representing O. DeWitt Hartman and Helen W. Hartman,
that two tracts of land containing approximately 1.03 acres, located at
the intersection of Woodbridge Avenue and Peters Creek Road, N. W.,
designated as Official Tax Nos. 63/0206 and 6370207, be rezoned from
RS-3, Single Family Residential District, to C-2, General Commercial
Dj.strict, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday, October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the rezoning request, advising that given ,the land use and zoning pat-
terns on Peters Creek Road, office use of the subject property is
reasonable; and future redevelopment of the property, if it were to
occur, would require appropriate landscape screening and setbacks so as
to protect the integrity of the residential neighborhood, was before
Counci 1.
.(For full text, see report on file in the City Clerk's Office.)
Mr. Trout.moved that the following Ordinance be placed upon its
first reading:
(#28387) AN OI~DINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 780.)
The motion was seconded by Mr. Musser.
Mr. Clifton A. Woodrum, Attorney, appeared before Council in sup-
port of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28387 was adopted on its first reading by
the following vote:
AYES: Council members Trout, Bowers', Bowles, Garland, Musser and
Mayor Taylor- 6.
I~&YS: None ..............
-0.
(Council member Harvey was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Daniel F. Layman,
Jr., Attorney, representing Barry E. Dotson & Associates, Inc., that
four tracts of land located on the east side of U. S. Route 220 South
(Franklin Road) at its intersection with Southern Hills Lane (Virginia
Route 722), designated as portions of Official Tax Nos. 5470116,
5470118, 5470119, and all of Official Tax Nos. 5470117, be rezoned from
RS-3, Single Family Residential District and C-1, Office and Institu-
tional District, to C-2, General Commercial District, subject to cer-
tain proffered conditions, the matter was before the body.
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday,' October 3, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the rezoning request, advising that the proposed development would be
beneficial to the community and enhance the Route 220 corridor; that
the construction of a shopping center on the property would provide
coordinated commercial development on a major highway in a clustered
manner which is more desirable than the piecemeal trip development
which has occurred over the years; that issues dealing with storm water
management and transportation need further study and resolution; and
discussions concerning this issue with the developer and his engineer
will be continued during site plan and subdivision review, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28388) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 547, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 781.)
The motion was seconded by Mrs. Bowles.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his clients.
Mr. Musser offered a substitute motion that action on the request
for rezoning be deferred until a response has been received from the
Attorney General concerning a communication from Counci) member Harvey
requesting information on the status of moratoriums on shopping cen-
ters.
There being no second to the substitute motion, the Mayor declared
the substitute motion lost.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28388 was adopted on its first reading by
the following vote: ..
AYES: Council members Trout, Bowers, Bowles, Garland and Mayor
Tayl or ........ ---5.
NAYS: Council member Musser ........
(Council member Harvey was absent.).
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon
thereafter, .as the matter may be heard, on the request of John R. Pat-
terson, Attorney, representing Underhill Associates, a Virginia general
partnership composed of Robert E. Blair and Elmer J. Craft, Jr., and
Robert E. Blair and Ida B. Blair, husband and wife, that a paper alley,
approximately 600 feet in )ength, located off Spruce Street, S. E.,
between Underhill Avenue and Brownlee Avenue, S. E., lying between
Official Tax Nos. 4330801, 4330802, and 4330814, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday,'"October 3, 198G.
(See publisher's affidavit on file in the City Clerk's Office.)
663
664
ACTION:
A report of the City Planning Commission recommending that the
application be approved, subject to the condition that an easement be
retained for the City's existing sanitary sewer line was before
Council. ,
The recommendation of the City Planning Commission was based on
the following conclusions:
Alley has remained undeveloped for many years.
City has no plans to utilize the alley as a public
ri ght-of-way.
Property owner could utilize the land within the
alley in a more practical manner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28389) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 782.)
The motion was seconded by Mr. Trout.
Mr. John R. Patterson, Attorney, appeared before Council in sup-
port of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 28389 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor .......
NAYS: None ........
(Council member Harvey was absent.)
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Septem-
ber 26, 1986, and Friday,- october 3, ]986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
application to close and permanently vacate the subject portions of
Kimball Avenue and Seventh Street, N. E., be approved, subject to the
condition that an adequate easement be retained for the City's existing
water, sewer and storm drainage facilities, was before Council.
It was pointed out that the Roanoke Redevelopment and Housing
Authority has requested that the City convey to them, by quitclaim
deed, any interest the City may have in the vacated right-of-way, and
the City Administration recommends that this be authorized.
(For full text, see report on file in the City Clerk's Office.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 13, 1986, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Daniel F.
Layman, Jr., Attorney, representing the City of Roanoke Redevelopment
and Housing Authority, that certain portions of Kimball Avenue and
Seventh Street, N. E., be permanently vacated, discontinued and closed
the matter was before the body. '
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(//28390) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 783.)
The motion was seconded by Mr. Bowers.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
No person wishing to address Council with regard to the request to
vacate, discontinue and close certain portions of Kimball Avenue and
Seventh Street, N. E., Ordinance No. 28390 was adopted on its first
reading by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None
(Council member Harvey was absent.)
665
CONSENT AGENDA:
I
ACTION:
ACTION:
The'Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and con~ittees
appointed by Council; and an additional personnel matter.
COUNCIL: A c'ommunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950)
as amended, was before the body. '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Tayl or ....... : ..... .. ...... 6.
NAYS: None .........................
(Council member Harvey was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended, was before the
body.
(For full.text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as. amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
666
ACT[ON:
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........... 6.
NAYS: None ........ O.
(Council I~mber Harvey was absent.)
CABLE TELEVISION: A communication from Cox Cable Roanoke transt-
mitring a summary of the cable company's status as of September 30,
1986, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........ 6.
NAYS: None
(Council member Harvey was absent.)
BUSES-ACTS OF ACKNOWLEDGEMENT: A report of the City Manager
advising that Mr. H. Joel Kelly, 1113 Penmar Avenue, S. E., appeared
before Council on Thursday, September 25, 1986, and requested that
Council pass a measure recognizing the contribution of Valley Metro to
the elderly and handicapped; that the General Manager of Valley Metro,
responded to a question from Mr. Robert A. Garland, Director, Greater
Roanoke Transit Company, at an earlier meeting on the same date, that
Valley Metro had coordinated with the Easter Seal Society for iden-
tification and certification of handicapped who are eligible for
reduced fares on Valley Metro; and Greater Roanoke Transit Company,
dba/Valley Metro, is a wholly owned subsidiary of and is financially
supported by the City of Roanoke, was before Council.
It was explained that a formal measure of recognition for per-
forming a service for the citizens, either by City staff or by staff of
a wholly owned subsidiary seems inappropriate; that a letter of appre-
ciation to Mr. Kelly from the General Manager of Valley Metro seems
appropriate; and recon~ending that Council instruct the City Manager to
request the General Manager of Valley Metro to write a letter of.appre-
ciation to Mr. Kelly thanking him for complimenting Valley Metro bus
service.
Mr. Trout moved that Council concur in.the recommendation of the
City Manager. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ................................................... ~ ..... 6.
NAYS: None .................
(Council member Harvey was absent.)
COUNCIL: A communication from Council member James O. Trout
requesting that Council meet in Executive Session to discuss the acqui~
sition of real property for public purposes, pursuant to Section 2.1-
344 (a) (2), Code of Virginia, 19850, as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss the acquisition of real property for
public purposes, pursuant to Section 2.1-344 (a) (2), Code of Virginia,'
1950,'as amended. The motion was seconded by Mr. Bowers and adopted by
the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Noel C. Taylor ................................................. 6.
NAYS: None ..................................................... O.
(Council member Harvey was absent.)
REGULAR AGENDA:
667
II
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC ~TTERS:
PARKS AND PLAYGROUNDS: A request having previously been placed on
tile agenda to address Council with regard to improvements made this
year at Mill Mountain Zoo, the Mayor advised that Mr. Tim Jamieson,
Vice President, Mill Mountain Zoo, Inc., requested that the matter be
deferred until the next regular meeting of Council on Monday, Octo~
bet 20, 1986; whereupon, Mr. Trout moved that Council concur in the
request for deferral. The motion was seconded by Mr. Bowers and
adopted.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Daly Seven, Inc., in
financing the acquisition, construction and equipping of a 100 room
motel facility in the City, by issuance of its industrial development
revenue bond, in an amount estimated at $2,000,000.00, was before
Council.
A further communication from the Industrial Development Authority
requesting approval of a plan to assist Chief Rentals in amending the
Authority 's outstanding $910,000.00 Aggregate Amount Industrial Deve-
lopment Revenue Notes issued March 17, 1981, to finance the acquisi-
tion, construction and equipping of a restaurant facility in the City,
was also before Council.
The Mayor advised that the individuals involved in the above mat-
ters have requested that action be deferred until the regular meeting
of Council on Monday, October 27, 1986; whereupon, Mr. Trout moved that
Council concur in the request for deferral. The motion was seconded by
Mr.'Garland and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Airview Court Subdivision was plated in 1955 and 1956
when the area was in Roanoke County, and portions of the property were
reserved for the future development of Norwood Street; that right-of-
way acquisition for a storm drain facility was made in late 1980 from
Mrs. Edna Norton; that this acquisition was adjacent to the land pre-
viously reserved for the future development of Norwood Street; and on
October 21, 1980, a letter from the City Administration to Mr. Bob
Caudle, son of Mrs. Norton, described the policy in effect at that time
for opening unimproved, dedicated rights-of-way, but the letter did not
clearly recite the responsibility of subdivision developers in such
instances; and a report recommending that the City and the developers
cooperatively open Norwood Street was on Council's agenda on Septem-
ber 8, 1986, but was continued for further consideration at the request
of neighborhood residents.
It was explained that title search by the City Attorney's Office
has determined that the property reserved for Norwood Street has not
been properly dedicated for public right-of-way; that this needs to be
resolved due to the existence of the City's storm drain facilities
through the area as well as the proposed street opening; that a peti-
tion was submitted to Council by residents of the Norwood Street area
objecting to the construction of this street at taxpayers' expense; and
a meeting was held on September 30, 1986, between neighborhood resi-
dents and City Administrators to discuss the previous request for the
opening of Norwood Street.
668
ACT[ON:
The City Manager recommended that Council authorize the construct
tion of Norwood Street cooperatively with the adjoining property
owner/developers by means of the following actions:
Authorize the acquisition of the reserved portion
of Norwood Street by donation, or purchase, or cone
demnation, if necessary, for consideration not to
exceed $5,000.00 without further approval from City
Council; transfer funds in the amount of $5,000.00
from Shenandoah Avenue Realignment Project (Account
No. 008-052c9540) into a new account entitled
"Norwood Street" to be established by the Director
of Finance.
Authorize the City Manager to enter into an agree-
ment, in the general form attached to the report,
in a form acceptable to the City Attorney, pro~
viding for the cooperative construction of Norwood
Street between Airview Road and Hope Road.
Appoint a viewer to ascertain what damages, if any,
will occur on adjoining private property as a
result of the opening of Norwood Street.
The City Administration will make every effort to
work with the neighborhood residents to address the
concerns ~ich have been raised, recognizing that
some differences of opinion have been expressed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28391) AN ORDINANCE to amend and reordain certain sections of
the 1986~87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 771.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland.
Mr. E. J. Ewing, 5024 Gateway Avenue, S. W., appeared before
Council and advised that the intersection of Airview Road and Grandin
Road is a difficult intersection to see either way and requested that
the road be opened to Walmann Road and Hope Road to eliminate a danger-
ous situation.
Mr. Bob R. Caudle, Jr., 4110 Chesterton Street, S. W., appeared
before Council on behalf of his father who was in the hospital. He
read a communication from Mr. Caudle, Sr., advising that the letter on
behalf of the City of Roanoke from Mr. Richard B. Hamilton, Rightcof-
Way Agent, dated October 21, 1980, relative to the purchase of a
tion of the land for the Norwood Street storm drainage project states
as fol lows:
"This is in response to your request for informa-
tion concerning your future financial obligations
relative to the construction of the segment of Nor-
wood Street we propose to purchase through your
mother's property. As ! told you on October 14, we
do not anticipate actually building the street at
this time but will wait until there is a need for
it. The City's policy, according to Mr. T. F.
Brady, Director of Public Works, is to initiate
construction when the first buil~ling permit is
issued for a dwelling to be se. rved by this street
........ The street will be built by City forces at
City expense. No private funding will be invol,
ved,"
Mr. Caudle Sr. advised that the agreement letter for the Norwood
Street storm drainage project of February 10, 1981, states that the
City of Roanoke's letter of October 21, 1980, is included; that the
City wrote his mother a letter based upon this agreement; and the City
of Roanoke's letter of June 5, 1986, also acknowledges this agreement
which was signed by the City's Right-of-Way Agent.
Mr. Caudle Sr. pointed out that the people who signed the petition
knew nothing of the statements contained in the October 21, 1980,
letter, and this was acknowledged at the public meeting two weeks ago;
that 11 of the 33 signatures on the petition are not residents of
Airview Road Subdivision, but of the general area; that of 30 houses
located on Walmann, Hope and Airview Roads, only 11 are represented or
37 per cent; that if the area which is represented by the people who
signed the petition is taken into consideration, only 33 of the 95
houses are represented, or 23 per cent, which points out that the peti-
tion was not signed by a majority of the people in the area; and at the
public meeting held two weeks ago, only seven of the 33 persons who
signed the petition were present and each received notice of the
meeting.
669
Mr. Caudle Sr. requested that Council honor the recommendation of
the City Manager.
Colonel Leonard S. Becket, 1916 Walmann Road, S. W., appeared
before Council and responded to the letter written by Mr. Hamilton
under date of October 21, 1980, noting that Mr. Caudle Jr., did not
read all of the letter, as follows:
"As I told you on October 14, we do not anticipate
actually building this street at this time but will
wait until there is a need for it. The City's
policy, according to Mr. Brady, Director of Public
Works, is to initiate construction when the first
building permit is issued for a dwelling to be
served by that street. Initially, construction
will consist of the shortest length of street
necessary to reach the driveway entrance of the
first house. The improvements will consist of
grading to the standard residential width and sur-
face treatment, tar and gravel. This is equivalent
to the streets that already exist in the neigh-
borhood. No curb, gutter or sidewalk would be
instal led."
Colonel Becket stated that the City's policy is very clear, but
Mr. Caudle is now asking for a street 785 feet long to be constructed,
partly at the developer's cost and two-thirds at City cost, plus seven
houses, when the original request was for four houses and a street 400
feet long. He said he is of the opinion that when Mr. Hamilton wrote
the letter he had not actually viewed the Norwood Street, Walmann Road,
Hope Road, or Airview Drive area, noting that Walmann Road is a thirty
foot street with curb and gutter. '
Colonel Becket advised that if Council approves the construction
of the street, tile staff report says that curb and gutter will be
installed on the north side of Norwood Street where the seven houses
will be constructed, that there is no need for curb and gutter on the
south side and a ditch can be put in at that location. He inquired as
to where the water will go from the north side to the west side, to the
south side, and if the ditch is approved, the City will have to build
approximately a fifty foot culvert under Walmann Road. He said he does
not believe the City does a half way job of letting part of the street
.be tarred and graveled, and part of the street with curb and gutter on
one side and a ditch on the other side. He inquired as to where the
water will go if Council agrees to the ditch. He commented that if
curb and gutter is not installed, there will be a problem with water,
and at the foot of Walmann and Hope Roads, there are two catch basins
for the storm drain in the middle of the proposed street which will
have to be moved.
670
ACTION:
Colonel Becket said that his complaint is, why should taxpayers'
pay for a street for the benefit of a developer who is putting in a
subdivision and, if Council approves the request, it will open the door
for other subdivision developers to make similar requests. He recom-
mended that Council approve Alternative B of the City Manager's report
which would deny any participation in the construction of Norwood
Street.
Mr. E. Ray Varney, 1926 Hope Road, S. W., appeared before Council
and advised that he is in favor of the opening of Norwood Street; that
the problems of sewer and drainage have already been addressed by a
previous agenda item (Rezoning of a tract of land on Airview Road and
Grandin Road Extension). Mr. Varney pointed out that the opening of
Norwood Street would benefit residents of Hope Road, and he is of the
opinion that Mrs. Norton has a legitimate agreement with the City to do
the work, and he would not want the City to renege on an agreement that
it has with one of its citizens.
Mr. Robert W. Hollins, 1906 Wa]mann Road, S. W., appeared before
Council and advised that his main concern is with the increase in traf-
fic through the neighborhood should this street be extended as is pror
posed. He stated that with Council's approval earlier this evening of
a 192 unit condominium complex, which is approximately two blocks away
from his residence, this alone will add a tremendous volume of traffic
to the Grandin Road Extension area. He said in his opinion the traffic
that flows down Norwood Street will increase tremendously, especially
in the evenings when Allstate Insurance Company employees are leaving,
advising that instead of coming to the traffic light at Route 419 and
Grandin Road Extension and making a left and coming back toward town,
they will cut through Norwood Street and up Walmann Road because it has
the best access to Grandin Road, thereby adding to the thoroughfare of
a residential area.
Mr. Hollins said he would ho~e that Council would see the addi-
tional traffic that would be coming through the Walmann Road area down
the Norwood Street extension and, if the City proposes to do anything,
that it not put .in a through street, but that access to the seven par-
cels of property be from Walmann Road or Hope Road only, and that Nor~
wood Street not come all the way through.
There being no further persons wishing to address Council
regarding the matter, Ordinance No. 28391 was adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ........................ ~ ......... 6.
NAYS: None ....................... , ............. O.
(Council member Harvey was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28392) AN ORDINANCE providing for the acquisition of right-of-
way needed by the City for the opening of Norwood Street, S. W., bet~
ween Airview Road, S. W. and Hope Road, S. W.; authorizing the City
Manager to fix to a certain limit the consideration to be offered for
such right-of-way if necessary; providing for the City's acquisition of
such right-of~way by condemnation, under certain circumstances; autho~
rizing the City to make motion for the award of a right of entry on any
of the said rlght-of-way for the purpose of constructing improvements
to the right-of~way; and providing for an emergency.
· (For fu]l text of Ordinance, see Ordinance Book No. 49, page 772.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Harvey was absent.)
m
m
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28393) AN ORDINANCE authorizing the City to grade and improve
Norwood Street, S. W., between Airview Road, S. W., and Hope Road,
S. W.; appointing an officer of the City to ascertain whether such
grading will damage the abutting properties; authorizing the execution
of an agreement with an abutting property owner for the construction of
certain improvements relating to said street; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 773.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Tayl or ....... ~ ........... 6.
NAYS: None .......
O®
(Council member Harvey was absent.)
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Lake Drive, S. W., was developed as a private street when
the Windsor Hills area was in the County of Roanoke, and it is still
private; that most of the homes on the street were built in the 1950's
with at least one home built in 1929; that annexation of the area to
the City occurred on January 1, 19/6; that some residents along the
street would like to have all City services (which particularly includes
street maintenance, water service and street lights); that a report to
Council recommending that the City accept Lake Drive to public main-
tenance under certain conditions was submitted to Council on July 28,
1986; that the subject was referred back to the City Administration to
continue working with the residents toward a possible agreement; and a
meeting with neighborhood residents was held early in August and an
interest survey was conducted with all residents/property owners.
It was explained that improvements which could be implemented
include:
Removal of two speed bumps at a cost which could be
included in regular maintenance activities.
Resurface existing pavement, 18 feet wide, which
could be done through the annual paving program
(assuming 1,000 feet long, would cost approximately
$8,000).
Review, under normal City policy, for installation
of three street lights. If approved, cost is $6.05
per month per light, or an annual cost of $21/.80.
Monies are presently budgeted for such work.
Water service for a distance of approximately 1,000
feet at a current total cost of $12,000.00, Pro-
perty owners share would be $5,000.00, and they
would be entitled to refunds of $200.00 per resi~
dent who takes water service within 30 days of
water main completion. Residents would also be
required to pay the prevailing connection fee for
water service and meter when they sign for water
,service. If a water line is to be installed, such
should be done before the street is paved.
It was further explained that deeds wtll need to be prepared by
an attorney who should be retained by the affected property owners;
that title search, at a cost of $1,500.00, will have to be completed
and can be performed by the City Attorney's Office, which will deter-
mine exactly who owns the property needed for a public rlght-ofrway;
that surveys and rlght-of-way dedication plats will need to be per-
formed by a surveyor who should be retained by the affected property
owners; and an interest survey was mailed to 22 residents/property
owners along Lake Drive, S. W. and to date 16 responses have been
received. '
671
672
ACTION:
The City Manager recommended that Council authorize the City
Administration to proceed toward accepting Lake Drive for public main~
tenance, providing water service, street lights and street maintenance,
contingent upon 100% donation of right-of-way, with funding from exist~
lng City accounts, and receipt of appropriate funding front the citizens
for extension of water service, noting that if considerable differences
of opinion persist among the property owners, the City wil! be unable
to implement the recommendation.
(For full text, see report on file in the City Clerk's Office.)
There was discussion with regard to one hundred per cent donation
of right-of~way by the residents; whereupop, the City Manager advised
that the City will be as flexible as possible and still have a reason-
able policy that can be applied to private roads throughout the City.
He said once the City crosses over the line and begins to pay some
people, it ends up rewarding those people who are not willing to
donate property. He explained that once the City gets into the taking
of private property for a public street, especially where it is
currently a private street and has been constructed for that purpose,
it places the City in a difficult position. He stated that .it is his
hope Council will follow his recommendation, advising that the City has
had an outstanding working relationship with the people on Lake Drive.
Mr. Musser moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Trout and adopted.
HEALTH DEPARTMENT-HOUSING~GRANTS: The City Manager submitted a
written report advising that the Vacant Lot Homesteading Program was
developed to reduce the number of vacant, neglected lots in the City's
neighborhoods by helping responsible parties buy the lots; that loans
made by the City under the Program cover purchase price up to appraised
value, services of a realtor in some cases, legal fees, costs to clear
the lot initially in cases whePe needed, and other reasonable expenses;
and current available funding approved by the City for the Vacant Lot
Homesteading Program is approximately $16,250.00, all from Community
Development Block Grant Funds.
It was explained that five additional candidate lots have been
identified as appropriate for the Program; that four of the five lots
have been escheated by the State and are to be auctioned in October or
November; that contracts with intended buyers of the vacant lot must be
executed to commit each to buy the lot if it is available and to main~
tain it after it is transferred to the buyer; that these commitments
from homeowners adjacent to the vacant lots have been obtained; that
funds are available in CDBG Account No. 035~084~8420~5104 approved and
established for the Vacant Lot Homesteading Program; and any delinquent
tax, weed, or demolition liens held by the City against any lot will be
paid from the proceeds of sale of that ]ot, to the limit of the pro-
ceeds of the sale after expenses of the sale.
The City Manager recommended the following action by Council:
Authorize the City Manager or his designee to exe~
cute contracts with appropriate parties to acquire
and maintain the vacant lots identified on an
attachment to the report in accordance with the
Vacant Lot Homesteading Program approved by City
Council on July 25, 1983, the contracts to be
approved as to form by the City Attorney..
Authorize deferred payment forgivable loans from
CDBG Vacant Lot Homesteading Account 035~084~8420~
5104 in amounts to be determined in each case pur-
suant to the approved 'Vacant Lot Homesteading
Program, to the appropriate buyers for purchase and
related expenses for the transfer of the lots iden-
tilled on the above referenced attachment.
ACT[ON:
673
Authorize the City Attorney and the Director of
Finance to serve as trustees of each deed of trust
on each loan extended to buyers of the lots identi-
fied on the above referenced attachment under the
Program.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following ~nergency Ordinance:
(#28394) AN ORDINANCE authorizing the City Manager to execute
Agreements for Acquisition and Maintenance of Vacant Lot with certain
purchasers of vacant lots under the City's Vacant Lot Homesteading
Program, authorizing the City Attorney and Director of Finance to exe~
cute deeds of trust securing loans made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute certificates of satisfaction; and providing for an
emergency,
(For full text of Ordinance, see Ordinance Book No. 49, page 773.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ...................... ~ .................... 6.
NAYS: None ................................. O.
(Council member Harvey was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that Council on June 17, 1985, adopted a resolution
requesting that the Virginia Department of Highways and Transportation
convey the dead-end portion of Cross Road to the City of Roanoke for
use as deemed appropriate, and authorized the City Attorney to file the
necessary papers to effectuate the closing of Cross Road, which actions
were taken to allow development of a landscaped park at the intersec-
tion of Hershberger Road and Williamson Road, as recon~nended by the
Williamson Road Area Business Association; that Council authorized the
closing of Cross Road on September 26, 1985, pursuant to Ordinance No.
27779; and. the Highway Department conveyed the dead-end portion of
Cross Road to the City of Roanoke on November 8, 1985.
It was explained that the Andrews Family has generously contri-
buted a total of $11,300.00 towards the development of the park; that a
Landscape Design Plan for the subject site has been developed with the
involvement of the Williamson Road Area Business Association (WRABA);
that WRABA also wishes to erect an appropriate marker in memory of
Thomas Jefferson Andrews (1890~1983), a respected farmer and outstand~
ing civic leader who made significant contributions to the development
of the Williamson Road area; that cost of the total project is esti-
mated to be $27,550.00; that the contract work is estimated to be less
that $10,000.00 per item, and as such, the award for the work is anti~
cipated to be handled administratively as permitted under the City's
Procurement Procedure once funding is in place; that the project sche-
dule is to complete a substantial portion of the work ~y fall, 1986,
barring any unforeseeable circumstances; and the City Planning Commis-
sion is anticipated to present its recommendation to the Council
regarding the naming of the Park within the next few weeks.
The City Manager. recommended that Council appropriate $20,000.00
from the following sources into a capital account to be established by
the Director of Finance for the subject project:
Contributions received from Andrews Family
(Capital Projects Fund Account #008~1130)
Undesignated Capital Funds
$11,300.00
8,700.00
Total $20,000.00
674
ACTION:
ACTION:
The City Manager also recommended that he be authorized to erect an
appropriate marker in the park recognizing Thomas Jefferson Andrews, an
outstanding civic leader who made significant contributions to the
development of the Williamson Road area,
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28395) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page /74.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr, Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ................. 6.
NAYS: None .................
(Council member Harvey was absent,)
REPORTS OF COMMITTEES:
BUDGET-INDUSTRIES: Council member Robert A. Garland, Chairman of
a committee appointed by the Mayor to tabulate bids received for site
grading at Orvis, Inc., in the Roanoke Centre for Industry and Techno-
logy, presented a written report on behalf of the committee, recom-
mending that Council award a contract to Joe Bandy & Son, Inc., in the
amount of $136,515.00 and establish a contingency, in the amount of
$13,000.00, for a total not to exceed $149,515.00; that Council appro~
priate $149,515.00 from Undesignated Capital Funds to an account to be
established by the Director of Finance; and that the other bids be
rejected.
The City Manager submitted a written report recommending that
Council concur in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28396) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and provi, ding for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 775.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Harvey was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28397) AN ORDINANCE accepting the bid of Joe Bandy & Son, Inc.,
for site grading on City owned property being developed for Orris, Inc.
in the Roanoke Centre for Industry and Technology, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 7/6.)
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ....... 6.
NAYS: None
O®
(Council member Harvey was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY PROPERTY: Ordinance No. 28383 providing for the donation of
a .19~acre parcel of City-owned land to Roanoke County for county com~
munity improvement purposes, having previously been before the Council
for its first reading on Monday, October 6, 1986, read and adopted on
its first reading and laid over, was again bel~ore the body, Mr. Musser
offering the following for its second reading and final adoption:
(#28383) AN ORDInaNCE providing for the donation of a .19~acre
parcel of Cityrowned land to Roanoke County for county community impro~
vement purposes.
(For full text of Ordinance, see Ordinance Book No. 49, page 771.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ................... . ....... 6.
NAYS: None
(Council member Harvey was absent.)
PARKS AND PLAYGROUNDS-SCHOOLS: Mr. Garland offered the following
Resolution expressing appreciation to the Westside Elementary School
PTA for their generous contribution of $3,000.00 for play equipment at
Westside Park:
(#28398) A RESOLUTION expressing appreciation to the Westside
Elementary School PTA for their generous contribution of funds for play
equipment at Westside Park.
(For full text of Resolution, see Resolution Book No. 49, page 776.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor .....................
NAYS: None ........... . ................. O.
(Council member Harvey was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SIDEWALK, CURB AND GUTTER: Council member Trout presented a peti~
tion signed by 40 residents of the 3000-3200 blocks of Oaklawn Avenue,
N. W., requesting that sidewalk, curb and gutter be installed in the
three block area in connection with the Williamson Road Drainage
Program.
(For full text, see petition on file in the City Clerk's Office.)
The petition was referred to the City Manager for appropriate
disposition.
675
676
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS: NONE.
At 10:45 p.m., the Mayor declared the meeting in recess.
At 11:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Harvey.
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
terms of Susan M. Goode and Richard L. Meagher as members of the Archi~
tectural Review Board expired on October 1, 1986, and called for nomi~
nations to fill the vacancies.
Mr. Bowers placed in nomination the names of Susan M. Goode and
Richard L. Meagher.
There being no further nominations, Ms. Goode and Mr. Meagher were
reelected as members of the Architectural Review Board for terms of
four years each ending October 1, 1990, by the following vote:
FOR MS. GOODE AND MR. MEAGHER: Council members Trout, Bowers,
Bowles, Garland, Musser and Mayor Taylor ...... -6.
(Council member Harvey was absent.)
INDUSTRIES: Mr. Garland offered the following Resolution reap~
pointing W. Bolling Izard as a Director of the Industrial Development
Authority of the City of Roanoke, to fill a four year term on its Board
of Directors:
(#28399) A RESOLUTION appointing a director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year
term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 49, page 777.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Musser and
Mayor Taylor ......... . ........... 6.
NAYS: None
(Council member Harvey was absent.)
CELEBRATIONS: The Mayor advised that with the concurrence of
Council, the following persons have agreed to serve as members of the
City of Roanoke Constitutional Bicentennial Commission:
Wilburn C. ~bling, Jr.
W. Holly Engle
William B. Hopkins, Sr.
W. Courtney King, Jr.
Gilbert E. Butler, Jr.'
E. Laban Johnson
It was noted that the commission will work jointly with a com-
mission appointed by Roanoke County to plan appropriate activities com-
memorating the 200th anniversary of the Constitution of the United
States.
CELEBRATIONS: The Mayor advised that there is a vacancy on the
Special Events Committee created by the resignation of Daniel L. Frei
for a term ending June 30, 1987, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Sharon G. Watson.
There being no further nominations, Ms. Watson was elected as a
member of the Special Events Co~nittee for a term ending June 30, 1987,
by the following vote:
677
ACTXON: FOR MS. WATSON: Council members Trout, Bowers, Bowles, Garland,
Musser and Mayor Taylor- . ...................... 6.
(Council member Harvey was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 12:00 midnight.
APPROVED
ATTEST:
City Clerk
678
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 20, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 20, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2~15, Rules of Procedure, Code of the City, of Roanoke
( 1979'), as amended. .. ~.~ .., ~
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ....... ~7.
ABSENT: None
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by the Reverend James Thomason,
Pastor, Rosalind Hills Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BIDS OPENINGS:
ACTION:
ACTION:
AIRPORT: Pursuant to notice of advertisement for bids for 1986
Roof Replacement No. 2 at the Roanoke Regional Airport Terminal Buildr
lng, Roof Level E, said proposals to be received by the City Clerk
until 1:30 p.m., on Monday, October 20, 1986, and to be held, opened
and read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE B ID
Blankenship Roofing Company, Inc.
John T. Morgan Roofing and Sheet
Metal Company, Inc.
Valley Roofing Corporation
I. N. McNeil Roofing and Sheet
Metal Company, inc.
Consolidated Industrial Roofing, Inc.
$ 9,732.00
12,739.00
12,995.00
16,188.00
16,395.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council.
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on Thurs~
day, September 25, 1986, were before the body.
(For ful! text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Counci! members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... ~7.
NAYS: None
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1~344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1r344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -~7.
NAYS: None
679
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS: Ms. Beth Poff, Director, Mill Mountain
Zoo, Inc., appeared before Council and advised that last year Council
appropriated $50,000.00 for zoo improvements. She referred to display
boards showing various improvements such as the bobcat exhibit, addi-
tion of a bunker to the bear cub exhibit, and the Golden~Lion Tamarin
Exhibit. She commented that it has been said that zoos are a reflec-
tion of what a community is, and through the support that Mill Mountain
Zoo has received from Roanoke City this year, the zoo can once again
be something the whole valley can be proud of. She expressed the hope
that the City will continue to show support to the zoo as it proceeds
to upgrade facilities and exhibits.
Mr. Garland moved that the remarks of Ms. Poff be received and
filed. The motion was seconded by Mr. Harvey and unanimously adopted.
TAXES~DOWNTGWN ROANOKE: Mr. Robert W. Hooper, Executive Director,
Downtown Roanoke, Inc., appeared before Council and outlined a proposal
for the creation of a Downtown Service District for the City of Roa-
noke, which is considered by Downtown Roanoke, Inc., to be a big step
for downtown and the City as a whole. He explained that Downtown Roa~
noke is requesting the creation of a downtown service district funded
by an additional property tax of ten cents per $100.00 of assessed
valuation of property within the boundaries of the proposed district by
January 1, 1987. He said Downtown Roanoke is requesting that the ser-
vice district be in effect for a five year period, after which a review
would be conducted publicly to determine whether or not it would merit
continuance.
Mr. Hooper explained that the purposes of downtown service dis~
tricts are to allow a downtown area to provide higher levels of munici-
pal functions than are normally provided and to provide the funding.
Specifically, for Roanoke, it is proposed that the fund be used for
three different areas: economic development, focusing on business
retention and business recruitment; management, including planning stu~
dies; and community relations, including information and referral ser~
vices.
680
ACTION:
ACTION:
ACTION:
Mr. Hooper said it is further requested that Downtown Roanoke,
inc., be designated as the agent to administeP°~100,O00.O0 annually
which is expected to be generated by the district. He stated that
basically this proposal involves the private sector taxing itself to
create a true public/private partnership to continue downtown's revi-
talization. He requested that a public hearing be scheduled for Mon-
day, November 24, 1986, and in the meantime, Downtown Roanoke, Inc.,
will continue to meet with affected property owners, both individually
and collectively, and they stand ready to assist Council and its staff
as the review process commences.
(See written proposal on file in the City Clerk's Office.)
Mr. Bowers moved that Council schedule a public hearing for Mon-
day, November 24, 1986, and that the matter be referred to the City
Manager for study, report and recommendation to Council prior to the
public hearing. The motion was seconded by Mr. Harvey and unanimously
adopted.
The City Manager advised that in anticipation of the referral, he
has tentatively scheduled two administrative public hearings on Novem-
ber 4, 1986, at /:30 p.m., and on November 5, 1986, at 9:30 a.m., in
the City Council Chamber.
It was noted that Council meets at 2:00 p.m., on November 24 and,
traditionally, Council holds its public hearings at 7:30 p.m.; where-
upon, Mr. Garland moved that the public hearing be held on Monday,
December 8, 1986, at 7:30 p.m. The motion was seconded by Mr. Harvey.
Mr. Harvey raised the question of changing the November 24 meeting
frOm a 2:00 p.m. to a 7:30 p.m. meeting; whereupon, Mr. Bowers said
that four hearings will be held on the matter; viz: two hearings by
the City Manager, one public hearing before Council, and the second
reading of the ordinance before Council. He pointed out that it might
be more convenient for downtown property owners and business people to
attend a 2:00 p.m. meeting. Inasmuch as there are November 4 and 5
public hearings scheduled by the City Manager, Mr. Bowers suggested
that Council hold its public hearing at 2:00 p.m., on November 24 and,
after holding the November 4 and 5 administrative public hearings, if
the City Manager is of the opinion that there is going to be sufficient
citizen comment that the matter warrants a night meeting, Council can
delay its public hearing until Monday, December 8, 1986, at 7:30 p.m.
Mr. Garland withdrew his motion that the public hearing be held on
Monday, December 8, 1986, at 7:30 p.m.
Mr. Harvey expressed the opinion that citizens as well as downtown
Roanoke property owners may be interested in the matter; whereupon, he
moved that the public hearing be held on Monday, November 24, 1986, at
7:30 p.m., and that the City Attorney be instructed to prepare the
proper measure changing the Council meeting hour from 2:00 p.m., to
7:30 p.m. The motion was seconded by Mr. Musser and adopted, Council
member Bowers voting no.
PETITIONS AND COMMUNICATIONS:
HEALTH: A communication from Ms. Phyllis T. Simmons, Chairman,
Mental Health Services of the Roanoke Valley, advising that at its
meeting on'August 21, 1986, the Board of Directors approved revisions
to their by-laws, noting that the revisions are primarily to update the
by-laws and bring them in line with current laws and practices and pro-
vide consistent labeling of the articles and sections throughout the
document, was before Council.
On behalf of the Board of Directors, Ms. Simmons recommended rati-
fication of the changes as required by Title 37.1, Chapter 10 of the
Code of Virginia, 1950, as amended.
'(For full text, see Communication on file in the City Clerk's Office.)
I
ACTION:
Mr. Garland offered the following Resolution:
(#28400)" A RESOLUTION ratifying amendments to the By-Laws of
Mental Health Services of the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 49, page 785.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ......... O.
REPORTS O~ OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
HEALTH:' The City Manager submitted a written report advising that
State-Local Hospitalization is a plan whereby the State Department of
Social Services and the City of Roanoke agree to provide hospitaliza-
tion, outpatient and/or emergency room service and outpatient (ambula~
tory) service to medically indigent citizens of the City of Roanoke,
with funds 75% reimbursed to the City; that provision on these services
is accomplished by the execution of State-Local Hospitalization Plan
Agreements between the providing hospitals, the City of Roanoke, and
the State Department of Social Services; that the local Health Depart-
ments, pursuant to Chapter 7, Title 63.1, Code of Virginia, as amended
in 1976, are allowed to bill the State Department of Social Services
for outpatient care provided through their clinics to medically indi-
gent persons; that the City of Roanoke has entered into previous agree~
ments to allow the local Health Department to receive State funds for
providing outpatient care to medically indigent citizens; and Council
has annually authorized the City Manager, or his designee to execute
the agreements. '
It was explained that State-Local Hospitalization Plan Agreements
have been executed by the various hospitals wishing to participate in
the program for the year beginning July 1, 1986, and ending June 30,
1987; that agreements need to be executed by the City of Roanoke before
being approved by the State Department of Social Services; and the
local Health Department has requested that the City Manager, or his
designee, sign the State-Local Hospitalization Agreement for outpatient
care, for the period beginning July 1, 1986 through June 30, 1987.
It was further explained that the rate(s) a hospital may charge
for service(s) are established by the Uniform Hospital Cost Account
System based on each individual hospital's operational cost; and the
hospitals agree to care for persons admitted, receiving ambulatory sur-
gery, or outpatient services from July 1, 1986 through June 30, 1987,
under the StaterLocal Hospitalization Agreements, at the following all
inclusive daily rates:
Hos pi t al s In pat i ent Ambu 1 atory Out patient
. Surfer7
Community Hospital
of Roanoke Valley $ 362.81
Gill Memorial Hospital 376.08
Lewis ~Ga 1 e Hos pi t a 1 304.96
Medical College of
Virginia 459.57
Roanoke Memorial Hospitals 376.08
University of Virginia 459.57
$ 246.70 $ 15.00
255.73 15.00
207.37 .~
312.50 15.00
255.73 15.00
312.50 15.00
681
682
ACTION:
It was noted that the local Health Department is allowed to bill the
State Department of Social Services at an all inclusive rate of $15.00
per visit for outpatient care.
The City Manager recommended that he, or his designee, be autho~
rized to execute State-Local Hospital Agreements with the participating
hospitals and the local Health Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28401) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 786.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Garland, Harvey, Musser and
Trout ....... ~ ........... 5.
NAYS: None
Ge
(Council member Bowles and Mayor Taylor abstained from voting inasmuch
as they serve on the Board of Directors of Community Hospital and
Roanoke Memorial Hospitals, respectively.)
-TOTAL ACTION AGAINST POVERTY (HARRISON CULTURAL CENTER): The City
Manager submitted a written report advising that the Harrison Cultural
Center was opened in late October, 1985, in renovated first floor space
of the former Harrison School; that Council approved Community Develop-
ment Block Grant Funds for the first year operating budget, in the
amount of $54,250.00, pursuant to Ordinance No. 27825 adopted on Octo-
ber 7, 1985; and the contract among the City of Roanoke, the Harrison
Heritage and Cultural Center, Inc., and Total Action Against Poverty
will expire on October 22, 1986.
It was explained that the Harrison Heritage and Cultural Center,
Inc., has submitted a request to the City Administration for $55,000.00
as the City's portion of $192,565.00 for an eight-month operating bud-
get; and the request is for eight months to provide for synchronizing
the Cultural Center's operating budget time period with the City's
fiscal year.
It was noted that City staff reviewed the budget request with TAP
and Harrison Center staff; and the recommended budget of $49,106.00
reflects only a five per cent salary increase for personal services and
no funds for furniture and equipment.
The City Manager recommended that Council authorize the following:
Execution of an agreement with the Harrison Herit~
age and Cultural Center, Inc., and TAP to operate
the program for the first eight months of the
second program year. Said agreement shall be in an
amount not to exceed $49,106.00.
Authorize the Director of Finance to transfer
$49,106.00 from the Community Development Block
Grant accounts, as follows, for this purpose.
035-085r8530-5148 Shaffer's Crossing Sec-
tion 108 Interest ~ $32,941.00 (funds no
longer needed since 108 loan agreement
was refinanced with later interest pay-
ment date).
ACTION:
ACTION:
ACTION:
035r085-8540-5180 Unprogrammed CDBG -
$16,165.00 (to be appropriated by Council
on 10-20-86).
City Attorney and Grants Monitoring Administrator
shall certify agreement as to form and HUD accept-
ability respectively, prior to execution by the
City Manager.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28402) AN ORDINANCE to amend and reordain certain sections of
the 1986-8/ Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 787.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ --7.
NAYS: None
Mrs. Bowles offered the following emergency Ordinance:
(#28403) AN ORDINANCE authorizing execution of an agreement with
the Harrison Heritage and Cultural Center, Inc., and Total Action
Against Poverty in Roanoke Valley, Inc., pertaining to the operation of
the Harrison Heritage and Cultural Center; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 787.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........
NAYS: None
O.
CIVIC CENTER: The City Manager submitted a written report con-
curring in a report of the Bid Committee with reference to purchase of
a basketball floor for the Civic Center Coliseum, recemmending that
Council award the bid for a portable basketball floor with storage
trucks., to Robbins, Inc., in the amount of $44,100.00; and that the
other bi ds be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28404) AN ORDINANCE accepting the bid of Robbins, Inc., made to
the City for furnishing and delivering a new basketball floor for the
Civic Center Coliseum; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 788.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Councll members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. . ......... 7.
683
NAYS: None ........ . ......... O.
684
DIRECTOR Of FINANCE:
BUDGET-HOUSING: The Director of Finance submitted a written
report advising that pursuant to agreement with the City of Roanoke,
the Roanoke Redevelopment and Housing Authority administers a large
segment of the City's Community Development Block Grant Program; and
the Housing Authority received program income during the course of its
administration of various projects by renting properties, by receiving
rehabilitation loan repayments from project area residents, and by
receiving repayments of loan loss reserve funds as housing loans are
repaid.
It was explained that the Housing Authority is required to trans-
fer this program income to the City of Roanoke and the City is required
to use the income for a community development activity; and the Housing
Authority has made payment to the City, in the amount of $32,233.00
through September 30, 1986, for the following category of program inco~
me:
* $15,531.00 in parking lot rentals in the Downtown
East Project in excess of parking lot income pre-
viously appropriated;
* $16,102.00 in rehabilitation loan repayments by
project residents in excess of amounts previously
appropriated.
Mr. Schlanger advised that the City has also received the follow-
ing miscellaneous program income totaling $3,531.00:
* $900.00 in rental income from Gainsboro PAC/GNDC
--in excess of amounts previously appropriated;
* $333.00 representing the difference in the amount
previously appropriated as lease payments from
Cooper Industries and the actual revenue received;
* $2,157.00 in CDBG loan repayments from the North-
west Neighborhood Environment Organization in
excess of previous amounts appropriated; and
* $141.00 in CDBG loan repayments from Chemical and
Paper Services, Inc.
The Director of Finance recon~ended that Council appropriate the
total of $35,764.00 in program income received from the Housing
Authority and other sources as follows:
* $15,531.00 to Account 035-085-8540-5183, Unpro-
grammed CDBG P Parking Lot Income. This amount
will be available for future appropriation transP
fers for a community development purpose; and
* $16,702.00 to Account 035-085-8540~5180, UnproP
grammed CDBG ~ Rehabilitation Loans. This amount
will be available for future appropriation trans-
fers for a community development purpose; and
* $1,438.00 to Account 035-085-8540-5186, UnproP
grammed CDBG - Other (FY86) and $2,093.00 to
Account 035-086-8640P5186, Unprogrammed CDBG -
Other (FY8?). These amounts will be available
for future appropriation transfers for a comp
munity development purpose.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance:
(#28405) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 788.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the followin9 vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None
Oe
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of September,
1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
REPORTS OF COMMITTEES:
llle
PARKS AND PLAYGROUNDS: The City Planning Commission submitted a
written report advising that a section of Virginia Route 118, Airport
Road, N. W,, was discontinued and became a dead-end by reason of Air-
port Road and Hershberger Road reconstruction and realignment; that the
discontinued section of Virginia Route 118 (subsequently named Cross
Road, N. W.) was situated adjacent to a smal.1 triangular parcel of land
belonging to the City of Roanoke; and the Williamson Road Area Business
Association suggested closing this section of discontinued roadway and
combining it with the adjacent parcel of City-owned property for the
ultimate development of the land within as a small park or landscaped
green area for this section of Williamson Road.
It was explained that Cross Road, N. W., was properly closed and
vacated by City ordinance; that title to this section of discontinued
state roadway was transferred from the Virginia Department of Highways
and Transportation to the City of Roanoke; that the closed roadway sec-
tion and city-owned triangular parcel is to be developed by the City as
a small park or landscaped green area; and a portion of the park's
development costs has been contributed by the Andrews family.
The Planning Commission advised that a recommendation was received
by the Ordinances and Names Subcommittee of the Planning Commission on
September 30, 1986, from the Director of Administration and Public
Safety, requesting that the park area be officially named "Andrews
Park"; that Andrews as a suggested name refers to, and is in memory of,
Thomas Jefferson Andrews, who was a prominent and respected civic
leader of the Williamson Road area in bygone years and recognized for
his outstanding contributions to the development of the Williamson Road
area; that the Wllliamson Road Area Business Association desires to
dedicate the park area and to erect an appropriate marker in memory of
Thomas Jefferson Andrews; and the suggested name is in keeping with a
standard City policy for the naming of City facilities.
The City Planning Commission recommended that the name of "Andrews
Park" be approved by Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28406) A RESOLUTION dedicating and naming Andrews Park.
(For full text of Resolution, see Resolution Book No.' 49, page 789.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
685
686
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ --7.
NAYS: None
LEGISLATION-SUBDIVISIONS: The City Planning Commission submitted
a written report advising that the City's current subdivision regula-
tions require that the City review subdivision plans, inspect construc~
tion of improvements within subdivisions, and certify their completion;
that the 1986 Session of the General Assembly adopted Senate Joint
Resolution 47 to provide for a joint legislative study of the operation
of §15.1-466(1), Code of Virginia (1950), as amended, with respect to
the utilization of private engineering firms in the inspection of resi-
dential subdivision facilities, and to consider the advisability of
expansion of the acceptance by localities with respect to such private
sector inspections for residential development.
The Planning Commission recommended that Council adopt a measure
opposing the enactment of any legislation proposing a further expansion
of acceptance by localities with regard to the use of private sector
inspections of subdivision facilities or residential development and
that the resolution be forwarded to the members of the SJR 47 Subcom-
mittee 'and to the City's elected representatives in the General Assem-
bly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(//28407) A RESOLUTION opposing any change in Virginia law to
require that l~he City allow subdivision developers to select their own
private sector contractors to review their plans, inspect construction
of subdivisions and certify their completion, rather than the City per-
forming such tasks.
(For ful'l text of Resolution, see Resolution Book No. 49, page 790.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......
NAYS: None
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28385 rezoning a tract of land containing
12.37 acres, located on the westerly side of Grandin Road Extension,
south of Airview Road, S. W., designated as a portion of Official Tax
Nos. 5090204 and 5090203, from RS-l, Single Family Residential Dis-
trict, to RG-1, General Residential District, subject to certain prof-
fered conditions, having previously been before the Council for its
first reading on Monday, October 13, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(//28385) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 778.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... -7.
NAYS: None ....... O.
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 28386 rezoning a certain tract of land
located at the intersection of Brambleton Avenue and Woodlawn Avenue,
S, W., and extending through to Spessard Street, designated as Official
Tax No. 1650318, from RS-3, Single Family Residential District, to C-1,
Office and Institutional District, subject to certain proffered con-
ditions, having previously been before the Council for its first read-
lng on Monday, October 13, 1986, read and adopted on its first reading
and laid over, was again before the body, Mr. Musser offering the
following for its second reading and final adoption:
(~28386) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. ]65, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 7/9.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... -7.
NAYS: None
Om
ZONING: Ordinance No. 2838/ rezoning a certain tract of land con-
taining approximately 1.03 acres, located at the intersection of Peters
Creek Road and Woodbridge Avenue, N. W., designated as Official Tax
Nos. 6370206 and 6370207, from RS-3, Single Family Residential Dis-
trict, to C~2, General Commercial District, subject to certain prof-
fered conditions, having previously been before the Council for its
first reading on Monday, October 13, 1986, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28387) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 780.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .........
NAYS: None
ZONING: Ordinance No. 28388 rezoning certain tracts of land
located on the east side of U. S. Route 220 South (Franklin Road) at
its intersection with Southern Hills Lane (Virginia Route 722), desig-
nated as portions of Official Tax Nos. 5470116, 5470118, 5470119, and
all of Official Tax No. 547011/, from RS~3, Single Family Residential
District and C-1, Office and Institutional District, to C-2, General
Co~erclal District, subject to certain proffered conditions, having
previously been before the Council for its first reading on Monday,
October 13, 1986, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#28388) AN ORDINANCE to amend §§36~3 and 36-4, Code of the City
of. Roanoke (1979), as amended, and Sheet No. 547, Sectional ]976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 781.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
687
688
ACTION:
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ....... O.
Mr. Harvey advised that he previously sought a legal opinion from
the Attorney General in reference to whether or not Council could, in
its deliberation, take into consideration the economic impact of
shopping centers, noting that his concern did not deal specifically
with the above request for rezonlng, but with the development of
shopping centers throughout the City.
STREETS AND ALLEYS: Ordinance No. 28389 permanently vacating,
discontinuing and closing a paper alley, approximately 600 feet in
length, located off Spruce Street, S. E., between Underhill Avenue and
Brownlee Avenue, S. E., lying between Official Tax Nos. 4330801,
4330802, and 4330814, having previously been before the Council for its
first reading on Monday, October 13, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#28389) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 782.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................ 7.
NAYS: None .......... O.
STREETS AND ALLEYS: Ordinance No. 28390 permanently vacating,
discontinuing and closing certain portions of Kimball Avenue and
Seventh Street, N. E., having previously been before the Council for
its first 'reading on Mondays October 13, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
(#28390) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 49, page 783.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None ............. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION-JUDGES: Mr. Trout moved that the City Attorney be in-
structed to prepare the proper measure urging the State's Committee on
District Courts to certify the vacancy to be created by the retirement
of the Honorable James P. Brice, Judge, General District Court, with
copy of the measure to be forwarded to the City's representatives to
the General Assembly. The motion was seconded by Mr. Bowers and unani~
mously adopted.
OTHER HEARINGS OF CITIZENS:
689
ELECTIONS-SUNDAY CLOSING LAW: Mr. Larry L. Fenzel, 1719 Grandin
Road, S. W., appeared before Council and advised that his appearance is
brought about by a newspaper article which appeared in the Saturday,
October 18, 1986, edition of the Roanoke Times & World-News, in which
the data was prepared by the Director of Finance. He sai~! it was a
very materialistic money oriented article, advising that he talked with
Mr. Schlanger earlier in the day concerning his objections to the
article and the data, therefore, Mr. Schlanger is aware of his objec~
tions.
Mr. Fenzel said the issue which needs to be addressed is that
the Director of Finance prepared the data at the request of the news
media and that, in and of itself, raises the question of why he would
prepare data for the news media. He inquired if Mr. Schlanger is
authorized to collect and supply financial data for the news ~.~dia who
lobby for certain political persuasions, such as the Roanoke Times
which practices advocacy journalism. He submitted that since the City
Administration is not taking a position on the referendum, Mr. Schlan-
ger was not exercising his role as Director of Finance by gathering the
i n format i on.
ACTION:
Mr. Fenzel stated that he believes Mr. Schlanger made a mistake in
gathering the information and releasing it to the public because the
City is not taking a position on the issue. He said that proper chan-
nels would dictate that Mr. Schlanger would have relayed this infor-
mation in a public forum so that all issues could be addressed, and not
just the money issue. He expressed the opinion that in releasing data
tO th~ public,. Mr. Schlanger has an obligation ~o [el~ase'that data to
others, noting that he requested the data from"~chl~ng~r~.ea~qli' in
the day and his response was that the data was not in legible form, and
he could not give it to him in such a way that he could understand it.
He said that Council needs to address the issue; that there needs to be
a clear concise public statement from the Director of Finance and the
City Manager about the City Administration's position on the upcoming
referendum, and he asked that Council make the official policy declara-
tion so the citizens of the City of Roanoke will know exactly where its
government stands on the Blue Law Referendum.
Mr. Trout moved that the remarks of Mr. Fenzel be received and
filed. The motion was seconded by Mrs. Bowles and unanimously adopted.
At 2:55 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CELEBRATIONS: The Mayor advised of the need to appoint one addi-
tional member to the Constitutional Bicentennial Commission; whereupon,
with the concurrence of Council, Mrs. Anne P. Glenn was appointed.
TRAFFIC: The Mayor advised that the four year terms of Dr. Lee S.
Anthony and Messrs. G. A. Hubard, Richard B. Burrow, Chauncey L. Logan
and Robert A. Garland as members of the City of Roanoke Transportation
Safety Commission will expire on October 31, 1986, and called for nomi-
nations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Lee S. Anthony,
Robert A. Garland and Chauncey L. Logan.
ACTION:
There being no further nominations, Dr. Anthony, and Messrs. Garland
and Logan were reelected as members of the City of Roanoke Transporta-
tion Safety Commission, for terms of four years each ending October 31,
1990, by the following vote:
FOR DR. ANTHONY AND MESSRS. GARLAND AND LOGAN: Council members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ..... 7.
LIBRARIES: The Mayor advised that there is a vacancy on the
Roanoke Public Library Board, created by the resignation of William D.
Coleman, for a term ending June 30, 1989, and called for nominations to
fill the vacancy.
Mr. Bowers placed in nomination the name of Delvis O. McCadden.
690
ACTION:
There being no further nominations, Mr. McCadden was elected as a
member o1: the Roanoke Public Library Board for a term ending June 30,
1989, by the following vote:
FOR MR. MCCADDEN: Council members Bowers, Bowles, Garland, Har-
vey, Musser, Trout and Mayor Taylor ........ 7.
WATER DEPARTMENT: The Mayor advised that the one year term of
Lucian A. Durham, Jr., as a member of the Advisory Committee - Crystal
Spring Pumping Station, expired on June 30, 1986, and called for nomi-
nations to fill the vacancy.
Mr. Harvey placed in nomination the name of Lucian A. Durham, Jr.
There being no further nominations, Mr. Durham was reelected as a
member of' the Advisory Committee - Crystal Spring Pumping Station, for
a one year term ending June 30, 1987, by the following vote:
FOR MR. DURHAM: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ....... 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:25 p.m.
City Clerk
APPROVED
Mayo~~
691
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 27, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular" meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 27, 1986, at 2:00 p.m.,'the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~e§ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ............ 7.
ABSENT: None
OFFICERS 'PRESENT: Mr. Earl B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dibling, Jr., City Attorney; tlr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Steven A. Spang-
ler, Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for flood damage repair, Community Center, Norwich Park, said pro-
posals to be received by the City Clerk until 1:30 p.m., on Monday,
October 27, 1986, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the advertise-
ment for bids, and no representative present raising any question, the
Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the one bid received
from Marsteller Corporation, in the amount of $12,697.00.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion was seconded by Mr. Bowers and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr. and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to one
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, con,missions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Mon-
day, October 6, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
692
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... ----7.
NAYS: None .... __ .0.
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For fu)) text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of Vir-
ginia (1950), as amended. The motion was seconded by Mrs. Bowles and
adopted by the roi)owing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ _ ...... 7.
NAYS: None ....... O.
COUNCIL-JUDGES: A communication from Council member David A.
Bowers transmitting remarks of the Honorable Jack B. Coulter on the
State of the Judiciary, which were presented to the Roanoke Bar Asso-
ciation on October 14, 1986, was before the body.
(For ful) text, see communication and remarks on file in the City
Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the fo)lowing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None ...... O.
CIVIC CENTER: A report of qualification of Danie) E. Wooldridge
as a member of the Roanoke Civic Center Commission for a term of three
years ending September 30, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... -7.
NAYS: None ....... O.
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Jack C. Smith for a term ending August 10, 1988, and Charles R. Saul
for a term ending August 10, 1989, as members of the Economic Develop-
ment Commission, was before Council.
(See Oaths or Affirmations of Office on file in the City C)erk's Office.)
Mr. Trout moved that the report of qualification be' received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... ---7.
NAYS: None O.
ACTION:
ACTION:
693
PENSIONS: A report of qualification of Ronald E. Carlisle as a
member of the Board of Trustees, City of Roanoke Pension Plan, for a
term of two years ending June 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................
NAYS: None ....................
ARCHITECTURAL REVIEW BOARD: A report of qualification of Rich-
ard L. Meagher as a member of the Architectural Review Board for a term
of four years ending October 1, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ...............
REGULAR AGENDA:
I
HEARING OF CITIZENS UPON PUBLIC MATTERS:
C~4MONWEALTH OF VIRGINIA BUILDING: Ms. Evangeline B. Jeffrey,
President, Roanoke Branch N. A. A. C. P., appeared before Council and
responded officially to Council's decision to rename the Commonwealth
of Virginia Building in honor of the late Governor J. Lindsay Almond,
Jr. She said the recent vote, by a 4 - 3 majority of Democratic mem-
bers of Council, brought back painful memories of a past era; and on
behalf of the N. A. A. C. P., she does not appear before Council with a
sense of animosity or hatred, nor does she appear uninformed.
Ms. Jeffrey pointed out that the Democrats' selection of the late
Governor Almond as a honoree was reckless and thoughtless, and has sent
a message to the black community, and perhaps to other non-white ethnic
groups, that Council is racially insensitive. She stated that the
position of the N. A. A. C. P. is one transcending political party
lines in that their organization is non-partisan; that the matter is
one of morality and justness to a community; and historically, the
former Governor has been known as a leader of massive resistence
against integration, not only in Virginia but in the nation. She
explained that, tragically, in the Roanoke community, his philosophy is
instilled in these words, "I will have my right am cut off at the
shoulder before I let black children attend schools with white chil-
dren,'' stating that the black community has been asked to accept this
philosophy by the gentlemen of tile Democratic party.
Ms. Jeffrey pointed out that blacks lost faith and confidence in
the character and integrity of J. Lindsay Almond during his career
against integration. She stated that to all people of non "pure white"
linage a philosophy of white supremacy is a threat to the American
dream of equality for all, and this is what the Democrats of Council
ask the black community to endorse.
With reference to the question which seems to be echoed by some
Council members as to where was the N. A. A. C. P. when the issue was
being discussed, Ms. Jeffrey responded that the N. A. A. C. P. respects
the right of Council to discuss and debate issues which arise as busi-
ness of the Council; that they did not rush out without deep and pain-
694
ACTION:
ful thought; that since members of Council are their representatives,
to have rushed out would have been nothing short of irresponsibility;
that the N. A. A. C. P. had to consider not only the feelings of the
entire community, but the confidence placed in Council for responsible,
thoughtful and sensitive action as the City's elected representatives;
and it is better to have the N. A. A. C. P. criticized For caring too
much than for thoughtlessness and over emotionalism.
Ms. Jeffrey said that the recommendation of the Democratic members
of Council was made without consultation of a cross section of members
of their own party; that they ramroded the handling of the recommen-
dation and their close-minded approach to the feelings of the citizens
has caused pain for the community and forced the appearance oF the
N. A, A. C. P. before Council. She said the N. A. A. C. P. does not
consider the late Governor Almond to be an outstanding leader oF his
time, nor do they think he represents the attitudes oF the Roanoke
citizens today. She said that forced recanting of a philosophy of mas-
sive resistance to integration is not a reason to honor an individual;
that being forced to deal with minorities was not a celebrated ideology
of most Roanoke citizens; and they see the issue as one of reopening
wounds, pain of segregation and resurrecting and supporting the philo-
sophy of racial inequality.
Ms. Jeffrey said the N. A. A. C. P. officially requests that the
renaming of the Commonwealth of Virginia Building be reconsidered, and
that an amended resolution be sent to state officials in order that
unity, equality and an environment of an All America City will be main-
tained, and the taint of inequality will not be resurrected in the
Roanoke Val 1 ey.
The Mayor advised that any motion that the chair would entertain
for reconsideration would have to come from a member of Council who
voted with the majority.
Mr. Trout requested an opinion From the City Attorney as to the
procedure for reconsideration; whereupon, Mayor Taylor advised that as
long as he serves as Mayor, any citizen may make a presentation before
Council.
The City Attorney advised that the proceedings of the Council, to
the extent that they are not covered by the special rules of Council,
are covered by Roberts Rules of Order, and Roberts Rules enable a mem-
ber who voted with the majority to bring back for further considera-
tion a motion which has already been voted on. He stated that the
purpose of a motion to reconsider is to permit correction of hasty,
ill-advised or erroneous action or to take into account added infor-
mation or a changed situation that has developed since the taking of a
vote. He said Roberts Rules however, states: "It can be made only by
a member who voted with the prevailing side. In other words, a recon-
sideration can' be moved only by one who voted aye if the motion invol-
ved was adopted or no if the motion was lost."
Following expressions by some members of Council with regard to
the~ presentation by the N. A. A. C. P., Mr. Trout moved that Ms.
Jeffery's remarks be received and filed. The motion was seconded by
Mr. Bowers and unanimously adopted,
PETITIONS AND CO~4UNICATIONS:
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Daly Seven, Inc., in
financing the acquisition, construction and equipping of a 100 room
motel facility in the City, by issuance of its industrial development
revenue bond, in an amount estimated at $2,000,000.00, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
ACTION:
695
(#28408) WHEREAS, the Industrial Development Authority of the
City of Roanoke, Virginia (the Authority), has considered the applica-
tion of Daly Seven, Inc., 1020 Piney Forest Road, Danville, Roanoke
25440, or a related entity which will own the Project and enter into a
contract with Daly Seven, Inc. for the operation of the Project (the
Company), requesting the issuance of the Authority 's industrial deve-
lopment revenue bond in an amount estimated at $2,000,000.00 (the Bond)
to assist in the financing of the Company's acquisition, construction
and equipping of a 100 room motel facility (the Project) on a 2.087
parcel, being Lots I-A and l-B, Orange Avenue Industrial Park (adjacent
to Jones Safety Supply) on the S.E. intersection of Orange Avenue and
Gainsboro Road, in the City of Roanoke, Virginia, and has held a public
hearing thereon on September 30, 1986.
(For full text of Resolution, see Resolution Book No. 49, page 790.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None .......... -0.
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Chief Rentals in
amending the Authority's outstanding $910,000.00 Aggregate Amount
Industrial Development Revenue Notes issued March 17, 1981, to finance
the acquisition, constructing and equipping of a restaurant facility in
the City, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the City
Administration concurs in the recommendation of the Industrial Revenue
Bond Authority to:
Request from the State Reserve, a $2,000,000.00
revenue bond allocation for construction of an Inn-
keeper Motor Lodge at Orange Avenue and Gainsboro
Road.
Allow Colonial American National Bank to modify the
interest rate on Loan No. 0424309-9001 in the name
of Chief Rentals, Inc., to either 75% of Colonial
American National Bank's prime rate, adjusted mon-
thly, or 8.0% fixed rate. In the event that the
interest the bank earns on this loan is declared to
be taxable income, the rate will be~10.75% fixed.
This rate is to be effective with the date the bank
is given to include the interest as taxable income.
It was explained that the Innkeeper Motor Lodge'Project is not in
compliance with the Gainsboro Redevelopment Plan; that the City
Administration's concurrence and a Council vote should not be construed
by any of the parties that the City concurs in changing the redevelop-
ment plan until there is further study; however, because any change in
the redevelopment would take about 90 days, and all applications for
the State Reserve must be at the Department of Housing and Community
Development (allocation administration) no later than 5:00 p.m., on
October 31, 1986, this matter is being submitted for Council's con-
sideration as to financing only.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28409) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Chief Rentals to the extent required by Section 103(k)
of the Internal Revenue Code of 1954, as amended.
(For full text of Resolution, see Resolution Book No. 49, page 791.)
696
ACTION:
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor--- - ............... 7.
NAYS: None ..................
Mr. Harvey moved that the report of the City Manager be received
and filed. The motion was adopted by Mr. Garland and unanimously
adopted.
INDUSTRIES: A communication from Mr. Alton L. Knighton, Jr.,
Attorney, representing the Roanoke Redevelopment and Housing Authority,
requesting approval of Council for the issuance of mortgage revenue
bonds, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
The City Manager submitted a written report advising that the
Roanoke Redevelopment and Housing Authority has issued tax-exempt
mortgage revenue bonds to a group of local lending institutions each
year since 1981; that proceeds from each bond ($600,000.00 in calendar
year 1986) have funded the Private Rehabilitation Loan Program under
which loans (currently at nine per cent interest) are made to home-
owners to rehabilitate or buy and rehabilitate their homes in the
City's Conservation and Redevelopment Areas and Rehabilitation Dis-
tricts; and the City has participated in the Private Rehabilitation
Loan Program by establishing a loan loss reserve fund from CDBG funds
equal to ten per cent of the bond amount, and by reimbursing the Hous-
ing Authority for expenses of administering the program, also from CDBG
funds.
It was explained that new federal tax legislation will have a dra-
matic effect on all tax exempt bond issues, including the Private Re-
habilitation Loan Program; that the bonds are unlikely to be as attrac-
tive to local lenders, so the loans may not be as beneficial to borrow-
ing homeowners; that staff of the City, the Housing Authority, and
representatives of the lending institutions are considering how the
Program may be structured in 1987 to be most beneficial; that issuance
of tax-exempt bonds before the end of 1986 requires allocation from the
State, which, in turn, requires application endorsed by Council; and a
general application package has been prepared by the Housing Authority
and is submitted to Council for approval.
The City Manager recommended that Council endorse the application
of the Housing Authority to the State for authorization to issue up to
$600,000.00 of tax-exempt Mortgage Revenue Bonds in calendar year 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28410) A RESOLUTION approving the plan of financing of the City
of Roanoke Redevelopment and Housing Authority of the acquisition, con-
struction and rehabilitat~,n of one-family to four-family residences to
the extent required by Sectio,~ 147 {fl of the Internal Revenue Code, as
amended.
(For full text of Resolution, see Resolution Book No. 49, page 792.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... .7.
NAYS: None .......... O.
Mr. Garland moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
697
ACTION:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $20,000.00 for the Chapter II
Competitive Grant for 1986-87, to provide for the training of reading/-
language arts instructional personnel, which program will be 100 per
cent reimbursed by federal funds, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28411) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 793.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- - ........... 7.
NAYS: None-
REPORTS OF OFFICERS:
CITY t~ANAGER: NONE.
CITY ATTORNEY:
m
COUNCIL-DOWNTOWN ROANOKE, INC.-TAXES: The City Attorney submitted
a written report advising that Council at its meeting on Monday, Octo-
ber 20, 1986, adopted a motion expressing the intent to hold its meet-
ing on Monday, November 24, 1986, at 7:30 p.m., rather than at the
regularly scheduled time of 2:00 p.m., the apparent purpose being to
expedite consideration of the request of Downtown Roanoke, Inc., relat-
ing to the establishment of a Downtown Service District. The City
Attorney transmitted a measure which changes the time for the regularly
scheduled Council meeting of November 24, 1986, from 2:00 p.m,, to 7:30
p.m.
Mr. Dibling pointed out that inasmuch as the Council meeting sche-
dule has been established by Council itself, he is of the opinion that
Council may of its own accord alter its meeting schedule so long as the
Charter requirements are met.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
ACTION:
(#28412) A RESOLUTION providing that the regular meeting of the
Council of the City of Roanoke scheduled for 2:00 p.m. on November 24,
1986, shall be held at 7:30 p.m. on the same date.
(For full. text of Resolution, see Resolution Book No. 49, page 794.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... 7.
NAYS: None ...... .0.
DIRECTOR OF FINANCE:
BUDGET-GRANTS-VICTIM/WITNESS/JUROR 'PROGRAM: The Director of
Finance submitted a written report advising that the Victim/Witness
Assistance Grant 86-A6292 provided funding during fiscal year 1985-86
and ended on June 30, 1986; and funding and expenditures for the grant
were as follows:
698
ACTION:
State Local Total
Funding $13,772.00 $5,538.00 $19,310.00
Expenditure 13,772. O0 5,420.11 19,192.17
Unexpended Amount $ - '$ 117.83 '$ 117.83
Mr. Schlanger submitted the following reconm~endations:
Grant 86-A6292 may now be closed.
Unexpended local funds of $11/.83 may be returned
to the General Fund.
The following appropriations and revenue adjust-
ments be enacted:
Hospital Ins. (035-026-5109-1125) $(54)
Admin. Supplies (035-026-5109-2030) (48)
Training & Dev. (035-026-5109-2044) 9
Management Serv. (035-026-5109-/015) (24)
Local Match (035-035-1234-701]) (]17)
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28413) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 794.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the roi]owing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None ...........
'BUDGET-GRANTS-YOUTH: The Director of Finance submitted a written
report advising that the Youth Services Grant 85-I-6 ended on June 30,
1986, and funding and expenditures for the grant were as follows:
St ate Roanoke Total
Funding $30,118.00
Expenditures 30,118.00
Unexpended $ -
$ 10,554.00 $40,672.00
-10,247.52 - 40,365.52
$ 306.48 $ 306.48
Mr. Schlanger submitted the following recommendations:
Grant may now be closed,
Unexpended funds of $306.00 be transferred to the
Youth Services Grant 86-87 as additional local
match (Account 035-052-8724-1002- Regular Employee
Salaries)
The following appropriation and revenue adjustments
be enacted:
Regul ar Employee
Sa1 a ri es
Regul ar Employee
Salaries
ICMA
F ICA
Hospital Ins.
Life Ins.
Fees for Prof.
Services
(035~052-8724-1002)
(035-054-8721-1002)
(035-054-8721-1115)
(035-054-8721-1120)
(035-054-8721-1125)
(035-054-8721-1130)
(035-054-8721-2010)
$ 306.00
(403.00)
111.00
13.00
(27.00)
(3.00)
(lOO.OO)
ACTION:
ACTION:
Telephone (035-054-8721-2020)
Training and Dev. (035-054-8721-2044)
Management Serv. (035-054-8721-7015)
Admin. Supplies (035-054-8721-2030)
Local Match 85-86 (035-035-1234-7001)
Local Match 86-87 (035-035-1234-7003)
(70.00)
(3.00)
(21.00)
197.00
(306.00)
306.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28414) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 795.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser,-Trout,
Bowers and Mayor Taylor ............... 7.
NAYS: None ................
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland, Chair-
man of a committee appointed by the Mayor to tabulate bids received for
the Round Hill Pump Station, presented a written report on behalf of
the committee, recommending that Council award a lump sum contract to
Mid-State Construction Company, Inc., in the amount of $50,860.00; that
Council approve appropriation of $55,860.00 from Prior Years' Retained
Earnings to a new account to be established by the Director of Finance,
appropriation to include $50,860.00 for the contract and $5,000.00 con-
tingency; and that all other bids be rejected.
A report of the City Manager concurring in the recommendation of
the Bid Comittee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28415) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 796.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ......................................................... 6.
NAYS: None-- ........ O.
(Council member Bowles abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#28416) AN ORDINANCE accepting the bid of Mid-State Construction
Co., Inc., for the construction of the Round Hill Pump Station faci-
lity, upon certain terms and conditions, and awarding a contract there-
for; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 796.)
699
7O0
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........... _ ........... 6.
NAYS: None ........
(Council member Bowles abstained from voting.)
WATER DEPARTMENT-SEWERS AND STORM DRAINS: Council member Robert
A. Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for purified gas line replacement, Water Pollution Con-
trol Plant, presented a written report on behalf of the committee,
recommending that Council authorize the City Manager to enter into a
contractual agreement with Structures and Utilities Company, Inc., in
the amount of $83,455.00, and 60 consecutive calendar days construction
time; that Council establish a contingency account for the project of
$7,500.00, which would bring the total project amount to $90,955.00;
and reject the other bid received.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was also before Council.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28417) AN ORDINANCE accepting the bid of Structures and Utili-
ties Co., Inc., for replacement of the purified gas line at the Water
Pollution Control Plant, upon certain terms and conditions, and award-
ing a contract therefor; authorizing the proper City officials to exe-
cute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 797.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None .......
-0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:55 p.m., the Mayor declared the meeting in recess.
At 3:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of Harriet Lewis, and called for nominations
to fill the vacancy.
ACTION:
Mr. Musser placed in nomination the name of Frank T. Palko.
There being no further nominations, Mr. Palko was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term of three years ending November 8, 1989, by the following vote:
FOR MR. PALKO: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ........ -7.
,!
FLOODS-HURRICANES: The Mayor advised that the Flood Plain
Committee had previously requested the appointment of three additional
members; whereupon, the Mayor opened the floor for nominations.
Mrs. Bowles placed in nomination the names of Messrs. Charles F.
Herberger and Robert H. Bennett, Jr.
ACTION:
ACTION:
There being no further nominations, Messrs. Herberger and Bennett
were elected as members of the Flood Plain Committee for terms ending
June 30, 1987, by the following vote:
FOR MESSRS. HERBERGER AND BENNETT: Council members Bowl es,
Garland, Harvey, Musser, Trout, Bowers and Mayor Taylor .............. 7.
BUILDINGS: The Mayor referred to Ordinance No. 28355 adopted by
the Council on Monday, October 6, 1986, dissolving the Property Main-
tenance Code Appeals Board; and creating a Building Maintenance Divi-
sion of the City's Board of Building Code Appeals, and called for
nominations for five persons to serve as members of the Building Main-
tenance Division of the Board of Building Code Appeals.
Mrs. Bowles placed in nomination the names of Ms. Mary C. Maier,
and Messrs. Grady P. Gregory, Jr. and Stanley G. Breakell, Jr..
There being no further nominations, Ms. Maier was elected for a
term of four years ending November 10, 1990, and Messrs. Gregory and
Breakell were elected for terms of five years each ending November 10,
1991, as members of the Building Maintenance Division of the City's
Board of Building Code Appeals, by the following vote:
FOR MS. MAIER AND MESSRS. GREGORY AND BREAKELL: Council members
Bowles, Garland, Harvey, Musser, Trout, Bowers and Mayor Taylor ...... 7~
There being no further business, the Mayor declared the meeting
adjourned at 3:15 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
701
I
702
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 3, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 3, 1986, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
James O. Trout, David A. Bowers, Elizabeth T. Bowles and Vice-Mayor Howard E.
Musser ............... __ 6.
ABSENT: Mayor Noel C. Taylor .......
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. William X Parsons, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance- and Ms. Mary F. Parker,
City Clerk. '
The meeting was opened with a prayer by The Reverend David A. Yingling,
Pastor, Central Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
The Vice-Mayor presented a Key to the City to Ms. Rena Bardon, Group
leader of 17 Israeli students, visiting in the Roanoke Valley.
CONSENT AGENDA:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the .~nbe~s ~f COuncil and will
be enacted by one motion in the forms listed' on th~ consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter relating to the acquisition of real
property for public purposes.
COUNCIL: A communication from Vi ce-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (al (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... ,6.
NAYS: None .........
O.
(Mayor Taylor was absent.)
703
TAXES: A communication from Mr. Henry C. Wolf, representing the
Free Clinic of Roanoke Valley, Inc., requesting that Council endorse an
amendment to the Code of Virginia to provide for an exemption from the
State Retail Sales and Use Tax for free clinics, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the communication be referred to the City
Manager, City Attorney and Director of Finance for study, report and
recommendation to Council. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ........
(Mayor Taylor was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
October 21, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser-- 6.
NAYS: None ..........
Oo
(Mayor Taylor was absent.)
ACTION:
LIBRARIES: A report of qualification of Oelvis O. McCadden as a
member of the Roanoke Public Library Board for a term ending June 30,
1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... 6.
NAYS: None ........
(Mayor Taylor was absent.)
ARCHITECTURAL REVIEW BOARD: A report of qualification of Susan S.
Goode as a member of the Architectural Review Board for a term of four
years e~,ing October 1, 1990, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The ~tion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... .6.
NAYS: None .......
-0.
(Mayor Taylor was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Jane B. Bulbin as a member of the Economic Development Commission for a
term ending August 10, 1987, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
704
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........... .6.
NAYS: None ......
O.
(Mayor Taylor was absent.)
COUNCIL: An oral request of Council member James O. Trout for an
Executive Session to discuss a matter relating to acquisition of real
property for public purposes, pursuant to Section 2.1-344 (al (2), Code
of Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter relating to the acquisition of
real property for public purposes, pursuant to Section 2.1-344 (al (2),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ............... 6.
NAYS: None .......
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEF INGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
COUNCIL: The City Manager submitted a written report advising
that Council has held meetings in each of the four neighborhood qua-
drants of the City during the past four years; that on May 1, 1983,
Council voted to continue meetings in the four neighborhood quadrants
each year; that City Code provisions require that the first, third and
fourth regular monthly meetings of Council shall be held at 2:00 p.m.,
in the Council Chamber and the second monthly meeting shall be held at
7:30 p.m., in the Council Chamber; and resolution by Council is
required to designate a new time, date and location of any City Council
meeting.
It was noted that facilities are available on the following dates:
Quadrant Date Time
Northwest November 17, 1986 7:30 p.m.
Southwest January 5, 1987 7:30 p.m.
Southeast February 2, 1987 7:30 p.m.
Northeast March 2, 1987 7:30 p.m.
Faci 1 i tx_
William Fleming
Auditori um
Raleigh Court
Gymtorium
Fallon Park
Gymtori um
Monterey Gym-
torium
The City Manager recommended that Council adopt the appropriate
measure establishing the time and location of certain regular meetings.
of Council.
(For full text, see report on file in the City Clerk's Office.)
7O5
ACTION:
Mr. Harvey offered the following Resolution:
(#28418) A RESOLUTION establishing the time and location of cer-
tain regular meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No, 50, page
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser .... 6.
NAYS: None .................... O.
(Mayor Taylor was absent.)
CITY EMPLOYEES-FIRE DEPARTMENT: The City Manager submitted a
written r~port advising that Resolution No. 4748 adopted by the Council
on February 28, 1936, established policy for payment of regular sala-
ries in lieu of other compensation paid by the City, to employees of
the Police and Fire Departments absent from duty due to line-of-duty
injuries, not to exceed sixty days without approval of Council; that
Council may consider paying the employee injured in the line of duty
for additional time absent from his regular duty, in excess of 60 days,
but' in no event will payment in excess of 60 days be made until autho-
rized by Council.
It was explained that on July 22, 1986, J. C. Jefferson, a Fire
Lieutenant, was injured in the line of duty while at a fire scene at
711 Norfolk Avenue, N. W., and Fire Lieutenant Jefferson did not con-
tribute to the cause of the accident; that Fire Lieutenant Jefferson
has not been released by his physician to return to duty and it is ant-
icipated that he will return to duty in 30-45 days.
The City Manager recommended that Council authorize continued
regular salary payment to Lieutenant Jefferson, retroactive to Septem-
ber 24, 1986, for a period of 60 days or until he is able to return to
duty, whichever occurs first.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
ACTION:
(#28419) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for a certain emergency service employee.
(For full text of Resolution, see Resolution Book No. 50 page 1.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ............... 6.
NAYS: None ....... -0.
(Mayor Taylor was absent.)
BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a writ-
ten report advising that the Fire Program Fund was enacted by the
General Assembly, effective October 4, 1985, pursuant to Section 38.1-
44.1 of the State Statutes, and the legislation will expire on July 1,
1990; that funds to support this program are derived from a .8% sur-
charge on all fire insurance premiums collected throughout the Com-
monwealth; that the Fire Program Statute provides that funds received
are to be non-supplanting and must be used in accordance with the pro-
visions established by the Department of Fire Programs; and funds pro-
vided by this program may be used for the following:
7O6
ACTION:
Fire service training - the Fire Department may use
money received to purchase equipment for training
programs, employment of outside instruction and
tuition reimbursement of approved training.
Regional fire service training facilities - funds
may be used to construct, improve and expand re-
gional fire service training facilities.
Firefighting equipment - funds may be used to pur-
chase fire hose, forcible entry tools, ladders,
radio equipment and etc.
Personal protective clothing - funds may be used to
purchase helmets, eye protection, protective hoods,
coats, pants and gloves.
It was explained that the City Treasurer received a check, in the
amount of $44,928.17, from the Department of Fire Programs on Octo-
ber 14, 1986; that action by Council is needed to accept the funds, and
authorize the Director of Finance to establish Grant Fund accounts from
which the Fire Department may disperse the funds, to purchase equipment
in accordance with provisions of the program, as follows:
Expendable Equipment - $30,000.00. To purchase
improved protective clothing, hand tools, nozzles
and other fire suppression equipment.
Capital Outlay/Other Equipment - $10,000.00. To
purchse audio-visual equipment (VCR's, projectors
etc.) to be used in the Training Division.
Training and Development - $4,928.17. To purchase
training films, books and manuals to be used in the
department's training program.
Increase the revenue estimate for these Grant Funds
by $44,928.17.
The City Manager recommended that Council accept funds from the
Department of Fire Programs and authorize the Director of Finance to
establish Grant Fund accounts whereby these funds can be expended in
accordance with the provisions established by the Department of Fire
Programs to purchase training aids, fire suppression equipment and
improve protective clothing; and increase the revenue estimate for the
grant funds by $44,928.17.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28420) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 2.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser .......... 6.
NAYS: None- .0.
(Mayor Taylor was absent.)
BUDGET-FLOODS: The City Manager submitted a written report advis-
ing that on October 20, 1986, the City of Roanoke received $329,727.00
from Federal and. State governments as partial reimbursement for flood
damages; that partial reimbursement received was deposited in the
General Fund Revenue Account R001-020-1234-0856 (F]ood of '85) and in
the Sewage Fund Accounts Receivable Account X003-1136 (Flood of '85),
to satisfy in part an outstanding receivable of $242,935.83; and these
amounts were $124,945.92 and $104,781.08, respectively.
ACTION:
ACTION:
It was explained that the amount of $124,945.92 deposited in the
General Fund needs to be appropriated and transferred to the Capital
Fund - Flood of '85 to continue the efforts of the City in its recovery
program.
The City Manager recommended that Council increase the General
Fund Revenue estimate by $124,945.92 for Revenue Account R001-020-1234-
0856 and appropriate $124,945.92 to be tranferred to the Capital Pro-
jects Fund Account - Flood of '85, A008-002-9574-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28421) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 3.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
SPECIAL PERMITS: The City Manager submitted a written report
advising that Council granted Dominion Bankshares, N. A., a permit in
October, 1985, to decorate four pear trees on Campbell Avenue, S. W.,
subject to certain terms and conditions; and Dominion Bankshares has
requested permission to decorate the pear trees again this year.
The City Manager recommended that Council approve the appropriate
measure, in a form acceptable to the City Attorney, to allow Dominion
Bankshares, N. A., to decorate four pear trees on.Campbell Avenue,
S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28422) A RESOLUTION authorizing the issuance of a revocable
permit to Dominion Bankshares, N. A. for the attachment or installation
of certain holiday decorations to City trees adjacent to the Bank's
building on Campbell Avenue.
(For full text of Resolution, see Resolution Book No. 50, page 3.)
Mr. Bowers moved the adoption of the Resolution. ll~e motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ...... 6.
NAYS: None .........
(Mayor Taylor was absent.)
-0.
CITY ATTORNEY:
LEGISLATION-GENERAL DISTRICT COURT: The City Attorney submitted a
written report advising that at the Council meeting on Monday, Octo-
ber 20, 1986, Council adopted a motion requesting that the City Attor-
ney prepare a resolution urging the State Committee on District Courts
to certify a judicial vacancy in the General District Court of the
Twenty-Third Judicial Circuit, upon the retirement of the Honorable
James P. Brtce; whereupon, he transmitted a resolution implementing
Council's motion.
707
7O8
ACTION:
ACTION:
For information purposes, Mr. Dibling advised that when an active
judge retires, resigns or dies, no vacancy exists to be filled by the
General Assembly until the vacancy has been "certified" by the State
Committee on District Courts; that in the case of Judge Brice's retire-
ment, the Committee on District Courts has preliminarily declined to
certify the position, noting that he is of the opinion that this action
of the Committee represents a misunderstanding, perhaps because of a
statistical quirk, of the workload of the General District Court
judges, and he is hopeful that the Committee will reverse itself once
it becomes thoroughly familiar with the local facts.
The City Attorney pointed out that the general public rarely has
contact with the Circuit Court or higher courts; that most members of
the public have their sole contact with the judicial system at the
General District Court level; that at this level, it is important that
the public be treated courteously and fairly and that cases be handled
as efficiently as possible; and regrettably, failure to certify a
vacancy upon the retirement of Judge Brice will create a backlog of
cases imposing an undue hardship upon the pub)lc, Bar and judiciary and
making it difficult for the General District Court to efficiently serve
the public; therefore, the City Attorney commended adoption of the
resolution to Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28423) A RESOLUTION urging the Committee on District Courts to
certify a judicial vacancy in the General District Court of the Twenty-
Third Judicial Circuit upon the retirement of the Honorable James P.
Brice.
(For full text of Resolution, see Resolution Book No. 50, page 5.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... .6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
COUNCIL: Mrs. Bowles offered the following Resolution cancelling
the regular meeting of the Roanoke City Council scheduled for Decem-
ber 1, 1986, at 2:00 p.m, inasmuch as a majority of the members of
Council will be attending the National League of Cities Annual Confer-
ence in San Antonio, Texas, on November 29 - December 3, 1986:
(#28424) A RESOLUTION cancelling the regular meeting of the
Roanoke City Council scheduled for December 1, 1986.
(For full text of Resolution, see Resolution Book No. 50, page 6.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... 6.
NAYS: None ......
-0.
(Mayor Taylor was absent.)
m
709
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE h~YOR AND MEMBERS OF COUNCIL:
HOUSING: Council member David A. Bowers presented copy of the
annual report of the City of Roanoke Redevelopment and Housing
Authority for fiscal year 1985-86.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
OTHER HEARINGS OF CITIZENS: NONE.
At 2:15 p.m., the Vice-Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor advised that the
three year'terms of Betty J. Kirkland, Thom_a,s,~.~lra~kv, [(illary Lantz,
B~rotha P. Denison, Florine Thornhill and Ce'cil H.~l~u{111~ms a~,~c~mbers',
.gl~l~.$,~e~· the~i~.~o, ke Neighborhood Partnership Steering Committee will expire
on NoYember 1'6, 1986; that Mr. Guilliams has declined to serve another
term; and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Betty J. Kirkland,
Thomas F. Brady, Hillary Lantz, Dorotha P. Denison and Florine Thorn-
hill.
There being no further nominations, Mrs. Kirkland, Mr. Brady, Mr.
Lantz, Mrs. Denison and Mrs. Thornhil] were reelected as members of the
Roanoke Neighborhood Partnership Steering Committee for terms of three
years each ending November 8, 1989, by the following vote:
ACTION:
FOR MRS. KIRKLAND, MR. BRADY, MR. LANTZ, MRS. DENISON AND MRS.
THORNHILL: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ............ 6.
(Mayor Taylor was absent.)
HUMAN RESOURCES: The Viceqlayor advised that the four year term
of Virginia K. Binder as a member of the Advisory Board of Human
Resources will expire on November 30, 1986, and called for nominations
to fill the vacancy.
Mrs. Bowles placed in nomination the name of Virginia K. Binder.
There being no further nominations, Mrs. Binder was reelected as a
member of the Advisory Board of Human Resources for a term of four
years ending November 30, 1990, by the following vote:
ACTION: FOR MRS. BINDER: Council members Garland, Harvey, Trout, Bowers,
Bowles and Vice-Mayor Musser ......... 6.
(Mayor Taylor was absent.)
FLOODS: The Vice-Mayor advised of the need to appoint one addi-
tional member to the Flood P]ain Committee (the Flood Plain Committee
previously requested appointment of three additional members; and two
new members were appointed on October 27, 1986); whereupon, the Vice-
Mayor opened the f)oor for nominations.
Mrs. Bowles placed in nomination the name of Charles R. Minter.
There being no further nominations, Mr. Minter was elected as a
member of the Flood Plain Committee for a term ending June 30, 1987, by
the following vote:
ACTION: FOR MR. MINTER: Council members Garland, Harvey, Trout, Bowers,
Bowles and Vice-Mayor Musser ......... -6.
(Mayor Taylor was absent.)
710
BUILDINGS-HEALTH DEPARTMENT: The Vice-Mayor advised that there is
a vacancy on the Building Maintenance Division of the City's Board of
Building Code Appeals, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Gene Wirt.
There being no further nominations, Mr. Wirt was elected as a
member of the Building Maintenance Division of the City's Board of
Building Code Appeals, for a term of three years, ending November 10,
1989, by the following vote:
ACTION: FOR MR. WIRT: Council members Garland, Harvey, Trout, Bowers,
Bowles and Vice-Mayor Musser .......... 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the meet-
ing adjourned at 3:20 p.m.
APPROVED
ATTEST: ~
City C1 erk
711
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
November 10, 1986
7:30 p.m.
,!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 10, 1986, at 7:30 p.m., tile regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
.Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James G. Harvey, I!, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor ........ 7.
ABSENT: None ............
.0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. William M. Hackworth, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Walter L. Wood,
Pastor, New Life Temple Pentecostal Holiness Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction and restoration of the Washington Park box cul-
vert, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, November 10, 1986, and to be held, opened and read before
the Council at 7:30 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the open-
ing of the bids; whereupon, the City Clerk opened and read the follow-
lng bids:
BIDDER BASE BID
A. L. King, Ltd.
L. M. Bradshaw Contracting, Inc.
$1,243,833.00
2,249,500.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CIVIC CENTER: Pursuant to notice of advertisement for bids for
construction of toilets for the handicapped in the Civic Center Audi-
torium, said proposals to be received by the City Clerk until 4:30
p.m., on Monday, November 10, 1986, and to be held, opened and read
before the Council at 7:30 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
712
ACTION:
ACTION:
BIDDER
BASE BID
Construction Services of Roanoke, inc.
Forest Hill Associates
Charles D. Hare, General Contractor
$33,617.00
45,595.00
45,900.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and George C. Snead, Jr., as members of the committee.
PUBLIC HEARINGS:
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Byron R. Dickson
and Thomas E. Cart, Jr., that a tract of land containing 2.1243 acres,
located on Old Country Club Road, N. W., designated as Official Tax
Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be rezoned from
RS-3, Single Family Residential District, to C-1, Office and Institu-
tional District, subject to certain proffered conditions, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, advising that the proposal offers the preservation
of an existing, important building while maximizing compatibility with
the adjoining neighborhood, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28425) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 17.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28425 was adopted on its first reading by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garl and and Mayor Tayl or ........... .-7.
NAYS: None ...........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Charles O. Corneli-
son, Attorney, representing Stanley R. and Susan R. Kummer that three
parcels of land located at 1212 Loudon Avenue, N. W., designated as
Official Tax Nos. 2212314, 2212315, and 2212316, be rezoned from RG-1,
General Residential District, to LM, Light Manufacturing District, sub-
ject to certain proffered conditions, the matter was before the body.
,!
I
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that given the existing business use of the pro-
perty and the compatibility that has become established over the years,
the rezoning request is reasonable and will permit an existing business
to remain in the neighborhood and expand in an acceptable manner, and
the non-conforming use would become a conforming one, was before Coun-
cil.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28426) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
The motion was seconded by Mr. Garland.
Mr. Charles O. Cornel ison, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28426 was adopted on its first reading by
the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....................... 7.
NAYS: None ............................
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of James F. Douthat,
Attorney, representing Emerald Property Management, that a 1.75 acre
tract of land located on South Jefferson Street between Yellow Mountain
Road and 22nd Street, S. W., designated as Official Tax No. 4060601, be
rezoned from RG-1, General Residential District, to C-l, Office and
Institutional District, subject to certain proffered conditions, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request for rezoning be approved, advising that the proposed use of
the property can resolve some of the parking problems for both the
hospital and the residents of the area; that the plan of development
is a proffered condition of the zoning; that grading is expected to be
minimal; that the existing trees are to be preserved; and consideration
of additional landscaping, lighting, and other site development details
can be addressed further during site plan review and the special excep-
tion permit process, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
715
7].6
ACTION:
(#28427) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
The motion was seconded by Nr. Trout.
A communication from Ms. Magdalen A. Poll, 2231 Woodcliff Road,
S. E.; Ms. Elizabeth F. Ladd, 2239 Woodcliff Road, S. E.; and Mr. Roy
Debo, 2225 Woodcliff Road, S. E., advising that they are in opposition
to the request, noting that their primary concern is the intrusion of a
business zone in a residential neighborhood; that the rezoning wi]]
have an adverse impact on the adjacent homes and inevitably lead to
further assaults by rezoning, was before Council.
It was further noted that they object to the use of the land for
parking with the associated noise and fumes; that they are not com-
forted by plans for leaving trees, which will, without doubt, be cut
down as they wither from auto exhaust, nor the promise of surveillance;
that the lot will attract transient vehicles, and its lights will
disturb the neighborhood; that rather than clear the streets, the lot
will pull vehicles from the hospital's parking garage (assuming it will
actually be open to the public); and the City has continued to build
parking lots in the area, such as the one across from the Rehabilita-
tion Center, without satisfying the hospital's insatiable appetite for
parking.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bittle W. Porterfield, III, 2436 Cornwallis Avenue, S. E.,
appeared before Council, and advised that he has no objection to the
proposed rezoning of the property for use as a parking lot, advising
that he has reviewed the site plan and feels that Roanoke Memorial
Hospital has a quality plan consistent with the location at the gateway
to South Roanoke; and it is his understanding that if this rezoning is
approved, any use for this property other than the proposed parking lot
would be subject to a rezoning.
Mr. Porterfield commented on the future use of this and other pro-
perty owned or controlled by Roanoke Memorial Hospital Association
located south of McClanahan Street, advising that Roanoke Memorial
Hospital is growing and many neighbors in South Roanoke are concerned
about the type and direction of that growth; that specifically, growth
south of McClanahan could prove detrimental to the neighborhoods; and
the City Planning Department should undertake a study of hospital owned
property located south of McClanahan to determine the types of uses
that would be compatible with the preservation of the character of the
neighborhoods.
Mr. Porterfield expressed the opinion that any hospital plans for
development of this property should be discussed during the concept
stage with the City Planning Department and with representatives of the
neighborhoods located south of McClanahan and east of South Jefferson
Street; and by including the Planning Department and the neighborhoods
at the concept stage, all parties will benefit.
Ms. Louise M. Klaus, 331 Robin Hood Road, S. E., appeared before
Council and requested that the City Code be amended, as it was with the
Ronald McDonald House property, to allow in this case the parking lot,
only and indefinitely, as a special exception variance, with the sub-
ject property remaining RG-1 zoning, as is the zoning of the Ronald
McDonald House. She pointed out that this would result in the same
usage of the property, as sought by the Roanoke Memorial Hospital, and
it would avoid the existence of any commercial property zoning on South
Jefferson Street, south of the Yellow Mountain Road - McClanahan Street
intersection.
,!
Mr. James F. Douthat, Attorney, representing the petitioner,
appeared before Oouncil and advised that the request to rezone came
only after his client mistakenly thought it could get a special excep-
tion in the present zoning, and it was not until the public hearing
that his client became aware that a rezoning was in order to construct
the parking lot. He presented a plan of the proposed parking lot which
will provide for 108 parking spaces. He said there is one ingress on
Yellow Mountain Road and possibly both ingress and egress on 22nd
Street. He stated that the parking lot will be used by patients and
employees of the cancer and rehabilitation center and will be heavily
patroled by internal police at night, noting that it will not be
allowed to become an access area for the public and will be properly
maintained as is the Ronald McDonald House and other property in the
area.
Following questions and discussion with regard to transitional use
and the new zoning code, Mr. Douthat requested that the following com-
munication addressed to Mr. Bittle W. Porterfield, III, be entered into
the record for future reference:
"October 9, 1986
717
Bittle W. Porterfield, III
2436 Cornwal lis Avenue, S. E.
Roanoke, Virginia 24014
Re: 1.7 acre tract of land on S. Jefferson Street
Dear Bittle:
As result of our telephone conversation Wednesday I met
with Bill Hackworth, Assistant City Attorney, to discuss the
proposed rezoning of the 1.75 acre tract of land located on
south Jefferson Street between Yellow Mountain Road and 22nd
Street.
Under its current zoning, RG-1, all uses and structures
permitted in RS Districts, multifamily dwellings, highrise
apartments, and townhouses could be constructed on the pro-
perty under the provisions of §36-95 et seq. and Division 7
and 8 of Article 4 of the Code of the--~ty of Roanoke. I am
enclosing copies of §36-95 thorugh §36-104 of the Code of the
City of Roanoke and of the petition to rezone filed by
Emerald Property Management for your review. These documents
demonstrate that under the current zoning this property could
be the site of very dense multifamily development but, if
rezoned, it can be only be used for off-street parking in
substantial compliance with the preliminary site plan
attached to the rezoning petition and for resident housing in
the structure that currently exists on the property.
! understand you have expressed concern ~ver the use of
adjacent property should the 1.75 acre tract of land be
rezoned C-1. In this regard, I am enclosing a copy of §36-
296 of the Code of the City of Roanoke entitled "Transitional
Uses." In each of the numbered subparagraphs under §36-296
transitional use is permitted along boundaries of residential
districts only where the "district directly adjoins the side
of a lot" which is zoned either C-1, C-2, C-3, C-4, LM or HM
District. It is my understanding from my conversation with
Bill Hackworth that property across a street does not direct-
ly adjoin the side of a lot because of the intervening street
and, therefore the transitional use provisions of §36-296 do
not apply. I further understand that the City of Roanoke is
currently holding public hearings in the hope of adopting
zoning regulations which do not permit transitional uses
under any circumstances.
The proposed rezoning will allow the building on this
property to continue to be used as resident housing and the
remaining property to be developed into a professionally
landscaped parking lot which blends with the existing topo-
graphy. I trust you will agree that the use of existing land
718
ACTION:
contours and vegetation will allow this property to become a
useful and pleasing compliment to the surrounding neighbor-
hood. ! know you are familiar with the landscaping and
appearance of the Ronald McDonald House and the Roanoke
Memorial Hospital Rehabilitation Center and feel, as I do,
that the 1.75 acre tract of land will be tastefully and
attractively landscaped and maintained so that it will be an
asset to the community.
If you have any further questions with regard to this
matter please do not hesitate to contact me immediately.
Very truly yours,
S/James F. Douthat
James F. Douthat"
No other persons wishing to address Council with regard to the
request for rezoning, Ordinance No. 28427 was adopted on its first
reading by the following vote:
AYES:
Garland
Council members Harvey, Musser, Trout, Bowers, Bowles and
NAYS: None ........ O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Roanoke Memorial Hospitals.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on l~nday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 10, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Edward A. Natt,
Attorney, representing Gary E. Dogan and John Lee Davenport, that a
tract of land located at 908 12th Street, S. E., designated as Official
Tax No. 4120701, be rezoned from RD, Duplex Residential District, to
C-2, General Commercial District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times and World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Com~nission recommending that the
request for rezoning be approved, was before Council.
(For full text, see report on l~ile in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No.
412, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to
certain conditions proffered by the applicant."
The motion was seconded by Mr. Garland.
Mr. William Vaughan, 804 Shelbourne Avenue, Vinton, Virginia,
appeared before Council and expressed concern regarding increased traf-
fic that would be generated by another business. He said if Council
permits residences to be turned into businesses, it will not be long
before another Williamson Road is in existence. He stated that the
area needs to remain residential and does not need to be rezoned, espe-
cially with two video stores side by side.
,!
,!
719
Mr. Kenneth C. King, Jr., Attorney, representing Mr. Luther A.
Duncan, as well as a number of residents and businesses in the
southeast section of the city who are in opposition to the proposed
rezoning, appeared before Council and advised that the petitioners do
not own the property at this time; but want to make a deal to set up a
business, and the neighborhood is strong)y opposed. He presented
approximately 133 letters from persons registering opposition to the
rezoning, expressing concern that the residential character of the
neighborhood will be lost by further commercial zoning. He also pre-
sented a petition signed by approximately 17/ persons in opposition to
the proposed rezoning.
(For full text, see petition and communications on file in the City
Clerk's Office.)
Mr. King presented a three minute video of the area proposed to be
rezoned.
Mr. King advised that the rezoning would be an encroachment into
what is otherwise an entire residential block, noting that it is a uni-
que and distinguished neighborhood of the people who are the heart and
hands of the community, and they are in opposition to the proposed
rezoning.
Mr. Edward A. Natt, Attorney, representing the petitioners,
appeared before Council and advised that the request is a conditional
rezoning, with the sole commercial use of the property being a video
store. He said the purpose of the rezoning is to utilize the property,
and not to further a real estate transaction as stated by Mr. King.
Mr. Natt presented communications from Ms. Mary S. Early, 909 13th
Street, S. E., and Ms. Viola Holt, 1016 12th Street, S. E., Ms. Early
being an adjoining property owner, supporting the proposed rezoning
because the effect of the traffic in the area has seriously limited the
usefulness of property on Highland/Bullitt Avenues for residential use,
and much of the property in the area is no longer owner occupied which
should be taken into consideration.
Mr. Natt said the zoning issue is, what is the highest and best
use of the property and submitted that the highest and best use is to
allow this particular property to be used as a video store. He said
the City Planning staff report states that traffic will not be a
problem because this is not the type of business that generates traffic
to the site, advising that this business will have its own parking on
site. He noted that the staff report also points out that there is a
neighborhood in existence but this particular piece of property, in its
present condition, does not fit into the continued residential develop-
ment of the area; and the residential quality of the neighborhood will
not be hurt by the rezoning. Mr. Natt stated that this is not the sole
commercial island on the other side of Bullitt Avenue. He added that
this is a situation where the property owner will purchase 'the pro-
perty, improve and maintain it, noting that the community will benefit
as a whole because this house will not be allowed to continue to
deteriorate. Mr. Natt urged that Council concur in the recommendation
of the City Planning Commission and staff and approve the proposed
rezoning.
Question was raised as to whether meetings were held in the neigh-
borilood to discuss the proposed rezoning; whereupon, Mr. Natt advised
that his clients have talked with some of the persons in the immediate
block around the property in question, but no neighborhood meetings
have been held because much of the property is not owner occupied.
Mr. Jay Martin, 1308 Dale Avenue, S. E., appeared before Council
and advised of noise and other disturbances as a result of the rezoning
for the Bojangles Restaurant, noting that that particular rezoning was
not in the best interest of the neighborhood.
Following discussion of the matter, Mr. Harvey offered a substi-
tute motion that the request for rezoning be referred back to the City
Planning Commission for further study, report and recommendation to
Council, and that Mr. Natt be given the opportunity to meet with pro-
perty owners and the Southeast Action Forum, Inc., to address concerns.
The substitute motion was seconded by Mr. Musser and unanimously
adopted.
720
ACTION:
Mr. Natt inquired if the City Planning Commission and City Council
public hearings could be advertised simultaneously; whereupon, the City
Attorney advised that he felt Mr. Natt's request could be accommodated.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 10, 1986, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of the City
of Roanoke that Coveland Drive, N. W., be temporarily closed to through
traffic by barricading or blocking said road at its intersection with
the east side of Ferncliff Avenue, N. W., the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Octo-
ber 24, 1986, and Friday, October 31, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Cove-
land Drive be temporarily barricaded at the eastern side of Ferncliff
Avenue, N. W., until the Hershberger Road improvements are completed;
and that City staff provide an analysis of traffic flows in the area
within 30 days of the installation of the barricade, was before
Council.
It was explained that the Commission remains concerned that the
proposed barricade location is not the location chosen and recommended
by the majority of neighborhood residents, and that the solution may
benefit only a portion of the neighborhood ~ile increasing traffic
problems for residents on Ferncliff Avenue.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28428) AN ORDINANCE authorizing the temporary closure of Cove-
land Drive, N. W., by barricading it at the eastern side of Ferncliff
Avenue, N. W.
(For full text of Ordinance, see Ordinance Book No. 50, page 19.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request,
Ordinance No. 28428 was adopted on its first reading by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None .......
At 9:00 p.m., the Mayor declared the meeting in recess.
At 9:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter pertaining to litigation.
721
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ..................... 7.
NAYS: None .........
-0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Shirley
Morck tendering her resignation as a member of the Roanoke Neighborhood
Partnership Steering Committee, was before Council.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- .7.
NAYS: None ...........
O®
INSURANCE: A report of the City Manager advising that on occasion
the members of Council have received inquiries from residents of the
City concerning the Insurance Services Office ([SO) rating in their
portion of the City; that resident inquiries have centered around their
impression that they have a lesser rating than other areas of the City;
advising that there is a uniform ISO rating throughout the City; that
the City's rating is Class 3 as of the most recent ISO evaluation which
occured in October, 1980; and as such, the same insurance premium rates
apply to all dwelling occupancies within the same classification,
regardless of their location, was before Council.
It was explained that Insurance Service Office is a voluntary,
non-profit, association of insurers engaged in a casualty and property
insurance, founded in 1971; that ISO functions by law as an insurance
rating organization, as an advisory organization, and as a statistical
agent for the general insurance community; that ISO services sixteen
different types of insurance, including commercial fire and allied
lines, and dwelling fire and allied lines; that in general, ISO grades
municipalities and rates them according to their fire defenses and
according to the physical conditions of the jurisdiction; and in deve-
loping a rating, the ISO considers water supply, fire department man-
power, equipment apparatus, and fire service communications as major
items of the evaluation.
ACTION:
The City Manager advised that the ISO classification system ranges
from Class I (as the most efficient system) to Class 10 (as the least
efficient system); that according to the classification system, the
entire City has a Class 3 rating; and normally, reviews are done every
ten years, therefore, the City expects its next review to be in 1990.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor--- 7.
NAYS: None ....... .0.
722
ACTION:
ACTION:
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of litigation, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of litiga-
tion, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None ..............
-0.
BUILDINGS-HEALTH: A report of the City Clerk advising that at
regular meetings of Council held on October 27 and November 3, 1986,
four persons were appointed as members of the Building Maintenance
Division of the City's Board of Building Code Appeals; that she has
been advised by the Building Commissioner that it will be necessary for
Council to designate specific terms of office for these individuals, as
well as for the additional position on the Board which has not yet
been filled; and the Building Commissioner has recommended that the
initial terms be staggered, with two members serving five year terms,
one member serving a four year term, and two members serving three year
terms; and thereafter, reappointments should be for terms of five
years, was before Council.
It was requested that the following terms of office be designated
for the Board:
Grady P. Gregory, Jr. -
Stanley G. Breakell, Jr. -
Mary C. Maier -
Gene Wi rt -
Vacancy (renter) -
five year term
five year term
four year term
three year term
three year term
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Clerk. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
AYES: Council members Harvey, t~Jsser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...... 7.
NAYS: None ..................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITIZEN OF THE YEAR: A communication from Mayor Noel C. Taylor
advising that the City of Roanoke is in the process of accepting nomi-
nations for the 1986 Citizen of the Year; that the purpose of the award
is to recognize citizen efforts to make Roanoke a better place to live;
and past recipients have been:
1981
1982
1983
1984
1985
- Robert W. Woody
- Dorothy L. Gibboney
- Hazel B. Thompson
- George B. Cartledge, Sr.
- G. Frank Clement
723
ACTION:
The Mayor invited and encouraged citizens to submit names of
deserving individuals for consideration by Council as the 1986 Citizen
of the Year, advising that the deadline for receipt of nominations is
Friday, November 21, 1986, at 5:00 p.m., in the City Clerk's Office.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be received and filed.
The motion was seconded by Mr. Harvey and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6550 - $5,856.00 for the Flow-Through
Program to provide aid for the
education and guidance of handi-
capped students. The program is
one hundred per cent reimbursed by
state and federal funds.
Grant No. 6925 - $2,664.00 for the SAT Preparation
Program for 1986-87 to provide
funds from student fees for mate-
rials and instruction to prepare
students for the Scholastic Apti-
tude Test.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Flow Through Grant will be
100% funded with Federal and State funds; that the SAT Preparation
Program is funded with 100% student fees; and recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28429) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 6.)
Mrs. Bowies moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... -7.
NAYS: None ........
.0.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $257,977.00 for Vehicular
Equipment and $135,000.00 for roof renovation, which represents the
Schools' first installment from 1986-87 Capital Maintenance and
Equipment Replacement Fund, advising that since the 1986-87 Capital
Maintenance and Equipment Replacement Fund has now been established,
the temporary funding of school buses from capital funds is no longer
necessary, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School
Board, by action of Council on September 25, 1986, temporarily trans-
ferred $25/,977.00 from their Building Modernization Account to an
account to purchase vehicles; that this temporary transfer was done
pending the release of audited 1986 Capital Maintenance and Equipment
Replacement Funds (CMERP); that correspondence from the School Board
requests that the funds be transferred back to the Building Moderniza-
724
tion Account, appropriate an equivalent amount of CMERP funds to pur-
chase vehicles, and an additional $135,000.00 of CMERP funds for roof
renovation; and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28430) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 7.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ..........
O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AIRPORT: The City Manager presented an oral briefing with refer-
ence to a communication from Mr. Leonard C. Ellis, Jr., Chairman, Vir-
ginia Aviation Board, advising that the State Aviation Board has sche-
da]ed two meetings to receive public input regarding the procedures and
percentages to be used by the State to fund airport projects after the
new transportation initiative funds become available on or after Janu-
ary, 1987. Mr. Herbert said the first public meeting is scheduled from
6:00 p.m. until 9:00 p.m., on Wednesday, November 12 in the Roanoke
Regional Airport (Woodrum Field) Conference Room, and the second meet-
ing is set for November 18 in Richmond. He stated that the Roanoke
Terminal Project could at best have been expected to receive
$450,000.00 under the pre-1987 funding due to the limit on available
funding; and preliminarily, the local terminal project could receive
$1,904,000.00 under the current state funding eligibility formula due
to increased funding caps being possible.
It was explained that preliminary analysis by City staff of the
proposed funding criteria recommended by the State Director of Aviation
would make the Roanoke project eligible for $2,804,589.00; that City
staff will be developing a position paper to present to the State at
the November 12 meeting with reference to the eligibility formula which
would make the terminal building project eligible for $5 million rather
than $2.8 million. He said City staff recommendation is still deve-
loping, however, unless Council desires otherwise, the Administration
will ask for an adjustment in the proposed state funding formula which
will provide for the possibility of more funding for the terminal. The
City Manager advised that if Council generally concurs that staff
should appear at the meeting and make the best effort for maximum state
funding, he would appreciate Council's acknowledgement.
ACTION:
Mr. Bowers moved that Council endorse the recommendation of the
City Manager. The motion was seconded by Mr. Garland and unanimously
adopted.
ITEMS RECOMMENDED FOR ACTION:
JUVENILE DETENTION HOMES (YOUTH): The City Manager submitted a
written report advising that the City of Roanoke has previously operat-
ed the Juvenile Probation House (Youth Haven I) program exclusively for
juvenile male residents of the City of Roanoke, on]y, without provision
for contractual services to other jurisdictions.
It was explained that the County of Roanoke is preparing to open
and operate a companion program for girls called Youth Haven II; that
this jointly supported venture calls for the development and implemen-
tation of a contract to provide service to boys and girls of the Roa-
noke Valley; that Roanoke County will provide residential care and ser-
vices to girls of the City of Roanoke and City of Salem; and the City
of Roanoke will provide residential care and services to boys of Roa-
noke County and the City of Salem.
725
The City Manager advised that the actual local per diem cost of
the two programs shall be calculated using a formula that will provide
an equitable cost to each jurisdiction; that since Youth Haven II has
no cost history, both programs will charge a per diem fee of $25.00 for
the first eighteen months with provision for an adjustment at the end
of the eighteen month period; that placements and services to other
contracted jurisdictions shall be on an available bed basis giving
first priority for placement of children to the jurisdiction operating
the group home program; and the Code of Virginia, Section 16.1-310 et
seq. provides for the cooperative placement of children in such resi-
dential care programs and the collection of a per diem fee based on
reasonable local costs of maintaining a child in the program.
The following recommendations were submitted:
City Manager be authorized to sign the Non-Secure
Residential Care Contract.
City Manager be authorized to notify the contract-
ing jurisdictions listed in the contract that the
contract is executed based on the following rates:
m
Per diem of $25.00, effective the first
day of January, 1987 for the first eigh-
teen months, ending on June 30, 1988,
subject to an adjustment based on actual
costs for that period.
Per diem be adjusted each year thereafter
according to the provisions of the con-
tract.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28431) A RESOLUTION authorizing the execution of non-secure
residential care contract with the City of Salem and the County of
Roanoke.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 8.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ -7.
NAYS: None ......... -0.
SIDEWALK, CURB AND GUTTER: The City Manager submitted a written
report advising that the 1985 Bond Referendum included $1,100,000.00
for sidewalk, curb and gutter installation; that requests for these
improvements received in the City Engineering Department range from
small fill-in projects to large projects covering several City blocks;
and approximately 150 requests have been received and are estimated to
cost in excess of $5,000,000.00 to construct. It was noted that future
requests can be expected and will likely increase at a faster rate as
these pending sidewalk, curb and gutter projects are constructed and
other citizens without sidewalk, curb and gutter see improvements being
made; that Williamson Road Storm Drain construction has generated
numerous requests, and only critical areas are receiving curb and
gutter as part of the project; and improvements are expected to be
constructed in the following phases:
726
Phase !
- 1986 - $387,118 contract
(under construction)
Phase !! - 1987 - $400,000 + contract
Phase III - 1988 - $300,000 + contract
The City Manager advised that priority must be given to certain
requests to enable the selection of the requests deemed most necessary,
and the criteria established to enable such prioritization includes:
ca~pletion of School Sidewalk Safety Project loca-
tions;
economic development areas;
locations of significant pedestrian traffic; and
neighborhood revitalization.
The City Manager recommended that he be authorized to proceed with
advertisement for bids for the following projects:
11th Street, S. E. from Highland Avenue to Murray
Avenue
- both sides curb and gutter
11th Street, S. E. from Murray Avenue to Montrose
Avenue
- west side curb and gutter Murray Avenue to
Montrose Avenue
- west side sidewalk alley to Montrose Avenue
- east side curb and gutter Murray Avenue to
south property line 1008
Murray Avenue, S. E. from 11 1/2 Street to 9th
Street
- south side entrances 11 1/2 to alley
- south side curb and gutter alley to 11th
Street
- north side curb and gutter 11 1/2 Street to
llth Street
- north curb and gutter 11th Street to 1022
property line
- north side curb and gutter alley to 9th
Street
- south side curb and gutter 11th Street to
Jackson Jr. High property line
Grandin Road, S. W. from Windsor Avenue to Brandon
Avenue
- both sides replace broken sidewalk
- both sides curb and gutter
Rugby. Blvd., N. W. from lOth Street to Syracuse
Avenue
- both sides sidewalk, curb and gutter
Tazewell Avenue, S. E. from 6th Street to 9th
Street
- both sides sidewalk, curb and gutter
(For full text, see report on file in the City Clerk's Office.)
727
ACTION:
ACTION:
Mr. Harvey moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program is a cooperative program among
HUD, the Roanoke Redevelopment and Housing Authority (RRHA) and the
City, to encourage rehabilitation of privately-owned rental property;
and the program provides two types of subsidies:
Rehabilitation subsidies to property owners, equal
to one-third of rehabilitation costs up to $5,000/
apartment. This takes the form of a forgivable
deferred payment loan, also known as a conditional
grant.
Rental subsidies to low-income tenants, so they may
stay in the apartment after it is repaired and the
rent is increased. The tenants may use the subsidy
to move elsewhere.
It was explained that Roanoke's allocations in the previous two
years of the Rental Rehabilitation Program totaled $215,300.00 for
rehabilitation subsidies; that these allocations provided renovation to
45 apartment units in 24 buildings, at a total cost of $734,690.00;
that Roanoke was the first locality in Virginia to use all of its allo-
cation for the Rental Rehabilitation Program; and Roanoke's allocation
for the 1986 Program is $51,000.00 for approximately ten units,
accepted by Council on September 25, 1986.
The City Manager pointed out that supplemental allocation of
$70,000.00 has been made to Roanoke by HUD for the 1986 Rental Rehab
Program; that this supplemental allocation has been made because of
Roanoke's timely and effective administration of previous allocations;
that only four rental subsidies are provided in conjunction with the
$70,000.00 increase, instead of the expected fourteen, however, the
Housing Authority has agreed to use other rent subsidies to cover the
shortfall; and execution of the grant agreement with HUD to accept the
funds, and of an amended Memorandum of Understanding with the Housing
Authority to specify the arrangement between that agency and the City,
and to reflect the increase, are necessary to begin implementation of
the Program.
The City Manager recommended that he be authorized to execute the
Grant Agreement with HUD accepting the additional $70,000.00 for the
1986 Rental Rehabilitation Program, and the amended Memorandum of
Understanding with the Housing Authority for the administration of the
program, all to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28432) AN ORDINANCE accepting a supplemental Rental Rehabilita-
tion Program Grant from the United States Department of Housing and
Urban Development; authorizing the execution of the requisite grant
agreement; authorizing the execution of an amended memorandum of under-
standing with the City of Roanoke Redevelopment and Housing Authority
pertaining to the administration of the Program; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 8.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ..... 7.
NAYS: None ................. O.
728
PUBLIC ASSISTANCE-ROANOKE VALLEY COUNCIL OF COMMUNITY SERVICES:
The City Manager submitted a written report advising that the Mayor, in
his recent State of the City address, recommended that the Department
of Human Resources conduct a study to determine how the City might be
involved in meeting the needs of the homeless; that the City's Human
Resources Steering Committee has formed a subcommittee to study various
aspects of the housing problem in the Roanoke area; that they have dis-
cussed the housing needs of the deinstitutionalized, the elderly, fami-
lies with low income, battered women and their children and other spe-
cial populations; that no in-depth studies have been conducted in Roa-
noke to determine the housing needs of two significant at-risk popula-
tions, namely the transient/street people and low-income individuals
and their families; that no in-depth comprehensive studies have been
made to assess the adequacy of existing temporary shelter facilities or
the adequacy of existing low-cost housing stock to meet the needs of
the homeless; and the Department of Human Resources, at the recommen-
dation of the Human Resources Steering Committee and its Housing Sub-
committee, met with staff from the Council of Community Services to
explore what a comprehensive study of the homeless would entail.
The City Manager pointed out that the City Administration, the
Human Resources Steering Committee, and the Council of Community Ser-
vices have been compiling information on the homeless and housing in
Roanoke; that a Citizens Task Force, composed of community leaders from
the civic and business arenas, has been appointed by the City Manager
to head up a formal study on the homeless in Roanoke City; and the
Director of Human Resources has been named as Staff Coordinator to the
Task Force, and he will be responsible for administering the project,
and for acting as liaison between the Task Force, key City department
heads and resource agencies.
It was noted that two support committees will be formed to provide
assistance to the Task Force; that one will be composed of key City
department heads, and the other will be composed of other agencies
which work with the homeless, and both will be managed by the Staff
Coordinator; and the Task Force will be given four months from the time
of its formation to collect and analyze hard data, to receive public
input through a public hearing process, to develop recommendations and
to prepare a formal report.
Mr. Herbert advised that since it is a citizen group, the Task
Force will need skilled planning assistance in order to carry out its
responsibilities in a timely fashion and to develop a credible final
report; that it has been determined that the Council of Community
Services has the planning expertise for this kind of study process, and
an established reputation in all segments of the community that will
enhance the credibility and ultimate usefulness of the final Task Force
report.
The City Manager recommended that he or his designee be authorized
to enter into a contract with the Council of Community Services to pro-
vide project coordination and technical assistance; that the contract
will be approved as to form by the City Attorney; and that Council
appropriate $6,000.00 from General Fund Contingencies, Account No.
A001-002-9410-2199, to Human Resources, Fees for Professional Services,
Account No. 001-054-1270-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28433) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 9.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr..Harvey and adopted by the following vote:
AYES: Council members Harvey, l~sser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ 7.
NAYS: None ................................ O.
729
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(N28434) AN ORDINANCE authorizing the City Manager to enter into
a contract with Roanoke Valley Council of Community Services, to pro-
vide for project coordination and technical assistance in the prepara-
tion of a study of the homeless in the City of Roanoke; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 9.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... 7.
NAYS: None O.
PUBLIC ASSISTANCE-MUNICIPAL BUILDING-EQUIPMENT: The City Manager
submitted a written report concurring in a report of the Bid Committee
with reference to the purchase and installation of a paging system for
the Social Services Department.
The Bid Committee recommended that Council accept the bid of Lee
Hartman & Sons, Inc., in the total amount of $5,589.00; and that the
other bid be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28435) AN ORDINANCE accepting the bid of Lee Hartman & Sons,
Inc., made to the City offering to furnish and install a paging system
for use by employees of the Department of Social Services in the Muni-
cipal North Complex; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 10.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 7.
NAYS: None .......... O.
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, in connection with a petition for increased water pres-
sure in the 2000 and 2100 blocks of Memorial Avenue, S. W., recommend-
ing that Council authorize a change in water pressure by the addition
of approximately 80 psi of pressure and the construction of sufficient
water line (estimated at 300 feet) to meet the City preferred policy of
a minimum average daily water pressure of 30 psi at the meter, in
accordance with a staff report. It was noted that no water service
will be converted to the higher pressure until the homeowner notifies
the Water Department Manager, in writing, that the homeowner has
installed a pressure regulating valve on their water service line.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
Committee. The motion was seconded by Mr. Bowers and adopted. (Mr.
Harvey abstained from voting inasmuch as he resides at 2056 Memorial
Avenue, S. W.)
BUDGET-UTILITIES-EQUIPMENT: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, in connection with appropriation of funds
for replacement of equipment used for monitoring water and sewer lines.
730
It was explained in a staff report that utility line maintenance,
service and new construction is typically performed by the Utility Line
Services Department (ULS); that charges are made by the ULS Department
for service rendered for the water and sewer facilities; that fiscal
year 1985-86 Internal Service Fund projected amount for the deprecia-
tion allowance was $171,203.00, providing revenues were generated suf-
ficiently to cover actual expenditures plus the depreciation allowance;
and no equipment replacement funds were generated during fiscal year
1985-86 for replacement of equipment in fiscal year 1985-86 because
actual revenue produced by billing to the water and sewer funds for
services rendered were insufficient.
It was further explained that billings to produce revenue were
insufficient because the billing rate is established by dividing total
budget ULS expenditures by total budget manpower available; and total
manpower hours were subsequently reduced by:
Direct billing of ULS labor charges (not the higher
ULS service billing rate) to the Sewer Fund for
recovery work at the Sewage Treatment Plant and
major interceptor lines due to the flood. Direct
billing of actual charges was an accounting neces-
sity because the State and Federal governments
would only reimburse certifiable hours of actual
labor rates. This helped the Sewer Fund to recover
City expenses from the State and Federal govern-
ments but hurt the ULS revenue statement.
Standby compensatory time allowed by City policy
was not deducted from allowable budgeted manpower
hours available. This would have increased the per
hour billing rate.
Vacancies were allowed to remain in the ULS Depart-
ment to promote efficiencies. These vacancies were
not reflected in the computation of the per hour
billing rate.
The staff report pointed out that ongoing equipment replacement
needs to continue to prevent a point in time when services cannot be
provided or provided inefficiently due to equipment inadequacy or a
future one time multi-million dollar equipment replacement program;
that funds are not available in the ULS portion of the Internal Ser-
vices Fund to replace equipment; that $171,203.00 was the projected
amount to have been available excepting for tile circumstances outlined
above; and the Sewer Fund benefited from the circumstances which
resulted from last year's insufficient billings to the Water and Sewer
Funds, and the Sewer Fund should, therefore, subject to Council's
approval, stand more of the burden of correcting the previous year's
insufficient billing.
ACT[ON:
The Water Resources Committee recommended that Council appropriate
$171,203.00 from the previous years' retained earnings in the Water
and Sewer Funds for transfer to the Utility Line Services Department of
the Internal Services Fund for vehicle replacement.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28436) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water, Sewage and Internal Service Funds Appropriation
Ordinances, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 11.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... . .... 7.
NAYS: None .0.
731
PARKS AND PLAYGROUNDS-DONATIONS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee in connection with a gift of real
estate to the City located at 1414 Melrose Avenue, N. E.
A staff report pointed out that Melrose Park contains 3.63 acres,
much of which is fairly steep terrain, but is a well used park, and
additional park land would be desirable.
It was noted that heirs of Ralph A. Glasgow have offered to donate
a 7,000 square foot lot adjacent to Melrose Park to the City for park
purposes; and the Department of Parks and Recreation/Grounds Mainten-
ance has recommended that the City accept the lot; and value of the lot
for tax assessment purposes is $2,000.00.
The Water Resources Committee recommended that Council authorize
acceptance of the donation of Lot 5, Block 36, Melrose Land Company,
from the heirs of Ralph A. Glasgow and add it to Melrose Park.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28437) AN ORDINANCE providing for the City's acquisition of
real property located adjacent to Melrose Park, identified as Lot 5,
Block 36, Melrose Land Company; providing for the incorporation of the
donated property into Melrose Park; expressing appreciation to the
donors for their generosity in offering the property to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 12.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. ll~e motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Tayl or--- ?.
NAYS: None .......... O.
BUDGET-SALE/PURCHASE OF PROPERTY-WATER DEPARTMENT: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee in connection with
acquisition of property at the Carvins Cove Watershed.
A staff report explained that the City has had a policy for many
years to purchase remaining private holdings in the watershed as they
come on the market if funds are available and the price is reasonable;
and maximum watershed protection would require total City ownership of
all lands within the watershed, noting that this has not been feasible
to date inasmuch as several privately owned parcels have not been for
sale.
It was further explained that a 234.95 acre parcel has been
offered for sale to the City; that it is located immediately above the
boat landing and picnic areas and extending toward the top of Tinker
Mountain; that the negotiated price for the 234.95 acre parcel, a com-
bination of two parcels identified by Botetourt County Tax Map Nos.
100-78 and 100-78A, is $196,400.00; that this price, which represents a
price of approximately $836.00 per acre, is a compromise between a
price of $500.00 per acre provided to the City by an independent
appraisal in April 1985 and a price of $922.00 per acre established by
the sale of a portion of the subject property to the Federal Govern-
ment.
It was noted that property purchased by the Federal Government
(for Appalachian Trail) was in a remote inaccessible location and in
steep terrain; that property desired by the City is located with long
frontage on State Route 648 (access road to boat dock and picnic area)
and contains considerable developable land, the development of which
would constitute an unacceptable encroachment into the watershed.
732
ACTION:
ACTION:
The Water Resources Committee recommended that Council authorize
acquisition of the "Lawson" tract by General Warranty deed, in a form
approved by the City Attorney, upon determining that the sellers have
good and warrantable title with no objectionable title defects, encum-
brances or other matters, excepting as identified by the letter from
the Lawson heirs, and to include appropriation of $197,400.00 from
Previous Years' Retained Earnings, Water Fund, into an account to be
established by the Director of Finance.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28438) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 49, page 13.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... 7.
NAYS: None .............
.0.
Mrs. Bowies offered the following emergency Ordinance:
(#28439) AN ORDINANCE providing for the City's acquisition of a
234.95 acre parcel in the Carvins Cove Reservoir watershed bearing
Botetourt County Tax Map Numbers 100-78 and 100-78A, upon certain terms
and conditions and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 13.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 7.
NAYS: ~ne ....... . .....O.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council member Eliza-
beth T. Bowles, Chairman of the Water Resources Committee, presented a
written report on behalf of the committee in connection with encroach-
ment on City property on Berkley Road, N. E.
A staff report pointed out that property at 3203 King Street,
N. E., was established by survey dated August 9, 1946, and is now being
sold; that the City acquired the adjacent twenty acre property by order
of the Annexation Court in 1976; that it was formerly held by Roanoke
County as a future elementary school site and is zoned Light Industrial
and is now considered a potential industrial site.
It was explained that private property at 3203 King Street is
located on a small steep hill with a creek at the toe of the slope;
that the alignment of the creek has placed a bridge in Berkley Road
located adjacent to the southwest corner of the private property; that
this corner is also the only driveway access point to the property; and
the result of the conflict between bridge and driveway is that the end
of the driveway has encroached upon what is now City property for
approximately forty years; and the driveway encroachment is a triangu-
lar area 25'x25'x35.5', containing approximately 313 square feet.
It was further explained that Boone & Company, Realtors is
handling the sale of the private property, and has requested formal
agreement from the City that the encroachment may continue; and
appraisal of adjoining property in 1985 established a value per acre of
the City owned parcel to be approximately $13,600.00, which places a
value of $100.00 on the encroachment.
(For full text, see reports on file in the City Clerk's Office.)
733
m
m
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28440) AN ORDINANCE authorizing the sale and conveyance of
approximately 313 square feet of City property located adjacent to 3203
King Street, N. E., on the north side of Berkley Road, N. E.
(For full text of Ordinance, see Ordinance Book No. 50, page 20.)
The motion was seconded by Mr. r~sser and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowl es,
Garl and and Mayor Taylor- ---7.
NAYS: None-- - ....... O.
FIRE DEPARTMENT-SALE/PURCHASE OF PROPERTY: Council member Eliza-
beth T. Bowles, Chairman of the Water Resources Committee, presented a
written report on behalf of the committee in connection with the lease
of temporary Fire Station No. 12 at 4810 Salem Turnpike, N. W.
A staff report pointed out that the lease on the temporary fire
station was initiated on January 1, 1976; that the lease expired on
October 31, 1986; that owners of the property, Otis R. and Bertha W.
Funk, have agreed in writing, to a new lease at a cost of $1,000.00 per
month, with the term of the lease from November 1, 1986 through Octo-
ber 31, 1991, for a period of five years with 90 days notice of termi-
nation by either party at any time. It was noted that the station is
to remain in place until a road connection, between Peters Creek Road,
N. W., and Lee Highway (Brandon Avenue, S. W.) is made, and this pro-
ject is not programmed for construction by the Virginia Department of
Highways and Transportation for at least five years.
lhe Water Resources Committee recommended that Council authorize
appropriate City officials to enter into a new five year lease term
with Otis R. and Bertha W. Funk for temporary Fire Station No. 12, with
the lease to be in a form approved by the City Attorney, for a term of
five years with 90 days notice of termination by either party at any
point during the lease term from November 1, 1986, through October 31,
1991.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28441) AN ORDINANCE authorizing the lease of temporary Fire
Station No. 12 by the City upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 14.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. r~sser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None-
O.
A staff report explained that Mrs. Mildred Prater initially leased
Old No. 6 Fire Station on Jamison Avenue, S. E., for the Belmont Neigh-
borhood Watch Group for a five year term beginning July 14, 1980, which
lease was authorized pursuant to Ordinance No. 25277, and the lease
provided that the facility would be used as a community center and
meeting place for the group; that Mrs. Prater assigned the lease to the
Belmont Neighborhood Watch Group, Inc., pursuant to Ordinance No.
26027, and the t~ of the lease was for five years from the original
date of the lease wh':ch was July 14, 1980; and Council authorized a new
five year extension of the lease pursuant to Ordinance No. 27734.
FIRE DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee in connection with a lease assignment from the Belmont
Neighborhood Watch Group to Southeast Action Forum, Inc.
734
ACTION:
ACTION:
It was further explained that the Belmont Neighborhood Watch
Group, Inc., and its successor organization, the Southeast Action
Forum, Inc., have requested that the lease for old Fire Station No. 6
be assigned to Southeast Action Forum, Inc.
The Water Resources Committee recommended that Council authorize
appropriate City officials to execute documentation assigning the lease
of Old Fire Station No. 6 from the Belmont Neighborhood Watch Group,
Inc., to its successor organization, Southeast Action Forum, Inc., with
the current lease term (July 14, 1985 through July 13, 1990) to con-
tinue.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28442) AN ORDINANCE authorizing the assignment of the lease for
the fomer No. 6 City Fire Station on Jamison Avenue, S. E., from the
Belmont Neighborhood Watch Group, Inc., to Southeast Action Forum, Inc.
(For full text of Ordinance, see Ordinance Book No. 50, page 21.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .................... 7.
NAYS: None .............
BUDGET-CITY GOVERNMENT (SISTER CITIES): Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for construction and installation of the Sister City
Fountain, presented a written report on behalf of the committee trans-
mitting the following recommendations:
Authorize the City Manager to enter into a con-
tractual agreement with Construction Services of
Roanoke, Inc., in the amount of $42,700.00.
Approve appropriation of $21,935.76 from the Sewage
Lateral Replacement Account No. 008-056-9550-9003
to the Sister City Fountain Account No. 008-052-
9510-9003.
Establish a project contingency account in the
amount of $4,300.00 for a total project amount of
$47,000.O0.
Reject the other bids received.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28443) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 15.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........... 7.
NAYS: None ...................
Mr. Garland offered the following emergency Ordinance:
ACTION:
ACTION:
735
(#28444) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc. for construction of the base and pool for the Sister
Cities Fountain, including water circulating system and electrical ser-
vice required for the complete installation of the Sister Cities Foun-
tain, upon certain terms and conditions, and awarding a contract there-
for, authorizing the proper City officials to execute the requisite
contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 15.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... 7.
NAYS: None ........ O.
AIRPORT: Council member Robert A. Garland, Chairman of the com-
mittee appointed by the Mayor to tabulate bids received for 1986 Roof
Replacement No. 2 at the Roanoke Regional Airport Terminal Building,
Roof Level E, presented a written report on behalf of the committee
recommending that Council authorize the City Manager to enter into a
contractual agreement with Blankenship Roofing Company, Inc., for the
sum of $9,732.00 and twenty consecutive calendar days; establish a pro-
ject contingency of $1,268.00, for a total project amount of
$11,000.00; and that all other bids be rejected.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offpred the following emergency Ordinance:
(#28445) AN ORDINANCE accepting the bid of Blankenship Roofing
Company, Inc., made to the City for roof replacement of Level E at the
Regional Airport Terminal Building; rejecting all other bids made to
the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 16.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .... ?.
-' NAYS: None ..... ~ ............................................... O.
UNFINISHED BUSI ESS: NONE. '~'~"~J%· .,-~°~. -- ·
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The City
Manager introduced Ms, Jinni Benson, the new Roanoke Neighborhood
Partnership Coordinator.
At 10:00 p.m., the Mayor declared the meeting in recess.
At 10:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
736
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of Eldridge W. Chambers, for a term ending
November 18, 1987, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of A. Lorraine Johnson.
There being no further nominations, Ms. Johnson was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fill the unexpired term of Eldridge W. Chambers, resigned, ending
November 18, 1987, by the following vote:
ACTION: FOR MS. JOHNSON: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor ..................................... 7.
SCHOOLS: The Mayor advised that there is a vacancy on the Vir-
ginia Western Community College Board of Directors created by the
ineligibility of William S. Russell to serve another term, and called
for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Thomas L. Robertson.
There being no further nominations, Mr. Robertson was elected as a
member of the Virginia Western Community College Board of Directors,
for a term ending June 30, 1990, by the following vote:
ACTION: FOR MR. ROBERTSON: Council members Harvey, Musser, Trout, Bowers,
Bowles, Garland and Mayor Taylor .... 7.
ROANOKE ARTS COMMISSION: The Mayor advised that there is a
vacancy on the Roanoke Arts Commission created by the resignation of
Robert B. Sears, for a term ending June 30, 1989, and called for nomi-
nations to fill the vacancy.
Mr. Trout placed in nomination the name of Blair W. Fishwick.
There being no further nominations, Mrs. Fishwick was elected as a
member of the Roanoke Arts Commission, for a term ending June 30, 1989,
by the following vote:
ACTION: FOR MRS. FISHWICK: Council members Harvey, Musser, Trout, Bowers,
Bowl es, Garland and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 10:25 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 17, 1986
7:30 p.m.
737
The Council of the City of Roanoke met in regular meeting in the
William Fleming High School Auditorium, 3600 Ferncliff Avenue, N. W., City of
Roanoke, on Monday, November 17, 1986, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Pro-
cedure, Code of the City of Roanoke (19/9), as amended, and pursuant to Resolu-
tion No. 28418, adopted by the Council on Monday, November 3, 1986.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II and Mayor
Noel C. Taylor-- 7.
ABSENT: None ....................
O®
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend W. Albert Massey,
Pastor, Emmanuel Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACT[ON:
TRAFFIC: Pursuant to notice of advertisement for bids for under-
ground traffic signal work at the intersection of Peters Creek Road and
North Lakes Drive, N. W., said proposals to be received by the City
Clerk until 4:30 p.m., on Monday, November 17, 1986, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID
New River Electrical Corporation
Guard Rail of Roanoke, Inc.
$27,938.00
33,767.50
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the conlnittee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a matter of potential liti-
gation.
738
ACTION:
HINUTES: Minutes of the regular meeting of Council held on
Monday, October 13, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. ~sser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles,
Harvey and Mayor Taylor ........
NAYS: None
Garland,
-0.
ELECTIONS: A communication from Alton B. Prillaman, Secretary,
Electoral Board, transmitting the following certified copies of the
abstract of votes cast in the general election held on November 4,
1986, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia at
the General Election held the first Tuesday after the first
Monday in November, 1986, for
MEMBER
HOUSE OF REPRESENTATIVES
SIXTH DISTRICT
Names of Candidates
Flo Neher Traywick
James R. "Jim" 01in
M. Caldwel 1 Butl er
Jane Thurber
Trudy Wheel er
Total of Votes
Received
(In Figures)
5,394
20,068
2
1
1
We, the undersigned Electoral Board, upon examination of the
official records deposited with the Clerk'of the Circuit
Court of the election held on November 4, 1986, do hereby
certify that the above is a true and correct Abstract of
Votes cast at said election for Member of the House of
Representatives in the Congress of the United States.
Given under our hands this fifth day of November, 1986.
S/Mel ba C. Pi rkey
Chairman
S/Charles T. Green
Vice Chairman
S/Alton B. Prillaman Secretary, Electoral Board
A copy teste:
[SEAL] S/Alton B. Prillaman
Secretary, Electoral Board
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia at
the Special Election held on November 4, 1986 for
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall the Constitution of Virginia be
amended to allow any registered voter, who has not
voted in four years, to continue to be registered
if he so requests in writing and still lives at the
address listed on the registration records?
Total Votes
Received
(In Figures)
YES 16,371
NO 5,792
739
QUESTION 2: Shall the Constitution of Virginia be
amended to allow government employees, except those
who are elected or those who are employed by an
elected official, to be appointed assistant voter
registrars or officers of election?
Total Votes
Received
(In Figures)
YES 11,068
NO 9,598
QUESTION 3: Shall the Constitution of Virginia be
amended so that the Virginia Supreme Court may
answer questions of state law certified to it by a
federal court or the highest appellate court of
another state?
Total Votes
Received
(In Figures)
YES 15,077
NC 5,149
QUESTION 4: Shall the Constitution of Virginia be
amended so that the state may be given a right to
appeal certain preliminary dismissals and exclu-
sions of evidence in felony cases?
Total Votes
Received
(In Figures)
YES 14,599
NO 5,809
We, the undersigned Electoral Board, upon examination of the
official records deposited in the office of the Clerk of the
Circuit Court of the election held on November 4, 1986, for
and against the proposed amendments to the Constitution of
Virginia.
Given under our hands this 5th day of November, 1986.
S/Mel ba C. Pi rkej~
Chairman
S/Charles T. Green
Vice Chairman
S/Alton B. Prillaman Secretary, Electoral Board
A copy teste:
[SEAL] S/Alton B. Prillaman
Secretary, Electoral Board
740
ABSTRACT OF VOTES cast in the City of Roanoke, Virginia at
the Special Election held on November 4, 1986, on the follow-
ing question or proposition:
SUNDAY SALES
QUESTION: Shall tile various work, sales and
business activities presently prohibited on Sunday
by Section 18.2-341 of the Code of Virginia (com-
monly known as the Sunday Closing Law) be allowed
in the City of Roanoke?
Total Votes
Received
(In Figures)
FOR (Yes) 11,132
AGAINST (No) 13,922
We, the undersigned Electoral Board, upon examination of the
official records deposited with the Clerk of the Circuit
Court of the election on November 4, 1986, do hereby certify
that the above is a true and correct Abstract of Votes cast
at said election for and against the question or proposition
set forth above.
Given under our hands this fifth day of November, 1986.
S/Mel ba C. Pi rkey
Chairman
S/Charles T. Green
Vice Chairman
S/Alton B. Prillaman Secretary, Electoral Board
ACTION:
ACTION:
A copy teste:
[SEAL] S/Alton B. Prillaman Secretary, Electoral Board"
(For full text, see communication and abstract of votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and abstract of votes be
received and filed. The motion was seconded by Mr. Musser and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..................... 7.
NAYS: None ................. O.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of poten-
tial litigation, pursuant to Section 2.1-344 (a) {6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. t~sser and adopted
by the following vote:
AYES: Council members ~Jsser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None .0.
741
ACTION:
ACTION:
ACTION:
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Brian J. Wishneff as a member of the Economic Development Commission,
for a term ending August 10, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............... 7.
NAYS: None- O.
TRAFFIC: A report of qualification of Chauncey L. Logan as a
member of the Roanoke Transportation Safety Commission, for a term of
four years ending October 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members l~sser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..................... 7.
NAYS: None .......................
HUMAN RESOURCES: A report of qualification of Virginia K. Binder
as a member of the Advisory Board Human Resources, for a term of four
years ending November 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Counci] members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................. 7.
NAYS: None .................
O®
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TAXES-CITY EMPLOyEEs: The City Manager submitted a written report
with regard to Section 125 of the Internal Revenue Code, advising that
Council approved in concept, a recommendation to deduct employee health
care premiums on a pre-tax basis on December 2, 1985; that Section 125
of the Internal Revenue Code allows employee contributions to benefits
to be deducted from gross pay before Federal, State and FICA taxes are
computed; and the Tax Reform Act of 1986 did not eliminate the use of
Section 125 plans for public employees.
It was explained that lower taxable income saves employees on
federal, state and social security taxes; that lower taxable income
also saves on employer contributions of social security taxes; that
companies currently utilizing Section 125 plans include Sovran Bank,
City of Lynchburg, and Roanoke City Schools; and any reduction in
employee social security benefits may be more than offset by placing
savings in an account such as a savings or IRA.
742
ACTION:
The City Manager further explained that meetings will be held with
employees, and Section 125 changes will be effective with the payroll
of January 7, 1987, noting that the program will provide an option to
each employee participating in the Group ~dical Program to reduce
current taxable gross wages, and the amount of the reduction in gross
earnings per participating employee will be the cost of Group Medical
Insurance not provided by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
The
ITEMS RECOMMENDED FOR ACTION:
PARKING GARAGE: The City Manager submitted a written report in
connection with a rate adjustment for the Municipal Parking Garage,
advising that the last adjustment to parking rates occurred effective
September 1, 1985; that periodic and relatively small adjustments are
more in trend ~th business practices than are infrequent but large
adjustments; and free parking is provided on Saturdays and between
5:00 p.m. and 9:00 p.m., in the evenings.
It was explained that parking demands in the downtown area are
increasing and current and proposed rates are as follows:
ACTION:
Type Rate
Current Rate
Proposed Rate
Each 30 minute period
or portion thereof $ 0.45
Maximum 24 hour period 2.25
Early Bird (in by
9:00 a.m. and out by
6:00 p.m.) 2.00
Mont hl y 31. O0
$ 0.50
2.50
Del ete
36.00
The City Manager recommended that Council adjust the parking fees
as set forth above, effective January 1, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28446) AN ORDINANCE providing for an adjustment of the fees
charged at the Municipal Parking Garage; and providing for an emer-
gency.
(For full text of Ordinance, see Ordinance Book No. 50, page 21.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Masser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........
O.
SPECIAL PERMITS-DOWNTOWN ROANOKE, INC.: The City Manager sub-
mitted a written report advising that Council granted Downtown Roanoke,
Inc., a permit in November, 1985, to install certain holiday decora-
tions on City-owned light standards and other facilities along Jeffer-
son Street, Campbell Avenue and Church Avenue in the Downtown Business
District; and Downtown Roanoke, Inc., has requested permission to dec-
orate these same City-owned light and traffic control standards again
this year for a period beginning November 22, 1986, through January 10,
1987, and has agreed to the same basic terms and conditions.
The City Manager recommended that Council adopt the appropriate
measure, in a form acceptable to the City Attorney, to permit Downtown
Roanoke, Inc., to install holiday decorations on certain City-owned
light standards and other facilities along Jefferson Street, Campbell
Avenue, and Church Avenue in the Downtown Business District.
(For full text, see report on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#28447) A RESOLUTION authorizing a revocable permit to Downtown
Roanoke, Inc., for the attachment or installation of certain holiday
decorations to certain City light standards and other facilities in the
downtown area of the City, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 22.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................... 7.
NAYS: None ...............
A communication from Roanoke Area Market Association requesting
permission to hang natural greenery from the light poles and the sup-
port beams of the farmers stalls in the City Market area, ~hich would
be done in conjunction with the project of Downtown Roanoke, Inc., of
decorating the downtown area, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28448) A RESOLUTION authorizing a revocable permit to Roanoke
Area Market Association for the attachment or installation of certain
holiday decorations to light poles and support beams of the farmers'
stall in the City Market Area, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 23.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. M~sser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None .............. O.
CIVIC CENTER: Yne City Manager submitted a written report con-
curring in a report of the Bid Committee with reference to the Civic
Center Sound System, Phase I.
The Bid Committee recommended that Council accept the proposal of
Lee Hartman & Sons, Inc., to furnish and install Phase I improvements
to the present coliseum center sound cluster, for a total amount of
$30,447.00, with installation to be completed within forty consecutive
days after award.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowl es offered the fol 1 owing emergency Ordinance:
(#28449) AN ORDINANCE providing for the purchase of certain sound
equipment for use in the Roanoke Civic Center Coliseum, upon certain
terms and conditions, by accepting a bid made to the City for furnish-
ing, delivering and installing such equipment; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 24.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Masser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: ~one .......... .0.
742
744
ACTION:
ACTION:
TAXES: The City Manager, City Attorney and Director of Finance
submitted a joint written report in connection with a request of the
Free Clinic of Roanoke Valley, Inc., that Council endorse an amendment
to the Code of Virginia by the 1987 Session of the General Assembly, to
provide for exemption from sales and use taxes of tangible personal
property purchased by free clinics furnishing health care services by
licensed physicians and dentists where no charges are made for such
health care services.
It was explained that supplies and equipment purchased by the Free
Clinic are currently subject to the Virginia Retail Sales and Use Tax;
that this tax in the amount of four per cent, one per cent of which
is returned to localities, is administered and collected by the State;
that a number of non-profit, charitable organizations are exempted from
the State tax; that these organizations include colleges, hospitals,
nursing homes, homes for adults, public television stations, food
banks, volunteer rescue squads and churches; and there are also a
number of worthwhile non-profit, charitable organizations which have
not been exempted from this tax by the General Assembly.
The committee advised that unlike in the case of exemption from
real property taxation where a resolution of the relevant local govern-
ing body is required as a prerequisite to consideration of a requested
exemption by the General Assembly, there is no similar requirement that
local governing bodies act on requests for exemptions from the State
sales and use tax; that to the best of their knowledge, no request for
an exemption from the Virginia Retail Sales and Use Tax has ever been
presented to Council for endorsement; and it would appear that the
endorsement of this request by Council would create a precedent for
many similar requests from other similar organizations.
The committee further advised that since the Virginia Retail Sales
and Use Tax is a State administered and collected tax, they believe
that the question of exemption is one more properly addressed to the
General Assembly; and it is their recommendation that Council not
endorse this or other similar requests for exemption from the sales and
use tax; and they further recommended that Council interpose no objec-
tion to the request of the Free Clinic of Roanoke Valley, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager, City Attorney and Director of Finance. The motion was
seconded by Mr. Trout and unanimously adopted.
BUDGET-CITY EMPLOYEES: The City Manager and Director of Finance
submitted a joint written report in connection with first quarter per-
sonnel lapse, advising that the 1987 fiscal year General Fund budget
includes $650,000.00 of anticipated lapse of salary and wages; that the
majority of changes on a proposed budget ordinance will reduce depart-
mental salary budgets and decrease the budgeted lapse account by the
same amount; and the total salary lapse remaining will be as follows:
Original budgeted amount
First quarter lapse realized
$ 650,000.00
(162,500.00)
Total Unrealized
$ 487,500.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28450) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Internal Service Funds Appropriation Ordi-
nances, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 24.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None- O.
745
ACTION:
ACTION:
CITY ATTORNEY:
[NSURANCE-WORKMEN'S COMPENSATION-FIRE DEPARTMENT: The City Attor-
ney submitted a written report forwarding, for the consideration of
Council, a resolution waiving the statutory liens pursuant to the Wor-
kers' Compensation Act which the City of Roanoke has towards the insur-
ance proceeds from the policy of the driver whose vehicle struck and
killed Fire Captain Robert G. Cassell and Firefighter Harvey H. Helm on
November 1, 1986, while they were performing duties as firefighters.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the Following Resolution:
(#28451) A RESOLUTION waiving certain statutory Workers' Compen-
sation Act liens.
(For full text of Resolution, see Resolution Book No. 50, page 26.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members l~sser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ................
O.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Council member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
flood damage repair, Community Center, Norwich Park, presented a writ-
ten report on behalf of the committee recommending that Council autho-
rize the City Manager to enter into a contractual agreement with Mar-
steller Corporation, in the amount of $12,697.00 and 45 consecutive
calendar days; and that Council approve the encumbrance of $12,697.00
in Account No. 008-002-9574-9154.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28452) AN ORDINANCE accepting the bid of Marsteller Corporation
for flood damage repair to the Community Center at Norwich Park, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 27.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................. 7.
NAYS: None ........ O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28425 rezoning certain tracts of land con-
taining 2.1243 acres, located on Old Country Club Road, N. W., desig-
nated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and
2660703, from RS-3, Single Family Residential District, to C-1, Office
and Institutional District, having previously been before the Council
for its first reading on Monday, November lO, 1986, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
746
ACTION:
ACTION:
ACTION:
(#28425) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 17.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None .............
ZONING: Ordinance No. 28426 rezoning three parcels of land
located at 1212 Loudon Avenue, N. W., designated as Official Tax Nos.
2212314, 2212315, and 2212316, from RG-1, General Residential District,
to LM, Light Manufacturing District, subject to certain proffered con-
ditions, having previously been before the Council for its first
reading on Monday, November 10, 1986, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28426) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............. 7.
NAYS: None ........ O.
ZONING: Ordinance No. 28427 rezoning a tract of land containing
approximately 1.75 acres, located on the east side of South Jefferson
Street which is bounded by Jefferson Street, 22nd Street and Yellow
Mountain Road, designated as Official Tax No. 4060601, from RG-1,
General Residential District, to C-1, Office and Institutional
District, subject to certain proffered conditions, having previously
been before the Council for its first reading on Monday, November 10,
1986, read and adopted on its first reading and laid over, was again
before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#28427) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 18.)
Mr. Bowers moved the adoption of the Ordinance. ll~e motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland and
Harvey 6.
NAYS: None ..........................
O®
(Mayor Taylor abstained from voting inasmuch as he serves as a member
of the Board of Directors of Roanoke Memorial Hospitals.)
STREETS AND ALLEYS: Ordinance No. 28428 authorizing the temporary
closure of Coveland Drive, N. W., by barricading it at the eastern side
of Ferncliff Avenue, N. W., having previously been before the Council
for its first reading on Monday, November 10, 1986, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
747
ACTION:
(#28428) AN ORDINANCE authorizing the temporary closure of Cove-
land Drive, N. W., by barricading it at the eastern side of Ferncliff
Avenue, N. W.
(For full text of Ordinance, see Ordinance Book No. 50, page 19.)
Mr. Nusser moved the adoption of the Ordinance. The motion was
seGonded, by Mr. Harve~ and adopted by the following vote:
RYES: Council members Musser, Trout, Bowers, B~wle~, Gapl~a~d,
Harvey and Mayor Taylor- 7.
NAYS: None-
ACTION:
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 28440
authorizing the sale and conveyance of approximately 313 square feet of
City property located adjacent to 3203 King Street, N. E., on the north
side of Berkley Road, N. E., having previously been before the Council
for its first reading on Monday, November 10, 1986, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(~28440) AN ORDINANCE authorizing the sale and conveyance of
approximately 313 square feet of City property located adjacent to 3203
King Street, N. E., on the north side of Berkley Road, N. E.
(For full text of Ordinance, see Ordinance Book No. 50, page 20.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- .7.
NAYS: None--
ACTION:
FIRE DEPARTMENT: Ordinance No. 28442 authorizing the assignment
of the lease for the former No. 6 City Fire Station on Jamison Avenue,
S. E., from the Belmont Neighborhood Watch Group, Inc., to Southeast
Action Forum, Inc., having previously been before the Council for its
first reading on Monday, November 10, 1986, read and adopted on its
first reading and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final adoption:
(#28442) AN ORDINANCE authorizing the assignment of the lease for
the former No. 6 City Fire Station on Jamison Avenue, S. E., from the
Belmont Neighborhood Watch Group, Inc., to Southeast Action Forum, Inc.
(For full text of Ordinance, see Ordinance Book No. 50, page 21.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- .7.
NAYS: None ....
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTION:
POLICE DEPARTMENT-AIRPORT-WATER DEPARTMENT: Council member Musser
advised that sometime ago the police positions at Carvins Cove Reser-
voir and Roanoke Regional Airport, Woodrum Field, were removed from
jurisdiction of the Police Department and classified as security per-
sonnel. He said since these employees carry weapons and have arrest
authority, he is of the opinion that the positions should be reinstated
in the Police Department.
Mr. Musser moved that the question of reinstating security offi-
cers at Roanoke Regional Airport, Woodrum Field, and Carvins Cove
Reservoir, as police officers, be referred to the City Manager, City
Attorney and Director of Finance for study, report and recommendation
to Council. The motion was seconded by Mr. Trout and unanimously
adopted.
748
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 8:05 p.m.
APPROVED
ATTEST: p~
City C1 erk
Mayor
749
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 24, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 24, lg86, at 7:30 p.m., with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, .Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant
to Resolution No. 28412, adopted by Council on Monday, October 27, 1986.
PRESENT:
Bowl es, Robert A.
Noel C. Taylor--
Council members James O. Trout, David A, Bowers, Elizabeth T.
Garland, James G. Harvey, II, Howard E. Musser and Mayor
7.
ABSENT: None ..... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of ~legiance to the Flag of the United States of America
was led by Mayor Taylor.
PLANNING: Mrs. Susan S. Goode, Chairman, City Planning Commission,
appeared before Council and advised that in April, 1986, Council adopted the
Roanoke Vision Comprehensive Plan, and that action concluded an intensive year
long planning process by the Planning Commission, which the Commission feels
represents a successful first toward a long-range development plan for the City
of Roanoke.
On behalf of the City Planning Commission, Mrs. Goode expressed appre-
ciation for Council's support, guidance and cooperation throughout the Roanoke
Vision progress. She requested continued cooperation as the City undertakes the
task of accomplishing the vision that was brought forth by the citizens of Roa-
noke. She stated that the Comprehensive Plan should be applauded for what it
represents -- an innovative and successful public/private team approach to com-
munity development. She said the Plan has al ready received national attention
among other municipalities and professional planning groups for the process that
was followed as well as the resulting planning documents. She commented that
the plan presents a tremendous challenge to fulfill the vision and uphold the
community values of its citizens, noting that the Roanoke Vision Plan is this
community's voice for the future. Also on behalf of the City Planning Commis-
sion, Mrs. Goode emphasized the desire of the Planning Commission to play a key
role in fulfilling this mandate and, with the support of Council, and aid of the
planning staff, the Commission has and will continue to provide development
guidance in many areas. She added that toward this end, the Planning Commission
will be recommending new Zoning and Subdivision Ordinances, which will be the
primary tools for implementing the design and land use objectives of the plan
and, hand in hand, with the adoption of the new ordinances, the City Administra-
tion has been requested to implement new administrative and review procedures
call ed for in the Plan which will focus more responsibilities for development
and coordination on the Office of Community Planning.
Mrs. Goode said the Comprehensive Plan also calls for detailed action
plans for revitalization of both residential and business neighborhoods and
these neighborhood plans must be augmented with updated plans in the areas of
transportation, utilities, recreation and human services which will require the
involvement and coordination of all City departments. She stated that based on
these needs and others which are outlined in the plan, it is clear that the
Planning Commission and the Office on Planntng must play a central coordinating
role to insure that all of the planning efforts work together to fulfill the
intent of the Roanoke Vi si on.
Mrs. Goode reiterated that Roanoke Vision pointed out that the citizens
of Roanoke have confidence in the leadership that Council has exhibited, and it
is that confidence which led them to take part in the Roanoke Vision process to
enumerate the community values and objectives they feel are important to the
City's future. She said it is up to Council, the City Planning Commission and
members of the community to make these objectives a reality.
750
Mrs. Goode presented a Roanoke Vision plaque to the Mayor and requested
that it be displayed in a prominent location to serve not only as a reminder of
success during this past year, but the challenge that lies ahead.
On behalf of the members of Council, the Mayor accepted the plaque with
gratitude and appreciation to the members of the City Planning Commission and
all of those individuals involved in bringing about the Roanoke Vision process.
ACTION:
PUBLIC HEARINGS:
TAXES-DOWNTOWN ROANOKE, INC.: Council having previously autho-
rized the City Clerk to advertise as public hearing for Monday, Novem-
ber 24, 1986, at 7:30 p.m., as soon thereafter as the matter may be
heard, for the purpose of holding a public hearing on a proposal to
establish a Downtown Service District in the downtown area of the City
of Roanoke, pursuant to §15.1-18.3, Code of Virginia (1950), as
amended, the matter was before the body.
As proposed, the Downtown Service District would require the levy
and collection of an additional real property tax on real property in
the downtown area of the City, in the amount of 10~ per $100.00 of
assessed valuation; proceeds from such annual tax would be segregated
and expended in said Downtown Service District for additional govern-
mental services. The boundaries of the proposed Downtown Service
District and a description of the properties proposed to be included in
such District are as set forth on a map dated November 3, 1986, entit-
led "Downtown Service District, Roanoke, Virginia", on file in the City
Clerk's Office.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday, Novem-
ber 14, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28453) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by the addition of a new Division 6, Downtown Ser-
vice District, consisting of new sections 32-102, Downtown service dis-
trict created, 32-102.1, Additional tax imposed, 32-102.2, Downtown
service district defined, 32-102.3, .Purposes of tax, and 32-102.4,
Other powers and duties, to Article II, Real Estate Taxes Generally, of
'~hapter 32, Taxation, to provide for imposition of an additional real
estate tax in a downtown service district created and defined by this
ordinance, for the use of additional tax revenues collected pursuant to
this ordinance and for other powers and duties of the City with respect
to such downtown service district; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 32.)
The motion was seconded by Mrs. Bowles.
The City Manager submitted a written report advising that two
recent studies, Design '79 and Design '85, both strongly recommended
the establishment of a Downtown Service District in order to obtain a
basic but reliable source of funds to support an ongoing downtown man-
agement program; and Downtown Service Districts can be established by
certain units of local government, pursuant to Section 15.1-18.3, Code
of Virginia (1950) as amended, to provide additional services of
government not being offered throughout the entire City.
It was explained that a Service District proposal was presented to
Council at its meeting on Monday, October 20, 1986, by Downtown, Roa-
noke, Inc.; and the proposal, in general, requested that Council adopt
an ordinance which will accomplish the following:
751
establish a primary Downtown Service District;
levy and collect an additional 10~ per $100.00 of
assessed value on real property contained within
the proposed service district boundaries; and
designate Downtown Roanoke, Inc., as its agent to
receive the proceeds of the additional tax levy and
carry out a program that will enhance governmental
services in the proposed Downtown Service District.
It was further explained that the proposed service enhancements to
be provided by Downtown Roanoke, Inc., fall within the following three
general categories:
economic development - business retention, recruit-
ment, and developer recruitment;
management -growth, transportation, and open space
planning; and
community relations - bolstering public-private
partnerships, image-building/marketing, and disse-
minating information and developing information
that can be used by the City in its planning and
budgeting processes.
The City Manager recommended the following:
Establishment (as of July 1, 198/) of a primary
Downtown Service District which boundaries shall be
as set forth on a map dated November 3, 1986,
enti tl ed "Downtown Service Di strict, Roanoke,
Virginia";
Levy and collection, as of July 1, 1987, of an
additional real estate tax on real property con-
tained within the above-referenced boundaries in
the amount of 10~ per $100.00 of assessed valua-
tion; and
Negotiation by the City Manager with Downtown Roa-
noke, Inc., of a service contract to implement the
Downtown Service District Program. Said contract
shall be in a form acceptable to the City Attorney
and must be approved by City Council in its final
form prior to execution by the City Manager.
(For full text, see report on file in the City Clerk's Office.)
Mr. Guy W. Byrd, Jr., President, Downtown Roanoke, Inc., appeared
before Council and requested that Council approve the creation of a
Downtown Service District as submitted by Downtown Roanoke, Inc., on
October 20, 1986, and designated Downtown Roanoke, Inc., to receive and
administer the funds that will be generated through the service dis-
trict, said funds to be derived from an additional 10~ per $100.00 of
assessed value on real property contained within the proposed service
district boundaries.
Mr. Byrd advised that both Design '79 and Design '85 recommended
the establishment of a service district in the City of Roanoke, noting
that such district will aid in the revitalization and continuing
recovery of downtown which is such a visible barometer to the economic
health of the community. He said the proposal reflects a great deal of
time and research on the part of not only the Downtown Roanoke Board,
but its Executive Director, and the proposal also represents input from
all key departments of the City Administration.
752
Mr. Byrd explained that service districts are legal in Virginia,
but they are in use in only a few localities at this time; and they are
used extensively in a number of other progressive cities around the
country ranging from Greenville, South Carolina, to Charlotte, to
Denver, to Hartford, to St. Lewis. He said there is a broad base of
support for the downtown service district within the downtown business
community and presented a map illustrating, by color reference, the
extent of the support. He added that both large and small property
owners have joined together in support of the concept.
Mr. Byrd advised that Downtown Roanoke, Inc., believes that the
service district, which will be empowered initially for a five year
period, will mark another important step in the overall development of
the City, and will become an excellent example of public and private
sector cooperation. He said that as submitted, the proposal is legal,
it provides for accountability in the use of funds, it has a trigger
date that allows for review and evaluation, and it is designed so that
the City will recover all out of pocket expenses associated with imple-
menting the program.
Mr. Larry Davidson, Vice President of Downtown Roanoke, Inc., and
Chairman of the Downtown Management Task Force, appeared before Council
and advised of the time and effort expended by members of the Task
Force to reevaluate the functions and direction of downtown Roanoke
not only the role in economic development, but also the ultimate deci-
sion to request that Council adopt an ordinance creating the downtown
service district. He said Downtown Roanoke, Inc., has been successful
in obtaining support of property owners in the service district area;
and since the Board of Directors made the decision in September to move
forward with the service district concept, they have had the oppor-
tunity to present the plan to property owners in the proposed area
through a number of ways. He pointed out that on September 18 a meet-
ing was held with the full membership of Downtown Roanoke, Inc., which
was called in order to explain the concept; that through the assistance
of the City, a list was obtained of all of the taxable property owners
in the downtown area, and they were given a brief explanation of the
proposal and invited to attend a meeting on September 24; and the City
advertised and held two administrative public meetings on November 4
and 5, noting that no opposition was expressed at either meeting. He
said a presentation was made to the Concerned Citizens and Taxpayers
organization; and the proposal received coverage on television, radio
and numerous articles were in the local newspaper.
Mr. Davidson said the Task Force met face to face with over 120
owners of taxable property in the downtown area and this method of com-
munication enabled the Task Force to secure signed statements of sup-
port from 112 of the 217 owners of property in the proposed service
district area, and these owners represent 216 of the 377 taxable par-
cels in the proposed district, which is actually 57 per cent of the
parcels and 67 per cent of the total assessed valuation. He presented
a list representing signed statements of support from the majority of
the owners, also representing a majority of tile parcels and a majority
of the land value within the proposed district.
(For full text, see statements and list on file in the City Clerk's
Office.)
Mr. Roy E. Abbott, 1118 Winona Avenue, S. W., speaking under his
title of "A Searcher for the Truth", appeared before Council and
advised that on a number of occasions he has stated that integrity is
the key vmrd. He inquired if there is an ordinance which prohibits the
use of City equipment and City employees for the benefit of a private
individual. He explained that on September 29 a citizen appeared
before Council and stated that he made 93 telephone calls to the City
in an effort to get a specific question answered but he received no
response. Mr. Abbott explained that the citizen's question pertained
to the flooding of his property during heavy rainfall and the use of
City personnel and equipment to alleviate the situation.
The City Attorney advised that regulations have been issued by the
City Manager in the Personnel Operating Procedures of the City prohi-
biting the use of City equipment and facilities for other than a proper
public purpose.
753
Mr. Abbott stated that the citizen requested that the City give
him an answer to his question, advising that his point is, the citizen
received no response to his request until he appeared before Council.
He stated that shortly after this incident, he read a newspaper article
in reference to a private organization seeking a special self-imposed
tax for the benefit of downtown Roanoke. He said it is interesting to
note that one individual could not get the attention of City management
while a group of influential persons evidently had easy access to City
management.
Mr. Abbott stated that it seems odd the City cannot use a
bulldozer and a few moderately paid employees for a citizen, while on
the other hand, it can use millions of dollars, highly sophisticated
equipment, and high salaried personnel to accommodate a private organi-
zation.
Mr. Abbott stated that at a meeting of Concerned Citizens and Tax-
payers, Mr. Robert W. Hooper, Executive Director of Downtown Roanoke,
Inc., assured the organization that the City Auditor would be required
to closely audit all expenditures, advising that the Auditor has indi-
cated in order to accomplish the additional work, another auditor would
have to be employed at a salary of $25,000,00 - $30,000.00 per year.
He said public records indicate that more than $200,000.00 of tax-
payers' money is budgeted for downtown use, all of which would benefit
Downtown Roanoke, Inc.
Mr. Abbott stated it is disturbing that 377 parcels of taxable
property is being assessed at only $108 million, and it is astounding
that about 12 - 14 blocks of prime downtown business property is being
assessed this low, which seems to bear out the State of Virginia's
report that the City's business property was assessed at about 65 per
cent of its true value. He said one wonders when this situation will
be corrected.
Mr. Abbott advised that if Council adopts the proposed program it
will be obligating the City to bill, collect, audit, and hold the funds
in escrow in a separate account to disburse, and defend itself against
any and all law suits brought about by the ordinance.
No other person wishing to address Council with regard to the pro-
posed downtown service district, Ordinance No. 28453 was adopted on its
first reading by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............... 7.
NAYS: None--
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
co~nittees appointed by Council; a matter of potential litigation; and
an additional personnel matter.
MINUTES: Minutes of the regular meetings of Council
Monday, October 20, 1986; Monday, October 27, 1986; and
November 3, 1986, were before the body.
held on
Monday,
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
754
ACTION:
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- --7.
NAYS: None ...... ---0.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and con~ittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None .... O.
ANNEXATION-CONSOLIDATION: A report of the City Manager in connec-
tion Nth Recommendation No. 6 contained in the Mayor's 1985 State of
the City Address inviting participation by Roanoke County in a study to
determine the economic impact of consolidating the two jurisdictions,
was before Council.
The City Manager advised that by written correspondence, Mr.
Elmer Hodge, Roanoke County Administrator, has informed him that the
Board of Supervisors is not interested in spending funds for such a
study at this time, however, the Board is very receptive to regional
cooperation on matters of mutual interest and to other cooperative ven-
tures if feasible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor-- .7.
NAYS: None ....... .0.
COUNCIL: A communication from the Director of Real Estate Valua-
tion requesting an Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Director
of Real Estate Valuation to convene in Executive Session to discuss a
personnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor-- 7.
NAYS: None ..... O.
YOUTH: A report of qualification of Robert J. Ingram, Jr., as a
member of the Youth Services Citizen Board, to fill the unexpired term
of W. H. Fralin, resigned, ending May 31, 1987, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--- -7.
NAYS: None ..........
-0.
ZONING: A report of the City Planning Commission requesting that
Council designate Monday, December 8, 1986, at 6:00 p.m., for a joint
briefing between Council and the City Planning Commission on the pro-
posed Roanoke City Zoning Ordinance; and that Council schedule a public
hearing for the proposed Zoning Ordinance on Monday, December 15, 1986,
at 2:00 p.m., was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Planning Commission. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .... _ ........ 7.
NAYS: None ........
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended was
before the body. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of poten-
tial litigation, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland,-Harvey,
Musser and Mayor Taylor ......... .-7.
NAYS: None ........
755
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate a private donation of
$950.00 from the Partners in Excellence Foundation, which will provide
instructional materials for the chess program and materials to update
the Highland Park Help Center, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Partners in
Excellence Program will be 100 per cent funded by a private donation;
and recommending that Council concur in the request was also before
the body. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28454) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 28.)
756
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of tile Ordinance. The motion was
seconded by Mr. Trout and adopted by the fo))owing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ........ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
the purchase of deicing salt.
The Bid Committee recommended that Council accept the bid of
Morton Salt, Division of Morton Thiokol, Inc., to furnish and deliver
1,000 tons, more or less, of deicing salt, in the total amount of
$36,460.00, and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28455) AN ORDINANCE accepting a bid for furnishing deicing salt
to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 28.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None ..........................
BUDGET-LIBRARIES-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
bids for a library paging system.
The Bid Committee recommended that Council accept the bid of Lee
Hartman and Sons, Inc., to furnish and install a paging system in the
Main Library, in the amount of $27,970.00; that the other bid be rejec-
ted; and that Council appropriate $15,000.00 to Account No.
001-054-7310-9015, with a corresponding revenue estimate to be paid by
the Roanoke Public Library Fund.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28456) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 29.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None .......... O.
Mrs. Bowles offered the following emergency Ordinance:
ACTION:
ACTION:
ACTION:
(#28457) AN ORDINANCE accepting the bid of Lee Hartman & Sons,
Inc., made to the City for furnishing and installing a paging system in
the Main Library; rejecting all other bids made to the City; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 30.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None ...... O.
MUNICIPAL BUILDING: The City Manager submitted a written report
in connection with Change Order No. 29 to the contract with Branch and
Associates, Inc., for alterations and additions to Municipal North.
It was explained that the contractor has accomplished various
items of additional work throughout the course of the project; that
these items have resulted from changed conditions noted after work was
in progress, or modifications in the improvements deemed desirable by
the City and project architects; that individual work elements are
relatively minor in scope and small dollar volume; that due to recent
resignation of the employee assigned to administer contract documents,
a number of these additional work items have accumulated so as to
require change order approval; and transmitting a list of individual
items that have already been completed by the contractor, upon approval
by the architect and City Administration, which, taken together,
require Council's authorization as a change in the contract.
The City Manager recommended that he be authorized to issue Change
Order No. 29 to the contract with Branch and Associates, Inc., in the
amount of $19,719.00, and an additional time of ten consecutive calen-
dar days, advising that the project completion date would then be Octo-
ber 29, 1986, and the total contract amount will be $3,194,145.00.
(Through Change Order No. 29, the changes amount to five per cent of
the original contract amount, which is very good for a building whose
original working drawings were produced in 1914.)
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28458) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 29 to the City's contract with Branch and Associates,
Inc., of Roanoke, for additions and alterations to the former Court-
house and Jail; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 30.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None-- O.
DIRECTOR OF FINANCE:
FInaNCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of October, 1986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Bowers and unanimously adopted.
At 8:25 p.m., the Mayor declared the meeting in recess.
At 9:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all mmmbers of the Council in attendance.
757
758
ACT[ON:
ACT[ON:
REPORTS OF COMMITTEES:
BUDGET-CIVIC CENTER: Council member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
construction of toilets for the handicapped in the Roanoke Civic
Center Auditorium, presented a written report on behalf of the commit-
tee, transmitting the following recommendations:
Authorize the City Manager to enter into a contrac-
tual agreement with Construction Services of Roa-
noke, Inc., to construct toilets for the handicap-
ped in the Civic Center Auditorium, in accordance
with the contract documents as prepared by the City
Engineer's Office, in the amount of $33,617.00 and
120 consecutive calendar days.
Approve the encumbrance of $33,617.00 for the con-
tract amount and establish a contingency amount of
$3,383.00 for a total project amount of $37,000.00.
Approve the transfer of $37,000.00 from the Handi-
cap Compliance Account No. 008-002-9507-9065 to a
capital account for this project as established by
the Director of Finance. Any funds remaining in
the project account when the project is complete
shall be returned to the Handicap Compliance
Account.
Reject the other bids received.
A report of the City Manager concurring in the recommendations of
the committee, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28459) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 31.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor. 6.
NAYS: None ..................................................... O.
(Vice-Mayor Musser was out of the Council Chamber.)
Mr. Garland offered the following emergency Ordinance:
(#28460) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for the construction of toilet facilities for the
handicapped in the Civic Center Auditorium, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 32.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ....................... O.
ACTION:
759
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Mr. Trout moved that the City
Attorney be instructed to prepare the proper measure commending the
accomplishment of Patricia S. Hammel as recipient of the runner-up
award as Teacher of the Year by the State of Virginia Department of
Education. The motion was seconded by Mr. Garland and unanimously
adopted.
OTHER HEARINGS OF CITIZENS:
FLOODS-SALE/PURCHASE OF PROPERTY-SEWERS AND STORM DRAINS: On
Monday, August 11, 1986, Council adopted Ordinance No. 28291 providing
for the acquisition of real estate needed by the City for construction
of the Lick Run Dry Basin, and authorized the City Manager to establish
to a certain limit the consideration to be offered by the City for each
parcel. Mr. Jennings T. Bird, Attorney, representing certain Shadeland
Avenue property owners and tenants, appeared before Council in an
effort to clarify the status of Shadeland Avenue. He said Shadeland
Avenue residents had a tremendous problem placed upon them a little
more than a year ago as a result of the November flood, and with the
assistance of the City Administration, a solution was found. He stated
that the difficulty has been in implementing the solution; advising
that on August 11, Council authorized the purchase of the real estate
on Shadeland Avenue for the purpose of developing a long-range solu-
tion, not only to the flood that occurred a year ago, but to make sure
that the City and its citizens are not faced with similar devastation
in the future. He added that his clients at that time felt there was
an end coming to the worst of the problem inasmuch as Council author-
ized the funds in an emergency measure, which his clients interpreted
as an indication that Council wanted the action taken immediately. He
commented that his clients felt they could look forward to something
for Thanksgiving; that Thanksgiving is behind these people for all
practical purposes in the sense of getting the necessary action accomp-
lished, but Christmas is coming and his clients are hopeful that some-
thing for their benefit will have been accomplished in dollars and
cents before Christmas.
Mr. Bird said for many months he has worked with the City
Attorney's Office on behalf of his clients; that it took a great deal
of time in his office to prepare and document the personal property
claims of more than twenty families, particularly when most of what
they had in the way of records were destroyed, but the materials were
delivered to the City and the City sought the assistance of insurance
adjusters. He advised that it was a slow process in that the adjusters
met with each family to review their claims in detail; that the process
was completed about six weeks ago and the ten days in which the reports
were to be submitted to the City Attorney's Office turned into more
than a month. He said the City Attorney's Office explained that they
have difficulty in coming to Council each time there is something new
to report, Mr. Bird conceding that the City Attorney's position is
understandable, however, he is of the opinion that there is some
appropriate way for the City to proceed to purchase the real estate,
which is not connected in any logical or legal sense with the personal
property claims, and accomplish that portion of the transactions prior
to December 31.
Mr. Bird requested that purchase of the real estate be resolved
prior to December 31 and preferably December 15 or 20, He said there
will be a penalty if the purchases are not concluded before December
31, and his clients will expect the City, in some form or another, to
pick up the additional tax cost if the transactions cannot be completed
before the end of December.
760
ACTION:
ACTION:
ACTION:
The Mayor advised that he is convinced from what he has exper-
ienced and from what action he has been involved with that there is
mutual concern on Mr. Bird's part and on the part of all the members of
Council to resolve the matter. He said Council has been briefed on the
Shadeland Avenue matter by the City Attorney on several occasions since
negotiations were authorized, and Council is fully aware of the vigo-
rous efforts made by the City Attorney and his staff to resolve the
issue. He stated that the City Attorney has been given the full sup-
port of Council in his negotiations with the attorney for the property
owners and residents of the area. The Mayor explained that the City
has made and will continue to make fair and reasonable offers with
respect to all of the property and, if the offers are received in good
faith, Council is confident that the entire matter can be settled pro-
perly and promptly. He added that with mutual cooperation and meaning-
ful dialogue, the matter can be resolved to the benefit of all.
At 9:20 p.m., the Mayor declared the meeting in recess.
At 11:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
HOUSING: The Mayor advised that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority Board of Commissioners,
created by tile resignation of S. Lewis Lionberger, for a term ending
August 31, 1990, and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Maury L. Strauss.
There being no further nominations, Mr. Strauss was elected as a
member of the City of Roanoke Redevelopment and Housing Authority Board
of Commissioners for a term of four years ending August 31, 1990, by
the following vote:
FOR MR. STRAUSS: Council members Trout, Bowers, Bowles, Garland,
Harvey, ~sser and Mayor Taylor- .7.
YOUTH: The Mayor advised that there is a vacancy on the Youth
Services Citizen Board, created by the resignation of Tracey K. Parker,
for a term ending May 31, 1988, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Robert C. Morris.
There being no further nominations, Mr. Morris was elected as a
member of the Youth Services Citizen Board, to fill the unexpired term
of Tracey K. Parker, resigned, endin9 May 31, 1988, by the following
vote:
FOR MR. MORRIS: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .......................... 7.
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Commission, created by the resignation of
Richard B. Burrow, for a term of four years ending October 31, 1990,
and called for nomihations to fill the vacancy.
Mr. Harvey placed in nomination the name of Robert K. Bengtson.
There being no further nominations, Mr. Bengtson was elected as a
member of the City of Roanoke Transportation Safety Commission, for a
term of four years ending October 31, 1990, by the following vote:
FOR MR. BENGTSON: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .............. 7.
CELEBRATIONS (SPECIAL EVENTS COMMITTEE): The Mayor advised that
the one year term of Kathryn K. Buchanan as a member of the Special
Events Committee expired on June 30, 1986, and called for nominations
to fill the vacancy.
Mr. Garland placed in nomination the name of Kathryn K. Buchanan.
There being no further nominations, Ms. Buchanan was reelected as
a member of the Special Events Committee, for a term ending June 30,
1987, by the following vote:
761
ACTION:
ACTION:
FOR ~IS. BUCHANAN: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor-- - ....... 7.
Mr. Garland moved that the City residency requirement by waived in
this instance. The motion was seconded by Mr. Bowers and unanimously
adopted.
There being no further business, the Mayor declared the meeting
adjourned at 11:05 p.m.
APPROVED
IATTEST:
City Clerk
Mayor
762
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
December 8, 1986
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 8, 1986 at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City. of Roanoke
"(][9~7~), as .amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ............................................................. 6.
ABSENT: Council Member James O. Trout-
'-1.
OFFICERS PRESENT: Mr. Earl B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Michael C. Hop-
kins, Pastor, Virginia Heights Baptist Church.
The Pledge of Allegiance Lo the Flag of the United States of America
was led by Mayor Taylor.
DIRECTOR OF REAL ESTATE VALUATION: On behalf of the members of Council
and the International Association of Assessing Officers' Board of Directors, the
Mayor presented a Certificate of Professional Designation of Certified Assess-
ment Evaluator (CAE) to Mr. Von W. Moody, III, Director, Real Estate Valuation.
PUBLIC HEARINGS:
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 8, 1986, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Arthur P. Strick-
land, Attorney, representing Robert M. and Carolyn Callahan that cer-
tain tracts of land located at the corner of Shull Road and Read Road,
N. E., described as Lots 10 and 11, Official Tax Nos. 3121710 and
3121711, be rezoned from RD, Duplex Residential District, to C-2,
General Con~nercial District, the matter was before the body.
Notice of the public hearing was published in the morning editions
of The Roanoke Times & World-News on Friday, November 21, 1986, and
Friday, November 28, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission pointed out that the pur-
pose of the rezoning is to permit the construction of a building which
will house a lawn and garden sales and service business as well as
other rental space. The Planning Commission recommended approval of
the request, advising that commercial use on Read Road is reasonable;
that traffic generated for the proposed use is low; that a neighborhood
retail establishment, such as this use, could serve the residents of
the area; and other vacant property would be developed in a comprehen-
sive manner in conjunction with the rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
ACTION:
ACTION:
(#28461) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 45.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request
for rezonin9, Ordinance No. 28461 was adopted on its first reading by
the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........................ 6.
NAYS: None .......... .0.
(Council member Trout was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 8, 1986, at 7:30 p.m., or as soon there-
after as the m~tter may be heard, on the request of William W. Terry,
III, Attorney, representing The Park-Oak Grovel L.P., a Virginia part-
nership, that a tract of land containing approximately 3.5 acres,
located on Woodmar Drive, S. W., designated as Official Tax No.
5090205, be rezoned from RS-l, Single Family Residential District and
C-1, Office and Institutional District, to RG-2, General Residential
District, subject to certain proffered conditions, the matter was
before the body.
Notice of the public hearing was published in the morning editions
of The Roanoke Times & World-News on Friday, November 21, 1986, and
Friday, November 28, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission pointed out that the pur-
pose of the proposed rezoning is to construct a 93-unit elderly apart-
ment complex. The Planning Commission recommended approval of the
request, advising that such housing is an appropriate alternative for
the property in that it is compatible with the neighborhood, is typi-
cally a low traffic generator, and provides for a reasonable land use
in this area along Route 419, however, sewer service and storm water
issues will need to be resolved before the proposed project can be
constructed.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the followin9 Ordinance be placed upon its
first reading:
(#28462) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proferred by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 45.)
The motion was seconded by Mr. Bowers.
No person wishing to address Council with regard to the request
for rezonin9, Ordinance No. 28462 was adopted on its first reading by
the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ......... 6.
NAYS: None
-0.
(Council member Trout was absent.)
763
764
ACTION:
ttOUSING: The City Clerk having advertised a public hearing for
Monday, December 8, 1986, at 7:30 p.m., or as soon thereafter as the
matter may be heard, on the request of Daly Seven, Inc., to amend the
Redeve]opment Plan for the Gainsboro Community Development Program
Area, in order to permit the development of a motel on Lots lA and lB
of the Orange Avenue Industrial Park at the intersection of Gainsboro
Road and Orange Avenue, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of The Roanoke Times & World-News on Friday, November
28, 1986.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission pointed out that Daly
Seven, Inc., plans to acquire property in the Gainsboro Community
Development Program Area with the intention of constructing an Inn-
keeper Motor Lodge; that the attorney for Daly Seven informed the Plan-
ning Co~nission that the Redevelopment Plan for the Gainsboro Area
would have to be amended in order to permit the motel use and speedy
action is necessary or Daly Seven will lose its industrial bond alloca-
tion and not be able to obtain bond financing at a later date; and the
Redevelopment Plan presently prohibits motels in any but comm6rcia)
land use areas; noting that the subject property is in an industrial
a rea.
The Planning Commission recommended that the Redevelopment Plan
for the Gainsboro Community Development Program Area be amended to pro-
vide for the motel use.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28463) A RESOLUTION approving Amendment No. 3 to the Redevelop-
ment Plan for the Gainsboro Community Development Program Area.
(For full text of Resolution, see Resolution Book No. 50, page 34.)
Mr. Bowers moved the adoption of the Resolution.
seconded by Mr. Harvey.
The motion was
Mr. Bowers advised that the request was approved by the Roanoke
Redevelopment and Housing Authority at its meeting on December 8, 1986.
He reported that the request has also been approved by the Gainsboro
PAC and the Southwest Virginia Community Development Fund.
The Mayor expressed concern because this particular location is
the gateway to Gainsboro as well as the City of Roanoke, noting that
this is a very important location and he wou)d like to see a class
development. He said he would like to avoid the type of development
that will create certain types of traffic during the night. He
explained that across the street from this development is a residential
community and he has concern for the people who live there. He noted
that he has not seen a proposed plan for the development; that Council
has a responsibility for the orderly and progressive development of the
community; that Gainsboro is changing gradually for the better and he
hopes a]l of this will be working together for good. He said he is not
as informed or as knowledgeable as he would like to be about the kind
and quality of the proposed development, and requested that he be given
the opportunity to review the plan of Daly Seven after it has been sub-
mitted to the City.
Mr. Donald L. Wetherington, Attorney, representing Daly Seven,
Inc., and Southwest Virginia Co,unity Development Fund, both of whom
have petitioned for the requested change in the Gainsboro Redevelopment
Plan to allow construction of the motel under consideration, appeared
before Council in support of the request of his clients. He said Daly
Seven is a corporation based in Danville, Virginia, and was organized
fifteen years ago by Mr. and Mrs. Philip Daly. He stated that the com-
pany is now owned, operated and wholly controlled by the seven sons and
daughters, thus the name Daly Seven, Inc. He said Daly Seven success-
fully operates eleven other motels in the mid-Atlantic region, with two
under construction in Gastonia, Virginia, and one in Greensboro, North
Carolina, and the project before Council would be number fourteen.
I
Mr. Wetherington explained that the project will consist of
approximately 100 rooms, it will be an Innkeeper Motor Lodge, it wil!
have a swimT~ing pool, but no restaurant at first. He said there are no
cocktail lounges or anything remotely resembling night spots in any of
the locations. He stated that total cost is estimated at approximately
$2.25 million; that industrial bond financing of $2 million has been
approved by Council and the allocation granted by the state, noting
that with Council's support the project can go forward and financing
can be closed on December 17. He further explained that tax laws wil!
not provide for industrial development bond financing after this calen-
dar year, and it was only relatively recently that it was discovered
there are covenants and restrictions on the property which arise from
the Gainsboro Redevelopment Plan.
Mr. Wetherington explained that the project would provide as many
as 25 - 30 new jobs for the area when completed, with a payroll in the
range of one-quarter million dollars per year; that the jobs will not
require extensive training, advanced education or special skills and
would be made to order for many of the residents of the immediate area.
Mr. Wetherington pointed out that the Gainsboro PAC Board of
Directors was impressed with the project; that the project will be
attractive, well lighted and policed by security personnel at all
times; that there will be continuous activity with people checking in
and checking out; and the project symbolizes the vitality that people
are coming to recognize in the Gainsboro project area. He said if this
property is lost to an industrial use, the counter balancing considera-
tions more than justify the loss.
Mr. Wetherington explained that there are other policy considera-
tions of Roanoke Vision that are supported by the proposed project, as
follows:
It promotes Roanoke as a destination resort and
provides support services in connection with that
objective.
It encourages revitalization of neighborhood com-
mercial centers.
It discourages the so-called "strip centers".
Mr. Wetherington pointed out that the City Planning Commission,
the Roanoke Redevelopment and Housing Authority, and the Gainsboro PAC
Board of Directors have all approved the project, and requested that
Council give favorable consideration to amendment of the Redevelopment
Plan for the Gainsboro Community Development Program Area.
Mr. Robert Daly, representing Daly Seven, Inc., appeared before
Council and presented photographs of other facilities, as well as
preliminary plans of the proposed project. He said the facility will
comprise 100 rooms and will be of concrete structure; that the project
will possibly be done in two phases, noting that a determination has
not been made if the project will be completed within a year or three
years; that there will be a meeting/hospitality room catering to civic
center patrons and it is proposed to operate a shuttle bus transporting
guests to and from the civic center as well as the airport; that rates
will average between $27.00 and $42.00 per night, depending on the type
of room; and the facilities inside the rooms are comparable to a Holi-
day Inn or a Sheraton.
Mr. Reid Jones, Jr., representing Jones Safety Supply, Inc.,
appeared before Council and advised that his company is convinced that
Daly Seven does not intend to operate a typical motel with some of the
overnight problems that some motels create; that Jones Safety Supply
would have no objection to having the Innkeeper Motor Lodge for a
neighbor and is of the opinion that it may be the best possible use for
the benefit of those people in the Gainsboro area because the project
will produce jobs they are qualified to handle throughout the organiza-
tion; and his company is enthusiastic about the fact that there will
not be any long range recreational entertainment. Mr. Jones endorsed
the project and requested that Council do likewise.
765
766
Mr. George R. Heller, Executive Director, Gainsboro PAC, appeared
before Council in support of amending the Gainsboro Redevelopment Plan.
No other persons wishing to address Council with regard to the
matter, Resolution No. 28463 was adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, tlarvey, Musser,
and Mayor Taylor .... 6.
NAYS: None ....................... O.
(Council member Trout was absent.)
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council; and two matters of acquisition of real
property for public purposes.
MINUTES: Minutes of the regular meetings of Council held on
Monday, November 10, 1986, and Monday, November 17, 1986, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ............ 6.
NAYSr None .... O.
(Council member Trout was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ..................................................... 6.
NAYS: None ............. O.
(Council member Trout was absent.)
767
ROANOKE NEIGHBORHOOD PARTNERSHIP: An annual report for the year
1986 of the Roanoke Neighborhood Partnership, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Muss r,
and Mayor Taylor ..................... 6.
NAYS: None .............. O.
(Council member Trout was absent.)
TOTAL ACTION AGAINST POVERTY: An annual report for the year 1986
of Total Action Against Poverty in the Roanoke Valley, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor .................. 6.
NAYS: None .............................
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter of acquisition of real property for public
purposes, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950),
as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACT ION:
Mr. Musser moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter of acquisi-
tion of real property for public purposes, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor .... 6.
NAYS: None- O.
(Council member Trout was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
November 24, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
ACTION: Mr. Musser moved that the pending list be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
I
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor-- 6.
NAYS: None .................................
(Council member Trout was absent.)
768
ACTION:
ACTION:
ACTION:
ROANOKE ARTS COMMISSION: A report of qualification of Blair W.
Fishwick as a member of the Roanoke Arts Commission for a term ending
June 30, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor .... 6.
NAYS: None ....... O.
(Council member Trout was absent.)
SCHOOLS: A report of qualification of Thomas L. Robertson as a
member of the Virginia Western Community College Board of Directors for
a term ending June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ..................................................... 6.
NAYS: None .............. O.
(Council member Trout was absent.)
COUNCIL: An oral request of the City Attorney for an Executive
Session to discuss a matter of acquisition of real property for public
purposes, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended, was before Council.
Mr. Musser moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of
acquisition of real property for public purposes, pursuant to Section
2.1-344 (a) {2), Code of Virginia (1950}, as amended. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor- 6.
NAYS: None ........ O.
(Council member Trout was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HEALTH: Dr. Fred P. Roessel, Jr., Executive Director of Mental
Health Services of the Roanoke Valley, appeared before Council and pre-
sented a progress report regarding services provided to citizens of the
City by Mental Health Services. It was explained that during this past
fiscal year, $247,536.00 of Roanoke City's tax dollars were matched
with state and federal dollars and fees to provide $3,279,653.00 of
service to Roanoke City citizens, which amounts to $13.00 worth of ser-
vices for each Roanoke City tax dollar expended, and 2,377 citizens
received assistance during the past year through mental health
programs.
(See written remarks on file in the City Clerk's Office.)
Mr. Harvey moved that the progress report be received and filed
with appreciation. The motion was seconded by Mrs. Bowles and adopted.
PETITIONS AND COMMUNICATIONS:
769
HENRY STREET REVIVAL COMMITTEE: A communication from Mayor Noel
C. Taylor, Chairman of the Henry Street Reviva] Committee, advising
that at a meeting of the coanittee held on Wednesday, November 19,
1986, the committee unanimously voted to recommend to Council that Ms.
Linda W. Pharts and Mr. Robert W. Glenn, Jr., be appointed as addi-
tional members of the Henry Street Revival Committee, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Garland moved that Council concur in the recommendation of the
Henry Street Revival Committee. The motion was seconded by Mrs. Bowles
and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $20,382.68 for the Artist in
Education Program to enhance the district's art program, advising that
the progra~n is federally funded, in the amount of $10,382.68, with a
local match of $10,000.00, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Artist in
Education Program is funded with $10,383.00 in federal funds and
$10,000.00 in local funds; that the local funds were budgeted and are
available with the School Board's account; and recommending that
Council concur i~ the request, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28464) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 35.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ........ 6.
NAYS: None- O.
(Council member Trout was absent.)
At 8:30 p.m., the Mayor declared the meeting in recess.
At 8:50 p.m., the meeting reconvened in the Council Chamber,
with Mayor Taylor presiding, and all members of the Council in atten-
dance, with the exception of Council member Trout.
REPORTS OF OFFICERS:
CiTY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-FIRE DEPARTMENT: The City Manager submitted a
written report advising that Resolution No. 4748 adopted by Council on
February 28, 1936, established policy for payment of regular salaries
in lieu of other compensation paid by the City, to employees of the
Police and Fire Departments absent from duty due to line of duty
injuries, not to exceed 60 days without approval of Council; that
Council may consider paying the employee injured in ]ine of duty for
additional time absent from his regular duty, in excess of 60 days,
770
but in no event will payment in excess of 60 days be made until
authorized by Council; that on July 22, 1986, J. C. Jefferson, a Fire
Lieutenant, was injured in the line of duty while at a fire scene at
711 Norfolk Avenue, N. W.; that he did not contribute to the cause of
the accident; and on November 3, 1986, Council, by Resolution No.
28419, extended the pay benefits provided by Resolution No. 4748 for
an additional period of 60 days beginning September 24, 1986, and
ending November 22, 1986.
it was explained that Fire Lieutenant Jefferson has not been
released by his physician to return to duty; that his condition is not
improving and surgery may be indicated which would delay his return to
duty by another six to eight weeks; and Council authorization is
required for regular salary payment to Lieutenant Jefferson during his
continued absence from duty.
The City Manager recommended that Council authorize continued
regular salary payment to Lieutenant Jefferson, retroactive to Novem-
ber 22, 1986, for a period of 60 days, or until he is able to return to
duty, whichever occurs first.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28465) A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for a certain emergency service employee.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 36.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ........... 6.
NAYS: None- O.
(Council member Trout was absent.)
BUDGET-BRIDGES: The City Manager submitted a written report
advising that Lanford Brothers Company, Inc., submitted a base bid in
the amount of $33g,952.00 for Main Street (Wasena) Bridge over Roanoke
River and N & W Railway deck rehabilitation, which was accepted by
Council on May 27, 1986; and the project includes a contract amount
of $353,809.59 (base bid plus four change orders), and a time limit
of 180 consecutive calendar days.
It was explained that Main Street Bridge (Wasena) over Roanoke
River and N & W Railway was experiencing deck deterioration due to the
penetration of chlorides through the deck joints; that the deck, which
had not had any major repairs since its 1938 construction date, is
being rehabilitated in order to improve the riding surface of the
bridge and to extend the life of the bridge; that deck deterioration of
the bridge was studied by Hayes, Seay, Mattern and Mattern in 1984 to
determine the extent to which deck rehabilitation is needed as a
result of the chloride penetration; that the study included obtaining
ten test cut samples from the bridge deck which were submitted for
laboratory analysis, and the results of the analysis indicated that
deck rehabilitation was necessary.
The City Manager pointed out that unsound portions of the concrete
bridge deck were removed by the contractor; that these areas had been
determined as being unsound by Hayes, Seay, Mattern and Mattern; that
their findings revealed there was now a much greater amount of the
rehabilitation needed to restore the areas; that previous estimates
of 400 square yards of rehabilitation have been increased by an addi-
tional 389.8 square yards, and at $120.00 per square yard, this
amounts to an additional $46,776.00.
The City Manager recon~mended that he be authorized to execute
Change Order No. 5, in the amount of $8/,092.70; and that Council
approve transfer of $8/,092.70 from the Public Improvement Bond -
Series 1985 - Streets and Bridges Account No. 008 052 95/7 9181 into
the existing Main Street (Wasena) Bridge Deck Rehabilitation Account
No. 008 052 9541 9001.
771
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#28466) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 37.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor .......... 6.
NAYS: None .......
(Council member Trout was absent.)
ACTION:
Mr. Garland offered the following emergency Ordinance:
(~28467) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 5 to the City's contract with Lanford Brothers
Company, Inc., for the rehabilitation of the Main Street (Wasena)
Bridge over the Roanoke River and N&W Railway right-of-way; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 37.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ......... 6.
NAYS: None .....................
(Councll member Trout was absent.)
O®
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that staff of the City Engineer, along with
Fire Department personnel, made an inspection of the double 5' x 7' box
culvert under Washington Park as a followup to the November 1985 flood
and found it to be in a state of deterioration and cause for serious
concern; and the City Charter, under Emergency Conditions, gives the
City Manager power to select a qualified engineering firm to accomplish
the design in an expeditious manner, and Council was notified of these
conditions on April 30, 1986.
It was explained that the City Administration proceeded under cautious
emergency conditions and retained Hayes, Seay, Mattern and Mattern to
develop plans and specifications for repair and/or replacement of the
damaged culvert; that Hayes, Seay, Mattern and Mattern has considerable
underground tunneling experience and is also under contract with the
City for the Annual Bridge Inspections; that Hayes, Seay, Mattern and
Mattern began immediately to develop plans and specifications; that
since the existing culvert lies under fifty feet of an old landfill
site the design was difficult and several alternates were considered,
and ultimately, it was decided to tunnel a new section of liner plate
and 102 inch concrete pipe around the deteriorated culvert.
The City Manager advised that the engineering agreement with
Hayes, Seay, Mattern and Mattern is based on a payroll multiplier plus
reimbursable fees not to exceed the amount of $97,699.00; that the ini-
tial investigation, survey and design alternates which required a
third party for borings and soils engineering, have taken the City to
the bidding process; that Hayes, Seay, Mattern and Mattern have incur-
772
ACT[ON:
ACT[ON:
red expenses in the amount of $78,863.00 to date on behalf of the City;
that the engineer was monitored to ensure effective utilization of time
on the project to date and every effort will be made to keep cost to a
minimum during the construction administration phase.
The City Manager recommended that he be authorized to award an
engineering contract to Hayes, Seay, Mattern and Mattern, in a form
acceptable to the City Attorney, in an amount not to exceed $97,699.00;
and that the Director of Finance be authorized to transfer from the
Capital Project Fund Account No. 008-052-95/5-9185, the amount of
$9/,699.00, to the Washington Park Box Culvert Restoration Account No.
008-052-9585-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28468) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 38.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ......... _ ............. 6.
NAYS: None ...........
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28469) AN ORDINANCE accepting a certain proposal and awarding a
contract for architectural and engineering services for restoration and
repair of Washington Park box culvert, upon certain terms and con-
ditions; authorizing the proper City officials to execute the requisite
contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 39.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ......... 6.
NAYS: None .......
Og
(Council member Trout was absent.)
Council member Robert A. Garland, Chairman of a committee appoin-
ted by the Mayor to tabulate bids received for construction/restoration
of the Washington Park Box Culvert, presented a written report on
behalf of the committee, recommending that Council take the following
actions:
Award a unit price contract to A. L. King Ltd., in
the amount of $1,243,833.00, in a form acceptable
to the City Attorney.
Reject all other bids received.
Authorize the Director of Finance to transfer from
the General Fund Accounts police salaries (001-050-
3113-1002) $467,046.00 and Fire Salaries (001-050-
3213-1002) $467,046.00 to "Transfer to Capital
Project Fund Account" 001-004-9310-g508, and trans-
fer from Capital Fund Projects Account Washington
Park Storm Drain (008-052-9575-9185) $435,908.00
and establish a new Capital Projects Fund Account
for "Washington Park Box Culvert Construction/Re-
storation in the amount of $1,370,000.00.
($1,243,833.00 Contract and $126,167.00 Contin-
gency, )
773
The City Manager submitted a written report concurring in the
recommendations of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28470) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Capital Fund Appropriations, and providing for
an emergency.
ACT[ON:
(For full text of Ordinance, see Ordinance Book No. 50, page 40.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ................. 6.
NAYS: None ..........
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28471) AN ORDINANCE accepting the bid of A. L. King, Ltd., for
construction and restoration of the Washington Park culvert, upon cer-
tain terms and conditions, and awarding a contract therefor; authoriz-
ing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 41.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ........ 6.
NAYS: None ....... -0.
(Council member Trout was absent.)
I
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the Central Business District experienced
a heavy downpour on Wednesday, August 6, 1986, which caused water to
pond at the level of the front door of the old Miller and Rhoads
building at the intersection of First Street and Campbell Avenue,
S. W., and within minutes after the heavy downpour, the water receded
into the storm drainage system; that concerns were voiced to the City
Administration by property owners along Campbell Avenue, between First
Street and Jefferson Street, that after recovering from the November
1985 flood, apparent flood damages could occur again from heavy down-
pours; and the City Administration requested that the City Engineer
investigate what could be done to alleviate flooding from heavy down-
pours.
it was explained that the City Engineer's staff began a review of
the entire storm drainage system in the Central Business District which
consisted of checking each inlet for cleanliness, size of existing
throat openings, size of exiting pipe to the main flow channels, and
the main underground flow channels were also checked for condition and
adequacy.
774
The City Manager noted that field investigation found that ninety
per cent of the inlet openings are four foot-eight inches wide with the
height of the openings ranging from two to five inches; that the exit-
ing pipes are predominantly twelve inches in diameter; that tile system
was started in the 1800's and has been routinely added to since that
time; and street paving and other downtown construction have added more
flow to the system as the years pass leading to today's problems.
It was further explained that the City Engineer's staff has eva-
luated the existing storm drain inlets and pipe systems, based on flow
patterns in the main flooding area of downtown Roanoke, and has pro-
posed new inlet structures with sufficient throat length to intercept
the flow, along with the proper size of exit pipes to pass the inter-
cepted flow to the underground drainage system. Attachments were
transmitted showing the total number of proposed inlets and pipes
recommended to intercept the over-street storln water flow before it
reaches the lower areas of downtown Roanoke; and the estimated cost of
the total proposed improvements ($184,888.00).
The City Manager reco~nended that Council transfer $75,000.00 from
Capital Project Fund Storm Drain Account No. 008-052-9575-91/6 to a
new account to be established by the Director of Finance, in the amount
of $71,500.00, with a contingency of $3,500.00. It was noted that it
is quite probable some proposed work may be impossible to accomplish as
planned due to difficulties experienced in working underground in down-
town which will necessitate on-site decisions about alterations while
downtown traffic is being disrupted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28472) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 41.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ........ 6.
NAYS: None ...........
(Council member Trout was absent.)
REPORTS OF COMMITTEES:
EASEMENTS-APPALACHIAN POWER COMPANY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with an Appalachian
Power Company indenture in the Roanoke Centre for Industry and
Technology.
A staff report pointed out that electric service to the industrial
parcels east of Blue Hills Drive, N.E. (between the street and the
city limit line) is to be provided by overhead electric lines in a 50'
public utility easement along the easterly boundary of the industrial
park that was dedicated by the original recordation of the subdivision
plat; that Appalachian Power Company has submitted an indenture which
will give them the authority to install the overhead electric service
to the easterly portion of the industrial park; and the Director of
Utilities and Operations has authorized Appalachian Power Company to
start preliminary work due to need for temporary electric service at
the "Orris" site.
The Water Resources Committee recommended that Council authorize
the appropriate City officials to execute the Appalachian Power Company
indenture providing Appalachian with the right to install overhead
electric service in an existing fifty foot public utility easement to
the easterly portion of the Roanoke Centre for Industry and Technology.
(For full text, see reports on file in the City Clerk's Office.)
775
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28473) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 46.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ................. 6.
NAYS: None- O.
(Council member Trout was absent.)
CITY PROPERTY-SPECIAL PERMITS: Council member Elizabeth T.
Bowles, Chaiman of the Water Resources Committee, presented a written
report on behalf of the committee, in connection with encroachment into
street right-of-way in the 100 block of Day Avenue, S. W.
A staff report pointed out that the building at 701 First Street,
S. W., has existed at that location for a number of years, having for-
merly been occupied by Blue Ridge Optical Company; that the property
was acquired recently by CHMC Associates, Inc.; that the structure
abuts the right-of-way line of Day Avenue, S. W., due to a five foot
strip of property acquired by the City in 1956; that CHMC Associates,
Inc., desires to install a new brick veneer skin on the outside of the
structure; that on the Day Avenue side, the brick veneer will encroach
upon the City street right-of-way five inches for the entire 138.31
foot length of the property; and the sidewalk area width at this loca-
tion is five feet wider than the adjacent property.
The Committee recommended that Council authorize appropriate City
officials to execute a revocable license with appropriate insurance,
and require indemnification on behalf of the City, permitting encroach-
ment over a portion of Day Avenue, S. W., to allow a brick veneer five
inches deep and 138.31 feet long on the property at 701 First Street,
S. W.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28474) AN ORDINANCE granting a revocable license for a certain
encroachment over and into City-owned property adjacent to the licen-
see's property located at 701 First Street, S. W., bearing Official Tax
Nos. 1020412, 1020413 and 1020414, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 47.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ................. 6.
NAYS: None ........... O.
(Council member Trout was absent.)
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Gar-
land, Chairman of a conwntttee appointed by the Mayor to tabulate bids
received for construction of the Williamson Road storm drain, Phase I,
Contract II, and the Williamson Road East Sanitary Sewer, presented a
written report on behalf of the committee, recommending that Council
award a unit price contract to F. L. Showalter, Inc., in the amount of
$1,881,944.00 and establish a five per cent contingency for the pro-
ject, in the amount of $94,097.00, in a form acceptable to the City
Attorney; and that Council authorize the Director of Finance to trans-
fer the following funds from specified existing accounts:
776
From Williamson Road, SD,
Phase !
Account No. 008-052-9553-9001
$ 163,077.00
From S. D. Bonds
Account No. 008-052-9577-9176
1,387,465.00
From Wi111amson Road East
Sanitary Sewer Project
Account No. 003-056-8413-9003
15,821.00
From Sewer Fund Retained Earnings
(appropriated)
409,678.00
To the following accounts:
Capital Account Williamson Road
Storm Drain
Account No. 008-052-9554-9001
Phase !, Contract II
1,550,542.00
Williamson Road East Sanitary
Sewer (Account to be established
in Sewer Fund by Finance)
Phase !, Contract I!
425,499.00
Total $ 1,976,041.00
Including $1,881,944.00 for contract and $94,087.00
for the contingency.
It was further recommended that the other bid be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28475) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital and Sewage Funds Appropriation Ordinances, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 42.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor .... 6.
NAYS: None ....... O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28476) AN ORDINANCE accepting the bid of F. L. Showalter, Inc.,
for construction of the Williamson Road Storm Drain, Phase I, Contract
II, and Williamson Road East Sanitary Sewer Projects, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 43.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ................ 6.
NAYS: None ...................
(Council member Trout was absent.)
777
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
m
CITY CODE-TAXES-DOWNTOWN ROANOKE: Ordinance No. 28453, amending
the Code of the City of Roanoke (1979), as amended, by the addition of
a new Division 6, Downtown Service District, of Chapter 32, Taxation,
to provide for imposition of an additional real estate tax i~ a down-
town service district created and defined by the ordinance, and for
other powers and duties of the City with respect to such downtown ser-
vice district; effective July 1, 1987, having previously been before
the Council for its first reading on Monday, November 24, 1986, read
and adopted on its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28453) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by the addition of a new Division 6, Downtown
Service District, consisting of new sections 32-102, Downtown servlc~--~
diStrict created, 32-102.1, Additional tax imposed, 32-102.2 , Downtown
service district defined, 32-102.3, Purposes of tax, and 32-102.4,
Other powers and dutieS, to Article It, Real Estate Taxes Generally, of
Chapter 32, Taxation, to provide for imposition of an additional real
estate tax in a downtown service district created and defined by this
ordinance, for the use of additional tax revenues collected pursuant to
this ordinance and for other powers and duties of the City with respect
to such downtown service district; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 32.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor- 6.
m
NAYS: None ........
(Council member Trout was absent.)
ACTS OF ACKNOWLEDGMENT-SCHOOLS: Mrs. Bowles offered the following
Resolution recognizing PATRICIA S. HAMMEL for her service to the City
and for Teacher of the Year honors, which were bestowed upon her by the
Commonwealth of Virginia:
(#28477) A RESOLUTION recognizing PATRICIA S. HAMMEL for her ser-
vice to the City and for the Teacher of the Year honors bestowed upon
her.
(For full text of Resolution, see Resolution Book No. 50, page 43.)
ACTION: Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor- 6.
NAYS: None ..............................
(Council member Trout was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
DONATIONS: The City Manager submitted a written report advising
that the City of Roanoke is being offered as a gift, the recently vaca-
ted Kroger Bakery facility located on Norfolk Avenue at Fifth Street,
S. W.; that the site includes two areas, one of 3,864 square feet loca-
778
ted north of Norfolk Avenue, and a second group of parcels totalling
2.62 acres (114,113 square feet) south of Norfolk Avenue; that the
building complex includes two separate buildings of 72,340 square feet;
and the buildings are currently being carefully maintained and appear
to be in good condition.
It was explained that acquisition of the Kroger property would
have a beneficial impact on the planned widening of the 5th Street
Bridge, as land included in tile gift would have to be acquired to
construct the bridge; and Council has already requested state funding
for this particular project.
The City Manager recommended that Council authorize the accep-
tance, as a gift to the City from The Kroger Company of the Kroger
Bakery facility, comprised of Tax Numbers 1110713, 1111305, 1111307,
1111310, 1111312, 1111315, and 1111316; that the property shall be
donated to the City free and clear of a11 liens and restrictions as to
use, and all taxes shall be paid by The Kroger Company to the date of
closing; and prior to acceptance, the City Attorney shall determine
that the conditions are met and that The Kroger Company has clear title
to the property.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28478) AN ORDINANCE accepting the donation of the former bakery
of The Kroger Co. to the City; authorizing the City Attorney to prepare
the necessary documents to effect this transfer; thanking The Kroger
Co. for this donation; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 44.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ......... 6.
NAYS: None ....... O.
(Council member Trout was absent.)
At 9:15 p.m., the Mayor declared meeting in recess.
At 9:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Commisssion created by the resignation of
Janet L. D'Ignazio, for a term ending October 31, 1988, and called for
nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of Christine J. Drisco11.
There being no further nominations, Ms. Driscoll was elected as a
member of the City of Roanoke Transportation Safety Co~mission to fill
the unexpired term of Janet L. D'Ignazio, ending October 31 1988, by
the followin9 vote: '
ACTION:
ACTION:
FOR MS. DRISCOLL: Council members Bowers, Bowles, Garland, Har-
vey, Musser and Mayor Taylor ........ 6.
(Council member Trout was absent.)
Mrs. Bowles moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Bowers and adopted.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that there is a vacancy on the Roanoke Neighborhood Partnership
Steering Committee created by the resignation of William L. Lee, for a
term ending November 20, 1988, and called for nominations to fill the
vacancy.
779
Mrs. Bowles placed in nomination the name of Doris A. Alexander.
There being no further nominations, Ms. Alexander was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee to
fi]) the unexpired term of Wil]iam L. Lee, ending November 20, 1988, by
the following vote:
m
ACTION:
FOR MS. ALEXANDER: Council members Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .......... 6.
(Council member Trout was absent.)
PLANNING: The Mayor advised that the four year terms of Susan S.
Goode, Charles A. Price and Paul C. Buford as members of the City
Planning Commission, will expire on December 31, 1986, and called for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Susan S. Goode,
Charles A. Price and Paul C. Buford.
There being no further nominations, Mrs. Goode, Mr. Price and Mr.
Buford were reelected as members of the City Planning Commission for
terms of four years each, ending December 31, 19g0, by the following
vote:
ACTION:
FOR lt~S. GOODE AND MESSRS. PRICE AND BUFORD: Council members
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 6.
(Council member Trout was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 9:55 p.m.
ATTEST:
City Clerk
APPROVED
78O
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 15, 1986
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 15, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ReQular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979~-as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, David A. Bowers and Mayor Noel C.
Tayl or ............................................................. 6.
ABSENT: Council member James O. Trout
-1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wiiburn C. Dibling, Jr., City
Attorney; Mr. William M. Hackworth, Assistant City Attorney; Mr. Joel M.
Schlanger, Director of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by the Reverend Harold S. Meyer,
Pastor, Williamson Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: Raleigh Court Elementary School students, Tevis Marshall and
Ellen Harris, appeared before Council and presented each member of Council, the
City Manager, Assistant City Manager, City Attorney, Director of Finance and
City Clerk with holiday note pads.
On behalf of the members of Council
appreciati.on.
and staff, the Mayor expressed
BID OPENINGS:
ACTION:
ACTION:
BRIDGES: Pursuant to notice of advertisement for bids for re-
placement of the Wise Avenue pedestrian bridge over Tinker Creek, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
December 15, 1986, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the advertise-
ment for bids, and no representative present raising any question, the
Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the fei)owing bids:
BIDDER
H & S Construction Company
Wilkins Construction Co., Inc.
Allegheny Construction Co., Inc.
BASE BID
$ 74,500.00
100,737.50
117,044.80
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The m~tion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
m
ACTION:
ACTION:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for the Roanoke City - Salem interconnect pump station, said proposals
to be received by the City Clerk until 1:30 p.m., on Monday,
December 15, 1986, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the advertise-
ment for bids, and no representative present raising any question, the
Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
Breakell, Inc.
Structures & Utilities Co., Inc.
Mid-State Construction Co., Inc.
Aaron d. Conner General Contractor,
Inc.
BASE BIO
$187,700.00
187,894.00
189,839.00
213,712.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and reco~nendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and Wi)liam F. Clark as members of the committee.
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
a Fire Suppression System, Halon 1301 - Computer Room, Municipal North,
said proposals to be received by the City C)erk unti) 1:30 p.m., on
Monday, December 15, 1986, and to be held, opened and read before the
Counci) at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City C)erk opened and read the
roi)owing bids:
BIDDER
Atlantic Fire Systems, Inc.
Fire-X Corporation
Greer's Supply Company, Inc.
BASE BID
$ 8,636.00*
13,734.00
16,500.00
*(See alterations to bid form. Cashier's check for
bid bond submitted to City Clerk's Office after bid
opening).
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
781
PUBLIC HEARINGS:
ZONING: The City Clerk having advertised a public hearing for
Monday, December 15, 1986, at 2:00 p.m., or as soon thereafter as the
matter may be heard, in order to consider a comprehensive amendment and
revision of Chapter 36, ZoninQ, Code of the City of Roanoke (1979) as
amended, the matter was 6efore the body. '
Notice of the public hearing was published in the morning editions
of The Roanoke Times & World-News on Friday, November 28, 1986 and
Friday, December 5, 1986. ,
(See publisher's affidavit on file in the City Clerk's Office.)
The proposed amendments would revise comprehensively the City's
zoning regulations pertaining to the location, erection, construction,
reconstruction, alteration, repair, or use of buildings and other
structures, their height, area and bulk, percentage of lot to be occu-
782
pied by structures, the size of yards and other required open spaces,
and the trade, industrial, residential and other specific uses allowed
in the districts established, it being proposed to divide the City into
the following districts:
RA - Residential Agricultural District
RS-1 - Residential Single-Family District
RS-2 - Residential Single-Family District
RS-3 - Residential Single-Family District
RM-1 - Residential Multi-Family Low Density
District
RM-2 - Residential Multi-Family Medium Density
District
RM-3
Residential Multi-Family High Density
District
RM-4 - Residential Multi-Family High Density
District
CN - Neighborhood Commercial District
C-1 - Office District
C-2 - General Commercial District
C-3 - Central Business District
LM - Light Manufacturing District
HM - Heavy Manufacturing District
The regulations would also provide for special districts such as
Residential Planned Unit Development Districts, Industrial Planned
Unit Districts, Historic Districts, and Neighborhood Preservation Dis-
tricts.
A report of the City Planning Commission endorsing and recom-
mending approval of the proposed zoning regulations, advising that in
addition to the technical improvements that have been made, the pro-
posed regulations reflect the attitude of confidence that residents
have in our City, was before Council.
It was explained that Roanoke is no longer faced with issues of
economic decline and population loss that led to the 1966 zoning ordi-
nance; that instead, the regulations are based on the premise that
Roanoke is a growing metropolitan center and it has a heritage and a
way of life that must be preserved and enhanced. The Planning
Commission requested that Council favorably consider the proposed regu-
lations. At some time in the near future, the Commission advised that
it will forward to Council, for its consideration, the revised zoning
district maps that must be adopted in order to implement the new zoning
regulations, and actual adoption of the new zoning regulations and the
new zoning district maps will have to be coordinated so that they take
effect simultaneously.
(For full text, see report on file in the City Clerk's Office.)
Mr. Robert N. Richert, 415 Allison Avenue, S. W., appeared before
Council in support of the proposed amendments and advised that Coun-
cil's consideration of the Ordinance is a historic occasion. He said
Mr. John P. Bradshaw and his subcommittee, and Mr, John E. Merrithew
and the City Planning Department, did an outstanding job to the extent
that when the proposed amendments went out for public comment, there
were very few comments to be made, and it was evident to all who con-
sidered the amendments that the citizens had an opportunity for input.
He stated that the proposed ordinance is an outstanding piece of work,
and will serve as a model by which other cities of Roanoke's size and
m
ACTION:
situation can move forward. He commented that it is hoped all neigh-
borhoods in the City of Roanoke will embrace the proposed ordinance,
and he looks forward to the ordinance as a cornerstone in the continued
improvement and revitalization of the inner city neighborhoods.
Mr. Rick C. Moore, 426 Ingal Blvd., S. W., appeared before Council
and advised that the proposed ordinance is vital and necessary for the
City of Roanoke. He said the City Planning Commission did an excellent
job in its preparation.
Mr. Gerald Hubbs, a property owner in southeast Roanoke, appeared
before Council in support of the proposed amendments; advising that
enactment will help small businesses.
Mr. Musser moved that Council concur in the recommendation of the
City Planning Commission. The motion was seconded by Mr. Harvey and
adopted.
CONSENT AGENDA:
783
m
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council; a legal matter; and a matter of poten-
tial litigation.
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 24, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ....... 6.
NAYS: None ..... -0.
(Council member Trout was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ......... 6.
NAYS: None ........
Oe
(Council member Trout was absent.)
SOLID WASTE DISPOSAL: A report of the City's representatives on
the Roanoke Valley Regional Solid Waste Management Board with regard to
a study of solid waste disposal options, was before Council.
(For full text, see report on file in the City Clerk's Office.)
784
ACT[ON:
Mrs. Bowles moved that Council concur in the report of tl~e City's
representatives on the Roanoke Valley Regional Solid Waste Management
Board. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
TRAFFIC: A report of qualification of Robert K. Bengtson as a
member of the City of Roanoke Transportation Safety Commission, for a
term of four years ending October 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACT[ON:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ..... 6.
NAYS: None ............................
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter, pursuant to Section 2.1-344 (al (6),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter, pur-
suant to Section 2.1-344 (al (6), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........ 6.
NAYS: None .....
(Council member Trout was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of potential litigation, pursuant to
Section 2.1-344 (al (6), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of poten-
tial litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .......... 6.
NAYS: None ...........
(Council member Trout was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
m
ACT[ON:
PUBLIC ASSISTANCE: Mr. H. Joel Kelly, 1113 Penmar Avenue, S. E.,
appeared before Council and requested that Council issue a joint
proclamation with the governing bodies of the Roanoke Valley in which a
day will be proclaimed as, "The Day That Roanoke Valley Gave". He
stated that since valley-wide participation is being requested, he is
proposing that every citizen donate a dollar or a can, bag or box of
food. He explained that the food would be dropped off at a specified
collection point and given to such agencies as Total Action Against
Poverty and the Salvation Army for disbursement.
Following discussion of the proposal, Mr. Harvey moved that the
City Manager be requested to contact localities in the Roanoke Valley
to inquire as to their interest and feasibi]ity of jointly establishing
such a program, and that the City Manager be requested to determine if
the proposal will be a duplication of any service presently being pro-
vided. The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
ZONING: The City Manager submitted a written report advising that
a significant number of complaints have been received from citizens
regarding neighborhood eyesores and objectionable activities, such
complaints indicating widespread non-compliance with ordinances cur-
rently in effect, especially relative to inoperative vehicles, open
storage, signs, and illegal home occupations.
It was explained that the Building Department has made a concerted
effort to eliminate zoning violations in the City; that the City for-
merly had one Zoning Inspector and, six months ago, a second person was
named for this position through reclassification of a vacant position;
that in addition to this additional personnel, Council recently adopted
legislation which sets forth a new definition of "inoperative motor
vehicle" which is: (1) one which for a period of sixty days or more
has been partially or totally disassembled by the removal of tires and
wheels, the engine or other essential parts required for operation of
the vehicle or, (2) one on which there are displayed neither valid
license plates nor a valid inspection decal.
It was pointed out that although there is much to be done, it is
apparent that great strides have been made in eliminating these
eyesores, and adoption of this new legislation authorizes stricter
enforcement.
The City Manager advised that the Building Department welcomes and
encourages telephone calls by citizens reporting zoning violations of
any nature and calls covering inoperative motor vehicles; that it is
stressed that it is most important to give complete details including
address and nature of the violation; that although anonymous complaints
are investigated, it is preferred that the complainant give a name and
telephone number in order that in appropriate cases the inspector's
findings and action might be reported. It was further advised that the
objective is to find violations and get them corrected before com-
plaints are made.
It was pointed out that temporary signs continue to be a source of
problem; that owners of businesses need to be educated as to require-
ments for permits and length of time allowed for such signs; that an
effort in this direction is being made through contact with the local
newspaper; and, in addition to complaints received, inspectors con-
stantly find new signs that have been erected without proper permit and
those which have been left beyond the number of days allowed.
The City Manager explained that the report is intended for Coun-
cil's information and no action is requested; and Council will be
informed from time to time on the progress of enforcement of the Code.
(For full text, see report on file in the City Clerk's Office.)
785
786
ACTION:
Mr. Garland f~ved that the report be received and filed.
motion was seconded Mr. Bowers and adopted.
ITEMS RECOMMENDED FOR ACT[ON:
The
SIDEWALK, CURB AND GUTTER: The City Manager submitted a written
report advising that a bond referendum was approved in November 1984
which included $8,388,500.00 for Williamson Road Storm Drainage, and
$1.1 million for sidewalk, curb and gutter projects; and four storm
drain projects have been bid, as follows:
Phase I - Contract Ia - $502,000.00 - Completed
Phase II - Contract I - $2,200,000.00 - Completed
Quadrant III - $2,054,766.56 - Under Construction
Phase I - Contract II - $1,881,944.00 - Bid
It was explained that sidewalk, curb and gutter has been inc]uded
as part of the storm drain projects only to the extent required to
direct storm water flow into the pipe system, to replace existing
improvements damaged during construction, or to modify existing impro-
vements due to the construction.
ACTION:
The City Manager advised that citizens on Edison Street and
Kennedy Street have petitioned for curb and gutter on the remaining
portion of their streets that were unaffected by storm drain construc-
tion; that a petition has been received from citizens of the 3000 -
3200 b]ocks of Oaklawn Avenue for sidewa]k, curb and gutter; and
various other requests for sidewalk, curb and gutter have been received
from property owners in the Williamson Road area.
The City Manager pointed out that the City Administration wi])
consider the petitions from residents of Edison Street, Kennedy Street,
Oaklawn Avenue and any other request from the Wi]liamson Road area,
along with other similar requests for sidewalk, curb and gutter impro-
vements throughout the City, as funds for such work become avai]able.
(For ful] text, see report on file in the City C]erk's Office.)
Mr. Musser moved that Counci] concur in the report of the City
Manager. The motion was seconded Mrs. Bowles and adopted.
CITY CODE-INSURANCE-TAXES-CITY EMPLOYEES: The City Manager sub-
mitted a written report advising that Counci] approved, in concept, a
recommendation to deduct employee health care premiums on a pre-tax
basis on December 1, 1985; that Council received a briefing on
November 17, 1986, regarding procedures and effects on employee fringe
benefits; that employee and departmental manager meetings were provided
to explain pre-tax deduction of health care premiums from November 18
through December 10, 1986; that fringe benefit reductions may occur to
some employees if they elect the option to have health care premiums
deducted on a pre-tax basis; that group life insurance wi]l be based on
W-2 wages and social security earnings may be reduced by deducting
health care premiums on a pre-tax basis; that the Personnel Management
Department Benefits Coordinator wil] continue to be avai]ab]e to answer
employee questions regarding the personal affect of Section 125; and
employees wil] save the amount of payrol] taxes on the value of their
premium payments if they elect the pre-tax option.
It was explained that the Internal Service Code requires employers
to adopt a written pre-tax Health Care Premium Program; that written
plan.of the Pre-Tax Health Care Premium Program is required to be exe-
cuted by the City Manager; and earnable compensation as defined in
Section 22.1-2, Code of the City of Roanoke (1979), as amended, should
be clarified to include any compensation, subject to a sa]ary reduction
agreement between an employee and the City.
The City Manager recommended that Counci] adopt a measure autho-
rizing him to sign the Pre-Tax Health Care Premium Program, effective
with the January 7, 1987 payroll; and adopt a measure amending Section
22.1-2, Code of the City of Roanoke (1979), as amended.
(For ful] text, see report on fi]e in the City Clerk's Office.)
787
Mr. Garland offered the following emergency Ordinance:
(#28480) AN ORDINANCE adopting a Pre Tax Health Care Premium
Program for the City of Roanoke; authorizing the City Manager to take
the necessary measures to implement the Program; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 48.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28481) AN ORDINANCE amending §§22.1-2, Definitions, of Chapter
22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, in order to amend the definition of "Earnable compensation"
therein; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 49.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ............................... 6.
NAYS: None .....
(Council member Trout was absent.)
CITY PROPERTY-SEWERS AND STORM DRAINS: The City Manager submitted
a written report advising that Shadeland Avenue was the site of severe
flooding and property damage in November 1985; that Council has com-
mitted to purchasing all property on Shadeland Avenue and converting
the site into a dry basin for downstream flood control; and some pro-
perties have been acquired by the City, including two houses still on
site (917 and 943 Shadeland Avenue, N. W.).
It was explained that the two City-owned houses are in good con-
dition structurally; that one has been renovated since the flood and is
in very good condition overal); that the Northwest Neighborhood Envi-
romental Organization (NNEO) of the Gilmer Avenue Conservation Area has
expressed interest in taking 91/ Shadeland Avenue, moving it into the
Gilmer neighborhood, renovating it, and selling it to a low-moderate
income family; that the house at 917 Shadeland Avenue cannot be moved
until one of the adjacent houses is acquired and removed to gain
necessary access to 917 Shadeland; that the possibility exists that
some of ~he other houses on Shadeland Avenue not yet acquired by the
City may be feasible to move into older neighborhoods, renovate and
sell; and in such case, the house moved and repaired by NNEO may serve
as a model of what houses may be like after relocation and repair.
The City Manager recon~ended that Council approve the gift of the
house at 917 Shadeland Avenue, N. W., to NNEO on condition that:
Transfer of title shall occur within ten days of
the effective date of the ordinance.
Risks of loss with respect to the house will pass
to the NNEO at the time of title transfer.
House will be conveyed to NNEO in "as is" condition
with no expressed or implied warranties.
The NNEO will provide public liability insurance
from the date of title transfer until the house is
removed from City property.
788
The house be removed from Shadeland Avenue by NNEO
within thirty days of the title transfer, or of the
City's acquisition of one of the adjacent build-
ings, whichever occurs later.
After its relocation and repair, the house be
available for up to six months for showing on a
limited basis as a model, in the event that, sub-
ject to Council approval, more houses are similarly
relocated from Shadeland Avenue to be renovated.
The NNEO will agree Lo indemnify and hold harmless
the City, ils officers, agents, and employees from
any and all liability growing out of '2he location
of the house on City property, movement, reloca-
tion, and renovation of the house and showing it to
interested parties.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon ils
first reading:
(#28482) AN ORDINANCE providin9 for the City's gift Lo the North-
west Neighborhood Environmental Organization of the house located at
917 Shadeland Avenue, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 53.)
ACTION: The motion was seconded by Mrs. Bowles and adopted by the follow-
ing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .... 6.
NAYS: None ........ O.
(Council member Trout was absent.)
CITY ATTORNEY:
BUDGET-SEWERS AND STORM DRAINS: The City Attorney submitted a
written report advising that with acceptance of the City's offers to
purchase fourteen parcels on Shadeland Avenue, Phase I property acqui-
sition for the Lick Run Dry Basin is virLually complete; that all pro-
perly will be purchased at its fair market value as determined by
competent appraisers and within the funding previously appropriated by
Council for the purpose; that closing on the properties will con~nence
in the near future; and by separate report, the City Manager is
requesting authority to proceed to Phase II of property acquisition for
the Lick Run Storm Drainage Project.
It was explained that offers to tile fourteen property owners who
will be relocating and four tenants in the Lick Run Dry Basin Area have
also included assistance with certain flood related expenses; and
requesting that $146,100.00 be appropriated to ease the burden of reco-
very for these families.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28483) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 50.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
789
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ................................................. 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
m
The City Manager submitted a written report advising that a report
to Council on August 11, 1986, requested an appropriation for apprai-
sals, acquisition of real property, and demolition/relocation for the
Lick Run Dry Basin; that Council appropriated funds requested and
authorized acquisition of Phase I of the properties, and those proper-
ties occupied by residential dwellings and as identified in the
August 11, 1986 report.
It was explained that Phase I acquisition has proceeded to the
point that the City can now proceed with Phase II acquisition from
funds previously appropriated; that Phase II properties comprise of fee
simple purchase of all or portions of twelve properties and drainage
easements across approximately nine properties generally as shown on a
map attached to the report; and fair market value will be established
by an independent appraiser in coordination with the records maintained
by the City's Director of Real Estate Valuation, or by the condemnation
process if necessary.
The City Manager requested Council's authorization to purchase the
properties and easements, at fair market value, to the limit of
$65,000.00 from funds previously appropriated and as generally shown on
a map attached to the abovedescribed report.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
m
(#28484) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Lick Run Dry
Basin, Phase Ii; authorizing the City Manager to establish to a certain
limit the consideration to be offered by the city for each parcel; pro-
viding for the City's acquisition of such real estate by condemnation,
under certain circumstances; authorizing the City to make motion for
the award of a right of entry on any of the parcels for the purpose of
commencing the project; directing the mailing of this ordinance to the
property owners; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 50.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .......................... 6.
NAYS: None .......... O.
(Council member Trout was absent.)
ACTION:
LEGISLATION: The City Attorney presented the proposed legisla-
tive program for the 1987 Session of the General Assembly.
(For full text, see proposed legislative program on file in the City
Clerk's Office.)
Mr. Harvey moved that Council receive and concur in the draft
legislative program, and refer the matter to a meeting of Council and
the City's representatives to the General Assembly to be held on
Thursday, December 18, 1986, at 3:30 p.m., in the Council's Conference
Room. The motion was seconded by Mr. Musser and adopted.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE: The Director of Finance submitted a written
report with regard to the financial condition of the City.
(For full text, see report on file in the City Clerk's Office.)
790
ACTION:
ACT I ON:
ACTION:
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
REPORTS OF COMMITTEES:
RADIO-TELEVISION: Council member Howard E. Musser, Chairman of
the Regional Cable Television Co~nittee, presented a written report on
behalf of the committee, advising that at its meeting on December 5,
1986, the Committee unanimously voted to recommend adoption of a regu-
lation providing for commercial use of the public access channel, upon
certain terms and conditions; and Cox Cable Roanoke, Inc., has reques-
ted adoption of such a regulation to provide additional channel capa-
city while switching to new, more modern home converters.
It was explained that the regulation allows use of the public
access channel for provision of home shopping services only so long as
there is no outstanding, unaddressed request to use the public access
channel; that the regulation further provides that commercial usage of
the public access channel shall permanently cease when basic channel
capacity is available for such co~nercial use; and transmitting a
measure enacting the regulation for the consideration of Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28485) A RESOLUTION providing for the use of the public access
cable television channel (Channel 11) by Cox Cable Roanoke, Inc., upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 51.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser[ Bowers and
Mayor Taylor ...... 6.
NAYS: None ............. O.
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28461 rezoning a parcel of land consisting
of two lots at the corner of Shull Road and Read Road, N. E., desig-
nated as Official Tax Nos. 3121710 and 3121711, from RD, Duplex
Residential District, to C-2, General Commercial District, having pre-
viously been before the Council for its first reading on Monday,
December 8, 1986, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the following for its
second reading and final adoption:
(#28461) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 45.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ............................ 6.
NAYS: None ......................................
(Council member Trout was absent.)
791
ZONING: Ordinance No. 28462 rezoning a tract of land containing
approximately 3.5 acres, located on Woodmar Drive, S. W., designated as
Official Tax No. 5090205, from RS-l, Single Family Residential District
and C-1, Office and Institutional District, to RG-2, General Residen-
tial District, subject to certain proffered conditions, having pre-
viously been before the Council for its first reading on Monday,
December 8, 1986, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the follo~.ling for its
second reading and final adoption:
(#28462) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 45.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ..................... 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
APPALACHIAN POWER COMPANY-EASEMENTS: Ordinance No. 28473 autho-
rizing execution of an indenture between the City and Appalachian Power
Company, granting permission to install overhead electric service in an
existing 50' public utility easement to the easterly portion of the
Roanoke Centre for Industry and Technology, having previously been
before the Council for its first reading on Monday, December 8, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#28473) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 46.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .... 6.
NAYS: None- O.
(Council member Trout was absent.)
CITY PROPERTY-EASEMENTS-SPECIAL PERMITS: Ordinance No. 28474
granting a revocable license for a certain encroachmnent over and into
City-owned property adjacent to the licensee's property located at 701
First Street, S. W., bearing Official Tax Nos. 1020412, 1020413 and
1020414, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, December 8, 1986,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#28474) AN ORDINANCE granting a revocable license for a certain
encroachment over and into City-owned property adjacent to the licen-
see's property located at 701 First Street, S. W., bearing Official Tax
Nos. 1020412, 1020413 and 1020414, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 47.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
792
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
SCHOOLS: Mr. Musser offered the following Resolution com~nending
the Salem Spartans football team and their coach, Willis White, for an
outstanding season:
ACTION:
(#28479) A RESOLUTION commending the Salem Spartans football team
and their coach, Willis White, for an outstanding season.
(For full text of Resolution, see Resolution Book No. 50, page 48.)
Mr, Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........... -6.
NAYS: None ................................ O.
(Council member Trout was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:35 p.m., the Mayor declared the meeting in recess.
At 4:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
REGIONAL PARTNERSHIP OF ROANOKE VALLEY, INC.: The Mayor advised
that the three year term of Stanley R. Hale as a member of the Site
Advisory Committee of The Regional Partnership of Roanoke Valley, Inc.,
expired on December 5, 1986, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of Stanley R. Hale.
There being no further nominations, Mr. Hale was reelected as a
member of the Site Advisory Committee of The Regional Partnership of
Roanoke Valley, Inc., for a term of three years, ending December 5,
1989, by the following vote:
ACTION:
FOR MR. HALE: Council members Bowles, Garland, Harvey, Musser,
Bowers and Mayor Taylor .......... 6.
(Council member Trout was absent.)
ZONING: The Mayor advised that the three year terms of Glynn D.
Barranger, Walter L. Wheaton, L. E1wood Norris, T. E. Roberts and
Richard A. Rife, as members of the Board of Zoning Appeals, will expire
on December 31, 1986, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Glynn D. Barranger,
Walter L. Wheaton, L. Elwood Norris, T. E. Roberts and Richard A. Rife.
There being no further nominations, Messrs. Barranger, Wheaton,
Norris, Roberts and Rife were reelected as members of the Board of
Zoning Appeals, for terms of three years each ending December 31, 1989,
by the following vote:
ACTION: FOR MESSRS. BARRANGER, WHEATON, NORRIS, ROBERTS AND RIFE: Council
members Bowles, Garland, Harvey, Musser, Bowers and Mayor Taylor ..... 6.
(Council member Trout was absent.)
m
I
793
WATER DEPARTMENT: The City Manager submitted a written report
advising that a coordinated study by the Roanoke Valley governments for
a valley water supply conducted in 1983 resulted in an agreed plan to
develop the ¥1est County Reservoir site (Spring Hollow) for a thirty
million gallon per day (MGD) safe yield source of supply to meet the
valley's water needs through the year 2040; and the Commonwealth of
Virginia State Water Control Board issued a permit for water withdrawal
and required flow-by requirements which is believed to statistically
allow the Roanoke River and Spring Hollow Project to provide a safe
yield of 29 MGD.
It was explained that the United States Government Corps of Engi-
neers, througl~ the Norfolk District Office, (COE) has stated their
authority to control f}ow-by requirements and has preliminarily stated
they will issue a permit having flow-by requirements which are sta-
tistically thought to limit the safe yield of the river and reservoir
project to 18 MGD; that safe yield will formally be determined by the
Commonwealth of Virginia Department of Health when it issues its cer-
tificate of operation for the project; and a compromise position is
being sought by Roanoke County from COE, prior to the COE's formal
issuance of their flow-by permit requirements, which is thought sta-
tistically to allow the river and reservoir to produce a 24 MGD safe
yield.
The City Manager recommended that Council adopt a measure of sup-
port of Roanoke County's efforts to solicit a permit from the COE for
flow-by requirements which would statistically result in a possible
safe yield determination of 24 MGD from the proposed Roanoke River and
Spring Hollow Water Development Project; and that the measure be sent
to the District Engineer of the Norfolk Virginia District of the Corps
of Engineers, with a copy each to the Chairman of Roanoke County Board
of Supervisors and the City's federally elected representatives.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28486) A RESOLUTION supporting efforts by the County of Roanoke
to obtain a permit from the United States Government Corps of Engineers
resulting in a possible safe yield determination of 24 million gallons
per day from the proposed Roanoke River Spring Hollow Reservoir
Project.
(For full text of Resolution, see Resolution Book No. 50, page 52.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor-- 6.
NAYS: None .... O.
(Council member Trout was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:40 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
794
SPECIAL SESSION ..... ROANOKE CiTY COUNCIL
December 18, 1986
3:30 p.m.
The Council of the City of Roanoke met in special session in the
Council's Conference Room, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Thursday, December 18, 1986, at 3:30 p.m.,
with Mayor Noel C. Taylor presiding, pursuant Lo Section 10, Meetings 9f Coun-
cil, of the Roanoke City Charter, and pursuant Lo action taken by the Council at
its regular meetin9 on Monday, December 15, 1986.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, Ii, Howard E. Musser and Mayor Noel C.
Taylor ........................................................................ 6.
ABSENT: Council member James O. Trout ............................... 1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate of
Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the
Honorable Clifton A. Woodrum, ~II, Member, House of Delegates; School Board
Chairman Edwin R. Feinour, and School Board members Sallye T. Coleman and Donald
Bartol; Roanoke City Schools Superintendent Frank P. Tota; and Executive Assis-
tant Superintendent and Clerk of the Board Richard L. Kelley.
The meeting was opened with a prayer by Mayor Taylor.
The Mayor advised that the special meeting had been called to discuss
the 1987 Legislative Program of the City of Roanoke with the City's representa-
tives Lo the General Assembly and the Roanoke City School Board by the following
communication:
"December 8, 1986
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
The City Attorney will present the 1987 Legislative Program to Council
at our regular meeting on Monday, December 15, 1986.
A joint meeting of City Council and the School Board with Senator Mac-
farlane and Delegates Thomas and Woodrum has been scheduled for Thurs-
day, December 18, 1986, at 3:30 p.m., in the Council's Conference Room.
I hope all members of Council will be in attendance as we discuss
important issues relating to the City and our school system.
Si ncerely yours,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
The Mayor welcomed the legislators and School Board members, and
expressed appreciation to those who worked hard to formulate the program, and
for all the efforts of the City's representatives to the General Assembly on
behalf of the City. He called upon the City Attorney to present the program.
795
Mr. Dibling explained that the issues addressed in the Legislative Pro-
grain are very important, relevent and unique to the City and School Board; that
the requests are realistic and obtainable and the program is a viable one; and
that it does not include all the items of interest because limited resources
have dictated only priority items could be included. He noted that policy sta-
tements have been included in the program which hopefully will provide useful
guidance to the legislators; that there are two new policy statements, one on
the magnet effect of the central cities, and the other on the drug issue,
although a number of the statements have been rewritten.
He noted the policy statements reflect that these are difficult and
challenging times for local government and school divisions; that in 1983 the
General Legislative Audit and Review Commission studied local governments and
found them, especially central cities, to be fiscally stressed; and that the
ability of local governments to provide the essential services for which they
were created is threatened by things such as diminishing federal aid, unfunded
mandates which are passed on to localities and school divisions, like the Stan-
dards of Quality in Education, constant erosion of local government tax bases,
and the magnet effect suffered by our central cities. He explained that the
term "central cities" refers to the larger more urbanized cities of the State;
that local governments in these cities are providing a full range of social and
humanitarian programs, the school divisions are providing an excellent special
education program, and private charities are providing a full range of chari-
table and benevolent assistance, all of which creates a magnet for those persons
in need of such programs and assistance, and also creates an unfair burden on
the central cities. He also noted the use of drugs in society and the tremen-
dous toll they take in terms of lives, loss of economic productivity and diver-
sion of public facilities.
He advised the City is requesting the following:
I - increased state aid, which has failed to keep
pace with the growth in general fund revenues at
the state level;
m
2 - the reduction of excessive regulatory and sta-
tutory mandates, and resistance to passing on to
local governments without full funding any addi-
tional programs that might be eliminated by the
federal government;
3 - not to cap or restrict any additional revenue
sources which may be available to local govern-
ments, and to recognize the need to study new reve-
nue sources;
4 - to study the magnet effect which exists, the
recognition of which should lead to additional
funding for local governments in the central
cities, and that persons in need of services should
be an equal burden for all Commonwealth citizens;
and
5 - support for increased programs designed for
prevention and cure of drug abuse.
Mr. Diblin9 reviewed the specific legislative proposals with reference
to the following:
Full funding of Standards of Quality and Categorical Educational
Mandates;
Funding for Governor's School for Science and Technology;
Literary Fund;
Full Funding of State Mandated Programs;
Homeless Shelters;
Reimbursement of Locally Owned Nursing Homes;
Annexation - Funding and Procedures;
Virginia Museum of Transportation;
Limitation of Recovery Against City Council Members;
Insurance for Constitutional Officers;
Extension of Occupational Disease Presumptions;
Jail Overcrowding;
Water Management;
Uniform Statewide Building Code and Building Maintenance Code
Penalties;
796
Retainage on Construction Contracts;
Restrictions on Use of Local Government Work Forces;
Hazardous Materials Notification;
Collective Bargaining.
(For full text, see 1987 Legislative Program on file in the City Clerk's
Office.)
Senator Macfarlane expressed appreciation for the opportunity to meet
and commended Mr. Dibling for his assistance given to all the City's representa-
tives throughout the year. With regard to the Literary Fund, he said the con-
sensus seems to be that to the extent possible, members of the General Assembly
want to halt the erosion of that fund. With regard to the Transportation
Museum, he said that Delegate Woodrum is going to introduce budget amendments to
the House with the help of Delegate Thomas on appropriations, and he is going to
introduce identical amendments to the Senate with the help of Senator Emick.
With regard to the Sheriff's concerns about crowded jails, he advised a new pri-
son will probably be authorized having approximately 1,000 beds and possibly
located in Charles City County; that it will cost in excess of $100,000,000.00
and tile state will probably move forward on that with bonds.
Senator Macfarlane requested that the delegation have a briefing on the
Airport, advising he has been unable to obtain any concrete information on how
that project is progressing, and it would be most helpful to them to know more
of what is going on.
With regard to the Governor's School, Senator Macfarlane advised there
is only one Governor's School for the arts and it is located in Norfolk; that
since the science Governor's School has been so successful here, perhaps Council
and tile educational authorities would consider a Western Virginia Governor's
School for the Arts to be located in Roanoke; that this would be a good addition
for the educational needs of western Virginia; and that money for museums and
things of this nature is balanced between east and west, and this might be good
to consider for the future.
With regard to economic development, Senator Macfarlane advised that as
the City goes forward with land in and around the Airport, and [-581, the dele-
gation could be helpful to the City in dealing with the Virginia Department of
Highways on things such as exchanges, lanes on and off, etc., and would be glad
to assist in any way possible.
Delegate Thomas expressed his appreciation for the meeting. He noted
the Senate had lost Senator Edward E. Willey this year, and this gentleman was
someone who had provided a great deal of assistance to Roanoke, because he had
represented Richmond which had many similar problems; that it is now more impor-
tant than ever to work very closely together especially on educational needs and
school funding; that there is a graduate center coming to Roanoke which is
included in the Governor's budget, and he is absolutely dedicated to continued
funding for the schools and has discussed this with the Secretary of Education.
With regard to the Nursing Home, Delegate Thomas advised that the dele-
gation has in the past tried to get funding for the City's nursing home but was
unsuccessful, however, they may try again this year.
Delegate Thomas advised that there are so many needs and so little
money; that about 90% of the agencies have been level funded for the past five
years and some of them are getting in bad shape; that the City's delegation
works closely together, and he will certainly try to do everything in his power
for the Transportation Museum request, as well as the other requests.
Delegate Woodrum expressed his commendation of the City's 1987 Legisla-
tive Program and for the work that went into putting it together. With regard
to the magnet effect of the City, he said he has been concerned about this for a
number of years; that while he applauds the necessary humanitarian programs pro-
vided, he agrees that something must be done to make sure the problems must be
supported in part by the rest of the region.
With regard to problems of the homeless and their housing, Delegate
Woodrum advised he was on the study committee which recommended some emergency
funding from the General Assembly; and that the Virginia Housing Development
Authority has set aside $45,000,000.00 from its reserve funds to serve as
leverage financing for housing problems of Virginians, with particular emphasis
on the elderly, handicapped and homeless.
797
Delegate Woodrum said he would continue to work closely with the other
representatives regarding the City's problems; that he has worked closely with
Mr. Dib)ing and the Sheriff on insurance problems; and that he agrees additional
correctional facilities are needed.
Chairman Feinour expressed appreciation for the opportunity to have
this annual meeting, and for all the legislators have done in the education
field. He especially noted increases in funding for the standards of quality
and said he hoped this can continue to increase. He expressed appreciation for
support of the Roanoke Valley Governor's School and for keeping funding at the
level it is, and said he hoped this will also continue. He advised that the
schools have the same problems as the City concerning the magnet effect; that
when all the special needs of children coming into the school system as a result
of this magnet effect are included in the funding, it limits what the schools
are able to do to provide all the other services necessary; that special educa-
tion needs have risen tremendously and continue to rise each year, and anything
that can be done to help increase funding, especially when things are mandated,
will be very much appreciated.
Mrs. Coleman expressed her appreciation for the opportunity to meet and
share matters of concern. She said one frustration of the School Board is with
mandated programs which have time limits specified and provide if the program is
not accomplished by that specified time, the state has the privilege of stepping
in and dissolving the Board and taking over. She referred specifically to the
1988 Elementary Guidance Service program in this regard.
Mr. Bartol commended the City Attorney on the program. He referred to
the magnet effect and said in his opinion the special education program has gone
beyond comprehension. He expressed the wish that some statistical studies could
be done with regard to the matter to really show how much this need has
increased, and stated he thinks the City has been outstanding in caring for
these people.
Dr. Tota referred to the effect of economic development in relationship
with the City schools, noting that approximately 60% of the college graduates
never return to work in Virginia; and that hopefully programs such as the
Governor's Schools will entice much of that intelligence to return to Virginia
to build their homes and careers. He said the basic educational program is
funded by local government and he thinks a fine job has been done in the past
few years making sure our children's needs have been met; that the extended
programs have the support of state governmental officials, and this is a good
balance. He also stressed the importance of the magnet effect, advising that
while the local/state balance has been helpful in the past, the needs have grown
dramatically; that while the City itself may not have changed in terms of popu-
lation or income, school children are coming primarily from poorer homes; and
that there has been a 15% to 50% increase over the last three years of children
coming from poverty level homes. He questioned if there might not be other
small or medium size cities which are in a change process which may be very
similar to a Norfolk or a Richmond ten or twenty years ago; that as the middle
class population become concerned about the changing schools becoming more
minority, the people move out to more suburban areas; that a declining
enrollment worsens the situation and the City is left primarily with people with
very special needs; and that ten years from now Roanoke may be like a Norfolk or
Richmond where a lot of the population has moved out or use private schools. He
suggested perhaps there could be some type of funding which recognizes schools
in transition; that he thinks Roanoke is in that transition stage now; and that
while it is not at a crisis stage yet, it would not be premature to look at this
now rather than waiting.
Mr. Bowers emphasized the importance of the magnet effect on the City.
He said the City has always done its share and more in social and humanitarian
services, and he thinks it is incumbent upon surrounding localities and the
state not only to see that we are doing our share, but also getting financial
help in providing these services to the needy. Ne stated Council is supportive
of the School Board's request for full funding of the standards of quality,
noting he was shocked to learn the City is now going to be required to provide
100% of the funding for the Governor's School. He said the City would like to
have consideration on the reimbursement formula for the City Nursing Home. He
noted that the overcrowding of the City Jail is very important and some long-
term solutions are needed. He advised that building the new Airport terminal is
very important, and althouyh there are many demands, in his opinion the leading
priority is building that new terminal, and the City needs help in getting state
798
funding for that. He noted in the next several months the City is facing the
reality of reassessments, a federal budget squeeze, a sluggish economy that is
limiting the income in sales taxes, but all the needs and demands have to be put
together and a balanced budget has to be devised for the City and the schools.
He expressed his commendation with the team effort that has been shown.
Mrs. Bowles expressed appreciation to the City Attorney for his leader-
ship ability in expressing the City's needs to the legislators. She noted as
the City faces federal budget cuts, it behooves the School Board, Council and
the legislators to work even closer than ever before to meet the needs of the
citizens. She expressed appreciation to the legislators for being present.
Mr. Harvey advised that he has had the opportunity to visit a shelter
for the homeless in the City, and challenged anyone present to do the same,
because until you go you cannot see the real need; a-d that as important as
funding for shelter is, it is still only a temporary solution. He said one
reason for conflict between the Council and the School Board is funding, noting
that the current national administration has chosen to balance the budget
largely at the expense of the cities; that in his opinion Roanoke can not con-
tinue to go to its constituents and ask them to pay for things that are state or
federally mandated, because it is not only fiscally impossible, it is morally
wrong; that approximately one-half of our local budget goes for public educa-
tion, and about 90% of the school budget is fixed costs; that this makes it very
hard to deal with new programs; and that it puts pressure on him as an indivi-
dual Council member to make sure allocated monies are being spent in the right
way, and this in itself can cause conflict. He expressed concern over whether
or not the proposed Governor's School for the Arts ,might wind up having to be
fully funded locally, and advised that the City just can not do it. He thanked
the legislators for coming and sharing.
Mr. Musser expressed his concurrence with what has been said regarding
the magnet effect and paying for mandated programs. He said he is pleased to
see the magnet effect included in the program this year; that the City can not
pay for what it has when it has to spend for something that is not just a
problem of the City, but exists because the city is a core city; and that this
affects everything else the City has to do within its budget. He agreed that
the City will not be able to fully pay for more mandated programs.
Mr. Garland expressed his appreciation to the legislators for their
efforts on behalf of the City. He said he understood that there are limits on
what the legislators and the City can do, because there is only so much money to
go around. He stated that he and Mr. Bowers had attended a briefing on the new
Airport terminal and he had voiced his concerns to the consultants that they
stay within the budget; and that he had read there was some question about state
funding for the airport. He inquired if there was any current information
available on what the City could expect; whereupon, Delegate Woodrum advised
that the Office of the Secretary of Transportation and Public Safety had advised
him they are tentatively considering now that the City can expect over the next
three years between $5.4 million and $6.2 million. Mr. Garland noted that the
Airport project will be in the neighborhood of $22 million, and in his opinion
it is of the highest priority; and that the City will be depending upon the
state for that money.
Mr. Herbert stated that the City is only eligible for an amount between
the $5.4 and $6.2 million, and this is all it has ever asked for, just to be
considered; that the City is going to need the help of everyone present, plus
the business com~nunity and the state elected officials from all of western
Virginia, to lobby on our behalf when the application is made. He said he knew
the City's representatives would do everything within their power to assist in
realizing the City's goals.
Mayor Taylor expressed his appreciation to the legislators for their
presence, for the spirit of cooperation, and for the chance to meet and share
common concerns. He agreed with the importance of trying to get all the funds
possible for educational purposes and to meet human needs. He noted that the
City will not be the progressive rapidly developing area that it can be, nor
will southwestern Virginia, without a new airport terminal building, advising
that the question is not if the terminal will be built but how the funding
package will be put together to accomplish it. He stressed the importance of
good first impressions upon the traveling business community and how this
influences growth for the City.
799
There being no further business, the Mayor declared the special meting
adjourned at 5:00 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
m
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 22, 1986
2:00 p.m.
01
m
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 22, 1986, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~'979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor ................................................................ 7.
ABSENT: None ........................................................ O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wi]burn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James D. Smith,
Rector, St. James Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PURCHASE/SALE OF PROPERTY: Council having adopted Ordinance No. 28478
on December 8, 1986, accepting the donation of the former bakery of The Kroger
Co. located on Norfolk Avenue at 5th Street, S. W., Mr. Edwin A. Sieveking, Vice
President of The Kroger Co., appeared before Council and presented the Mayor
with the deed to the property.
On behalf of the City eF Roanoke, the Mayor expressed appreciation to
The Kroger Co. for its generous donation.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one n~tion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter of acquisition of real property for
public purpose.
ZONING: A report of qualification of Glynn D. Barranger as a
member of the Board of Zoning Appeals for a term of three years ending
December 31, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ -7.
NAYS: None ........
.0.
INDUSTRIES: A report of qualification of W. Bolling Izard as a
Director of the Industrial Development Authority for a term of four
years ending October 20, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
02
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
fo)lowing vote:
AYES: Counci) members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ...............................
PLANNING: A report of qualification of Pau) C. Buford, Jr., as a
member of the City Planning Commission for a term of four years ending
December 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................................... 7.
NAYS: None ............................................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Vir§inia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the roi)owing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ...... 7.
NAYS: None .....
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to acquisition of real property
for public purpose, pursuant to Section 2.1-344 (al (6), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
acquisition of real property for public purpose, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... -7.
NAYS: None ................
.0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $8,405.00 for equipment and
$35,140.00 for building improvements as follows, was before the body.
Project
Install security fence
Install security fence
Install concrete ramps
for handicapped
Install partition for
kindergarten classroom
install sink faucets and
water in Special Education
classroom
School
Northwest
Forest Park
William Ruffner (3)
Preston Park (1)
Northwest (1)
Morni ngsi de
Westside
Cost
$ 2,354.00
2,968.00
2,680.00*
2,937.00
281.12
02
Widen roadway in front of
Governor's School/Patrick
Henry for bus traffic
Patrick Henry
12,700.00'
Install security lights at
selected locations
Install step railings,
basketball goals and
traffic retaining poles
Fairview
Hurt Park
William Fleming
5,000.00
Oakland 618.40
Purchase commercial washer
and dryer
William Fleming
8,405.00
Install carpet in bandroom
William Fleming
5,323.00*
Install electrical heating
in bandroom
William Fleming
278.26
TOTAL $43,544.78
*Contracted to minority firms
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School Board
was allocated $601,374.00 as its share of fiscal year 1986 CMERP funds;
and Council appropriated $392,97/.00 of those funds on November 10,
1986, for building modernization and roof renovation, was before the
body.
Mr. Schlanger explained that if the request is approved, the
School Board will have a balance of $164,825.00 of unappropriated CMERP
funds; and recommended Council's adoption of a budget ordinance pre-
viously transmitted.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#2848/) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 54.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None ............ O.
04
ACTION:
ACTION:
REPORTS OF OFFICERS:
CiTY MANAGER: NONE.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of November, 1986.
(For full text, see financial report on file in the City Clerk's
Office.)
Mrs. Bowles moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of
the Audit Committee, presented minutes of a meeting held on Monday,
December 15, 1986, advising that the committee reviewed, received and
filed the following June 30, 1986, Audit Reports from the Municipal
Auditor.
Roanoke City Public School Activity Funds
Capital Assets System Internal Controls
Warehouse Inventory System Internal Controls
It was also advised that the committee reviewed, received and
filed the June 30, 1986, Audit Reports from Peat Marwick:
Accountant's Report for the Employees' Retirement
System,
Evaluation of the Municipal Audit Department,
Comparative Cost Report Opinion,
Single Audit Report for Federal Grants,
Management Letter and Comments from the City Mana-
ger and the Director of Finance.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes of the Audit Committee be
received and filed. The motion was seconded by Mr. Trout and unani-
mously adopted.
TRAFFIC: Council member Robert A. Garland, Chairman of a commit-
tee appointed by the Mayor to tabulate bids received for installation
of certain underground traffic signal work, presented a written report
on behalf of the committee, recommending that the City Manager be
authorized to enter into a contractual agreement with New River Elec-
trical Corporation, in the amount of $28,468.00, and 45 consecutive
calendar days construction time, for installation of certain under-
ground traffic signal work; that Council establish a contingency amount
of $2,800.00, for a project total of $31,268.00 in Account No. 008-052-
9580-9065; and reject all other bids.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
05
(#28488) AN ORDINANCE accepting tile bid of New River Electrical
Corporation for construction of underground traffic signal work, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 54.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None-- O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
m
ACT[ON:
CITY PROPERTY-SEWERS AND STORM DRAINS: Ordinance No. 28482 pro-
viding for the City's gift to the Northwest Neighborhood Environmental
Organization of the house located at 917 Shadeland Avenue, N. W., upon
certain terms and conditions, having previously been before the Council
for its first reading on Monday, December 15, 1986, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
(#28482) AN ORDINANCE providing for the City's gift to the North-
west Neighborhood Environmental Organization of the house located at
917 Shadeland Avenue, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 53.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- · ..... 7.
NAYS: None ...................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE. o
OTHER HEARINGS OF CITIZENS: NONE.
At 2:15 p.m., the Mayor dec]ared the meeting in recess.
At 2:35 p.m., the meetin9 reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of Stuart A. Trinkle, and called for nomina-
tions to fill the vacancy.
ACTION:
Mr. Musser placed in nomination the name of Barbara N. Duerk.
There being .no further nominations, M~.,\l)IJbrkl w~s ,eleob~d as.a
member of the Roanoke Neighborhood Partnership Steering Committee for
a term ending November 8, 1989, by the following vote:
FOR MS. DUERK: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ --7.
06
SALE/PURCHASE OF PROPERTY-AIRPORT: The City Manager submitted a
written report advising that the City has acquired several properties
on Dent Road, N. W., in Roanoke County, in conjunction with the exten-
sion of Runway 5-22 at Roanoke Regional Airport, Woodrum Field; that
the properties were acquired in conjunction with the Runway 23 exten-
sion project; and vacant property directly o1~ the extended centerline
of the runway, on the northerly side of L)ent Road, is elevated by the
terrain to within about 75 feet of the elevation of the runway and
development of such property would be undesirable.
It was explained that Charles H. Burton, owner of the single
remaining vacant tract north of and fronting on Dent Road, N. W., has
offered to sell the tract of land to the City for $79,500.00; that this
price approximates the fair market value established by an appraisal
prepared for the City in 1985; and elimination of future development of
the tract through acquisition by the City is recommended.
The City Manager recommended that Council authorize acquisition of
a 9.12 acre tract of land from Charles H. Burton, and appropriate
$80,000.00 therefor.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28489) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 55.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ................ 7.
NAYS: None ...................
Mr. Garland offered the following emergency Ordinance:
(#28490) AN ORDINANCE authorizing the acquisition by the City of
a certain 9.12 acre parcel located in Roanoke County, upon certain
terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 56.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor-- 7.
NAYS: None .......... O.
There being no further business, the Mayor declared the meeting
adjourned at 2:40 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 5, 1987
/:30 p.m.
07
The Council of the City of Roanoke met in regular meeting in the
Raleigh Court Elementary School Gymtorium, 2202 Grandin Road, S. W., City of
Roanoke, on Monday, January 5, 1987, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, R_~ular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke '(-~-as amended, and pursuant to
Resoi-~-~n No. 28418, adopted by the Council on Monday, November 3, 1986.
PRESENT: Council members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, James G. Harvey, II, and Mayor Noel C. Taylor ......... 6.
ABSENT: Council member Elizabeth T. Bowles .......................... 1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wi)burn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend James Reynolds,
Pastor, Raleigh Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
DIRECTOR OF FINANCE: Mr. Joel M. Schlanger, Director of Finance,
introduced Ms. Charlotte Atner, a Junior at the University of Virginia, who is
interning in his office during the week of January 12, 1987. He advised that
Ms. Atner is a student at the MacIntire School of Finance at U. Va.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a matter of acquisition of
real property for public purpose; and a personnel matter.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter of acquisition of real property for public
purpose, pursuant to Section 2.1-344 {al {2), Code of Virginia {1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter of acquisi-
tion of real property for public purpose, pursuant to Section 2.1-344
{al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ......... 6.
NAYS: None .................
(Council member Bowles was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
December 22, 1986, was before Council.
(See pending list on file in the City Clerk's Office.)
08
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the followin§ vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ......................................................... 6.
NAYS: None .....................................
(Council member Bowles was absent.)
HOUSING: A report of qua)ification of Maury L. Strauss as a
member of the City of Roanoke Redevelopment and Housing Authority Board
of Commissioners for a term ending August 31, 1990, was before Counci).
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ....... 6.
NAYS: None .................
(Council member Bowles was absent.)
PLANttING: A report of qualification of Charles A. Price as a
member of the City Planning Commission for a term of four years ending
December 31, lggo, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None ..............
(Council member Bowles was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Gar)and
and adopted by the fo)lowing vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None ............
O.
(Council member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
ACTION:
BUDGET-REGIONAL PARTNERSHIP OF ROANOKE VALLEY: Mr. W. S. Board,
Secretary, Regional Partnership of Roanoke Valley, appeared before
Council and advised that the Partnership will have completed its fourth
year of operation in June 1987; that much has been accomplished since
the incorporation of the Partnership in December of 1983 and, needless
to say, the Partnership believes that it has proven its worth in
marketing the Roanoke Valley of Virginia on behalf of the public and
private sectors.
It was explained that the Partnership's marketing committee (with
representation from each of the member governments), in coordination
with the staff and executive co~nittee, has been able to administra-
tively increase the advertising portion of the budget from $40,000.00
to $50,000.00 per year without an increase in revenue; that their
advertising and marketing efforts have greatly increased the number of
inquiries coming to the Partnership since the initial efforts, but in
order to effectively compete against other Virginia economic develop-
ment efforts, and those outside Virginia, more financial assistance is
needed to cover marketing and increased administrative costs.
Mr. Board advised that the Businessmen's Committee has recognized
the need to further underwrite the Partnership's efforts and has
increased the private sector's goal from $450,000.00 for the first
three years to $600,000.00 for the next three years.
On behalf of the Partnership, Mr. Board respectfully requested
that the member governments increase their share from $.50 per capita
to $.55 per capita, and include this increase in their budget studies
which are in process, advising that this would generate an additional
amount of money from the public sector.
(See communication on file in the City Clerk's Office.)
Mr. Trout moved that the request be referred to 1987-88 budget
study. The motion was seconded by Mr. Garland and adopted.
REPnRTS OF OFFICERS:
CITY f, tANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-LEGISLATION: The City Manager submitted a
written report advising that 1972 Public Law 92-500 was the original
modern law which allowed and committed the Federal Government to parti-
cipate by grant to pay approximately 75~ of the expansion of the Roa-
noke Sewage Treatment Plant, and that expansion went into operation in
1976; that subsequent amendments occurred to the Clean Water Act over
the years, but there has always been reauthorization of Federal funds;
and President Reagan vetoed the reauthorization bill for the Clean
Water Act on November 6, 1986.
It was explained that the Commonwealth of Virginia, which partici-
pated at approximately fifteen per cent of the cost of the City's
Sewage Treatment Plant expansion, has, in effect, been scaling the
State's participation for sewage works down from a grant program to a
revolving loan program; that the preliminary twenty year Sewage Treat-
ment works facilities plan developed for the City calls for an expen-
diture of $31,200,000.00 to meet the Valley's sewage treatment and
major interceptor needs (within the City limits) through the year 2005;
and sewage works have historically included treatment facilities and
major interceptors in order to insure that raw sewage is transported to
and given an agreed standard of treatment as these standards are man-
dated by the State and Federal Governments.
The City Manager advised that the reauthorization bill passed by
Congress but vetoed by the President would have continued federal
funding for capital facilities needed for federally mandated levels of
treatmmnt and for sewer interceptors that are needed to prevent health
concerns due to raw sewage overflo~ and would have amended certain
requirements for storm drain discharge permits; and storm drain dis-
charge permits are a potential requirement under existing federal regu-
lations which, if implemented, could have serious financial impact on
all local governments.
09
10
ACTION:
ACTION:
It was pointed out that mandated requirements for sewage treatment
as originally set forth in PL 92-500, with some amendments, are still
in effect; that storm drain monitoring and, potentially permitting
requirements, are still in effect; that federal funding reauthorization
and amendment to the storm drain permitting requirements are needed;
and a letter of support has been requested from the City, via a letter
to Mayor Taylor, by the National League of Cities urging the lOOth
Congress to reapprove the reauthorization bill, send it to the Presi-
dent and, if necessary, vote to override the President's veto.
The City Manager recommended that Council adopt a resolution in
support of the reauthorization of the Clean Wa~er Act Appropriation and
Amendments, as approved by the 99th Congress, and request the support
of our elected federal representatives in the lOOth Congress, and send
copies of the measure to the Honorable John W. Warner, the Honorable
Paul S. Trible, Jr., and the Honorable James R. Olin, with copies also
to the City's elected state representatives and Mr. Richard N. Burton,
Executive Director of the State Water Control Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28491) A RESOLUTION urging prompt reauthorization of the Clean
Water Act by the lOOth Congress.
(For full text of Resolution, see Resolution Book No. 50, page 56.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ . ..... 6.
NAYS: None .......
(Council member Bowles was absent.)
BUDGET-AIRPORT: The City Manager submitted a written report
advising that Council authorized the City Manager by Ordinance No.
28173 to execute Grant Agreements made by the FAA and the Virginia
Department of Aviation related to the terminal building development;
that a grant agreement has been executed with the FAA, in the amount of
$!,902,006.00; that the grant agreement has been executed with the
Virginia Department of Aviation, in the amount of $114,500.00; and FAA
and State grants need to be appropriated.
The City Manager reco~ended that Council appropriate FAA Grant
AIP 3-51-0045-06, in the amount of $1,902,006.00 and State Grant
T-0045-06, in the amount of $114,500.00, to the Airport Terminal Build-
ing Additions/Alterations Account No. 004-056-8556-9003; that Council
deappropriate bond funds of $515,878.00 back to the Airport Expansion
Account No. 004-056-8448 of the previously appropriated $1,094,883.37,
leaving the City's n~tching share of the grant at $579,005.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28492) AN ORDINANCE to amend and reordain certain sections of
the 1986-8/ Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 57.)
Mr. Garland ~ved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ....... 6.
NAYS: None ............
(Council member Bowles was absent.)
11
ACT[OM:
T[ON HOMES' The City Manager submitted a
DGET-JUVENILE DETEN . - ' -. - ke has previou.sly
_.~?U_ ...... ~ ~ visinQ that 1~he C~.ty of .Roano~ ,,.~ ed States
received funds, ~n a ,-u,,,,~- ....... ouch the Virginia Departm?~ u-
D p tment of Agriculture_ (U~DA), .t~r _~ . ....~ f-r he Crisis inter-
C~r~ctions, to. purease.,~°q~,.,~]~C~r~'~"~ou~ 6out" Haven), and
vention Center (Sanctuary), uu~: ......
Juvenile Detention Home.
[t was explained that USDA funds for the first and second quarters
of fiscal year 1986-87 have been received by the City for the facili-
ties, as follows:
Crisis Intervention Center -
Juvenile Probation House -
Juvenile Detention ttome -
Total
$ 2,712.30
2,037.83
4,462.32
$ 9,212.45
The City Manager recommended that Council appropriate the USDA
funds to the Crisis intervention Center, Juvenile Probation House, and
Juvenile Detention Home, as follows:
Crisis Intervention Center - Revenue 001-020-1234-
0661 - USDA - Crisis Intervention $2,712.30 to
Account No. 001-054-3360-3000.
Juvenile Probation House - Revenue 001-020-1234-
0662 - USDA - Youth Haven $2,037.83 %o Account No.
001-054-3350-3000-
Juvenile Detention Home - Revenue 001-020-1234-
0660 - USDA - Juvenile Detention $4,462.32 to
Account No. 001-054-3320-3000-
Total Revenue and Appropriations: $9,212.45
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28493) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 58.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ _ .......... O.
NAYS: None-
(Council member Bowles was absent.)
JAIL: The City Manager submitted a written report in connection
with Change Order No. I to the contract with Thor, inc., for completion
of the fourth pod at the Roanoke City Jail, advising that the construc-
tion contract amount is $712,800.00, and completion date of the project
: nd the contractor has encountered several items
is March 14, 1987. _a ..... ,A..f the contract that vary from the
during the course ot ~ne execu~u- ~
requirements of the contract documents which need to be approved.
The City Manager recommended that Council authorize issuance of
Change Order No. I to the contract with Thor, Inc., in the amount of
$8,992.00 and zero calendar days construction time, advising that the
project completion date would still rmnain March 14, 1987, and the
total contract amount will be $721,792.00.
(For full text, see report on file in the City Clerk's Office.)
12
ACT[ON:
Mr. Bowers offered the following emergency Ordinance:
(#28494) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Thor, Incorporated, for
construction of pod additions at the Roanoke City Jai! facility; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 59.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ......................................................... 6.
NAYS: None--
(Council member Bowles was absent.)
DIRECTOR OF FINANCE:
AUDITS: The Director of Finance presented the Comprehensive
Annual Financial Report for the year ended June 30, 1986.
(For full text, see report on file in the City Clerk's Office.)
REPORTS OF COMMITTEES:
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for con-
struction of a Roanoke - Salem interconnect booster pumping station,
presented a written report on behalf of the committee, reco~ending
that Council award a lump sum contract to Breakell, Inc., in the amount
of $187,700.00 and establish a five per cent contingency, in the amount
of $9,385.00, in a form acceptable to the City Attorney; and that the
Director of Finance be authorized to appropriate the following amounts
to the existing Salem Interconnect Pump Station Account No. 002-056-
8346-9003:
Existing Salem Interconnect PS
Account No. 002-056-8346-9003 .......... $ 116,350.00
From Water Fund Previous Years'
Retained Earnings (appropriated) .......
80,735.00
Total $ 197,085.00
Total includes $187,700.00 for contract amount and
$9,385.00 for the contingency.
Reject other bids received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28495) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 60.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor- 6.
NAYS: None ......
(Council member Bowles was absent.)
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28496) AN ORDINANCE accepting the bid of Breakell, Inc., for
construction of a Roanoke - Salem interconnect booster pumping station,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids I~de to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 60.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ......................................................... 6.
NAYS: None ..................................................... O.
(Council member Bowles was absent.)
FIRE DEPARTMENT: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for a fire
suppression system to be installed in the Computer Room in Municipal
North, presented a written report on behalf of the committee recom-
mending that Council reject the bids and not award a contract at this
time, advising that compliance of the bidders with the requirements of
.the contract documents was not met and at least one exception to the
contract requirements was listed on each Bid Form. It was pointed out
that the City Engineer's Office will revise the contract documents and
readvertise the project as soon as possible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28497) A RESOLUTION rejecting all bids for a fire suppression
system to be installed in the Computer Room in Municipal North.
(For full text of Resolution, see Resolution Book No. 50, page 61.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ............ 6.
NAYS: None ..... O.
(Council member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BRIDGES: Council member Harvey requested a status report as to
the time frame for reopening the Walnut Street Bridge; whereupon, the
Director of Public Works advised that he would like to provide Council
with a more definitive response on the following day after he has
investigated the matter in greater detail. He said the previously
announced date of January 8 for reopening will not be met, noting that
not long after the project commenced a change order was brought to
Council for additional work which was required after the old deck was
uncovered.
Mr. Harvey requested that a public announcement be made of the
anticipated reopening date, and Mr. Clark advised that he would respond
accordingly and have a sign posted at the bridge to reflect that infor-
mation.
13
14
OTHER HEARINGS OF CITIZENS:
CITY GOVERNMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Danielle
Rand, 35/1Mudl~ck Road, S. W., President of a newly formed neighbor-
hood organization known as the Greater Deyerle Neighborhood Associa-
tion, appeared before Counci! and noted concerns of the group. She
said the residents in her area are concerned about Peters Creek Road
extension traveling from northwest into Lee Highway; that is the only
area of the City that touches Route 419, this area has been called the
corridor to Route 419 and this section of the City could easily turn
into an alley before anyone knows what is happening. She stated that
the residents are concerned with rezonings in their area and this con-
cern represents one of the reasons the organization was formed inasmuch
as property owners were continually appearing before the City Planning
Commission to oppose rezonings. Ms. Rand asked that the Greater
Deyerle Neighborhood Association be recognized and its concerns noted
in the future.
At 8:00 p.m., the Mayor declared the meeting in recess.
At 8:30 p.m., the meeting reconvened in the Gymtorium of the
Raleigh Court Elementary School, with Mayor Taylor presiding, and all
members of the Council in attendance, with the exception of Council
member Bowles.
SALE/PURCHASE OF PROPERTY-AIRPORT: The City Manager submitted a
written report advising that a Federal Aviation Administration Grant
was executed by the City on September 26, 1985, and consisted of the
following items:
Acquire and relocate Barn Dinner Theatre.
Acquire portion of Holland tract (Bradshaw) approx-
imately 16 acres. This land is within the 40 Noise
Exposure Forecast (NEF) Contour on the last Air-
port Noise Study. 2.13 acres of the 16 acres is
also needed for navigational aid purpose.
Soundproof seventeen residences.
It was explained that the Barn Dinner Theatre has been acquired;
that soundproofing is completed; that the Holland tract (Bradshaw)
negotiations have been under way for over a year with no success; and
City policy has been to make an offer based on fair market value for
vacant land within the 40 NEF Contour but not proceed to condemnation
if the owner does not wish to sell at the City's offer to purchase.
The City Manager advised that acquisition of the 2.13 acre tract
is necessary since City ownership of that portion of the 16 acres is
absolutely required in order to control an area essential for proper
functioning of the Airport Localizer Directional Aid (LDA) Navigational
Aid.
The City Manager recommended that Council authorize the City
Attorney to proceed with condemnation of 2.13 acres of the 16 acre Hol-
land tract (Bradshaw) if the owners continue to refuse to sell.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28498) AN ORDINANCE providing for the acquisition of real
estate needed by the City in conjunction with the Airport navigational
aid system; authorizing the City Manager to negotiate with the owners
for purchase of the real estate; providing for the City's acquisition
of such real estate by condemnation, under certain circumstances;
directing the mai]ing of this ordinance to the property owners; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 61.)
ACT[ON:
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey Musser, Trout, Bowers, Garland and
Mayor Taylor ..................
NAYS: None-
(Council member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 8:35 p.m.
A P P R 0 V E D
ATTEST
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 12, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Honday, January 12, 1987, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council ~mbers James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II and Vice-M&yot .Howard ~
Musser .............. '.
ABSENT: Mayor Noel C. Taylor ....... -1.
OFFICERS PRESENT: Hr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms Mary F Parker
City Clerk. ' · ,
The meeting was opened with a prayer by The Reverend Harold C Lewis,
Pastor, Villa Heights Baptist Church. '
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Husser.
BID OPENINGS:
ACTION:
SIDEWALK, CURB AND GUTTER: Pursuant to notice of advertisement
for bids for new concrete sidewalks, entrances, curb and gutter, said
proposals to be received by the City Clerk until 4:30 p.m., on Monday,
January 12, 1987, and to be held, opened and read before the Council at
7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
H & S Construction Company
John A. Hall & Company Inc.
L. H. Sawyer Paving Company, Inc.
BASE BID
$320,055.00
351,729.50
368,185.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Kit B. Kiser as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, January 12, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of D. L.
Mountcastle, Sr., Mildred M. Mountcastle and Reid Jones, Jr., that
alleys in Blocks 14 and 15, Roanoke Land and Improvement Company -
Tayloe Map, more specifically described as a certain 12 foot wide alley
extending in a westerly direction from 11th Street, S. E., for a
distance of 260 feet to its point of intersection with 10 1/2 Street,
S. E.; and a certain alley extending from the center of the aforemen-
tioned 12 foot alley, being approximately 10 feet in width and
extending in a northerly direction for a distance of approximately 400
feet to its termination at a juncture with an existing 12 foot alley,
be permanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of The Roanoke Times and World-News on Friday,
December 26, 1986, and Friday, January 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reco~ending that the
request be approved, subject to adequate easement being retained for
future service and repair of the City's existing sewer facilities, was
before Council.
17
The Planning Commission's recommendation was based
following conclusions:
"Alley systems are situated on steep, sloping and
erosive terrain. They are currently in very poor
condition and represent a liability to the City as
a public right-of-way.
Alleys show little evidence of use.
City has no plans to improve or to utilize this
alley system as a secondary means of access for
abutting property owners or for public use.
Adjacent property owners could utilize the land
within the alley right-of-way in a more efficient
manner.
The City is not legally required to provide,
upgrade and maintain alley systems as a 'secondary
means of access' to abutting residential property
owners. The City's current subdivision regulations
prohibit the creation of alleys within new residen-
tial subdivisions.
City should not allow certain portions of this
alley system Lo remain open in their current con-
dition of deterioration."
upon the
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28499) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 67.)
The motion was seconded by Mr. Trout.
Mr. Frank K. Saunders, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 28499 was adopted on its first reading by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ....... ----6.
NAYS: None .......
-0.
(Mayor Taylor was absent.)
18
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Counci!
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, January 12, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of TRUST, The
Roanoke Valley Trouble Center, Inc., that a certain tract of land con-
taining .527 acre, more or less, located at 3515 Birchwood Street,
N.E., designated as Official Tax No. 3170401, be rezoned from RD,
Duplex Residential District, to RG-1, General Residential District,
subject to certain proffered conditions, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of The Roanoke Times and World-News on Friday,
December 26, 1986, and Friday, January 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Commission held public hearings on the rezoning request on December 3,
1986, and December 17, 1986; that on December 12, the Commission voted
3-3 to deny the request; and the Commission's by-laws provide that "in
the event of a tie vote, it is to be construed as a denial of the
requested action," was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 317, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within tile City, sub-
ject to certain conditions proffered by the applicant."
The motion was seconded by Mr. Garland.
A report of the City Attorney advising that petitions have been
filed with the City by citizens of the City opposed to the rezoning;
that sufficient signatures have been set out in the petitions to invoke
the provisions of §62{5) of the Roanoke City Charter, which provides
with reference to amendments to the City's Zoning Map, in pertinent
part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. 'In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
or of those immediately adjacent in the rear
thereof, or of those directly opposite thereto,
such amendment shall not become effective except by
the favorable vote of five-sevenths of all the mem-
bers of the Council."
It was explained that there are seven lots adjacent to the one
proposed to be rezoned, and according to City records, the owners of
these lots are as follows:
Harlan S. and Cecelia F. Cato
3509 Birchwood Avenue, N. E.
Andrew T. and Sallie W. Perdue
3516 Birchwood Avenue, N. E.
Carson D. and Carol M. Wray
3034 Oakland Boulevard, N. W.
Trustees, Williamson Road
Masonic Lodge #163
3105 Pioneer Road, N. W.
Off. Tax No. 3170402
Off. Tax No. 3170110
Off. Tax No. 2090112
Off. Tax No. 2090118
Lorah D. and Annie Lee R. Fox, Jr.
3111 Oakland Boulevard, N.E. Off. Tax No. 3170430
Earcelle W. and Annie T. Sink
3440 Princeton Circle, N. E.
Off. Tax No. 3170407
Wesley G. and Lucy A. RoberLson
3436 Princeton Circle, N.E. Off. Tax No. 3170406
19
ACTION:
It was further explained that Harlan S. and Cecelia F. Cato (who
own property to the rear of the subject property) and Carson D. and
Carol M. Wray (who own property across from the subject property) have
signed the protest petition, thus invoking the requirement that five-
sevenths of all of the members of Council vote in favor of the
rezoning in order for iL to be approved.
(For full text, see report on file in the City Clerk's Office.)
The Vice-Mayor advised that the City Planning Commission referred
its recommendation to Council on a 3 - 3 tie vote and explained that
in this particular case there were six members in attendance; that at
the time the vote was taken no one knew it would be a tie vote; and the
attorney for the City Planning Commission ruled that inasmuch as the
Planning Commission acts in an advisory capacity, once the vote was
taken, it had to be referred to City Council.
The Vice-Mayor further advised that nine persons had registered to
speak; whereupon, Mr. Trout moved that each speaker be allotted a maxi-
mum of five minutes each to make his or her presentation. The motion
was seconded by Mr. Bowers and adopted.
Mr. Richard W. Long, 2522 Ravenwood Avenue, N. W., appeared before
Council and presented communications from Ms. Ruth Russell, 3030
Oakland Boulevard, N. W.; Mr. L. H. Cale, 3201 Oakland Boulevard,
N. W., Mr. and Mrs. Carson D. Wray, 3034 Oakland Boulevard, N. W.; and
Mr. and Mrs. Richard W. Long, property owners at 3515 and 3519
Williamson Road and 3015 and 3019 Oakland Boulevard, N. W., all
expressing opposition to the request for rezoning.
(For full text, see communications on file in the City Clerk's Office.)
Mrs. Audrey M. Wheaton, 1202 Mercer Avenue, N. W., appeared before
Council and advised that she is employed by the YWCA of the Roanoke
Valley as Membership and Advocacy Services Director; that the YWCA is
concerned about the homeless, noting that the YWCA has a few rooms in
its residence to house women but there is no provision for keeping
children; and their rooms stay full with a waiting list and many of the
applicants are referred to TRUST. She said a recent study has shown
that there is a real need for more housing for women in the Roanoke
Valley, and TRUST helps fill the need for temporary housing. Mrs.
Wheaton said we must not turn our backs on those who are less fortunate
and it is our civic and moral duty to help the poor and oppressed. She
asked that Council approve the request of TRUST to rezone the property
at 3515 Birchwood Street, N. E.
Ms. Jan Webb, 3433 Frontier Road, N. W., appeared before Council
and advised that she has been a TRUST volunteer for more than eight
years; and in the eight years she has worked at TRUST there has been
one occasion when the police had to be called. She said she has been
surprised at the fears and anxiety that have been expressed by the
neighbors and stated that TRUST offers to the community an excellent 24
hour per day counselling service, 365 days a year.
Ms. Susan R. Dodd, Director of the Salvation Army Battered Womens
Shelter, appeared before Council and advised that TRUST has made an
exhaustive search for their new facility with a minimal budget and they
are going to lose the facility in a matter of days if some action is
not taken by Council. She requested that Council approve the request
for rezoning and make a statement that the Roanoke Valley cares for the
homeless and those citizens with problems.
20
Mr. Daniel R. Clow, Executive Director of TRUST, appeared before
Council and advised of the support of The Reverend George K. Bowers of
the work of TRUST. He stated that Reverend Bowers has served as Pastor
of St. Mark's Lutheran Church for 22 years and serves as a member of
various youth related organizations.
Mr. Clow advised that TRUST works for the populace of the City of
Roanoke. He said the people who come to TRUST pose no threat to the
community. He noted that in this property they will continue to work
on behalf of the City without interruption, but without the property,
TRUST's ability to maintain its effective services is in doubt. He said
they have been responsible to their charter, to the neighborhood and to
the city but most importantly they have been responsive to those who
hurt. He requested that TRUST be allowed to continue its work by
granting the request for rezoning.
The Reverend John B. Hartman, Co-President of Westend Center,
Inc., and Pastor of Westend Presbyterian Church, appeared before
Council and advised that he understands Council cares deeply about the
homeless, the hurting and the troubled of our City. He said TRUST is a
place to reach out and help those who are non-violent who are poor and
who need shelter, and spoke in support of the request for rezoning.
The Honorable Philip Trompeter, Judge, Juvenile and Domestic
Relations District Court, appeared before Council and advised that
TRUST is a proven resource in this community where kids can look for
help. He said he works with women who have been severely abused, who
have no self-esteem and hardly any resources and most of the time those
women turn to desperate alternatives and the better solution has been
TRUST. He added that police and court personnel place kids and women
at TRUST who need help. He explained that in his two years as a judge
he has never had a case come into his courtroom which involved a crime
that either went on at TRUST or was perpetrated by someone in the
neighborhood of TRUST who went there to seek help. He said that TRUST
is a valuable proven resource run almost exclusively from private
funds.
Mr. Everette F. Jones, 3449 Princeton Circle, N. E., appeared
before Council and read a letter from Mr. Earselle W. Sink, 3440
Princeton Circle, N. E., advising that TRUST had 1252 walk-ins in 1985,
and called attention to the fact that in the next four to five years
it could have 3000 - 4000 walk-ins due to an increase in crime.
Mr. Jones read a prepared statement advising that the residents of
the neighborhood of 3515 Birchwood Avenue are opposed to the rezoning
because such encroachment would constitute the beginning of a process
of deterioration of the quality of their neighborhood. He further
stated that TRUST does not and cannot control the activities of the
clients outside the building which they occupy and this prompts the
introduction of elements which would tend to disturb the peace and
tranquility of the neighborhood. Mr. Jones further advised that the
streets and particularly the intersection of streets are inadequate to
properly handle the present volume of traffic and any appreciable
increase would create a hazardous situation as to on street parking and
to moving vehicular traffic.
Ms. Poni Bushnell, 1729 Patterson Avenue, S. W., appeared before
Council and presented a map showing the three streets adjoining
Birchwood and the residences and businesses already located thereon.
She said the City Planning Commission made a study of the area and
found it has a perfect mix to allow the zoning change; and if the
rezoning is denied, TRUST must assume that Council is saying it does
not belong in the City.
Ms. Ellen S. Weinman, Attorney, representing TRUST, and a TRUST
volunteer, appeared before Council in support of the request. She said
client contact by telephone makes up 85% of the clientele of TRUST;
that in addition to TTY referral services, which is a message service
for the deaf, an educational program is operated in an effort to give
information to teenagers about problems facing teens. She said they
also operate an emergency shelter facility out of the present location;
and they have been operating out of that facility since February 1971.
Ms. Weinman said TRUST is in need of a facility with bedrooms in
order to have emergency shelter facilities, a kitchen, full bath, and
office space. She noted that TRUST wants to stay in the Williamson
Road area because that is home to them; that the facility is run on a
24 hour - 365 days a year basis by a volunteer staff; that they need to
have nearby convenience store facilities, and they need to be on a bus
line. She explained that commercial property on Williamson Road was
out of their price range or required extensive renovation above and
beyond what they were able to afford; and the Search Com~ittee found
the house on Birchwood which would require no renovation and is a short
distance from their present facility.
Ms. Weinman advised that a neighborhood meeting was held and it
was discovered that most of the objections that are coming from the
neighborhood are based on assumptions which are not true such as;
people who come to the TRUST facility to solicit assistance are trouble
makers. She explained that people who come to TRUST are people in
trouble and there is a large distinction between people who are in
trouble and those who are trouble makers. She said the neighbors have
talked about crime problems that have been created but none of these
allegations have been documented. She explained that very little of
their counselling is involved with drug abuse as a difficulty; that
most of the calls dealing with drugs are calls for information and edu-
cation --calls from parents who want to be more informed in order to
help their teens make the right decision.
Ms. Weinman requested that Council favorably consider the rezoniny
request and consider the evidence that has been submitted. She said
TRUST would like to continue to render their services in the same area
where they have already become part of the neighborhood.
Discussion ensued by the members of Council in which comments were
made in commendation of the services provided by TRUST. It was pointed
out that Council members were concerned with maintaining the residen-
tial character of the neighborhood, and they were mindful of the fears
expressed by residents of the neighborhood.
Upon the following roll call vote, the ordinance to rezone the
property was lost by the followin9 vote:
AYES: None ........
Oe
NAYS: Council members Trout, Bowers, Bowles, Garland, Harvey,
and Vice-Mayor Musser ....... 6.
(Mayor Taylor was absent.)
At 8:50 p.m., the Vice-Mayor declared the meeting in recess.
At 9:00 p.m., the meeting reconvened in the Council Chamber, and
all members of Council were in attendance with the exception of the
Mayor.
21
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, December 8, 1986, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ...... .6.
NAYS: None .........
O®
(Mayor Taylor was absent.)
22
RADIO/TELEVISION: A communication from Mr. B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
marx of Cox Cable Roanoke's status as of December 31, 1986 was before
Council. '
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout,
and Vice-Mayor Musser ........
NAYS: None .......
(Mayor Taylor was absent.)
Bowers, Bowles, Garland, Harvey
O.
YOUTH SERVICES CITIZEN BOARD: A report of qualification of Robert
C. Morris as a member of the Youth Services Citizen Board to fill the
unexpired term of Tracey K. Parker, resigned ending May 31, 1988, was
before Council. '
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ...... .6.
NAYS: None ....... _ ...... O.
(Mayor Taylor was absent.)
ZONING: A report of qualification of Walter L. Wheaton and T. E.
Roberts as members of the Board of Zoning Appeals for terms of three
years each ending December 31, 1989, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ....... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
ACTION:
PLANNING: A report of qualification of Susan S. Goode as a member
of the City Planning Commission for a term of four years ending
December 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland Harvey and
Vice-Mayor Musser ........ '
NAYS: None ....... -0.
(Mayor Taylor was absent.)
BUILDING DEPARTMENT: A report of qualification of Mary C. Maier
as a member of the Building Maintenance Division of the City's Board of
Building Code Appeals for a term of four years ending November 10
1990, was before Council. '
22
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser- - ....... 6.
NAYS: None ...........
Oe
(Mayor Taylor was absent.)
TRAFFIC: A report of qualification of Christine J. Driscoll as a
member of the Roanoke Transportation Safety Commission to fill the
unexpired term of Janet L. D'Ignazio, resigned, ending October 31,
1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ..... 6.
NAYS: None ................
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES: A petition from The Imaging Center of Southwest Virginia,
Inc., requesting that a resolution be adopted supporting the exemption
from taxation of property located on the east side of Jefferson Street
northeast of its intersection with Marion Street, pursuant to Article
X, Section 6(al (6), of the Constitution of Virginia, was before
Council.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager,
City Attorney and Director of Finance for study, report and recommen-
dation to Council; and that a public hearing be held by Council on
Monday, January 26, 1987, at 2:00 p.m., or as soon thereafter as the
matter may be heard. The motion was seconded by Mr. Garland and
adopted.
(For full text, see petition on file in the City Clerk's Office.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AIRPORT: The City Manager submitted a written report advising
that grant applications are being submitted to the Federal Aviation
Administration (FAA) and the Virginia Department of Aviation (VDA) for
funding the new airport terminal development project, and transmitting
information showing anticipated requested funding amounts.
It was explained that initial grants have been received and
accepted by Council from the FAA for $1,902,006.00 and VDA for
$114,500.00 for the first phase of the site grading, land acquisition
and design; that preliminary plans have been received and the con-
sultant has been directed to proceed to final plans and specifications;
24
ACTION:
and Ordinance No. 28173 authorized the City Manager to execute the
grant applications for State and Federal funding for the airport ter-
minal project.
The City Manager advised that Delta and Odel) Associates are pro-
ceeding with final design of the terminal plans; that FAA entitlement
funding based on a yearly enplanement formula is approximately
$1,200,000.00 per year; that state entitlement funding under the new
Commonwealth Airport Fund, as administered by the VDA, is expected to
be approximately $445,929.00 annually; that FAA pure discretionary
funding will be requested for all eligible project costs in the amount
of $4,428,656.00, it being anticipated some advance funding will be
chargeable against future entitlement funding. It was further advised
that the Commonwealth Airport Fund is estimated to receive approxima-
tely $10.1 million annually, with maximum yearly funding to airport
sponsor at 25% or approximately $2,525,000.00; and VDA discretionary
funding will be requested for all eligible project costs, in an amount
of up to the anticipated maximum eligible cost cap of $4,905,057.00
over a three year funding period.
Mr. Herbert explained that the report is for Council's information
and no action is required and maximum funding should continue to be
sought from the FAA and VDA under a multi-year program to assure
orderly and timely completion of the terminal development.
(For full text, see report on file in the City C|erk's Office.)
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Shadeland Avenue was the site of severe flooding
and property damage in November, 1985; that Council has committed to
buying all real property on Shadeland Avenue and converting the site
into a dry basin for downstream flood control purposes, and most
properties have been acquired by the City; that structural assessment
of some of the houses indicates that some are salvageable and can be
repaired at reasonable cost (estimated at this time to be $18,000.00 -
$21,000.00 per house for comp)ere rehabilitation); that one house has
been repaired and moved to a new location; and on December 15, Council
agreed to give another house to the Northwest Neighborhood
Environmental Organization to relocate and repair.
It was explained that City staff and staff of several other agen-
cies have discussed alternatives to demolishing the houses on Shadeland
Avenue; that these discussions have yielded a plan to move some of the
houses to other locations, have them renovated, and sell them to low-
income buyers; and incentives for relocation and rehabilitation of the
houses include preservation and improvement of the City's housing
stock, enhanced homeownership opportunities for lower income families,
and redevelopment of designated Conservation Areas and Rehabilitation
Districts.
It was further explained that approval of the conditional gift of
houses to Virginia Mountain Housing (VMH), a private non-profit housing
development corporation experienced at residential development and
rehabilitation, for the proposed project must be given by City Council.
The City Manager recommended that Council authorize the gift of
any or all houses on Shadeland Avenue to Virginia Mountain Housing,
upon the following conditions:
VMH shall indicate in writing within ten days of
the effective date of the ordinance or the City's
acquisition of the property, whichever is later,
whether each house is desired;
Transfer of title of each house to VMH shall occur
within 15 days of the effective date of the ordi-
nance or the City's acquisition of the property,
whichever is later;
ACTION:
Risks of loss with respect to each house will pass
to VMH at the time of title transfer;
Houses will be conveyed to VMH in "as is" condition
with no expressed or implied warranties;
VMH will provide public liability insurance naming
the City as an additional insured from the date of
title transfer until the house is removed from City
property;
VMH will remove each house from Shadeland Avenue as
expeditiously as possible, consistent with the
intent of the overall relocation project; any house
not removed within 60 days of VMH's written
declaration of interest to take such house shall
automatically revert to City ownership, and VMH
shall have no further right, title or interest in
such house;
VMH will market each house to homebuyers in general
compliance with the Project Concept attached Lo the
report, with the understanding that modifications
may be necessary and in recognition of the risk
borne by VMH; VMH will agree to indemnify and hold
harmless the City, its officers, agents, and
employees fr~n any and all liability growing out of
the location of the house on City property, move-
ment, relocation and renovation of the house and
showing it to interested parties.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28500) AN ORDINANCE providing for the City's gift to Virginia
Mountain Housing of certain houses located on Shadeland Avenue, N. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 68.)
The motion was seconded by Mr. Harvey.
Mr. John Casper, Executive Director, Virginia Mountain Housing,
Inc., appeared before Council and advised that VMH has operated in the
Commonwealth of Virginia for approximately twelve years, having
weatherized over 4500 homes including homes in the New River Valley,
northern Virginia, eastern Virginia, and the Williamsburg and Newport
News areas; that they have rehabilitated over 450 homes and over 87
major rehabs including projects in Montgomery County and a major reha-
bilitation on the Pembrook Elementary School which was converted to 27
one bedroom apartments for the elderly. He explained with reference to
the Shadeland Avenue property, the Virginia Housing Development
Authority has offered five per cent financing which will make the
mortgage payments between $175.00 and $200.00 per month after the
houses have been renovat£d.
Concern was expressed as to the responsible party for monitoring
the project and determining that objectives of Council are met;
whereupon, the Assistant City Manager advised that the target routes
for transference of the structures is in the Gainsboro neighborhood
which is covered by two plans, the Gainsboro Comprehensive Plan, as
well as a plan that was approved by Council and developed by the
Housing Authority. He said under the logistics of the Redeveloment and
Housing Authority plan for the Gainsboro community, any lots that are
built upon will carry covenants in the deed of conveyance and the cove-
nants should be geared to the objectives of this particular program.
He said the Housing Authority will continue to monitor to insure that
the objectives contained in the covenants are met and at the same time
the program will be developed under the eye of the City's Housing
Coordinator, H. Daniel Pollock. He explained that once the structures
and land are conveyed to Virginia Mountain Housing, it becomes their
land and structures, but the City will continue its monitoring process
to insure that program objectives are met.
26
Council member Bowers, Council's liaison member to the Roanoke
Redevelopment and Housing Authority, advised that the Housing Authority
joined in approval of the concept at its meeting on Monday January 12
1987. ' '
ACTION:
Following discussion of the matter, Mr. Bowers moved that the
ordinance be amended to include the stipulation that the houses will be
relocated in the City of Roanoke only. The motion was seconded by Mr.
Harvey and adopted.
Ordinance No. 28500, as amended, was adopted on its first reading
by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .......................... 6.
NAYS: None .......
(Mayor Taylor was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Consortium
has submitted final invoices and closeouts for the following grants
from last fiscal year:
JTPA Title II-A,
Employment Services Program, and
Teen Parent Program.
It was explained that the Consortium paid and received back from
Roanoke City $12,658.00 in accrued CETA Cost Association Fees; that
the City of Roanoke is the grant recipient for Consortium funding, and
Council must appropriate all grant funding the Consortium receives.
The City Manager advised that the Consortium has received Notice
of Award Number 87-133-02 which transfers JTPA Title II-A Carry-Over
funding authority of $484,738.00 to the current fiscal year; that the
Employment Services and Teen Parent Programs' unexpended funding
authority does not carry-over to the next fiscal year; and the donated
CETA Cost Allocation Fees are needed this fiscal year to meet admi-
nistrative budget requirements.
The City Manager recommended that Council deobligate the
Consortium's net funding adjustments of $32,132.58 and decrease the
total revenue estimate by $32,132.58, as follows:
Deobligate $16,656.89 from the FY-86
Services Program (035-054-5204-9990)
the revenue estimate by $16,656.89
(035-035-1234-5204).
Employment
and reduce
Deobligate $28,133.69 from the FY-86 Teen Parent
Program (035-054-5205-9990) and reduce the revenue
estimate by $28,133.69 (035-035-1234-5205).
Appropriate $12,658.00 to the FY-87 Administrative
Cost Pool (034-054-8760-9990) and increase the
revenue estimate by $12,658.00 (034-03'4-1234-8776).
Deobligate $200,042.68 from the FY-86
Administrative Cost Pool (034-054-8660-9990),
decrease the Administrative Cost Pool Revenue by
'$149,454.14 (034-034-1234-8660) and decrease the
contribution revenue by $50,588.54
(034-034-1234-8675).
Appropriate $200,042.68 to the FY-S1 Administrative
Cost Pool (034-054-8760-9990), increase Title II-B
Admin Revenue by $110,223.00 (034-034-1234-8764),
increase the contribution revenue by $76,900.68
ACT[ON:
ACTION:
(034-034-1234-8776), and increase the Incentive
Admin. revenue by $12,919.00 (034-034-1234-8766).
Deobligate $557,943.50 from the FY-86 Title I[-A
pro§ram (034-054-8661-9990) and reduce the revenue
estimate by $557,943.50 (034-034-1234-8661).
Appropriate $557,943.50 to the FY-87 Title [I-A
program (034-054-8761-9990), increase the Title
ll-A Trainin9 revenue by $348,061.50
(034-034-1234-8761), increase the Title [I-A sup-
port revenue by $136,677.00 ~34-034-1234-8762) and
increase the Incentive Program revenue by
$73,205.00 (034-034-1234-8767).
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28501) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Fifth District Consortium and Grant Funds Appropriation
Ordinances, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 62.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ......... _ .............. 6.
NAYS: None .........
.0.
(Mayor Taylor was absent.)
SPECIAL PERMITS: The City Manager submitted a written report
advising that on January 13, 1986, Council granted the use of air-
rights over Franklin Road between Jefferson Street and Williamson Road
and over a portion of Elmwood Park to Hamid-Morton Circus for an aerial
exhibition held on January 30, 1986, to promote the Shrine Circus; that
the exhibition involved an aerialist sliding down a cable suspended
from the roof of the Colonial Plaza Building to Elmwood Park; that the
29th Annual Kazim.Shrine Temple Circus is scheduled from January 30
through February 1, 1987, at the Roanoke Civic Center; that the Kazim
Temple sponsors the subject circus along with Abel Holding Company,
Inc., of New Jersey; that Kazim Temple has requested the City's per-
mission to stage an aerial exhibition at 12:15 p.m., on January 29,
1987, over Franklin Road and Elmwood Park to promote the Shrine Circus;
and the exhibition would involve a motorcyclist (with an acrobat
suspended beneath the bike) ascending a cable suspended from Elmwood
Park to the roof of the Colonial Plaza Building.
Mr. Herbert explained that Colonial Plaza building owners have
approved the use of their building for the abovestated aerial event,
subject to certain terms and conditions; that permission for the use of
air-rights over Franklin Road can only be granted by Council; and a
parade/assembly permit granted by the City Manager would also be
required for the subject event.
The City Manager recommended that Council concur in and grant the
use of air-rights over Franklin Road between Jefferson Street and
Williamson Road and over a portion of Elmwood Park to the Kazim Temple
and the Abel Holding Company, Inc., for an aerial exhibition at or
about 12:15 p.m,, on January 29, 1987, to promote the Shrine Circus.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28502) AN ORDINANCE providing for the use of certain air rights
over Franklin Road and a portion of Elmwood Park for an aerial exhibi-
tion in promotion of the Kazim Temple Shrine Circus, by Abel Holding
Co., Inc. and Kazim Temple A.A.O.N.M.S., upon certain terms and con-
ditions.
27
28
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 69.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council m~mbers Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser- - ............ 6.
NAYS: None ...........
(Mayor Taylor was absent.)
--0o
DIRECTOR OF FINANCE:
BUDGET-WORKMAN'S COMPENSATION: The Director of Finance submitted
a written report advising that the fiscal year 1986-87 General Fund and
Internal Service Fund budgets included funds in the non-departmental
category for payment of termination leave and workman's compensation
wages and medical expenses; that these three types of fringe benefits
are budgeted in the non-departmental category because annual charges to
each department cannot be accurately projected; and the actual costs
are charged to the applicable department in anticipation of periodic
budget transfers to cover the costs.
The Finance Director transmitted a measure transferring funds from
the non-departmental category to applicable departmental budgets to
cover actual costs, as follows:
General Fund
Internal
Service Fund
Workman's Compensation
Wages
Workman's Compensation
Medical
Terminal leave Pay
$ 44,171.35 $ 20.08
112,466.22 2,153.20
49,1/8.53 6,546.30
Total $ 205,816.10 $ 8,719.58
Mr. Schlanger recommended adoption of a measure which was
transmitted to Council with its agenda material.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28503) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 63.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ........ 6.
NAYS: None- O.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
BUDGET-BRIDGES: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for replace-
ment of the Wise Avenue pedestrian bridge over Tinker Creek, presented
a written report on behalf of the committee recommending that Council
award a contract to H & S Construction Company, in the amount of
$74,500.00 and establish a contingency, in the amount of $6,000.00;
that the Director of Finance be authorized to establish an accounts
ACTION:
ACTION:
II
receivable in the amount of $60,375.00 (federal funds) and $20,125.00
(state funds), and appropriate this amount into an account to be
established by the Director of Finance; and that all other bids be
rejected.
(For full text, see report on file in the City Clerk's Off~ce.)
Mr. Garland offered the following emergency budget Ordinance:
(#28504) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ord}nance Book No. 50, page 65.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ............ 6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28505) AN ORDINANCE accepting the bid of H & S Construction
Company for construction of the Wise Avenue pedestrian bridge, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providin9 for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 66.)
Mr. Garland moved tile adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser 6.
NAYS: None ............. O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meetin9 adjourned at 9:55 p.m.
29
ATTEST:
City Clerk
APPROVED
Vice- Mayor
30
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
January 20, 1987
12:15 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Tuesday, January 20, 1987, at 12:15
p.m., pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, with Mayor Noel C. Taylor presiding.
PRESENT: Council members Howard E. Musser, James O. Trout,
David A. Bowers, Elizabeth T. Bowles, Robert A. Garland, James G.
Harvey, II, and Mayor Noel C. Taylor ............ 7.
ABSENT: None ...............
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl
B. Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr.,
City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary
F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
The following communication calling the special meeting, was
before Council.
"January 15, 1987
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter,
this is to advise you that there will be a special
meeting of Council on Tuesday, January 20, 1987, at
12:15 p.m. in the City Council Chamber. The pur-
pose of the meeting is to discuss and consider the
terms and conditions of a proposed contract.
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor"
A report of the City Manager requesting that Council meet in
Executive Session to discuss a legal matter being the terms and con-
ditions of a contract in negotiation, pursuant to Section 2.1-344 (a)
(6), Code of Virginia, 1950, as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the terms and con-
ditions of a contract in negotiation, pursuant to Section 2.1-344 (a)
(6) Cod~ of Virginia, 1950, as amended. The motion was seconded by
~Mrs~ Bowles and adopted by the following vote:
~~-,~' 'A~~ qouncil members Musser, Trout, Bowe~J~,''~ow~es,.'.Gapt~d,
'' ~ HarYe~m~'~aya~ Taylor- " 7.
NAYS: None ........ _ ......... O.
ACT[ON:
At 12:25 p.m., the Mayor declared the meeting In recess.
At 1:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
The Mayor advised that because of certain time constraints,
Council was unable to finish its business in Executive Session and stat-
ed that the Executive Session would continue immediately following
adjournment of the regular meeting of City Council scheduled to com-
mence at 2:00 p.m., on that date.
Mr. Harvey moved that the Executive Session be continued until
immediately followin9 the City Council meeting on that date. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey, and Mayor Taylor .......... 7.
NAYS: None .............
Oe
At 1:55 p.m., the Mayor declared the special meeting in recess.
The Executive Session reconvened in the Council's Conference Room
at 2:50 p.m., with Mayor Taylor presiding and all members of the
Council in attendance. (Due to previous commitments, Mayor Taylor and
Council member Trout left the meetin9 durin9 the latter part of the
Executive Session.)
At 4:45 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding and all members of the Council in atten-
dance, with the exception of Mayor Taylor and Council member Trout.
There being no further business, the Vice-Mayor declared the spe-
cial meeting adjourned at 4:45 p.m.
31
ATTEST:
City Clerk
APPROVED
32
REGULAR WEEKLY SESSION
January 20, 1987
2:00 p.m.
ROANOKE CITY COUNCIL
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 20, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II and Mayor
Noel C. Taylor ....... 7.
ABSENT: None .........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Paul E. Alwine,
Pastor, First Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
%
MINUTES: 'Minutes of the regular meeting 'o~°~ou~cil hel~n
Monday, December 15, 1986; the special meeting held on Thursday,
December 18, 1986; the regular meeting held on Monday, December 22,
1986; and the regular meeting held on Monday, January 5, 1987, were
before the body.
ACTION:
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... --7.
NAYS: None ........
HOUSING: A communication from the City of Roanoke Redevelopment
and Housing Authority advising that under the Cooperation Agreement
between the City of Roanoke and the Housing Authority, the Authority
shall make payment in lieu of taxes to the City of Roanoke each fiscal
year, ~nich is ten per cent of shelter rents from all the housing pro-
jects, was before Council.
The Housing Authority transmitted a check in the amount of
$111,470.89, representing payment in lieu of taxes for the following
projects:
Lansdowne Park
Lincoln Terrace
Hurt Park
Highland Manor
Hunt Manor
$ 15,604.84
2O,439.62
7,272.59
3,662.84
8,012.84
Melrose Towers - 17,536.00
Jamestown Place - 8,486.49
Morningside Manor - 8,758.17
Bluestone Park - 4,973.46
Indian Rock Village - 4,288.00
Scattered Housing - 10,805.96
Hackley Avenue - 1,630.08
Total $ 111,470.89
ACTION:
It was noted that the above amount covers the Housing Authority's
fiscal year ended September 30, 1986.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... 7.
NAYS: None ..... O.
REGULAR AGENDA:
m
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PENSIONS: Mr. Harold S. Zimmerman, President, Roanoke City
Retirees Association, appeared before Council and read a prepared state-
ment transmitting a request of the retirees to receive financial con-
sideration in the 1987-88 fiscal year budget. It was also requested
that serious consideration be given to incorporating any increase in
the retiree's regular monthly pension, noting that a one-time lump sum
is satisfactory for one month, but for the next eleven months retirees
will be worse off than before.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Harvey moved that the request be referred to the City Manager
and Director of Finance for study, report and recommendation to Council
regarding pension increases for City retirees for the next two years.
The motion was seconded by Mr. Musser and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
AIRPORT: The City Manager submitted a written report advising
that the Airport Advisory Commission at its meeting on January 12,
1987, considered the lease agreement with Air Ti,~,zport Associates;
and no formal action was taken due to the lack oi= a quorum, but those
present favored the recommendation of the City Administration.
Mr. Herbert further advised that although fixed base services are
not currently provided by Air Transport Associates, he recommends the
approval of Council to standardize lease agreements with fixed base
operators.
A staff report explained that Air Transport Associates, Inc.,
(ATA) occupies Airport Hangar Building No. 11, which is currently used
for storage and hangaring of aircraft owned or leased by ATA under long
term lease; that fixed base services are not currently provided by ATA;
that ATA is grandfathered, however, under the City Code to engage in
aircraft maintenance on the same scale they did prior to November 1975;
and any proposal to increase or expand fixed base services by ATA would
require ATA to comply with minimum standards for floor and land space
under provision of Article III, Fixed Base Operations, Sections 4-40 -
4-53 of the City Code.
34
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28506) AN ORDINANCE authorizing the execution of a Lease and
Operating Agreement with Air Transport Associates, inc., t/a Air
Transport Associates.
(For full text of Ordinance, see Ordinance Book No. 50, page 71.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............. 7.
NAYS: None ....... O.
BUDGET-BRIDGES: The City Manager submitted a written report in
connection with Change Order No. 2 to the contract with Wilkins
Construction Company, inc., for the Walnut Avenue Bridge, S. E., over
N & W Railway Deck Rehabilitation, said contract in the amount of
$495,033.00 (base bid plus alternates and Change Order No. 1), and a
time limit of 225 consecutive calendar days (contract time plus Change
Order No. 1).
It was explained that the structural deck of the bridge has been
completely exposed by the contractor; that the exposed deck was exa-
mined by Hayes, Seay, Mattern and Mattern, which resulted in Change
Order No. 1, and included an additional 515 square yards of rehabilita-
tion, which was an estimated quantity; that as construction proceeded
it was found that an additional 107 square yards of rehabilitation was
needed, as follows:
45 square yards are needed to correct a joint
alignment problem that exists in the sidewalk
area. This problem was created several years ago
when the bridge sidewalk was overlayed with new
concrete, the joints of which were not aligned with
existing bridge joints. This problem was not
detected until deck sections were removed as part
of this contract, and is not something that could
have been readily detected during the engineering
design of this bridge rehabilitation project.
62 square yards are needed in addition to the pre-
viously estimated 515 square yards, for proper deck
rehabilitation.
At $125.00 per square yard, this is an additional
$13,375.00.
It was explained that latex concrete overlay that will be placed
as the final riding surface is now estimated to require 30 per cent
(363 cubic yards) more material; that close examination of the exposed
deck reveals some high and low spots which, when supplemented by the
knowledge gained from placing a similar overlay on Wasena Bridge, sup-
ports the need for the additional latex concrete material, and at
$750.00 per cubic yard, this is an additional $27,225.00.
It was further explained that spalled areas on the piers require
an additional 73 square feet of patching to cover exposed re-enforcing
steel, and at $84.00 per square foot, this is an additional $6,132.00;
that quantities developed during the engineering and design of the pro-
ject were based upon the 72 test-cut samples noted above; that in order
to have correctly estimated the quantities found, considerably more
test-cuts would have been needed; and this may have provided a better
idea of quantities of repair work needed, but would have involved a
higher engineering fee, with the same quantities of repair work having
been found in any event.
ACTION:
ACTION:
ACTION:
The City Manager pointed out that funding, in the amount of
$46,732.00, is available from the Publ$c Improvement Bond - Series 1985
- Streets and Bridges Account No. 008 052 9577 9181 and from the pro-
ject contingency to provide the subject work for Change Order No. 2;
that the contract would increase to $541,765.00 by virtue of Change
Order No. 2, in the amount of $46,732.00; that the same unit prices
used in the original low bid would also be used in this change order;
and an additional five calendar days would also be added to the 225
caiendar days for the contract, resulting in a total 230 calendar-day
contract.
The City Manager recommended that he be authorized to execute
Change Order No. 2, in the amount of $46,732.00; that the time limit of
the contract be extended by five consecutive calendar days; and that
the following transfer be approved:
$36,732.00 from the Public Improvement Bond -
Series 1985 - Streets and Bridges Account No.
008-052-9577 -9181 into the existing Walnut Avenue
Bridge Deck Repair Account No. 008-052-9529-9001.
$10,000.00 from the project contingency into the
existing Walnut Avenue Bridge Deck Repair Account
(this leaves a $10,000.00 contingency for tile re-
mainder of the project).
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28507) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 70.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..... 7.
NAYS: None ..... O.
Mrs. Bowles offered the following emergency Ordinance:
(#28508) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Wilkins Construction
Company, Inc. for deck rehabilitation for Walnut Avenue, S. E., Bridge;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 71.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None--- O.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE: The Director of Finance presented the finan-
cial report for the City of Roanoke for the month of December, I986.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
35
CITY CLERK:
SCHOOLS: A report of the City Clerk advising of the expiration of
the three year terms of Sa)lye T. Coleman and William White, Sr., as
School Board Trustees on June 30, 1987, and that applications for the
upcoming vacancies will be received in the City Clerk's Office until
5:00 p.m., on Tuesday, March 10, 1987, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland moved that the report be received and filed.
motion was seconded by Mrs. Bow)es and unanimously adopted.
The
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS:: Ordinance No. 28499 permanently vacating,
discontinuing and closing a certain 12-foot wide a]ley extending in a
westerly direction from 11th Street, S. E., for a distance of 260 feet
to its point of intersection with 10~2 Street, S. E.; and a certain
alley extending from the center of the aforementioned 12-foot alley,
being approximately 10 feet in width and extending in a northerly
direction for a distance of approximately 400 feet to its termination
at a juncture with an existing 12-foot al]ey, having previously been
before the Council for its first reading on Monday, January 12, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28499) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 67.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None ..................................................... O.
SEWERS AND STORM DRAINS-DONATIONS:: Ordinance No. 28500 providing
%or the City's gift to Virginia Mountain Housing of certain houses
located on Shadeland Avenue, N. W., upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, January 12, 1987, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#28500) AN ORDINANCE providing for the City's gift to Virginia
Mountain Housing of certain houses located on Shadeland Avenue, N. W.,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 68.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES:. Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................. 7.
NAYS: None ..................
.0.
SPECIAL PERMITS-PARKS AND PLAYGROUNDS-AIR RIGHTS: Ordinance No.
28502 providing for the use of certain air rights over Franklin Road
and a portion of Elmwood Park for an aerial exhibition in promotion of
the Kazim Temple Shrine Circus, by Abel Holding Co., Inc. and Kazim
Temple A.A.O.N.M.S., upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
January 12, 1987, read and adopted on its first reading and laid over,
ACTION:
was again before the body, Mr. Harvey offering the following for its
second reading and final adoption:
{#28502) AN ORDINANCE providing for the use of certain air rights
over Franklin Road and a portion of Elmwood Park for an aerial exhibi-
tion in promotion of the Kaztm Temple Shrine Circus, by Abel Holding
Co., Inc. and Kazim Temple A.A.O.N.M.S., upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 69.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the fo)lowing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None .... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL: Council member Trout moved that the City Attorney be
instructed to prepare the proper measure expressing the opposition of
Council to a bill introduced by Delegate C. Richard Cranwell which
would move city and town elections from May to November in even num-
bered years to coincide with national elections; that the City's repre-
sentatives to the General Assembly be advised that Council is of the
opinion that City Council elections should continue to be held in May;
and that the City make its position known to the Virginia Municipal
League to determine if the League would like to take a position on
Delegate Cranwell's bill. The motion was seconded by Mr. Harvey and
unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:45 p.m.
37
ATTEST:
City Clerk
APPROVED
Mayor
I
38
SPECIAL SESSION
...... ROANOKE CITY COUNCIL
January 26, 1987
12:00 noon
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, January 26, 1987, at 12:00
noon, pursuant to Section 10, Meetings of Council, of the Roanoke City
Charter, with Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O.
Trout and Mayor Noel C. Taylor ................... 7.
ABSENT: None ..... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr.
Wilburn C. Dibling, Jr., City 'Attorney; Mr. Joel M. Schlanger, Director
of Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Taylor.
The following communication calling the special meeting was before
Council:
"January 23, 1987
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter,
this is to advise you that there will be a special
meeting of Council on Monday, January 26, 1987, at
12:00 noon in the City Council Chamber. The pur-
pose ~f the meeting is to discuss and con$i~le~,tbe
terms and 'conditions of a proposed contract.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor"
Mr. Trout moved that Council convene in Executive Session to
discuss the terms and conditions of a contract in negotiation, pursuant
to Section 2.1-344 (al (6), Code of Virginia, 1950, as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None .... O.
At 12:10 p.m., the Mayor declared the meeting in recess.
At 1:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
The Mayor advised that inasmuch as Council had not completed its
Executive Session, he would entertain a motion to continue the
Executive Session until immediately following the regular meeting of
City Council scheduled for 2:00 p.m., on that date.
Mr. Bowers moved that the Executive Session be continued until
immediately following adjournment of the regular meeting of City
Council scheduled for 2:00 p.m., on that date. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- _ ....................
NAYS: None ............... - ....O.
At 1:30 p.m., the Mayor declared the special meeting in recess.
At 2:45 p.m., the Executive Session continued in the Council's
Conference Room, with Mayor Taylor presiding and all members of the
Council in attendance.
At 4:15 p.m., the special meeting reconvened in the Council
Chamber, with Mayor Taylor presiding and all members of the Council in
attendance.
The City Manager advised that as spokesman for the City of
Roanoke, he would like to report that Council has considered a proposed
contract in detail; that approval of the form of contract is impossible
at this time because two vital answers are necessary from Roanoke
County; that Council is ready to vote on the contract following receipt
of information from Roanoke County, and it is hoped that the infor-
mation will be received by the next regular meeting of Council on
Monday, February 2, 1987.
There being no further business, the Mayor declared the special
meeting adjourned at 4:20 p.m.
29
ATTEST:
City Clerk
APPROVED
Mayo r
40
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 26, 19B7
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 26, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re§ular
.Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ................... 7.
ABSENT: None ................... O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
FIRE DEPARTMENT-CITY INFORMATION SYSTEMS: Pursuant to notice of
advertisement for bids for a Fire Suppression System, Halon 1301 - Com-
puter Room in Municipal North, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday, January 26, 1987, and to be
held,' opened and read before the Council at 2:00 p.~ ~ ~hat ~ or
as soon thereafte~ as the matter may be heard, "thee ~ayor- ~f '
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the one bid received from Fire-X Corporation, in
the amount of $13,554.00.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion was seconded by Mr. Musser and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
TAXES: Council having set a public hearing for Monday, January
26, 1987, at 2:00 p.m., or as soon thereafter as the matter may be
heard, on the question of adoption of a resolution pursuant to Section
30-19.04 of the Code of Virginia, lg50, as amended, on a request by The
Imaging Center of Southwest Virginia, Inc., for a designation of pro-
perty to be exempted from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of lhe Roanoke Times and World-News on Monday,
January 19, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
41
Mr. Trout offered the following Resolution:
(#28509) A RESOLUTION supporting tax exemption of certain pro-
perty owned by Imaging Center of Southwest Virginia, [nc., in the City
of Roanoke used by it exclusively for charitable and benevolent pur-
poses on a non-profit basis, and memorializing a certain agreement bet-
ween Imaging Center of Southwest Virginia, [nc., and this City.
(For full text of Resolution, see Resolution Book No. 50, page 72.)
ACTION:
Mr. Trout moved the adoption of the Resolution.
seconded by Mr. Bowers.
The motion was
The City Manager, City Attorney and Director of Finance submitted
a joint written report advising that the property is located on the
east side of Jefferson Street northeast of its intersection with Marion
Street; that state law provides that the appropriate committee of the
General Assembly may consider the petitioner's request for tax exemp-
tion only after the local governing body has adopted a resolution sup-
porting or refusing to support the proposed exemption; and before
adopting a resolution, state law further requires that Council consider
eight questions with respect to the requested exemption, and these
questions and the petitioner's responses thereto are set out on Pages 2
- 5 of the petition filed with the Council on January 12, 1987.
It was explained that as a means of reference, similar requests
have been made of Council by the Virginia Synod Lutheran Home and
Commonwealth Health Care; that both requests were approved after care-
ful scrutiny by the City Administration and Council; that erosion of
the local tax base is a matter of continuing concern, and this and
similar requests must be carefully scrutinized to determine whether
they are in the public's interest.
I
The Committee advised that by granting the request, Council would
be foregoing the usual real and personal property tax revenues that
would ordinarily be derived from this development; that the City would
receive, however, on or before October 5 annually, a service charge
equal to five per cent of the City of Roanoke real and personal pro-
perty tax levies which would be applicable to property of the peti-
tioner in the City of Roanoke as if the petitioner were not exempt from
state and local taxation; that the service charge, which has been
volunteered by the petitioner, would be required for as long as the
petitioner is exempted from state and local taxation; and by execution
of the resolution the petitioner obligates itself to pay the service
charge.
It was noted that The Imaging Center of Southwest Virginia, Inc.,
is a joint venture of Community Hospital of Roanoke Valley and Roanoke
Hospital Association; that each hospital is tax exempt and either could
operate The Imaging Center under its tax exempt umbrella without action
of Council or the General Assembly.
The Committee explained that given that the facility which the
petitioner intends to build will enhance local employment possibili-
ties at both the highly professional and low skilled levels, assist in
the renewal of the downtown-Jefferson Street corridor, provide needed
health care services to citizens, provide short-term construction jobs,
and provide additional revenues for the City in terms of con-struction
fees and out-of-town patrons, they recommend that Council adopt a reso-
lution as requested by the petitioner.
I
(For full text, see report on file in the City Clerk's Office.)
Mr. James F. Douthat, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request,
Resolution No. 28509 was adopted by the following vote:
AYES: Council members Bowers, Harvey, Musser and Trout .........
NAYS: None ...... O.
(Mayor Taylor and Council members Bowles and Garland abstained
from voting.)
42
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that ali matters listed under the Consent Agenda
are considered to be routine by the members of Council and wi)| be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item wi)| be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personne! matters relating
to vacancies on various authorities, boards, commlissions and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the fo)lowing vote:
AYES: Council members Bowers, Bowles, Gar)and, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ............. -0.
AIRPORT: A report of the City Manager in connection with a noise
contour study at Roanoke Regional Airport (Woodrum Field) was before
Council. ,
The City Manager advised that Grant Agreement ADAP No. 6-51-0045-
13 for the Runway 5/23 extension stipulated that a noise contour study
be conducted within one year of completion and every five years
thereafter; ti}at the study, which began in July 1986, one year after
the runway became operational, is now complete; that the new noise
exposure forecast (NEF) for 40 NEF and the 35 NEF contours have not
expanded to include any new properties other than on a minor area of
publicly owned property; and homes that were included in the previous
soundproofing program remain in the 35 NEF contour.
In conclusion, the City Manager advised that Runway 5/23 extension
has not expanded significantly the aircraft noise contours; and the
report is intended for Council's information and no action is required.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Gar)and and adopted by the following vote:
AYES: Council members Bowers, Bow)es, Gar)and, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None .......
O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the fo)lowing funds to school
accounts, was before the body.
ACTION:
43
Grant No. 6410 -
$120,000.00 for the Alternative
Education Program for 1987 to
provide instruction and guidance
services to secondary level stu-
dents who are at risk of leaving
school. The program is one hun-
dred per cent reimbursed by
federal funds.
Grant No. 6927 - $6,880.00 for the 29th Virginia
Regional Spring Science Fair.
School districts will contribute
$5,280.00 with local match in the
amount of $1,600.00.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Alternative Education Program
Grant is funded with 100% federal funds; that the Virginia Regional
Spring Fair is funded by contributions from other school districts and
a local match of $1,600.00; and recommending that Council concur in the
request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28510) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 73.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers a,~d adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... _ .......... 7.
NAYS: None O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY-SCHOOLS: The City
Manager submitted a written report advising that the Harrison Heritage
and Cultural Center was opened in late October, 1985, in renovated
first floor space of the former Harrison School for use as a Community
Center, a Heritage and Cultural Center to display artifacts and have
programs on black culture and history, and a resource center for ~lack
history.
It was explained that Council approved Community Development Block
Grant funds for the first year's operating budget, in the amount of
$54,250.00, pursuant to Ordinance No. 27825 on October 7, 1985; that
Council approved CDBG funds for the second year's operating budget in
the amount of $49,106.00, pursuant to Ordinance No. 28403 on October
20, 1986; that the contract for the first year's operating budget
expired on October 22, 1986, leaving a balance of $1,315.21 which was
returned to the City; that the Harrison Heritage and Cultural Center,
Inc., has submitted a request to use the returned funds to purchase
equipment and furnishings for the Center; and the current budget of
$49,106.00 has no funds for furniture and equipment.
The City Manager recommended that he be authorized to execute an
amendment to the agreement with the Harrison Heritage and Cultural
Center, Inc., and TAP for use of the remaining funds, with the amend-
ment to be in a form acceptable to the City Attorney and shall not
exceed $1,315.21.
(For full text, see report on file in the City Clerk's Office.)
44
Mrs. Bowles offered the following emergency Ordinance:
(#28511) AN ORDINANCE authorizing an amendment to an Agreement
with the Harrison Heritage and Cultural Center, Inc., and Total Action
Against Poverty in Roanoke Valley, Inc.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 74.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None--
Oe
CITY ATTORNEY:
ELECTIONS-LEGISLATION: The City Attorney submitted a written
report advising that at the Council meeting on Tuesday, January 20,
1987, he was requested to prepare a measure expressing Council's oppo-
sition to Delegate Cranwell's bill which would require that municipal
elections be held in November, along with national and state elections;
that the Virginia Municipal League has advised him that Delegate
Cranwell's bill is House Bill 953; that in response to Council's
request, he has prepared a measure which is recommended to Council for
adoption; and the measure is self-explanatory in enumerating the sound
basis for opposing this attempt to "fix" a time-honored system of muni-
cipal elections which is certainly not broken.
Mr. Dibling stated that in accordance with Council's request, the
resolution will be transmitted to the Virginia Municipal League by the
Mayor with the request that the League vigorously oppose House Bill
g53, and that municipal forces be marshaled in unified opposition to
the legislation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28512) A RESOLUTION opposing House Bill 953 which would reverse
Virginia's long standing tradition of holding municipal elections in
May.
(For full text of Resolution, see Resolution Book No. 50, page 74.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... --7.
NAYS: None ...........
CITY CLERK:
SCHOOLS: A report of the City Clerk advising of the expiration of
the three year terms of Sallye T. Coleman and William White, Sr., as
School Board Trustees on June 30, 1987, and that applications for the
upcoming vacancies will be received in the City Clerk's Office until
5:00 p.m., on Tuesday, March 10, 1987, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
A further report of the City Clerk requesting that certain dates
be established in connection with the School Board selection process,
pursuant to Section 9, Education, of the Code of the City of Roanoke
(1979), was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
The followin9 dales were approved by Council:
On Monday, March 16, 1987, at 4:00 p.m., Council
will hold an informal meeting which shall be open
to the public with all candidates for School
Trustee.
On Monday, March 23, 1987, at 2:00 p.m., Council,
as a committee of the whole, will review and con-
sider all candidates for the position of School
Trustee. At such meeting, Council will review all
applications filed for the position and Council may
elect to interview candidates for such positions.
On Monday, April 6, 1987, at 2:00 p.m., Council
will, by public vote, select from the field of can-
didates, those candidates to be accorded the formal
interview and all other candidates will be elimi-
nated from the School Trustee selection process.
The number of candidates to be 9ranted the inter-
view shall not exceed three times the number of
positions available on the Roanoke City School
Board, should there be so many candidates.
Prior to the public interview of candidates for
School Trustee required by §9-21, Council will hold
a public hearing on Monday, April 13, 1987, at 7:30
p.m., to receive the views of citizens.
On Thursday, April 16, 1987, at 7:00 p.m., Council
will hold a meeting for the purpose of conducting a
public interview of the remaining candidates for
School Trustee.
On Monday, May 4, 1987, at 2:00 p.m., Council will .
hold an election to fill the vacancies on the
Roanoke City School Board.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: A report of the City Planning Commission
advising that the City has constructed a new City park on the site of
the former West End Elementary School; that the park site is situated
in the West End community at the corner of Campbell Avenue and loth
Street, S. W.; that the park facility, as an addition to the City parks
system, has not been officially named; and the Mountain View Neighbor-
hood Alliance participated in the construction process of the park and
initially requested that the park be officially designated in the name
of "Mountain View Commons".
It was explained that the Planning Commission reviewed the request
to assign a proper name to the new park facility at its May 1, 1985
meeting; that the request by the Mountain View Neighborhood Alliance
was acknowledged and considered in the Commission's review; and naming
of community facilities such as parks and recreational areas, has, by
past policy, related to the identity of the neighborhood community in
which the facility was located.
The City Planning Commission recommended that the subject City
park be officially named and designated as "West End Park"; advising
that their recommendation is based on the Following conclusions:
The name "West End Park" is compatible with the
historic name of the immediate neighborhood.
The name is related by identification to, and
historically with, the previous land use of the
site - West End Elementary School.
45
46
ACTION:
The Planning Commission Further reco~lended that a suitable plaque
be placed in the park recognizing the meritorious efforts of the
Mountain View Neighborhood Al|iance whose efforts assisted greatly in
the park's changes and rehabilitation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the Fol|owing Resolution:
(#28513) A RESOLUTION naming a City park at the corner of
Campbell Avenue and loth Street, S. W., as West End Park.
(For full text of Resolution, see Resolution Book No. 50, page 75.)
Mr. Trout moved the adoption of the Resolution. The ~tion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... _ .........7.
NAYS: None ....... --0.
UNFINISHED BUSINESS: NONE.
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT: Ordinance No. 28506 authorizing the execution of a Lease
and Operating Agreement with Air Transport Associates, Inc., t/a Air
Transport Associates, in connection with standardizing lease agreements
with fixed base operators, having previously been before the Council
for its first reading on Tuesday, January 20, 1987, read and adopted on
its first reading and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final adoption:
(#28506) AN ORDINANCE authorizing the execution of a Lease and
Operating Agreement with Air Transport Associates, Inc. t/a Air Trans-
port Associates. '
(For full text of Ordinance, see Ordinance Book No. 50, page 71.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None .......... -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:30 p.m., the Mayor declared the meeting in recess.
At 2:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
HEALTH (MENTAL HEALTH SERVICES): The Mayor advised that there is
a vacancy on the Mental Health Services Board of Directors inasmuch as
Eunice R. Poindexter is ineligible for reappointment, pursuant to the
By-Laws of Mental Health Services, and called for nominations to fill
the vacancy.
ACTION:
Mr. Garland placed in nomination the name of Hortense W. Ruddick.
There being no further nominations, Ms. Ruddick was elected as a
member of the Mental Health Services Board of Directors for a three
year term ending December 31, 1989, by the following vote:
FOR MS. RUDDICK: Council members Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......
.... ----------------6.
(Council member Trout was out of the Council Chamber.)
47
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
ATTEST:
APPROVED
City Clerk Mayor
I
48
REGULAR WEEKLY SESSIOII .....
ROANOKE CiTY COUNCIL
February 2, 1987
7: 30 p.m.
The Council of the City of Roanoke met in re a~'m~eti~g i~'t~e
Fallon Park Elementary School Gymtorium, 502 19th Street, S. E., City of
Roanoke, on Monday, February 2, 1987, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979)~ is amended, and pursuant to
ResolutiOn No. 28418, adopted by the Council on Monday, November 3, 1986.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland
(arrived at 7:35 p.m.), James G. Harvey, II, Howard E. Musser, James O. l'rout,
David A. Bowers and Mayor Noel C. Taylor--- .7.
ABSENT: None ............................
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Steve A. Spangler,
Pastor, Waverly Place Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. Ne called specific attention to
three requests for Executive Sessions to discuss two personnel matters
and the terms and conditions of a proposed contract.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... -6.
NAYS: None ......
(Council member Garland had not arrived.)
COUNCIL: A communication from Council member James O. Trout
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor .......................... 6.
NAYS: None ......................
(Council member Garland had not arrived.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss and consider the terms and conditions of a proposed
contract, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Mana§er to convene in Executive Session to discuss and consider the
tems and conditions of a proposed contract, pursuant to Section
2.1-344 (a) (6), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None .........
(Council member Garland had not arrived.)
O®
YOUTH: A communication from Dr. C. A. Nottingham tendering his
resignation as a member of the Youth Services Citizen Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor ......... -6.
NAYS: None .........
(Council member Garland had not arrived.)
.0.
PENDING LIST: A list of items pending from July 10, 1978, through
January 26, 1987, was before Council.
(See pending list or, file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None ........ O.
(Council member Garland had not arrived.)
49
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
NONE.
BRIEFINGS:
50
SEWERS AND STORM DRAINS-FLOODS: The City Manager submitted an
informational report in connection with studies by the Corps of
Engineers for Roanoke River and tributaries, advising that flooding on
November 4, 1985, was a major disaster resulting in property damage to
both private and public facilities; that Counci! concurred in October
1985, that the City Manager request the United States Army Corps of
Engineers to conduct a feasibility study of the Peters Creek watershed
to determine the propriety of Federal participation in flood control
improvements; and on November 25, 1985, Council authorized the City
Manager to transmit an updated letter of intent to the United States
Army Corps of Engineers to cooperate with the Federal Government in
initiating construction of the Roanoke River channelization as soon as
possible.
It was further explained that on December 2, 1985, Resolution No.
27899 requested the United States Army Corps of Engineers to conduct
appropriate studies for the purpose of identifying federal projects and
programs for flood drainage reduction measures for Roanoke River tribu-
taries which included Tinker Creek, Lick Run, Mud Lick Creek, Murray
Run, Ore Branch and Craven's Creek; and the Corps of Engineers' stages
of studies are as follows once a request is made by a locality:
Preliminary report determines if problems are of an
extent to justify Federal participation.
Reconnaissance report is a windshield survey and
supporting local data of stream damages.
Feasibility study based on reconnaissance survey to
determine if a project is feasible under Federal
guidelines.
Selective plan stage to show alternates to solve
or reduce flood damages.
General Design Memorandum (GDM) stage authorizes
design and final pla~ls of project.
The following information was provided with regard to the tribu-
taries:
Peters Creek:
Feasibility study is well under way. Hydrologic
and hydrau]ic computations are a]most complete.
City Engineer's Office has supplied Corps of Engi-
neers with supporting data, which included previous
flood data, sewer, water and storm drain plans.
Definite project report which is part of the feasi-
bility study is to be completed in the fall of 1987
and sent to Atlanta District Office of the Corps of
Engineers for their approval. This was the status
of Peters Creek as of October 21, 1986, as per
letter to the City from Lawrence W. Saunders, Chief
Planning Division Department of the Army.
Timing can be lengthy if the project proceeds to
construction. The feasibility study is expected to
be complete in the fall of 1987, ~th detailed stu-
dies taking another two years. If a project is
then approved by all interested parties, an addi-
tional I 1/2 - 2 years for final design and con-
struction can be expected.
Commitment of funds from the City should occur in
fiscal year 1990 - 1991 if the project is to pro-
ceed. There will be no cost for the study. Con-
struction cost should be based on two-thirds
Federal, one-third City. Congress and City must
approve funding before construction can begin.
51
Roanc~e River:
Letter dated March 11, 1986, from Jaman Vithalani,
P. E., Chief, Engineering Division, Corps of Engi-
neers, indicated that the Roanoke River Project has
advanced to the General Design Memorandum stage.
This stage addresses the engineering and attendant
requirements necessary to detail all preconstruc-
tion activities. Two requirements of this phase
are additional land surveying and subsurface
investigations.
City participation at this point requires that the
City gain right of entry to all parcels along the
river. City Engineer's Office mailed forms to all
affected property owners.
Corps of Engineers began subsurface investigations
in August, 1986, and have proceeded upstream from
downstream of the Water Pollution Control Plant to
Wiley Drive at South Roanoke Park.
City Engineering staff, in November, at the request
of the Corps of Engineers, set informal meetings
with the City's Parks and Recreation Department,
Roanoke River Foundation, and the Corps of
Engineers Landscape Engineers to discuss each
other's concerns and plans.
Corps of Engineers scheduling indicates the General
Design Memorandum should be approved in February,
1988, with possible advertisement of project in
May, 1989. Construction time is expected to be
approximately eighteen (18) months.
Commitment of funds from the City will occur at two
points in the scheduling if the project is to pro-
ceed. The first would occur in fiscal year 1987 -
1988. Letter dated April 29, 1986, from
Lawrence W. Saunders, Chief, Planning Division,
Department of the Army, indicated that the design
for Flood Proofing at Roanoke Memorial Hospital and
Roanoke Sewage Treatment Plant would be 100% local
cost. The City's design share based on a project
cost of $647,000.00 would be $51,700.00 (8% of pro-
ject cost). The second would occur in fiscal year
1988 - 1989. City's funds would be required to
begin purchase of lands, easements, rights-of-way,
and relocations (LERR). Corps of Engineers revised
fact sheet (October 1986 prices) indicated LERR
Cost of $6,4/1,000.00, with a cash contribution of
$1,040,000.00, which is equal to five per cent of
the cost of the flood control features, and fifty
per cent of the cost of recreation features at
$480,000.00, for a total of $7,991,000.00, rounded
to $8,000,000.00.
City Council by Resolution No. 28254, dated July
14, 1986, expressed Council's opposition to any
reduction in scope or increase in local cost in
keeping with the Corps of Engineers Project as pre-
sented at the Public Hearing on November 2, 1983,
less the Flood Warning System, which is proceeding
on a separate track. This will keep the City's
share at approximately $6,600,000.00. A letter on
this positio~l has been sent to the Corps of Engi-
neers.
Tinker Creek:
Preliminary report draft received July 31, 1986.
This preliminary study is to determine if flood
problems are of the nature and extent to justify
Federal participation in making more detailed
investigations of the flood problems and solutions
to them. Glade Creek and Carvins Creek will be
studied as part of this report.
Project plan of this preliminary study was limited
to channel improvements from the mouth of Tinker
Creek at Roanoke River to Orange Avenue (U. S.
Route 460). It consisted of a 75 foot wide chan-
nel, slightly higher than the existing stream bot-
tom. Construction costs are estimated at
$988,749.00 rounded to $1,000,000.00. Annual main-
tenance costs are estimated at $2,000.00 per mile,
to be borne by the City.
Preliminary report has been sent to Atlanta Dis-
trict Office of the Corps of Engineers for their
approval. Once the preliminary report is approved,
the Corps of Engineers will move to the reconnais-
sance study stage. This will call for a more
detailed report of recommended solutions. The pre-
liminary report was scheduled for completion in
December, 1986, but has not been received as of
this date.
Commitment of City funds for the study is antici-
pated to be considered in the fall of 1988. Total
study to cost $250,000.00 prorated between City of
Roanoke, Botetourt County and Roanoke County.
Lick Run:
Preliminary report draft received July 31, 1986.
This preliminary study is to determine if flood
problems are of the nature and extent sufficient to
justify Federal participation in making more
detailed investigation of the flood problems and
solutions to them.
Project plan consists of restricting flow through
box culverts under Washington Park, providing trash
racks at the culverts to prevent clogging, acquir-
ing land necessary to temporarily store water
detained by culvert modifications, removal of
flood-prone homes in the loth Street area, and
floodproofing those units not affected by low-order
floods. Construction costs are estimated at
$970,000.00. Annual maintenance costs of $2,000.00
would be borne by the City if the project is com-
pleted.
Preliminary report has been sent to Atlanta Dis-
trict Office of the Corps of Engineers for their
approval. Once the preliminary report is approved,
the Corps of Engineers will move to the reconnais-
sance study state. This will call for a more
detailed report of recommended solutions. The pre-
liminary report was scheduled for completion in
December, 1986, but has not been received as of
this date.
Letter dated October 22, 1986, from Lawrence W.
Saunders, Chief, Planning Division, Corps of
Engineers, indicates that if a federally cost
shared project can be developed for Lick Run, the
land purchased by the City may ultimately be
counted as part of the City's contribution to
overall project cost.
Commitment of City funds for the study is anticipa-
ted to be considered in the fall of 1988. Cost of
this study would normally be $250,000.00, but since
the City is in the progress of doing some of the
improvements, a cost for the study cannot be deter-
mined at this time.
ACTION:
Mud Lick Creek, Murray Run, Ore Branch and Craven's
Creek:
Preliminary report indicates these streams do not
have project potential. They are regarded as
having only mar§inal project potential. This means
that the estimated cost of improvements is more
than the benefits to be derived. Therefore,
Federal participation and study will not proceed.
(For full text, see report on file in the City Clerk's Office.)
At this point, 7:35 p.m., Council member Garland entered the
meeting.
Mr. William F. Clark, Director of Public Works, appeared before
Council and presented an oral briefing and answered questions raised by
the members of Council.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
ITEMS RECOMMENDED FOR ACT[ON:
TRAFFIC-ACTS OF ACKNOWLEDGEMENT: The City Manager submitted a
written report advising that Council approved the rezoning request of
Bland A. Painter, III, pursuant to Ordinance No. 24626, on May 29,
1979, which enabled the development of the Ivy Ridge Shopping Center
presently located at the southeast corner of Orange Avenue/King Street
intersection; that a rezoning petition filed by Mr. Painter states that
"at such time as the City Traffic Engineer determines that signaliza-
tion at the intersection of Orange Avenue and King Street, N. E., is
necessary, the petitioner agrees to share the cost of signalization
with the City of Roanoke and with other landowners in the area who
would potentially benefit from signalization; that the petitioner's
share of the cost shall be negotiable at the time of signalization but
in no event shall it exceed fifty per cent of the cost of signaliza-
tion''; and traffic growth in recent years made necessary the signali-
zation of the Orange Avenue/King Street intersection.
It was explained that a traffic signal went into operation on
August 29, 1986, the total cost of which was approximately $65,000.00,
not counting the City employee labor which has been involved; that
owners of properties in the vicinity of this intersection who would
likely benefit from the traffic signal intersection were contacted by
letter, and were asked to consider financial contributions toward the
signalization equipment; and contributors and the amounts received to
date are:
Painter & Painter
Lowe's Companies, Inc.
Colonial American National Bank
FiberCom, Inc.
McDonalds Corporation
$ 5,000.00
5,000.00
750.00
500.00
5,000.00
The City Manager recommended that Council forward a measure of
appreciation to the businesses that have contributed to the signaliza-
tion of this intersection.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#28514) A RESOLUTION thanking certain businesses for their
contributions toward the cost of installing a traffic signal at the
intersection of Orange Avenue, N. E. and King Street, N. E.
(For full text of Resolution, see Resolution Book No. 50, page 75.)
53
54
ACTION:
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the fo)lowing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..................... 7.
NAYS: None ............................ O.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The City Manager and Director of Finance
submitted a joint written report advising that the 1987 fiscal year
General Fund budget includes $650,000.00 of anticipated lapse of salary
and wages; that the majority of changes on a proposed budget ordinance
will reduce departmental salary budgets and decrease the budgeted lapse
account by the same amount; and the total salary lapse remaining will
be as follows:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
Total Unrealized
$ 640,000.00
(162,500.00)
(162,50D.00)
$ 325,00O.00
The City Manager and Director of Finance recommended adoption of
a moasure previously transmitted to Council.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28515) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Internal Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 76.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... ---7.
NAYS: None ........ .0.
REPORTS OF COMMITTEES:
BUDGET-SIDEWALK, CURB AND GUTTER: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for new concrete sidewalks, entrances, curb and gutter,
presented a written report on behalf of the committee, recommending
that Council award a contract to H & S Construction Company, in the
amount of $320,055.00 and establish a contingency, in the amount of
$16,000.00, for a total not to exceed $336,055.00; that Council approve
transfer of $336,055.00 from the 1985 Series of Public Improvement
Bonds Streets and Bridges category, Account No. 008-052-9577-9181, to
an account to be established by the Director of Finance; and that the
other bids be rejected.
A report of the City Manager recommending that Council concur in
the recommendation of the Bid Committee, was also before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28516) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 78.)
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the roi)owing vote:
AYES: Counci! members Bow)es, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ................ ~ ..........
.0.
Mr. Gar)and offered the fo)lowing emergency Ordinance:
(#28517) AN ORDINANCE accepting the bid of H & S Construction
Co., for new concrete sidewalks, entrances, and curb and gutter (Bond
Issue - Phase II), upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids l~de to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 78.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following votes
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... _ ....... ~ ....... 7.
NAYS: None .....
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: Mr. Hillary A. Lantz, 1022 Murray Avenue, S. E.,
appeared before Council and presented the following suggestions and/or
concerns:
With regard to the road in the vicinity of the
railroad tracks at 14th Street, S. E., he suggested
that it be used as a dirt fill-in which would keep
flood waters out of the area. He further suggested
that this would be a good location for the City to
dispose of excess dirt.
He called attention to the fact that Colonia)-
American National Bank will close its southeast
branch during the early part of this year, and
requested the City's assistance in asking the bank
to reconsider its decision.
He called attention to unsightly conditions pre-
sently existing at 13th Street and Tazewe11 Avenue,
and solicited the City's assistance in cleaning up
the area.
The Mayor expressed appreciation to Mr. Lantz for sharing his com-
ments ~th Council and advised that the matters will be referred to the
City Manager for appropriate response.
COMPLAINTS: Ms. Norma Smith, 11 14th Street, S. W., appearJd
before Council and presented the fo)lowing suggestions and/or concerns:
She extended an invitation to City Council to hold
a neighborhood meeting in the Hurt Park section of
the City.
55
56
ACTION:
She referred to the unsightly conditions of a ware-
house in the vicinity of the loth Street Bridge,
and requested that something be done about existing
conditions.
She referred to a number of vacant houses in the
Hurt Park area and mentioned the possibility of
using the dwellings as shelters for the homeless.
She requested the installation of toilets with run-
ning water instead of portable toilets in Perry
Park. She also requested new equipment for Perry
Park.
The Mayor expressed appreciation to Ms. Smith for sharing her com-
ments with Counci] and advised that the matters will be referred to the
City Manager for appropriate response.
At 8:05 p.m., the Mayor dec]ared the meeting in recess.
At 9:25 p.m., the meeting reconvened in the Gymtorium of the
Fallon Park Elementary School, with Mayor Noel C. Taylor presiding, and
all members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSIIIP STEERING COMMITTEE: The Mayor
advised that there is a vacancy on the Roanoke Neighborhood Partnership
Steering Committee, created by the resignation of J. Granger Macfar-
lane, for a term ending November 8, 1989, and called for nominations to
fill the vacancy.
Mr. Bowers placed in nomination the name of William J. Rand.
There being no further nominations, Mr. Rand was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee, for
a term ending November 8, 1989, by the following vote:
FOR MR. RAND: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ....... --7.
AIRPORT: With regard to the matter of an Airport Commission Con-
tract with Roanoke County, the Mayor advised that he is pleased and
honored to be the first speaker of the evening on such an important and
momentous occasion inasmuch as Council intends to take an action that
has been long awaited -- an action that will move the Roanoke Valley
forward and mark the beginning of what can ultimately become a true
coming together of the Valley Governments to serve the best interest of
all its citizens -- an action which is right for the times.
The Mayor further advised that he would like to set the record
straight regarding how the issue of forming an Airport Commission has
been approached inasmuch as there seems to have been confusion on the
part of citizens, the press and some governmental officials regarding
approval of this very important matter. He said everyone can recall
the Roanoke of ten years ago, noting that the financial, legal and
development issues which faced this community could have been over-
whelming, but instead, as a community, we decided to roll up our
sleeves and move forward. He explained that an aggressive, highly
visible and mobile program was needed to tackle the issues of downtown
and neighborhood renewal, city-wide park improvements and bringing our'
citizens and business leaders to the table of active participation in
all of these improvement efforts; and by 1985, the City had regained
its financial health and was well on its way to achieving the tax
reduction development and renewal goals that had been set.
Mayor Taylor explained that in 1984, a new Airport Master Plan was
born; that unlike the other planning and development actions that Coun-
cil dealt with, this program held a very real promise for regional
cooperation, as its number one recommendation was the construction of a
new terminal building which would enhance air travel and economic
opportunities for the entire Valley and western Virginia; and the
objective was to create a mechanism that would allow multi-jurisdic-
tional, financial and operational participation in operating the air-
port.
57
The Mayor said that under the leadership of W. Robert Herbert,
City Manager, with the financial advise of Joel M. Schlanger, and the
legal expertise of Wilburn C. Dibling, a strategy te fit the situation
was devised; and unlike the aggressive and sometimes combative
approaches which were necessary for success in the past, the key 'to
successfully forging a regional airport operations agreement would be
found only in Mr. Herbert's ability to quietly negotiate, form new
coalitions for Valley-wide progress and develop new business and
citizen partnerships, tasks which required patience and a genuine
belief in the wisdom for Valley-wide progress; and develop new business
and citizen partnerships, tasks which required patience and a genuine
belief in the wisdom for Valley-wide participation in airport
ope rations.
The Mayor said this project has died a hundred deaths; that there'
have been numerous opportunities when Council and its management team
could have legitimately walked away from the negotiations without
remorse or reservation, but they were committed to the task and were
constantly enjoined to move forward by Mr. Herbert; that it has been
frustrating, and the very fiber that holds the Council together has
been tested. The Mayor said he is glad to be able to say that the
long, but necessary, journey has been a needed and worthwhile exper-
ience; that we have had to plow new ground, plan't fresh seed, and await
the harvest; and we know that Council can join with its neighbors for
progress.
In conclusion, the Mayor said that Roanoke's greatness will not be
compromised because of the actions that Council will take this evening;
that a Regional Airport Operations Agreement is only possible this
evening because of the actions that Council will take; that it is
possible tonight because Roanoke, since its inception as a City, has
been responsible in its duty to provide for its citizens; and from
water to sewer to job opportunities to air travel, Roanoke has been
faithful and diligent in its duty to serve and provide.
The Mayor said Roanoke's destiny has been to lead, whether through
aggressive, fast moving programs, or as with the matter presently
before the Council -- through quiet negotiations and patient dialogue.
He stated that we will be a greater community for what we do this even-
ing; a more united people -- a stronger competitor to secure our
future.
The Mayor advised that based upon the recommendation of the City
Manager, City Attorney and Director of Finance, Council is ready to
consider a motion endorsing in principle the concept of a regional air-
port commission.
Mr. Harvey advised that when he was first elected to Council in
1980, he stated that his main interest then and now is to represent the
one hundred thousand plus citizens in the City of Roanoke and, in doing
so, he has had an eye open for any avenue of cooperation with the City
of Salem and Roanoke County. He added that he was one of the original
members of Council to call for the concept of an airport commission
made up of all the surrounding area governments. Having so stated, he
said he is of the firm belief that his main responsibility rests with
the citizens of Roanoke City and his vote should reflect to that end.
Mr. Harvey stated that a couple of weeks ago, persons on the edi-
torial staff of the newspaper called for public disclosure of any
reservations or reasons why Council appeared to be deliberating at such
length on this issue and, on his part, he said he is prepared to dis-
close that information. He explained that some persons have questioned
if his reservations or hesitation stoms from the dissenting vote on the
new terminal building, noting that although he is aware that the for-
mation of the commission signals the final approval of building a new
airport terminal, this is not his chief concern. He said that since
the Director of Finance, the City Manager and Richmond officials have
assured him of sufficient funds available for the project, in the name
of economic development, he is certain that it will proceed; however,
his concerns run much deeper than the building of a new terminal.
Mr. Harvey commented that statements have been made in the past by
members of the County Board of Supervisors, in the area of cooperation,
as follows: "We want to court you, but we do not want to marry you."
He said the future of this Valley lies in grossly unbalanced terms; and
58
it is safe to say the cooperative efforts by the City of Roanoke have
saved the County and its residents hundreds of millions of dollars in
infra-structure related expenses. He referred to Carvins Cove and the
water supply, the regional sewage treatment plant, and now the regional
airport, as well as the regional landfill, of which the City is a
partner with Roanoke County. He said al! during this time the County
has chosen the route of duplication of a civic center, a courthouse,
and a jail. He stated that we have been reminded through these deli-
berations that although there are different faces on the political and
administrative scene and different attitudes by those now in charge in
Roanoke County, the past record of major cooperative efforts with other
localities leaves something to be desired. He commented that just this
year a communication was returned from Roanoke County labeled as, "not
interested at this time," about a possible consolidation study; and.
approximately two weeks later the City received a communication from a
County person asking about the possibility of joint operation of the
library systems in the Valley. Mr. Harvey said when the City receives
communications stating the desire to share in low income housing, half-
way houses, shelters for the homeless and social programs, which any
community with a conscience must provide and which the City of Roanoke
is providing for the entire Valley, he will say we are walking down a
common highway toward the future of this Valley together.
Mr. Harvey said it has been stated that the business community, as
well as certain elected officials, have been pressuring for this agree-
ment and this cannot be denied inasmuch as some have already reacted,
but this issue has much deeper ramifications than appear on the sur-
face. To public and political leaders, he offered the following
challenge: Local elected officials, and more particularly Roanoke City
elected officials, cannot bring about consolidation. If the business
community and state elected officials desire to see the City of Roanoke
move forward in a progressive state of competition for economic deve-
lopment and the attraction of new industry, one of two actions must be
forthcoming; viz: repeal of the 1979 annexation agreement which halted
the growth of eleven cities in the Commonwealth of Virginia, or, push
for a campaign equally as hard for consolidation as they have cam-
paigned for cooperation.
Mr. Harvey said no community can share all of its assets with
others and take on all the liabilities by itself -- it will not sur-
vive. He stated that the City of Roanoke is a ward of the state, bound
by state mandates and regulations, and when the state mandates addi-
tional programs without corresponding increases in revenue, the local
taxpayers pay the bill. He added that Roanoke is a nice City of over
100,000 population in southwest Virginia, which is indeed at the cross-
roads of its future, and he hopes business and political leaders
seriously realize this fact.
Mr. Harvey said that given assurances from the Director of Finance
that the taxpayers of the City of Roanoke are protected and the agree-
ment is financially sound for the City, coupled with the City Attor-
ney's assurances that it is a binding legal agreement, with the recom-
mendation of the City Manager that the agreement is in the best inter-
est of the City, and with sincere hope that formation of the commission
will lead to more participation by surrounding governments, he intends
to support the Airport Commission Contract.
ACTION:
Mr. Harvey moved that Council approve an Airport Commission Con-
tract, dated January 28, 1987, to be entered into by the City, Roanoke
County and the Roanoke Regional Airport Commission, subject to receipt
of a written opinion of mutually retained bond counsel that the con-
tract creates the binding legal financial commitments required of Roa-
noke County. The motion was seconded by Mr. Musser.
Mr. Musser advised that this has not been an easy decision because
he was elected to represent the citizens of the City of Roanoke, and
when he agrees to an action that is going to relinquish the deed to one
of the City's largest assets, that represents a difficult decision.
Mr. Musser said Council has been criticized by the news media and
other representatives outside the City for dragging its feet on the
contract, but as far as he is concerned tonight's meeting was the first
time he has had what he considers to be a formalized contract without
approval of the attorneys from Richmond and, therefore, he does not
think Council has been dragging its feet on the matter.
Mr. Musser said the City of Roanoke, being landlocked by legisla-
tion from Richmond and the provider of socia! services for the Valley
with little or no help, is giving up title to one of its largest assets
in the name of cooperation, and he is of the opinion that this is a big
move on the City's part. He said cooperation is a two-way street; that
if the City is willing to sign over title to the airport to a commis-
sion and the airport will no longer belong to the citizens of Roanoke,
he wants to know what is going to come in the area of cooperative
efforts by Roanoke County and other localities around the County. He
noted that the City of Roanoke cannot continue to provide ali of the
services currently provided with little or no help in certain areas,
and continue to do so with budget cuts, all in the name of cooperation.
Mr. Trout advised that the regional airport agreement has been a
giant undertaking and he is happy to cast his vote of support.
Mr. Bowers inquired of the City Attorney as to what steps need to
be taken from this point on to effect the organization of the Roanoke
Regional Airport Commission; whereupon, the City Attorney advised that
although Council is taking an important and significant step tonight,
much remains to be done before there is an airport commission; viz:
Receipt of a formal opinion from bond counsel
to the effect that binding legal obligations
have been created on Roanoke County.
Adoption of action by each governing body
authorizing the Mayor and Chairman, respec-
tively, to execute the contract.
Adoption by each governing body of a resolu-
tion creating the commission in accordance
with the Airport Commission Act.
4. Appointment by each governing body of its
Commissioners.
5. Adoption by the Commission of its By-Laws·
Adoption of a resolution by the Commission
authorizing its Chairman to enter into the
contract on its behalf.
The City would then convey to the commission,
by quitclaim deed, its title to real property
and the improvements which constitute the air-
port, and, at the same time, airport employees
would become employees of the Commission. At
this time, and only at this time, could the
commission begin to manage and operate the
airport and set policies therefor.
Mr. Dibling said it could take two to four months to accomplish
all of the above, with the intention to do so as quickly as possible.
Mr. Bowers advised that he considers this to be a historic action
on the part of Council. He said$ by approving the Airport Commission,
Council is placing the airport, which has always been the property of
the City of Roanoke, into a partnership or trust with County neighbors,
but in that trust the City of Roanoke still maintains majority control,
pro.tecting the interest of the City. He stated that Roanoke County,
~.whtch has the plurality of airport users, will he]~fr~y t~e cost of
~operation and the bui.lding of a new terminal. H'e'~'a'i~a~tieh~ t.~. by'~·
Council tonight is another step in the building of the new terminal,
which he feels is the number one capital improvement need of western
Virginia, and with the building of the new terminal, the City will be
catching up with its competition in Greensboro, Charlotte, and Raleigh.
Mr. Bowers commented that this agreement also signifies the coop-
erative spirit o~ our local governments and he hopes this will be
another step in cooperative ventures. He said he encourages County
neighbors to join with the City in going forward from this point in
setting up a study of the next step o~ cooperation, which is merger of
functional services leading to merger of the City and County.
59
60
Mrs. Bowles advised that she would like to assure all citizens
that approval of the contract has not been taken lightly. She said it
became obvious to Council some time ago that if the Roanoke Valley was
going to grow and be economically viable, it needed to share some of
its assets, the largest being the airport. She added that authoriza-
tion from the General Assembly to form a commission was granted and she
hopes this will be the opening of the door for regional cooperation.
She commented that she has faith in Council, the staff and other sur-
rounding governments, that the arrangement will work and provide a
cooperative and profitable venture for all.
Mr. Garland advised that the question is one of the n~st important
questions the Council will ever consider. He said he has vacillated on
the question for the last few months. He stated that he is convinced
each member of Council intends to act in the best interest of the City
of Roanoke and he is further convinced that the City Manager, the City
Attorney, the Director of Finance and the Director of Utilities and
Operations would never recommend anything to Council that would cause
harm to the City of Roanoke. He further stated that they have accomp-
lished the task the Council assigned to them, and it would appear that
they have come back to Council with a contract which is fair and equit-
able; that they have attained the best possible deal and he wishes to
publicly commend each of them for their efforts.
Mr. Garland explained that he is not over joyed at relinquishing
authority over the airport from the Roanoke City Council to another
body. He said as he casts his vote in favor of the motion, it has come
down to a matter of economics, noting that this is an opportunity to
have a partner to share in the cost of improvements, as well as to
share in the cost of the deficit. At the same time, he stated that the
key to the contract is the fact that the City maintains control over
the commission, it will start out with sixty per cent of the vote as
opposed to forty per cent of~the vote by the County. He added that
some persons have suggested that the County should pay more on the
yearly payment, but he would respond to those persons by saying that
there is nothing at the present time to compel the County to pay the
City one cent if they do not desire to do so. He said that is one rea-
son he would support an action which would authorize a boarding tax,
whereby the persons who actually use the airplanes would share in the
upkeep of the airport.
Mr. Garland said if the City of Roanoke did not vote for the con-
tract, it would be accused of not cooperating with the other jurisdic-
tions in the Valley, and should the contract fail, there could be an
unfavorable effect on economic development in the entire Roanoke
Valley.
There being no further discussion, the motion offered by Mr.
Harvey, seconded by Mr. Musser, was adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ........ -0.
There being no further business, the Mayor declared the meeting
adjourned at 10:00 p.m.
ATTEST:
City Clerk
APPROVED
May o r
61
REGULAR WEEKLY SESSION ..... ROANOKE CiTY COUNCIL
February 9, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 9, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Robert A. Garland, James G.' Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowl es and Mayor
Noel C. Taylor .......................... 7.
ABSENT: None .......................
-0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Joe R. Bryant,
Pastor, Riverdale Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
INDUSTRIES: Pursuant to notice of advertisement for bids for the
Advance Distribution Center and relocation of Blue Hills Golf Club
Road, said proposals to be received by the City Clerk until 4:30 p.m.,
on Monday, February 9, 198/, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questigns about the
advertisement for bids, and no representative present' raising any
question, the Mayor instructed the City Clerk to proceed with the open-
ing of the bids; whereupon, the City Clerk opened and read the follow-
ing bids:
BIDDER BASE BID
Thomas Brothers, Inc.
Joe Bandy & Son, Inc.
Branch & Associates, Inc.
Allegheny Construction Co., Inc.
$425,660.40
464,025.41
535,017.04
537,044.20
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as menbers of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 9, 1987, at /:30 p.m., or as soon there-
after as the matter may be heard, on the request of'Paul C. and
Connie C. Flegas that a tract of land containing approximately .21
acres, located between 3029 Yardley Drive, N. W., and the Plaza Motel,
4511 Williamson Road, N. W., designated as Official Tax No. 2170424, be
rezoned from RS-3, Single-Family Residential District and C-2, General
Commercial District, to RG-], General Residential District, subject to
certain proffered conditions, the matter was before the body.
62
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 23, 1987, and Friday, January 30, 1987.
(See publisher's affidavit on file in the City Clerkls Office.)
A report of the City Planning Commission advising that the purpose
of the petition to rezone is to permit the construction of a four unit
apartment building, and recommending aoproval of the request, was
before Council. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28518) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 217, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 83.)
The motion was seconded by Mr. Harvey.
Hr. Gene Wright, Spokesman, representing Mr. and Mrs. F)egas,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28518 was adopted on its first reading by
the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... ---7.
NAYS: None .........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City C)erk having advertised a public
hearing for Monday, February 9, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Edward A. Natt,
Attorney, representing Gary E. Dogan and John Lee Davenport, that a
certain tract of land located at 908 12th Street, S. E., designated as
Official Tax No. 4121701, be rezoned from RD, Duplex Residential
District, to C-2, General Commercial District, subject to certain
proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 23, 1987, and Friday, January 30, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the conversion of an existing dwelling to
a con~ercial video store; that an amended petition for rezoning con-
tains the following proffered condition: "(1) That the use of the pro-
perty will be limited to a video store."; and on November 12, 1986,
Council voted unanimously to refer the matter back to the Planning
Com~nission for further study, report and recommendation and the peti-
tioner was requested to meet with the property owners and the Southeast
Action Forum, Inc., in order to address concerns, was before Council.
The Planning Commission pointed out that the petitioner, as
requested by Council, met with twelve citizens; that the main position
of the citizens was that a residential structure should not be used for
a video store, however, there was no objection to the construction of a
commercial building on the site or its use for businesses other than a
video store; and no agreement was reached between developer and resi-
dents.
ACT[ON:
The City Planning Commission reco~nended approval of the rezoning
request, advising that those in favor felt this rezoning would lead to
revitalization of the area; that those opposed felt the rezoning was a
"piecemeal" approach to developing this area of Bullitt Avenue, and
protection of the surrounding residences was important.
(For full text, see report on file in the City Clerk's Off'ice.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No.
412, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property within the City, subject to
certain conditions proffered by the applicant."
The motion was seconded by Mr. Harvey.
The City Attorney previously submitted a written report in refer-
ence to petitions filed with the City Clerk by individuals opposed to
the rezoning, which raises the issue of whether there are sufficient
signatures on the petitions to invoke the provisions of Section'62(5)
of the Roanoke City Charter, which provides with reference to amend-
ments to the City's Zoning Map, in pertinent part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. In case, however,
protest against such change signed by the owners of
twenty per centum or more either of the area of the
lots included in each proposed change, or of those
immediately adjacent in the rear thereof, or of
those directly opposite thereto, such ~nendment
shall not become effective except by the favorable
vote of five-sevenths of all the members of the
Council ."
Mr. Dibling pointed out that in reviewing the petitions protesting
the rezoning and the tax records of the City, it appears that none of
the record owners of property immediately adjacent or directly opposite
to the property to be rezoned have signed petitions; and since none of
the property owners described in Section 62(5) of the Charter have
signed the petition, obviously the provisions of that section do not
apply, and only a simple majority vote of the members of Council will
be necessary for action to be taken on the rezoning.
(For full text, see report on file in the City Clerk's Office.)
The City Attorney orally advised that on Monday m~rning,
February 9, 1987, Kenneth C. King, Jr., Attorney, representing certain
opponents, filed a second petition with the City Clerk which shows that
owners well in excess of twenty per cent of the adjoining property
owners have entered into a petition in opposition to the rezoning;
therefore, pursuant to Section 62(5) of the City Charter, in order for
the rezoning to be approved, it would require five affirmative votes by
the Council.
Mr. Edward A. Natt, Attorney, representing the petitioners,
appeared before Council and advised that his clients are now the owners
of the structure at 908 12th Street, S. E., and they wish to convert
the structure into a video store for the sale and rental of videos. He
presented photographs of a store owned by his clients on 24th Street
and Orange Avenue, N. W., which was renovated and used for a video
business.
Mr. Natt stated that the matter was before Council several months
ago and was referred back to the City Planning Commission so that he
could meet with citizens in the area inasmuch as there was opposition
to the request, advising that a meeting was held, however, the meeting
was inconclusive. He quoted from a City of Roanoke interdepartment
com~nunication which states that there is no objection by residents to
use of the existing residential structure for other commercial uses,
for example: a florist shop or a shoe repair business. He stated that
63
64
his clients can understand the concern of the residents about not
wanting an establishment similar to those that have existed on
Williamson Road. He said another objection is that the rezoning will
infringe upon the residential co~nunity, noting that there is commer-
cial zoning on both sides of the street for several blocks and this
will not be the first commercial zoning on the south side of Tazewell
Avenue, therefore, it is not an infringement upon the residential
character of the community.
Mr. Natt referred to a City staff report which states in part that
the Comprehensive Plan would be followed by allowing the rezoning; that
certain neighborhood areas, because of their deteriorated condition,
changes in development trends or changes in the level of quality of
service, may benefit from a change in land use, noting that this area
is a candidate for such change. He submitted that the proposed
rezoning is a viable use for the property; that it will take a piece of
property which is generally unproductive and place it in a productive
capacity on the tax roles. He said there is already in existence a hub
of commercial activity and the proposed rezoning will not infringe any-
more into the residential area; that the residents of southeast said
during the neighborhood meeting that they feel the area is designed to
be c(~ercial; that the entire picture should be considered and he is
of the opinion that this might be the first step in that direction.
Mr. Hillary A. Lantz, 1022 Murray Avenue, S. E., appeared before
Council on behalf of the Southeast Action Forum, and advised that he is
against the use of the structure as a video store because he would not
like to see residential homes used in this manner. He said there are
already two video stores across the street from the proposed location
and he cannot understand the need for a third such establishment. He
stated that there are enough problems around the 13th Street area and
he does not wish to see the establishment of a facility that will
generate more problems.
Mr. Frank R. Radcliff, 3421 Shadblow Lane, S. W., appeared before
Council and advised that he owns approximately sixty per cent of adja-
cent property, and he is opposed to tile rezoning, noting that there is
an adequate number of video stores currently in existence in the area.
Mr. Jay Martin, 1308 Dale Avenue, S. E., appeared before Council
and expressed opposition to the rezoning. He said the people in south-
east are depending upon Council to deny the request. He called atten-
tion to disturbances in the vicinity of Bojangles,. noting that
residents do not need more problems of the same nature.
Mr. Kenneth C. King, Jr., Attorney, representing Ms. Mattie
Quilliams, Mr. David McCullough and Mr. Luther A. Duncan, appeared
before Council in opposition to the request for rezoning. He pre-
sented a petition representing all of the adjacent property owners,
with the exception of one, in opposition to the request for rezoning.
He stated that the Southeast Action Forum, through Mr. Hillary A.
Lantz, its Chairman, has advised that it is against the rezoning, and
requested that Council deny the petition.
There was discussion with regard to c~nmercial zoning of the pro-
perty versus the proffered condition to rezone for a video store.
Members of Council questioned whether or not the property, if
rezoned, will always be used for a video store; whereupon, the City
Attorney advised that proffers are binding and run with the land just
as the zoning, and are enforceable by the Zoning Administrator.
Following considerable discussion of the request, the Ordinance
rezoning the property was lost by the following vote:
AYES: None .......
-0.
NAYS: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......... ,-7.
ACT[ON:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, t~e City Clerk having advertised a public
hearing for Monday, February 9, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Edward A. Natt,
Attorney, representing PNCH, a North Carolina general partnership, that
a certain tract of land containing 1.8B acres, more or less, located at
the southeast corner of the intersection of Route 419 and Woodmar
Drive, S. W., designated as Official Tax No. 5090207, and a portion of
Official Tax No. 5090205, be rezoned from C-1, Office and Institutional
District, to C-2, General Commercial District, subject to certain prof-
fered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 23, 1987, and Friday, January 30, 198/.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to expand the existing Southwest Plaza shopping
center, was before Council.
The Planning Commission recommend ed approval of the rezoning
request, advising that development of the property as an expansion of
the existing shopping center is an appropriate and reasonable alter-
native to development for office use; that the conditions of the rezon-
lng address concerns regarding the development of the property; and
sewer and storm water management issues can be adequately dealt with
during subdivision and site plan review. It was noted that the pro-
posed access onto Woodmar Drive was discussed indepth; that while con-
cerns of residents for the exit were understood by the Planning Commis-
sion, it was felt that the developer had made concessions and in the
long-term such an access may even be desirable for the neighborhood;
and the developer felt the access point was necessary to the future
development of tile property, however, he agreed that when a tenant was
secured, an effort would be made to consider access solely from Route
419.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE to amend §§36-3 and 36-4, Code of the
City of Roanoke (1979), as amended, and Sheet No.
509, Sectional 1976 Zone Map, City of Roanoke, to
rezone certain property ~thin the City, subject to
certain conditions proffered by the applicant."
The motion was seconded by Mrs. Bowles.
A report of the City Attorney advising that petitions have been
filed with the City by citizens of the City opposed to the rezoning;
that sufficient signatures have been set out in the petitions to'invoke
the provisions of §62(5) of the Roanoke City Charter, which provides
with reference to amendments to the City's Zoning Map, in pertinent
part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
or of those immediately adjacent in the rear there-
of, or of those directly opposite thereto, such
amendment shall not become effective except by the
favorable vote of five-sevenths of all the members
of the Council."
65
'66
The City Attorney advised that there are five lots in the City
adjacent to the one proposed to be rezoned; that there are three par-
cels in Roanoke County across Route 419, and none of the owners of
those parcels signed the petitions; that inasmuch as Angel R. and
Karen H. Zayas have signed the petition in opposition to the rezoning,
he is of the opinion that the requisite twenty per cent of the owners
of the lots immediately adjacent 'in the rear of the lot proposed to be
rezoned has been met in order to invoke the requirements of §62(5) of
the Charter.
(For full text, see report on file in the City Clerk's Office.)
Mr. John Hurley, one of the partners of PNCH and also involved in
the partnership of Lat Purser & Associates, Inc., appeared before
Council and advised that the company was founded twenty-six years ago
as a shopping center developer; that today they manage approximately
fifty shopping centers for themselves as well as other clients and
specialize in shopping centers in the range of 50,000 - 150,000 square
feet, which indicates that they are not a mall developer'but a neigh-
borhood oriented shopping center developer. He said they puFchased
Southwest Plaza in October 1986 because they were impressed with
Roanoke and the growth that has occurred, however, they found that
Southwest Plaza as it currently exists does not have adequate space for
local shops and they see a need to expand to be able to accommodate
more local retailers -- shops in the 1000 - 2000 square feet range. He
presented a brochure regarding the company in order to familiarize
Council with those individuals who are a part of the partnership, and
stated that while PNCH is new to Roanoke, it is not new to Virginia,
noting that they have developed a shopping center of about 50,000
square feet in Lynchburg.
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council and advised that Lat Purser & Associates, Inc.,
owns Southwest Plaza Shopping Center, and they wish to expand and
enlarge by adding a wing onto the property which fronts on Route 419.
He said the expansion will include not more than 25,000 additional
square feet. He stated that the conditions submitted with the petition
are that the parcel would be developed with one or two buildings as an
addition to the shopping center, one building may be an out parcel (a
bank or an institution of that nature), no more than one story high,
and of brick and masonry construction on all sides. He said his client
has proffered that the buildings will not be fast food restaurants,
convenience stores, gas stations, used car lots or car washes, etc.
Mr. Natt said the question comes down to ingress and egress to the
parcel of land, noting that the residents do not want an entrance on
Woodmar Drive. He read from a communication from Mr. Angell R. Zayas,
4929 Woodmar Drive which was read at a meeting of the-City Planning
Commission, as follows: "The people feel they can support the expansion
of the Southwest Plaza if it is done in a manner which will not bring
unnecessary traffic into our neighborhood or threaten our residential
soundness." As a result of the concern expressed by residents, Mr.
Natt said his clients propose to eliminate any entrance from Woodmar
Drive to the property; that ingress and egress will be limited to one
exit area on Woodmar Drive which shall be constructed so as to permit
only a left turn and an exit and entrance on Route 419. He submitted
that insofar as the traffic question is concerned, the proposal will
keep traffic out of the neighborhood and it will improve a condition
which could occur under present zoning.
Mr. Natt said the stat~nent made by Mr. Zayas that the citizens
can go along with the rezoning if his client does not cause unnecessary
traffic through the neighborhood is appropriate; that under his propo-
sal, additional traffic will not go through the neighborhood; that
based upon all the evidence, the rezoning request is appropriate and
falls within the comprehensive plan; and the property is currently
zoned C-2 and could be used for commercial uses without any traffic
control on Woodmar Drive.
Mr. Angell R. Zayas, 4929 Woodmar Drive, S. W., appeared before
Council and read a prepared stat~nent opposing a traffic exit on
Woodmar Drive, advising that the exit onto Woodmar Drive is an unneces-
sary incursion into the neighborhood and wil! be detrimental to proper-
ty; that it will cause a through-way of traffic onto Woodmar Drive and
connecting streets; that the increased traffic will be a menace to
children and elderly citizens; and the roads will become congested and
littered.
Mr. Zayas said the proposed exit also creates a potential traffic
hazard; that generally traffic exits into the flow of traffic, not
against traffic; that City Traffic Engineers say they have never seen
this configuration and indicate that it is dangerous; that even though
the exit is being constructed in such a way that would make it diffi-
cult to make a right turn, some motorists will swing wide and use lawns
to make the turn to avoid traffic on Route 419, bringing about a pre-
carious condition for children playing on front lawns.
Mr. Zayas said residents recognize that Southwest Plaza is a prime
location for business and although they are apprehensive with the
expansion, they are of the opinion that they can support the expansion
if it is done in a manner which will not place unnecessary traffic into
their neighborhood or threaten its residential soundness.
Mr. Zayas proposed that the traffic route be designed so that
traffic would enter from Route 419 where an existing crossover would
provide full access to all traffic movement, flowing around the pro-
posed site and exiting on Route 419, and, by placing a right turn only
~ane at the entrance/exit, traffic would flow north making it unne-
cessary for an exit onto Woodmar Drive. He explained that this is a
widely used traffic pattern in this area.
In concluding, Mr. Zayas said as homeowners, their property is
their largest investment and they hope that Council, being committed to
strong neighborhoods, will strengthen its position by denying the
request and referring it back to the City Planning Commission for the
purpose of eliminating the unnecessary exit on Woodmar Drive.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Ira H. Hurt, Jr., 1910 Airview Road, S. W., appeared before
Council and advised that he cannot understand how a small convenience
for the shopping center would be worth the disruption of the neigh-
borhood. He said that a safety hazard may be created involving traffic
leaving the shopping center and traffic turning onto Woodmar Drive from
Route 419 which could create a bottleneck. He said he could envision
another bottleneck regarding traffic from a proposed apartment complex
for the elderly which is immediately behind the proposed Southwest
Plaza expansion.
Mr. Harvey inquired if the petitioner is willing to proffer at
this time that there will be no entrance or exit on Woodmar Drive;
whereupon, Mr. Natt advised that he would like to request that the
public hearing be continued to allow his clients to confer with pros-
pective tenants.
Mr. Jeffrey Kern, representing Lat Purser and Associates, Inc.,
appeared before Council and advised that he is negotiating with two
tenants which are well known financial institutions in the area who
are interested in the corner in question; that at the present time, a
deal has not been finalized and until then, he is not in ~ position to
say whether or not the exit on Woodmar Drive can be eliminated.
Question was raised as to whether or not the public hearing could
be continued; whereupon, the City Attorney advised that Council has
commenced a properly advertised public hearing and if the public hear-
ing is not concluded but continued until a specific date and hour, the
requirement of readvertising would be avoided.
Mr. Natt requested that the public hearing be continued for a
period of one month to enable him to confer with his clients and pro-
vide Council with a response as to whether or not the Woodmar Drive
exit will be eliminated.
67
68
ACTION:
Nr. Trout offered a substitute motion that the pub)lc hearing be
continued until the regular meeting of Council on Monday, March 9,
1987, at 7:30 p.m., or as soon thereafter as the matter may be heard,
in order for the petitioner to advise Council if it is willing to eli-
minate the Woodmar Drive exit. The motion was seconded by Mr. Harvey
and unanimously adopted.
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be renoved from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions rand committees
appointed by Council and an additional personnel matter.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950)
as amended, was before the body. '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, co~nissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ........... O.
COUNCIL: A communication from Council member James O. Trout
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended was
before the body. '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... -7.
NAYS: None
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INDUSTRIES-CITY GOVERNMENT: Mr. Gary J. Foutz, 3071 Ordway Drive,
N. W., Apt. B, having previously requested time on Council's agenda to
discuss the matter of jobs and improvement of the City of Roanoke, the
City Clerk advised that Mr. Foutz has requested that the item be
carried over until the regular meeting of Council on Monday, March 9
1987, at 7:30 p.m. '
6g
ACTION:
Mr. Trout moved that the request be carried over until the regular
meeting of Council on Monday, March 9, 1987. The motion was seconded
by Mr. tlarvey and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $54,049.00 for school office
equipment and $51,340.00 for audio-visual equipment, representing the
third installment from the Schools' share of the Capital Maintenance
and Equipment Replacenent Fund, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the School Board
was allocated $601,347.00 as its share of fiscal year 1986 CMERP funds;
that Council has appropriated $436,522.00 of the funds for building
modernization, roof renovation and equipment; that if the request is
approved, the School Board will have a balance of $100,001.00 of
unappropriated CMERP funds; and recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following energency budget Ordinance:
(#28519) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 79.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
m
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ..... 7.
NAYS: None ...........
-0.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $8/,188.00 in federal revenue
for the Vocational Education Program, to fund vocational education
teachers for handicapped and disadvantaged students; and further
requesting that $20,533.00 in federal revenue be appropriated for the
Impact Aid Program, to provide funds for the continuing employment of a
grants technician, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Vocational
Education and Impact Aid Grants are funded with 100 per cent federal
funds; and recommending that Council concur in the request, was also
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
{#28520) AN ORDINANCE to amend and reordain certain sec. tions of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 80.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None-- .0.
70
ACTION:
REPORTS OF OFFICERS:
CITY t'~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-HOUSING-PLANNING: The City Manager sub-
mitred a written report advising that the Roanoke Redevelopment and
Housing Authority (RRHA) has acquired property in the Gainsboro Redeve-
lopment/Conservation area over the years to be sold for new develop-
ment; that acquisition of this property was by CDBG funds; that state
law provides that the RRHA may make this property available for deve-
lopment at "fair value", which represents the value at which the
authority determines such land should be made available'in order that
it may be developed, conserved or redeveloped ..."; that property has
been sold by the RRHA in the past for $1 or other nominal amounts
determined to be "fair value"; and proceeds of the sale of such pro-
perty is program income to the CDBG program and as such, the RRHA will
return the funds to the City.
It was explained that plans for relocation of houses from Shade-
land Avenue to Gainsboro were developed cooperatively by staff of
Virginia Mountain Housing, Inc., and the City, in consultation with the
staff of RRHA and other agencies; that the plans were based i~ part on
availability of lots from RRHA at no cost; and any cost of the lots
would result in higher cost to home-buyers and jeopardize the success
of the project.
it was further explained that the Housing Authority has determine
that "fair value" in the case of the first two lots in Gainsboro (Tax
No. 2021766, 2021767 and 2021768 combined, at the corner of Harrison
Avenue and Third Street, N. W.) for the housemovin9 project would be
the appraisal value of $1800.00 each; that "fair value" of five to nine
additional lots needed for the project has not yet been determi,~ed; and
arrangements need to be made to offset the cost of the lots without
increasing the cost of the overall project or of individual houses to
be moved or rehabilitated.
The City Manager recommended that he be autl~orized to execute an
agreement providing for the grant of $3,600.00 from CDBG Account No.
035-086-8605-5063, Gainsboro Vacant Lot Homesteading, to Virginia
Mountain Housing, Inc., to buy the first two lots from the RRHA for the
relocation of houses from Shadeland Avenue. It was noted that a
request for similar funding arrangement for additional lots in Gains-
boro for the Shadeland Relocation Project will be made to Council when
the "fair value" and sales price of those lots are determined.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
%
(#28521) AN ORDINANCE authorizing the execution of an agreement
with Virginia Mountain Housing, Inc.; and providing for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 81.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ........ -0.
BRIDGES: The City Manager submitted a written report' advising
that Alleghany Construction Company, Inc., submitted a base bid, in the
amount of $486,653.00, for replacement of Mason Mill Road Bridge over
Tinker Creek, which was accepted by Council, pursuant to Ordinance No.
28304; that the project includes a contract amount of $486,653.00, and
a time limit of 180 consecutive calendar days; that the November 4,
1985, flood demolished the former Mason Mill Road Bridge over Tinker
Creek; that the 53 year old, one-lane, steel truss bridge had a four-
ton weight capacity; that the new bridge will provide two travel lanes
,!
on an improved alignment (total of 30 feet in width), sidewalk on one
side, and timber guardrail; that the length of the new four span bridge
will be 202 feet (the former bridge was 131 feet) and there will be no
weight restriction for vehicles crossing the bridge.
It was explained that excavations made by the contractor to pour
concrete footings (bridge foundation) for three piers and two ab~,tments
found several mud seams as well as some uneven rock; that this required
additional excavat'ion which in turn requires additional concrete for
the footings; that it was previously estimated that 223.3 cubic yards
of concrete would be needed for the footings; that this project now
requires an additional 91.8 cubic yards for the footings, at a co§t ol~
$320.00 per cubic yard, amounting to $29,376.00; and concrete for foot-
ings can often be a difficult quantity to estimate for new bridges
built over waterways due to inconsistent underground conditions common
in our region.
It was further explained that funding, in the amount of
$29,376.00, is available from the $40,000.00 project contingency fund;
that the contract would increase to $516,029.00 by virtue of Change
Order No. 1, in the amount of $29,376.00; that the same unit prices
used in the original low bid would also be used in this change order;
that no additional time is being added for this change order; that pro-
ject funding is eligible for State and Federal reimbursement inasmuch
as the bridge is being replaced due to the flood; and the work involved
in Change Order No. I is also eligible for reimbursement.
The City Manager recommended that he be authorized to execute
Change Order No. 1, in the amount of $29,376.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency OrdinanEe:
(#28522) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Alleghany Construction
Company, Inc., for the replacement of Mason Mill Bridge over Tinker
Creek; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 81.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... .7.
NAYS: None ......
.0.
NORFOLK SOUTHERN CORPORATION-SEWERS AND STORM DRAINS: The City
Manager having previously placed a report on the agenda with regard to
an agreenent between the City and Norfolk Southern Corporation for
construction of a storm drain under the siding on Whitmore Avenue,
S. E., the City Manager orally requested that the item be carried over
until the regular meeting of Council on Monday, February 11, 1987.
ACTION: Mr. Harvey moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Musser and adopted, Council
~ ~ember Trout abstained from voting inasmuch as he is employed by Nor-
- ~.~ ~felk ~Outhern Cor~l~ation.
· .SEWERS AND STORM DRAINS: The City Manager having' previouS1y
~ placed a report on the agenda with regard to developer participation in
i costs for improv~nents to the Norwood Sanitary Sewer System to assure
capacity for service in the Norwood area, the City Manager orally
requested that the item be withdrawn.
'ACTION:
Mr, Trout moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Harvey and unanimously
adopted.
71
72
REPORTS OF COMHITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CONMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:25 p.m., the Mayor declared tile meeting in recess.
At 10:00 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE NEIGHBORttOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of Shirley G. Morck, for a term ending
November 22, 1988, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Gwen Carter.
There being no further nominations, Ms. Carter was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee, to
fill the unexpired term of Shirley G. Morck, resigned, ending
November 20, 1988, by the following vote:
ACTION: FOR MS. CARTER: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
ACTION:
Mr. Harvey moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Musser and unanimously
adopted.
LEAGUE OF OLDER AMERICANS: The Mayor advised that the one year
term of James D. Ritchie as the City's representative to the Advisory
Council, League of Older Americans, will expire on February 28, 1987,
and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of James D. Ritchie.
There being no further nominations, Mr. Ritchie was reelected as
the City's representative to the Advisory Council, League of Older
Americans, for a one year term ending February 28, 1988, by the
following vote:
ACTION: FOR I~R. RITCHIE: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles a~ Mayor Taylor ....... 7.
There being no further business, the Mayor declared the meeting
adjourned at 10:05 p.m.
APPROVED
ATTEST:
City C1 erk
SPECIAL SESSION ROANOKE CITY COUNCIL
February 13, 1987
11:30 a.m.
73
II
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 13, 1987, at 11:30 a.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, with Mayor Noel C.
Taylor presiding.
. ~ C°un~il t~em6ers David A.
~ .~1~1 a.m,),- Rob~ .A,--G~la~, Howa~
Noel C' Taylor .............
~ ABSENT:
Bowers, Elizabeth T. Bowles (arrived
E. Musser, Jam. e,~~O~.T~oul~: ~nd Mayor
· '--- · .... ~-'~-6.
Council member James G. Harvey, II
OFFICERS PRSENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The following communication calling the special meeting, was
before Council.
"February 12, 1987
ACTION:
Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10 of the Roanoke City Charter,
this is to advise you that there will be a special
meeting of Council on Friday, February 13, 1987, at
11:30 a.m., in the City Council Chamber. The pur-
pose of the meeting is to consider the issue of
endorsing a candidate for a vacancy on the Supreme
Court of Virginia.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
CC:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary F. Parker, City Clerk"
Mr. Trout offered the following Resolution:
(#28523) A RESOLUTION endorsing and supporting The Honorable
Jack B. Coulter, Judge of the Circuit Court of the City of Roanoke, for
election to the Supreme Court of Virginia.
(For full text of Resolution, see Resolution Book No. 50, page 82.)
At this point, 11:40 a.m., Mrs. Bowles entered the meeting.
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
74
AYES:
Mayor Taylor .......
NAYS: None ....
(Council member Harvey was absent.)
There 'being no further business, the Mayor declared the special
meeting adjourned at 11:45 a.m.
Council members Bowers, Bowles, Garland, Musser, Trout and
6.
~ ~ ~'ATTEST: p~
City C1 erk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 11, 1987
2:00 p.m.
75
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 17, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended. (Monday, February 16, 1987, was the official observance of
Washington's Birthday; therefore, pursuant to Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended, the Council 'meeting was held on
Tuesday, February 17, 1987.)
PRESENT: Council members James G. Harvey, ii, Howard E. Musser,
James O. Trout, David A. Bowers, Robert A. Garland and Mayor Noel C. Taylor---6.
ABSENT: Council member Elizabeth T. Bowles
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of /knerica
was led by Mayor Taylor.
over.
Presentation of the Distinguished Budget Preparation Award was carried
ACTION:
ACTION:
BID OPENINGS:
INDUSTRIES-STREETS AND ALLEYS: Pursuant to notic~ of advertise-
ment for bids for Blue Hills Drive Extension, Phases I and II, said
proposals to be received by the City Clerk until 1:30 p.m., on Tuesday,
February 17, 1987, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the advertise-
ment for bids, and no representative present raising any question, the
Mayor instructed the City Clerk to proceed with the openiny of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
L. H. Sawyer Paving Co., Inc.
Adams Construction Company
S. R. Draper Paving Co., Inc.
Branch & Associates, Inc.
Allegheny Construction Co., Inc.
$847,086.85
878,752.68
893,483.18
915,706.10
965,405.62
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
76
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that iten will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss a personnel matter; two mat-
ters of disposition of publicly held property; and a matter of acquisi-
tion of real property for public purposes. ,
MINUTES: Minutes of the regular meeting of Council held on
Monday, January 12, 1987; the special meeting held on Tuesday,
January 20, 1987; the regular meeting held on Tuesday, January 20,
1987; the special meeting held on Monday, January 26, 198/; and the
regular meeting held on Monday, January 26, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ................... 6.'
NAYS: None ........
(Council member Bowles was absent.)
COUNCIL: A communication from Council member James O. Trout
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ....... 6.
NAYS: None
(Council member Bowles was absent.)
-0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (al (2), Code of Virginia (1950), as amended, was
bef,~re the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None .........
(Council member Bowles was absent.)
ACTION:
ACTION:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss acquisit|on of real property for public purposes,
pursuant to Section 2.1-344 (al (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss acquisition of real
property for public purposes, pursuant to Section 2.1-344 (al (2), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None .....
O®
(Council member Bowles was absent.)
ZONING: A report of qualification of Richard A. Rife as a member
of the Board of Zoning Appeals for a term of three years ending
Decenber 31, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and ~opted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ......... 6.
NAYS: None ........
(Council member Bowles was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to disposition of publicly held
property, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia {1950), as amended. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Counci! members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None ........
(Council member Bowles was absent.)
77
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INDUSTRIES-ANNUAL REPORTS: Mr. Jack C. Smith, Chairman, Indus-
trial Development Authority of the City of Roanoke, appeared before
Council and presented an annual report on activities of the Authority
for the period ending June 30, 1986.
(For full text, see annual report on file in the City Clerk's Office.)
Mr. Trout moved that the annual report be received and filed. The
motion was seconded by Mr. Garland and adopted.
78
PLANNING-ANNUAL REPORTS: Mrs. Susan S. Goode, Chairman, City
Planning Commission, appeared before Council and presented the 1986
Annual Report and 198/ Work Program for the Commission.
(For full text, see annual report and work program on file in the City
Clerk's Office.)
Mrs. Goode orally advised of the following matters accomplished by
the Planning Commission in 1986:
Adoption of the Comprehensive Plan,
New zoning laws,
Currently working on the new zoning map, and
Subdivision Ordinance will be presented to Council later this
year.
She said this past year, rezonings have been up fifty per cent,
subdivision requests have been up forty per cent, and there have been
eighty site plan reviews. She added that it has been a busy and pro-
ductive year for the planning staff and the workload will not decrease.
Other areas in which additional staff assistance will be needed is
regarding Roanoke Vision which calls for reorganization of planning
staff so that staff will provide support for the Board of Zoning
Appeals and the Architectural Review Board. Another area for needed
staff support is component plans for the various departments ~ich need
to be coordinated with the neighborhoods so that the needs of neighbor-
hoods are met.
In summary, Mrs. Goode requested that additional staff support be
provided to take care of increased routine work, demands that will
result from the Comprehensive Plan, additional assistance to the Board
of Zoning Appeals and the Architectural Review Board, coordination of
component plans, site plan reviews, and continuing planning efforts in
the neighborhoods.
ACTION:
Mr. Trout moved that the annual report and work program be
received and filed; and that the request of the Planning Commission for
additional staff assistance be referred to the City Manager for report
to Council during fiscal year 1987-88 budget study. The motion was
seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $93,246.00 for Vocational
Education Equipment, advising that funding for this equipment has been
made available as a result of the receipt of Perkins Act monies and
federal matching funds, was before the body.
A further communication from the School Board requesting the
transfer of $130,896.00 from the fiscal year 1986 Chapter I Winter
Program to the fiscal year 1986 Chapter I Carryover Program, to expend
the balance of the fiscal year 1986 Chapter I allocation, was also
before Council.
(For full text, see communications on file in the City Clerk's Office.)
A report of the Director of Finance advising that the grant is
funded with fifty per cent federal funds and fifty per cent local
funds; that funding for the fiscal year 1986 Chapter I Carryover
Program is 100 per cent federal funding; and recommending that Council
concur in the requests, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Husser offered the following emergency budget Ordinance:
(#28524) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 84.)
ACTION:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ..................... 6.
NAYS: None-- O.
(Council member Bowles was absent.)
BUDGET-SCHOOLS: A communication fr~n the Roanoke City School
Board requesting that Council close 24 completed school grants and make
necessary appropriation adjustments, as follows, was before the body.
REQUEST TO CLOSE SCHOOL GRANT
FY 1985 Chapter ! Carryover 124-85-3
6115
The ECIA Chapter I Carryover program expended federal funds in the
amount of $566,179.31 to provide reading, langu~3e arts and mathematics
instruction for students in targeted schools. The program ended
September 30, 1986.
Appropriations, expenditures a~d revenues are equal for the grant.
Appropriation Unit ZIB should be closed.
REQUEST TO CLOSE SCHOOL GRANT
FY 1986 Chapter I Summer 124-86-2
6116
The EC!A Chapter ! Summer program expended federal funds in the mmount
of $138,923.21 to provide instruction and guidance to targeted schools
during the summer term. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit ZIC should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6116-6001-0110 Director. $( 442.00)
-0116 Clerical ( 9.00)
-0118 In-Service Training (2,695.00)
-0121 Nurse 111.00
-0122 Counselor 372.00
-0131 Delivery Driver ( 452.00)
-0136 Teacher Aide (4,180.00)
-0137 Teachers (15,759.00)
-0138 Transportation of Pupils (2,267.00)
-0204 Soc. Sec. Instr. 7,077.00
-0205 Soc. Sec. Non-Instr. (8,499.00)
-0206 Retirement Instr. ( 47.00)
-0207 Retire~,ent Non-Instr. (2,504.00)
-0208 SGLI Instr. ( 58.00)
-0209 SGLI Non-Instr. ( 181.00)
-0212 Student Insurance ( 250.00)
-021/ Indirect Costs ( 621.00)
-0303 Administrative Supplies ( 169.00)
-0312 Counselor Supplies ( 150.00)
-0319 Food Costs 436.00
-033802 Miscellaneous ( 295.00)
-0339 Instructional Supplies (4,505.00)
-0401 Administrative Travel ( 656.00)
-040401 Counselor Travel ( 617.00)
$(36,360.00)
79
035-060-6116-1102 $ (36,360.00)
80
REQUEST TO CLOSE SCHOOL GRANT
Chapter II 84-85
6213
The 1984-85 Chapter I! program expended federal funds in the amount of
$1/3,794.06 and local match funds in tile amount of $453.46 to provide
guidance and instruction to targeted students. The program ended
September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
,nay be equal, the following decrease in Appropriation Unit Z2A should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6213-6001-0112 Counselors $(1,859.00)
-0118 In-Service Education (1,916.00)
-0217 Indirect Costs ( 720.00)
-0307 Educational Practices 111.00
-0309 Mathematics Development 1.00
-0310 Library Materials 1.00
-0510 Instructional Equipment ( 15.00)
$(4,397.00)
$ 454.00
(4,851.00)
$(4,397°00)
035-060-6213-1101
035-060-6213-21102
Local Match
Federal Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
Professional Development Block Grant 84-85
6214
The 1984-85 Professional Development Block Grant program expended
federal funds in the amount of $31,122.10 and local match funds in the
amount of $17,512.96 to provide professional development for staff mem-
bers. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z2B should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
..(,DECREASE)
035-060-6214-6045-0307
-0308
In-Servce Training
Consultants
$ 2,301.00
(3,665.00)
$(1,364.00)
$ 17,513.00
(18,877.00)
$(1,364.00)
035-060-6214-1101
035-060-6214-1102
Local Match
Federal Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
ESAA Title VI
6305
The ESAA Title VI program expended federal funds in the amount of
$227,427.00 to provide guidance and counseling assistance to improve
student attendance. The program ended September 30, 1986.
Appropriations, expenditures and revenues are equal, for the grant.
Appropriation unit Z3A should be closed.
REQUEST TO CLOSE SCHOOL GRANT
Vocational Summer Youth Employment 85-86
6409
The 1985-86 Vocational Summer Youth Employment program expended federal
funds in the amount of $28,373.45 to provide training to students in
the areas of electricity, carpentry and masonry. The program ended
Septe~lber 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z4A should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6409-6015-0137 Teachers $ 1,156.00
0138 Transportation of Pupils ( 451.00)
0204 Social Security 88.00
0338 Participants (5,726.00)
$(4,933.00)
81
035-060-6409-1102
Federal Grant Receipts
$(4,933.00)
REQUEST TO CLOSE SCHOOL GRANT
Flow Through 84-85
6534
The 1984-85 Flow Through program expended federal funds in the amount
of $3/4,825.00 and state funds in the amount of $99,295.00 to provide
aid for the education and guidance of handicapped students. The
program ended Septenber 30, 1986.
Appropriations, expenditures and revenues are equal for the grant.
Appropriation unit ZSA should be closed.
REQUEST TO CLOSE SCHOOL GRANT
Transitional Services 84-85
6535
The 1984-85 Transitional Services program expended federal funds in the
amount of $2,864.86 and local match funds in the amount of $1,087.35 to
provide class placenents and mental health services to ensure a smooth
transition for handicapped students entering the school system. The
program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit ZSB should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6535-6010-0307 School Climate Study $( 897.00)
-0308 Consultation Services (1,285.00)
-0309 Instructional Supplies ( 382.00)
-0402 Instructional Travel .( 87.00)
$(2,651.00)
$ 1,088.00
(3,739.00)
035-060-6535-1101
035-650-6535-1102
Local Match
Federal Grant Receipts
$(2,651.00)
82
REQUEST TO CLOSE SCHOOL GRANT
Project RAVE 84-85
6536
The 1984-85 Project RAVE program expended federal funds in the amount
of $17,426.44 and local match funds in the amount of $1,356.23 to pro-
vide vocational assessments which evaluated secondary handicapped stu-
dents. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z5C should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6536-6010-0112 Consultants $( 323.00)
-0118 In-Service Training { 555.00)
-0309 Instructional Materials { 343.00)
-0401 Travel 34.00
-051002 Equipment ( 30.00)
Local Match
Federal Grant Receipts
035-060-6536-1101
035-060-6536-1102
$(1,217.00)
$ 1,356,00
(2,573.00)
$(1,217.00)
REQUEST TO CLOSE SCHOOL GRANT
Special Education Tuition 85-86
6537
The 1985-86 Special Education Tuition program expe~ed state funds in
the amount of $183,418.94 to provide for the placement of special edu-
cation students at the direction of the State Department of Education.
An increase in appropriation is necessary to reflect the level of state
funding provided to the Roanoke City Schools. The program ended
September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following increase in Appropriation Unit Z5D should
be made.
ACCOUNT HUMBER
035-060-6537-6010-0306
INCREASE
DESCRIPTION .(DECREASE)
Tuition $ 8,4i9.00
035-060-6537-1100
State Grant Receipts
$ 8,419.00
REQUEST TO CLOSE SCHOOL GRANT
F1 ow Through 85~86
6539
The 1985-86 Flow Through program expended federal funds in the amount
of $376,470.00 and state funds in the amount of $102,925.00 to provide
for the education and guidance of special education students. The
decrease in appropriation is necessary to reflect the reduction of
federal funding provided to the Roanoke City Schools for the program.
The program ended Sept~ber 30, 1985.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z5E should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
~DECREASE )
035-060-6539-6010-0112 Teachers $(8,569.00)
-0117 Aides 6,852.00
-0118 In-Service Training ( 715.00)
-0204 Fringe Benefits 10,858.00
-0308 Health Services (26,281.00)
-0309 Suppl i es ( 365.00)
-0311 Computer Software (1,715.00)
-0401 Travel (3,489.00)
$(23,424.00)
$(23,424.00)
035-060-6539-1102
Federal Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
Juvenile Detention Home 85-86
6540
The 1985-86 Juvenile Detention Home program expended state funds in the
amount of $38,926.63 to provide for the salary and expenses of the con-
sultant at the detention home. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z5F should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
IDECREASE)
035-060-6540-6010-0204 Fringe Benefits $ 449.00
-0309 Supplies ( 22.00)
-0401 Travel ( 473.00)
$( 46.00)
$( 46.00)
035-060-6540-1100
State Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
Bureau of Crippled Children 85-86
6541
The 1985-86 Bureau of Crippled Children program expended state funds in
the amount of $46,415.00 and local match funds in the amount of
$2,201.73 to provide for the salary and expenses of the consultant at
the bureau. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following increase in Appropriation Unit Z5G should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6541-6010-0112 Salary $ 2,380.00
-0204 Fringe Benefits 882.00
-0309 Supplies ( 125.00)
-0401 Travel ( 935.00)
$ 2,202.00
035-060-6541-1101 Local Match $ 2,202.00
84
REQUEST TO CLOSE SCHOOL GRANT
Child Development Clinic 85-86
6542
The 1985-86 Child Development Clinic program expended state funds in
the amount of $45,895.22 to provide for the salary and expenses of the
consultant at the clinic. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z5H should
be made.
INCREASE
ACCOUNT NUMBER DESCRIPTION (DECREASE)
035-060-6542-6010-0204 Fringe Benefits $ 311.00
-0309 Supplies 95.00
-0401 Travel ( 925.00)
035-060-6542-1100
State Grant Receipts
$( 519.00)
$( 519.00)
REQUEST TO CLOSE SCHOOL GRANT
Preschool Incentive 85-86
6545
The 1985-86 Preschool Incentive program expended federal funds in the
amount of $6,384.53 and local match funds in the amount of $2,288.00 to
provide orientation and instruction for handicapped students who were
entering the school system for the first time. The program ended
September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following increase in Appropriation Unit Z5K should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
.(.DECREASE )
035-060-6545-6010-0120 Psychologist $( 770.00)
-0137 Teachers ( 8.00)
-0204 Social Security ( 54.00)
-0309 Supplies 1,037.00
-0510 Instructional Equipment ( 168.00)
035-060-6545-1101
035-060-6545-1102
Local Match
Federal Grant Funds
37.00
2,288.00
2,251.oo)
37.00
REQUEST TO CLOSE SCHOOL GRANT
Seat Belt Safety
660/
The Seat Belt Safety program expended federal funds in the amount of
$4,589.60 and local match funds in the amount of $5,077.59 to provide
instruction about the use of safety belts. The program ended
September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the followi~§ decrease in Appropriation Unit Z6A should
be made.
85
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-660/-6070-0125 Instructor $(1,426.00)
-0205 Social Security ( 101.00)
-0308 Instructional Vehicle (1,000.00)
-0309 Instructional Materials (1,805.00)
$(4,332.00)
$(1,922.00)
(2,410.00)
$(4,332.00)
m
035-060-6607-1101
035-060-660/-1102
Local Match
Federal Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
Apprenticeship 85-86
6717
The 1985-86 Apprenticeship program expended state funds in the amount
of $8/,286.36 to provide on-the-job and classroom vocational instruc-
tion. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z7A should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6717-6015-0204 Fringe Benefits $(1,929.00)
-0308 Instructors (18~005.00)
-0401 Travel _( 8.00)
$(19,942.00)
$(19,942.00)
035-060-6717-1100
State Grant Receipts
REQUEST TO CLOSE SCHOOL GRANT
ABE/DIAL 85-86
6718
The 1985-86 ABE/DIAL program expended federal funds in the amount of
$35,044.50 and local match funds in the amount of $15,975.54 to provide
adult basic education. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit ZTB should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6718-6015-0139 Secretary $ 108.00
-0140 Aides ( 701.00)
-0141 Teachers (7~970.00)
-0204 Fringe Benefits ( 171.00)
-0329 Telephone Service ( 391.00)
-0340 Supplies (1,160.00)
$(lO,285.oo)
$(6,219.00)
...(4,066.00)
035-060-6718-1101
035-060-6718-1102
Local Match
Federal Grant Receipts
$(lO,285.oo)
86
REQUEST TO CLOSE SCHOOL GRANT
GED Test 85-86
6/19
The 1985-86 GED Test program expended fees in the amount of $3,87/.70
to provide instructors for the administration of the GED examinations.
The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the fo)lowing decrease in Appropriation Unit Z/C should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6719-6015-0113 -0204
Examiners
Socia! Security
$(1,046.00)
( 76.00)
$(1,122.00)
$(1,122.00)
035-060-6719-1103
Fees
Vocational
REQUEST TO CLOSE SCHOOL GRANT
Education for the Disadvantaged and Handicapped 85-86
6721
The 1985-86 Vocational Education for tile Disadvantaged and Handicapped
program expended federal funds in the amount of $100,197.59 to provide
for disadvantaged and handicapped students to participate in the
exploring technology and work experience cooperative programs. The
program ended September 30, 1986.
Appropriations, expenditures and revenues are equal for the grant.
Appropriation unit Z7E should be closed.
REQUEST TO CLOSE SCHOOL GRANT
SAT Preparation 85-86
6914
The 1985-86 SAT Preparation program expended fees in the amount of
$3,226.00 to provide instructors for the Scholastic Aptitude Test
review. The program ended September 30, 1986.
Appropriations, expenditures and revenues are equal for the grant.
Appropriation unit zgc should be closed.
REQUEST TO CLOSE SCHOOL GRANT
Governor's School 85-86
6918
The 1985-86 Governor's School program expended fees in the amount of
$89,600.00, state funds in the amount of $224,095.00 and local match
funds in the amount of $82,601.98 to provide science instruction to
gifted high school students from the area surrounding and including
Roanoke City. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the fo)lowing decrease in Appropriation Unit ZgE should
be made.
ACCOUNT NUMBER
035-060-6918-6005-0110
-0113
-0116
-0204
-0305
-0307
-0308
-0309
-0311
-0402
-0403
DESCRIPTION
Principal
Teachers
Secretary
Fringe Benefits
Contracted Tuition
Part-Time Positions
Field Trips
Supplies
Textbooks
Administrative Travel
Conference Travel
INCREASE
(DECREASE)
$(3,346.00)
2,234.00
( 821.00)
2,760.00
( 897.00)
(9,666.00)
227.00
10,550.00
( 680.00)
1,067.00
(1,544.00)
$( 116.00)
87
035-060-6918-1100
035-060-6918-1101
035-060-6918-1103
State Grant Funds
Local Match
Fees
$ 2.00
(1, 98.00)
1,280.00
$( 167.00)
REQUEST TO CLOSE SCHOOL GRANT
Refugee Program85-86
6919
The 1985-86 Refugee program expended federal funds in the amount of
$13,233.88 to provide instruction in English as a second language to
eligible refugee children within the school division. The program
ended September 30, 1986.
Appropriations, expenditures and revenues are equal for the grant.
Appropriation unit Z9F shou]d be closed.
REQUEST TO CLOSE SCHOOL GRANT
Science Fair 85-86
6920
The 1985-86 Science Fair program expended fees in the amount of
$3,080.00 and local match funds in the amount of $876.30 to provide for
the cost of Roanoke City Schools to host the 28th Regional Science
Fair. The program ended September 30, 1986.
In order that appropriations, expenditures and revenues for the grant
may be equal, the following decrease in Appropriation Unit Z9G should
be made.
ACCOUNT NUMBER
DESCRIPTION
INCREASE
(DECREASE)
035-060-6920-6063-0308 Transportation of Projects $( 500.00)
-0309 Fees 10.00
-0402 Travel ( 833.00)
$(1, 24.00)
$( 724.00)
( 600.00)
$(1,324.00)
035-060-6920-1101
035-060-6920-1103
Local Match
Fees
(For full text, see communication on file in the City Clerk's Office.)
88
ACTION:
ACTION:
A report of the Director of Finance advising that he has reviewed
the request; that the request is proper since each of the grant pro-
grams have been completed as of September 30, 1986; and recommending
that Council concur in the request of the School Board, was also before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28525) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 85.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ...... 6.
NAYS: None-- O.
(Council member Bowles was absent.)
At 2:30 p.m., the Mayor declared the meeting in recess.
At 2:50 p.m., the meeting reconvened in the Council Chamber with
all members of the Council in attendance, with the exception of Mrs.
Bowles, Mayor Taylor presiding.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS-RAILROAD SIDINGS: The City Manager sub-
mitred a written report advising that the Whitmore Avenue storm drain
was designed to alleviate a drainage problem in a low area in and
around the railroad siding in the alley east of Whitmore Avenue; that
the standing water creates a problem for vehicles entering Virginia
Scrap Iron and Metal Company and Roanoke City Mills; that the proposed
storm drain will be constructed by the City of Roanoke Utility Lines
Department; and the estimated cost of materials for the project is
$2,200.00 and funds are available in existing operating accounts.
It was explained that Norfolk Southern Corporation requires a
signed agreement with the City of Roanoke relieving them of all
expense, legal liability for the crossing and assurance that no inter-
ference ~ll result to the maintenance or operation of the railway;
that there will be no cost to the City by Norfolk Southern for this
crossing agreement; and transmitting copy of the letter of agreement
furnished by Norfolk Southern under date of December 19, 1986.
The City Manager recommended that he be authorized to execute the
agreement enabling the City to proceed with the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28526) AN ORDINANCE authorizing the proper City officials to
execute an agreement with the Norfolk Southern Corporation for the
Whitmore Avenue Storm Drain Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 88.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
m
m
AYES:
Taylor ....
Council members Harvey, Musser, Bowers, Garland and Mayor
5.
NAYS: None ............ O.
(Council member Bowles was absent.) (Council member Trout abstained
from voting inasmuch as he is enp)oyed by Norfolk Southern Corpora-
tion.)
BUDGET-PUBLIC WORKS (CITY ENGINEER): The City Manager submitted a
written report advising that major snowstorms occurred in the Roanoke
Valley on January 22, 1987, and again on January 25/26, 1987; that
these two storms depositeo nearly 25 inches of snow accumulation at
Roanoke Regional Airport; that in all of 1983-84, 1984-85 and 1985-86,
only 26 inches of snow fell at the airport; that the 1986-87 city
budget included $83,145.00 for Snow Removal from the City's streets and
rights-of-way for overtime salaries and chemicals, and other operating
accounts are used for regular salary and equipment costs; and airport
snow removal operations also occurred by departments not funded in the
General Fund, and those operations, while significant, are generally
not included in the report.
It was explained that City employees worked continuously from
3:30 a.m., Thursday, January 22, unil 7:00 p.m., Tuesday, January 28,
in an effort to combat the unusual snowfall; that manpower and equip-
ment continued to operate at night and on the weekend through
February I responding to specific requests for service from citizens;
that approximately 4500 hours of regular time and 5000 hours of over-
time were expended by City personnel plowing and salting streets,
keeping equipment in service, etc., and salary cost was approximately
$93,000.00,
It was further explained that City equipment was operated for 5215
hours; that in addition to the fuel, parts, and supplies costing
approximately $19,0n0.00, the wear and tear on equipment is almost
incalculable; that 1431 tons of rock salt were spread on streets and
bridges throughout the City, with a value of $53,762.50; and the total
cost to the City for the recent snowstoms was approximately
$316,000.00.
The City Manager recommended that Council appropriate $50,000.00
from General Fund Contingency Account No. 001-002-9410-2199 into the
following accounts:
Snow Removal Overt ime
Snow Removal FICA
001-052-4140-1003
001-052-4140-1120
$46,700
$ 3,300
(For full text, see report on file in the City Clerk's Office.)
The Director of Public Works appeared before Council and presented
an updated oral report, advising that from approximately 3:30 a.m., on
Thursday, January 22, until 7:00 p.m., on Tuesday, January 28, 135 con-
secutive hours, the garage was open and equipment was in service around
the clock on twelve hour split shifts pushing snow off the streets of
Roanoke.. He said updated figures show that approximately 6200 hours of
regular time and 5900 hours of overtime were expended in that effort.
The salary cost alone in overtime and regular salaries is approximately
$115,000.00. City equipment was operated 6313 hours. While the total
dollar figure for fuel, parts and supplies of approximately $20,000.00
does not sound significant, he stated that the impact on equipment of
running 135 consecutive hours ~thout stop is almost incalculable and
is the equivalent of about one month's worth of work from that equip-
ment. Mr. Clark said 1466 tons of rock salt were used at a value of
approximately $57,000.00, and total cost of the January storm was
approximately $374,000.00. '
Mr. Garland offered the following emergency budget Ordinance:
(#28527) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 88.)
B9
90
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor- -6.
NAYS: None ....... O.
(Council member Bowles was absent.)
SEWERS AND STORM DRAINS-RAILROAD SIDINGS: The City Manager sub=
mitred a written report advising that the fiscal year 1985-86 budget
contained various capital improvement and maintenance projects in the
Sewer Enterprise Fund budget; that included in the approved budget were
funds for replacement of the Mud Lick Sanitary Sewer from the Roanoke
River Interceptor upstream to Grandin Road, S. W.; and the City Admini-
stration proceeded with the design and development of final plans and
contacted the Norfolk and Western Rail way Company in regard to the
underground occupation of their right-of-way.
It was explained that the railway company forwarded to the City a
"License for Pipe Line Facility"; that the license requires the City to
indemnify the railway for any damage, loss, claim, etc., caused by
reason of the construction, use of maintenance of the pipeline; and
bids for construction of the project are to be advertised within the
near future.
The City Manager recommended that Council adopt a measure authori-
zing the execution of the license for pipe line facility with the
Norfolk and Western Railway Company; and authorize the Director of
Finance to transfer funds for the license, in the amount of $2,250.00,
from the Construction Contingency Account No. 003-056-8405-9003 in the
Sewer Enterprise Fund to the Mud Lick Creek Sanitary Sewer Construction
Account No. 003-056-8418-9003.
(For full text, see report on file in the City Clerk's Office.),
Mr. Garland offered the following emergency budget Ordinance:
(#28528) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 89.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Garland and Mayor
Taylor ........... --5.
NAYS: None ........... -0.
(Council member Bowles was absent.) (Council member Trout abstained
from voting inasmuch as he is employed by Norfolk Southern Corpora-
tion.)
Mr. Garland offered the following emergency Ordinance:
(#28529) AN ORDINANCE authorizing the City's execution of a writ-
ten license agreement with Norfolk & Western Railway Company providing
for a right to the City to install and maintain a pipeline facility
over said Company's property; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 89.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
91
AYES: Council members Harvey, Musser, Bowers, Garland and Mayor
Taylor- 5.
NAYS: None-- O.
(Council member Bowles was absent.) (Council member Trout abstained
from voting inasmuch as he is enployed by Norfolk Southern Corpora-
tion.)
HOUSING: The City Manager submitted a written report advising
that HUD periodically has allocated funds known as "Section 312 funds"
to be loaned to homeowners for rehabilitation; that these rehabilita-
tion loans in Roanoke have been made at four per cent interest to low-
moderate income homeowners in the City's Conservation Areas and Rehabi-
litation Districts; and administration of the Section 312 Program in
Roanoke has been by the Roanoke Redevelopment and Housing Authority.
It was explained that HUD has notified the City that Section 312
funds are available now to be loaned for rehabilitation; that no speci-
fic allocation of funds has been made to the City, rather, approxima-
tely $1.2 million has been allocated to Virginia by HUD and will be
reserved for applications from across the state on a first come first
served basis; and contract for services with the Housing Authority.
currently does not provide for administration of the Section 312
Program because no funds were expected when the contract was prepared.
The City Manager recommended that he be authorized to execute an
amendment to the contract for services with the Housing Authority to
provide for the administration of the Section 312 Program, with pa~nent
of no additional compensation, such amendment to be approved as to form
by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
ACTION:
(#28530) AN ORDINANCE authorizing execution of an Amendment to
the current Contract for Services with the City of Roanoke Redevelop-
ment and Housing Authority providing for the administration by the
Housin9 Authority of the Section 312 Program, with pa~nent of no addi-
tional compensation to the Authority, upon certain terms and condi-
tions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 90.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor- ----6.
NAYS: None--
(Council member Bowles was absent.)
EQUIPMENT: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that Council accept the
bid of Shelton-Witt Equipment Corporation, to provide one new loader/-
backhoe, for the total amount of $29,675.95, and that all other bids be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following anergency Ordinance:
ACTION:
(#28531) AN ORDINANCE accepting the bid for a new utility loader;
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 90.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ............................... 6.
NAYS: None ...........................
(Council member Bowles was absent.)
EQUIPMENT: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that Council accept the
bid of Southern Paint Products, Inc., to supply 6,130 gallons of traf-
fic paint, for the total amount of $23,160.90; and that all other bids
be rejected.
(For ful) text, see reports on fi]e in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28532) AN ORDINANCE accepting bids made for traffic paint;
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 91.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor .......... 6.
NAYS: None ............ O.
(Council member Bowles was absent.)
EQUIPMENT: The City Manager submitted a written report concurring
in a report of the Bid Committee recommending that Council accept the
bid of Berglund Chevrolet, in the amount of $32,747.46, for three
cab/chassis; and Truck Body Corporation for utility bodies, in the
amount of $5,664.00; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28533) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 92.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Garland and Mayor
Taylor ................ 5.
NAYS: None .......... .0.
(Council member Bowles was absent.) (Council member Bowers abstained
from voting.)
SALE/PURCHASE OF PROPERTY-INDUSTRIES: The City Manager submitted
a written report advising that Council authorized the execution of an
option and deed of sale of 28.1 acres of land in the Roanoke Centre for
Industry and Technology to Nicholas F. Taubman, pursuant to Ordinance
No. 28359; that the option agreement provides that the City will grade
the property to conform to a site and grading plan suitable for con-
struction of the proposed warehouse and distribution facilities for
Advance Stores Company, Inc.; that the City's total financial obliga-
tions for such grading shall not exceed $570,000.00; and a Letter of
Credit, in the amount of $570,000.00, was required to be submitted to
the City to assure that the City's expenses for grading the site would
be reimbursed if development of the property does not proceed.
93
-ACTION:
It was explained that bids were received by Council on February 9,
1987, for site grading for the Advance Stores Company, Inc.; that the
low bid, in the amount of $425,660.40, was submitted by Thomas
Brothers, Inc.; that relocation of the access road to Blue Hills Golf
Course is included in recent bids and must occur before Advance Stores
site can be completed; that a portion of the bid related to access road
relocation is $35,323.75; that the site grading portion of the project,
including contingencies, is $410,336.65; and the City has been notified
that Nicholas F. Taubman will exercise his option to purchase the 28.1
acre site in the Roanoke Centre for Industry and Technology and will
submit a Letter of Credit in an amount sufficient to cover the proposed
site grading.
The City Manager recommended that Council amend the option agree-
ment with Nicholas F. Taubman to allow for a Letter of Credit to be
submitted for the bid amount for site grading, including contingencies,
of $410,336.65, such Letter of Credit be in a rom acceptable to the
City Attorney and Director of Finance; and reference will be made to a
particular plan as prepared by Mattern & Craig, Consulting Engineers,
and approved by the City Engineer, for the 28.1 acre parcel to be
acquired.
(For full text, see report on file in tile City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28534) AN ORDINANCE authorizing the execution of an amendment
to an option for the sale of 28.1 acres of land in the Roanoke Centre
for Industry and Technology to Nicholas F. Taubman; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 92.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor--- 6.
NAYS: None--
(Council member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report advis-
ing that the City of Roanoke's Internal Service Fund accounts for cer-
tain service-providing departments; that the service-providing depart-
ments within the Internal Service Fund recover the costs of providing
those services by charging the receiving departments; and the costs
are recovered to the Internal Service Fund as revenue.
It was explained that appropriations to charge for 'internal ser-
vices were allocated in the current fiscal year budget throughout the
various departments based on estimated usage; that usage has varied
from the original estimates; that it is necessary to make appropriation
transfers between several departments to provide sufficient funds for
internal services for the remainder of the fiscal year; and the trans-
fers will not increase the original budgeted amounts, only reallocate
those amounts between departments.
The Director of Finance recommended that Council adopt a measure
to accomplish the needed transfers.
(For ful! text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28535) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriations, and providing for an
emergency. ,.
(For full text of Ordinance, see Ordinance Book No. 50, page 93.)
94
ACT[ON:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The mot'ion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........... 6.
NAYS: None ...............
(Council member Bowles was absent.)
At 3:05 p.m., the Mayor declared the meeting in recess.
At 3:25 p.m., the meeting reconvened in the Council Chamber with
all members of the Council in attendance, with the exception of Mrs.
Bowles, Mayor Taylor presiding.
REPORTS OF COMMITTEES:
FIRE DEPARTMENT-CITY INFORMATION SYSTEMS: Council member Robert
A. Garland, Chairman of a committee appointed by the Mayor to study a
bid received for Halon 1301 Fi re Suppression System for the Computer
Room, Municipal North, presented a written report on behalf of the com-
mittee, recommending that the one bid received be rejected. It was
pointed out that compliance of the one bidder with the requirements of
the contract documents was met; that cost of the project would exceed
the engineer's estimate; that engineering concerns would be met with
the present bidder; and funding is available in the Municipal North
Contingency Account, however, it is felt that a lower price might be
received if additional bids are received. The Committee further recom-
mended that the project be readvertised in hopes of receiving more than
one bid.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28536) A RESOLUTION rejecting the sole bid for a fire suppres-
sion system to be installed in the computer room in Municipal North.
(For full text of Resolution, see Resolution Book No. 50, page 95.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor-- 6.
NAYS: None ........
(Council member Bowles was absent.)
O®
BUDGET-INDUSTRIES: Council member Robert A. Garland, Chairman of
a committee appointed by the Mayor to tabulate bids received for site
grading in Roanoke Centre for Industry and Technology - Advance Stores
Company, Inc. site, presented a written report on behalf of the com-
mittee, recommending that Council award the contract to Thomas
Brothers, Inc., in the amount of $425,660.40 and establish a contin-
gency, in the amount of $20,000.00, for a total not to exceed
$445,660.40; that Council appropriate $445,660.45 from Undesignated
Capital Funds to an account to be established by the Director of
Finance; and reject the other bids received.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#2853/) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 95.)
ACT]ON:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ................... _ ............ 6.
NAYS: None ................
(Council member Bowles was absent.)
Mr. Garland offered the following energency Ordinance:
--~ ~m~ ~m~..;.~(~tf~8~38), id ~.f, ~tu~.as~ Bros.., ~nc.,
NANCE accepting the b' '
ifor site grading in L'he Roanoke Centre for Industry and Technoldg~"at
~ the site of the Advance Stores Company, Inc., project, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an energency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 96.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ....... _._ 6.
NAYS: None ........ O.
(Council member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28518 rezonin9 a certain tract of land
located between 3029 Yardley Drive, N. W., and the Plaza Motel, 4511
Williamson Road, N. W., designated as Official Tax No. 2170424, from
RS-3, Single-Family Residential District and C-2, General Commercial
District, to RG-1, General Residential District, subject to certain
proffered conditions, having previously been before the Council for its
first reading on Monday, February 9, 1987, read and adopted on its
first reading and laid over, was again before the body, Mr. Musser
offering the following for its second readin9 and final adoption:
(#28518) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 21/, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 49, page 83.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Garland and
Mayor Taylor ........ 6.
NAYS: None ......... O.
(Council member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
95
OTHER HEARINGS OF CITIZENS: NONE.
96
At 3:30 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened 'in the Council Chamber with
all menbers of the Council in attendance, with the exception of Mrs.
Bowles, Mayor Taylor presiding.
There being no further business, the Mayor declared the meeting
adjourned at 5:25 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 23, 1987
2:00 p.m.
97
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 23, 1987, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings., of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
Bowles,
Musser--
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Robert A. Garland, James G. Harvey, II and Vice-Mayor Howard E.
----6.
ABSENT: Mayor Noel C. Taylor- 1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Randy Leclsome,
Associate Pastor, First Church of The Nazarene.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
CONSENT AGENDA:
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the menbers of Council and will
be enacted by one motion in the roms listed on the Consent Agenda, and
if discussion is desired, that item will be renoved from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss acquisition of reai property
for public purpose, and personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council.
ZONING: An annual report of the Board of Zoning Appeals for the
year 1986, was before Council.
(For full text, see annual report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowl es, Garland, Harvey and
Vice-Mayor Musser- 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter of acquisition of real property for public
purpose, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter of acquisi-
tion of real property for public purpose, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Garland and adopted by the following vote:
98
ACTION:
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ............. 6.
NAYS: None--
(Mayor Taylor was absent.)
AIRPORT: A co~nunication fr~n the Roanoke County Board of Super-
visors transmitting Resolution No. 21087-8, adopted by the Board on
February 10, 1987, regarding creation of the Roanoke Regional Airport
Co¢~nission, and appointing Lee Garrett and Bob L. Johnson as Commis-
sioners thereto, was before Council.
(For full text, see communication and Resolution on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and Resolution be received
and filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser- 6.
NAYS: None
(Mayor Taylor was absent.)
HEALTH (MENTAL HEALTH SERVICES): A report of qualification of
Hortense W. Ruddick as a member of the Mental Health Services Board of
Directors for a term of three years ending December 31 1989, was
before Council. '
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .......... 6.
NAYS: None-- O.
(Mayor Taylor was absent.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relatin9 to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (al (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ....... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
m
EMERGENCY MEDICAL SERVICES: Dr. Carol M. Gilbert, Chairman,
Emergency Medical Services Advisory Committee, appeared before Council
and presented a written report with regard to volunteer rescue squad
response to emergencies, transmitting the following recommendations:
"The Association between the volunteer rescue
squads and the City of Roanoke, with integration
of career and volunteer personnel, is a bc~teficial
one and should continue.
Efforts towards consolidation of the volunteer
effort in the City should continue. These are
being actively pursued at present and provide
potential advantages in fund raising, membership
recruitment, standardization of care and opera-
tions, and purchasing. Successful outcome of these
efforts is expected to substantially strengthen the
volunteer component of pre-hospital care in the
City.
Development of the City Paid ALS Program should
continue.
The City make permanent the status of the program
and its employees.
A formal orientation and continuing education pro-
gram should be developed which includes but is not
confined to orientation to the dispatching process
and procedures.
A career ladder should be developed with identifi-
cation and development of leadership skills.
Supervision of individual shifts should be
increased.
The role of the public in the delivery of pre-hospital care should
be encouraged in the following manner:
Education with regard to the nature of medical
emergencies and the appropriate use of energency
medical services.
Emphasis on clear, correct and permanent identifi-
cation of street names and numbers.
Encourage participation in CPR, First Responder and
Basic First Aid courses, with consideration for
required inclusion in curriculum for public
schools.
Public education regarding necessity for contribu-
tions of time, skills and funds to volunteer rescue
squads within the City.
Hunton Life Saving Crew should have the opportunity
to effect its new plans. This Committee will re-
evaluate the situation by June 1, 1987. By that
time, Hunton Life Saving Crew should demonstrate
compliance with the Driver/EMT provision of the
"Refined Agreenent" a minimum of 85% of the time.
In addition, there should be indications of sub-
stantial revitalization and reorganization of its
crew. If Hunton Life Saving Crew is unable to
accomplish this, Council has three options:
Continue to accept suboptimal care in the
territory covered by Hunton Life Saving
Crew.
99
100
Terminate the relationship with Hunton
and request that the other crews assume
added responsibilities. Because the
other crews currently answer nearly three
quarters of the calls 'in the City, this
alternative will stress the remaining
volunteer effort in an unacceptable
manner.
Terminate the relationship with Hunton
and provide an additional technician for
Station 4 to supplement the staffing
already there in order to cover the addi-
tional calls.
The Emergency Medical Services Advisory Committee supports the
last alternative if Hunton has not been able to demonstrate compliance.
Operating procedures for dispatchers should be studied and con-
sidered for revision with special attention to:
EMS training and orientation;
Collection of sufficient incident information to
permit appropriate categorization of ALS/BLS
response;
Provision of advice to callers when essential; and
screening and prioritization of calls.
Peer Review for calls should be a process which in-
cludes volunteers and paid personnel, providing re-
gular feedback to those involved in patient care.
A single report should be submitted to Council on
an annual basis which provides review and evalua-
Lion of the system as it exists, as well as projec-
tion of future needs with recommendations. The
reporting team should be multifaceted, including
members from groups with an involvement in pre-
hospital care in Roanoke, and should address all
components of the system."
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers inquired if the six minute response time is being met
by most of the quadrants in the City; whereupon, Dr. Gilbert advised
that in most of the quadrants the six minute response time is being met
and the overall average for the City is well under six minutes.
Mr. Bowers pointed out that the City continues to maintain its
volunteer rescue squad system, that it is indicated the number of
volunteers has remained constant from go to 110, and inquired if there
has been any decrease in the figure over the last year, and what can be
done to increase participation in the volunteer rescue squads. Dr.
Gilbert responded that it is difficult to tell exactly how many people
are in the system at a given time because the precise numbers are not
available, but it is felt that the numbers have remained fairly
constant. She said if all the members continue to be active there will
be a good response, but it is important to continuously bring people
into the system to make up for those volunteers who leave the system.
She said public education and encouragement by both the public and
rescue squads in the recruitment effort is important to bring people
into the system, and it is hoped that consolidation of the crews with a
recruitment drive would substantially increase and retain the number of
members in the crews.
Mr. Bowers inquired if the 90 - 110 volunteers is representative
of all age groups; whereupon, Dr. Gilbert advised that volunteers have
not been broken down into age groups, and it is her impression there
are a number of young people in the squads. She said people from out-
side jurisdictions are coming into the City and the number of 90 - 110
does not accurately reflect the active members because some members are
m
listed but not particularly active in assisting with day to day activi-
ties of the rescue squads. Mr. Bowers requested that more study be
conducted on the age groups of volunteers.
101
Mr. Bowers stated that Station No. 4 is the only satellite station
in the City and inquired if another satellite station 'is needed. Dr.
Gilbert responded that it is important to continue to watch the status
of the system, advising right now in the per'iphery areJs, calls are
'increasing but may not warrant the placement of a full station, and
although another satellite station -is not presently needed, it may
eventually be needed in the periphery areas.
In regard to the periphery areas, Mr. Bowers asked if it would be
helpful to call in assistance from some of the county rescue squads;
whereupon, Dr. Gilbert advised that that is an alternative, and assis-
tance is used in some of the periphery areas at the present time.
Mr. Bowers said it was indicated that there has been a 25% attri-
tion rate in regard to City paid personnel and asked if it would be
helpful to have some type of exit interview. Dr. Gilbert said it would
be helpful to know why personnel are leaving; that it is suspected it
deals with permanency of the program, and a concern is that a number of
the city's best medics may be going to other jurisdictions.
Mr. Bowers said he would like to have a follow-up report as to
whether the City is training personnel and then losing them to other
jurisdictions for better pay, or if they are going into other pro-
fessions.
Mr. Bowers inquired about screening and prioritizing calls and
with reference to the E-911 system, and asked if there will be certain
guidelines and policies to make sure a call is screened properly and
prioritized.
Mr. Bowers requested that his remarks be referred to the admini-
stration for follow-up response.
ACTION:
Following discussion of the report, Mr. Trout moved that the
report and recommendations be referred to the City Manager for study,
report and recommendation to Council, including the questions raised by
Mr. Bowers. The motion was seconded by Mr. Garland and adopted.
PETITIONS AND COMMUNICATIONS:
SHERIFF-JAIL: A communication from Sheriff Alvin W. Hudson advis-
ing that when the new Roanoke City Jail was occupied in June 1979, he
established three major goals concerning operation of the new facility,
as follows, was before Council.
"To be certified by the Department of Corrections
as being in 100% compliance with all 173 standards
included in the "Minimum Standards For Local
Jails & Lockups" as established by the Virginia
Board of Corrections.
To be audited by the National Sheriff's Association
using their 407 guidelines concerning the manage-
ment and operation of local jails to determine how
well we operated and how we may improve our opera-
tions,
To be audited by the American Medical Association/-
National Commission on Correctional Health Care
using their 264 standards concerning the jail's
health care system and hopefully be certified by
them as being in compliance with these standards."
102
ACTION:
ACTION:
The Sheriff explained that the City Jail has been audited twice by
the Department of Corrections and was certified on both of these occa-
sions as being in 100% compliance with all standards; that the jail was
audited by the National Sheriff's Association in September 1985, and
received one of the highest ratings which has ever beeh given to a
local jail in the country. He further explained that after several
years of hard work in preparation for the American Medical Associa-
tion's audit, he has been awarded a two year accreditation; and this
accreditation is the highest award a jail can receive in regard to its
operations and the type of health care services it provides.
(For full text, see c~nmunication on file in the City Clerk's Office,)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted.
RADIO-TELEVISION: A communication from Cox Cable Roanoke request-
ing consideration of a renewal of the franchise agreement between the
City and Cox Cable Roanoke, Inc., in order to simplify and clarify the
language of the present agreement, make certain additions and deletions
of substantive provisions, and extend the term of the franchise, was
before Council.
It was explained that the present franchise expires on
December 31, 1990; that in order to justify continued expenditures on
capital items to maintain and upgrade the system, Cox Cable must have
an expectation of recovering the cost of the capital expenditures over
an extended period; that by doing so, they will be able to hold the
cost of service to their customers at a reasonable rate; that the rates
now charged in the Roanoke Valley have been and continue to be below
the national average, and while it is reasonable to anticipate rate
increases in future years, Cox Cable would like to hold 'the rates at
or below the national average.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the communication be referred to the
Regional Cable Television Committee for study, report and recommen-
dation to Council. The motion was seconded by Mr. Bowers and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC ASSISTANCE: The City Manager submitted a written report in
connection with Project Self-Sufficiency, advising that Project Self-
Sufficiency is a demonstration project of the City of Roanoke, designed
to address the housing and economic barriers faced by 52 single parent
recipients of Aid to Dependent Children; that this effort, under the
overall leadership of Mayor Noel C. Taylor, brings together the resour-
ces of the City's Department of Social Services, the Fifth District
Emplo~nent and Training Consortium, and the Roanoke Redevelopment and
Housing Authority; that in recognition of this multi-organizational
human service delivery system, the Federal Department of Housing and
Urban Development has awarded the City of Roanoke 50 additional Section
8 housing certificates; and 50 of the project participants have the
opportunity to obtain safe, affordable housing, in exchange for suc-
cessful project participation.
It was explained that the purpose of the program is to demonstrate
the successful resolution of social problems, through the concentrated
efforts of several agencies, to offer a wide range set of services in a
common, individualized plan of service; and project participants were
identified, based upon need, and selected for participation by the
Mayor's Task Force which provides guidance and oversight to the pro-
ject.
The City Manager advised that the current success of the project
lies in the cooperation and coordination of the staffs of the Fifth
District Emplo~nent and Training Consortium's jobs program, Roanoke
City's Department of Social Services, and the City's Redevelopment and
103
I
ACTION:
Ilousing Authority, who have maximized their efforts and resources to
provide meaningful and worthwhile services and jobs to its residents,
without additional costs to the City; and nonproductive welfare citi-
zens have now been afforded, and seized the opportunity to actively
participate in the mainstream of society and become productive, tax-
paying citizens, thereby contributing to the resources of their com-
munity.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted.
FIFTH DISTRICT EMPLOYMENT AND IRAINING CONSORTIUM: The City
Manager submitted a written report in connection with an incentive
award by the Fifth District Employment and Training Consortium,
advising that since the inception of the Job Training Partnership Act
(JlPA) in 1983, the Governor's Employment and Training Department
(GETD) has awarded incentive funds to service delivery areas in the
State of Virginia, for exceptional performance; and Service Delivery
Area III, which is the Fifth District Employment and Training Consor-
tium, has been eligible for such an award since June, 1984 and has pre-
viously received the incentive award in 1985.
It was explained that the Fifth District Employment and Training
Consortium has recently received an employment and training incentive
award, in the amount of $66,365.00, for exceeding the performance stan-
dards set by the federally funded Job Training Partnership Act for the
period July 1, 1985 to June 30, 1986; that this is the agency's second
award; that the Secretary of State for Human Resources and the Chairman
of the Governor's Job Training Coordinating Council were on hand at a
special awards luncheon in Richmond to make the presentation; and a
check and plaque recognizing the Consortium's achievements were accep-
ted by Paul J. Woo, Chairman of the Private Industry Council for the
Fifth District Employment and Training Consortium.
The City Manager advised that the Consortium provides employment
and training services to eligible residents of the Eifth Planning
District, including the Cities of Roanoke, Salem, Covington and Clifton
Forge and the Counties of Roanoke, Craig, Botetourt and Alleghany; that
these services include vocational counselling and assessment, skill
training, on-the-job training, adult basic education and special pro-
jects for youth, veterans, teen parents and welfare recipients; that
this incentive award is made in addition to the Consortium's annual
funding allocation; and the Policy Board, which is representative of
all of the jurisdictions within the Fifth Planning District, and the
Private Industry Council, will plan for the most effective and effi-
cient use of the funds in support of their plan of service.
Mr. Herbert further advised that the amount of the award was
determined by the extent the Consortium's programs met and exceeded
state mandated performance measures for the year; that these standards
address the number of persons becoming employed, wage rates at the time
of placement into a job, effective services to youth and welfare reci-
pients as special target groups, and a cost/benefit analysis; and of
the seven standards, the Consortium not only met, but exceeded, each of
the performance standards.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Harvey and adopted.
ITEMS RECOMMENDED FOR ACTION:
The
PLANNING-GRANTS: The City Manager submitted a written report
advising that the City of Roanoke received its annual fiscal year
1986-87 entitlement from the U. S. Department of Housing and Urban
Development (HUD) in the form of a Community Development Block Grant
{CDBG); that Counci) authorized acceptance of the grant in the amount
of $1,283,000.00 on June 16, 1986, and funds were appropriated; that
Amendment No. I to the 19B6-87 CDBG program was approved by Council on
August 11, 1986, increasing entitlement to $1,547,000.00; that the
amendment provided for appropriation of an unanticipated $264,000.00 in
104
ACTION:
additional CDBG funds and for three new projects to be added to the
CDBG program; and the CDBG program budget, as amended, does not include
any funds for the Northwest Human Development Center operated by Mental
Health Services of the Roanoke Valley.
It was explained that the Northwest Human Development Center has
operated successfully at 802 Loudon Avenue for nearly two years with
CDBG funds, providing a number of community services including sub-
stance abuse and mental health counseling and training .for community
volunteers; that Mental Health Services has requested $18,981.00 in
Community Development Block Grant funds to match funds from other sour-
ces, for a total budget of $22,981.00 for fiscal year 1986-87; that
amendment to the current CDBG program and budget is required to add
this project to the City's fiscal year 1986-87 CDBG budget; and citizen
participation requirements call for an evening public hearing by
Council to amend the CDBG program and budget.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing on Monday, March 9 1987 at
7:30 p.m., in the Council Chamber. ' '
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager, and that a public hearing be held on Monday, March 9,
1987, at 7:30 p.m., or as soon thereafter as the matter may be heard.
The motion was seconded by Mr. Trout and adopted.
BUDGET-WORKERS' COMPENSATION-CITY EMPLOYEES: The City Manager
submitted a written report advising that Workers' Compensation is
defined as "exclusive remedy, under law, for all covered employees for
compensating injuries and occupational diseases arising in the course
of and within the scope of employment"; that funds are budgeted each
fiscal year to cover anticipated Workers' Compensation liability; that
the City is entirely self-insured as to Workers' Compensation liabili-
ty; and fiscal year 1986-87 budgeted funds are as follows:
$130,000.00 Workers' Compensation wages
$150,000.00 Workers' Compensation medical
It was explained that fiscal year 1986-87 funding for Workers'
Compensation is not adequate; that prior to fiscal year 1982-83, heart
and lung disability claims of police officers, deputy sheriffs and
firefi§hters were not filed under Workers' Compensation; that as of
January 26, 1987, $39,274.36 has been paid for four fatality claims
durin§ fiscal year 1986-87; that increased medical cost for physicians
and treatment of work related claims result in higher Workers' Compen-
sation expenses; and projected total Workers' Compensation expense for
fiscal year 1986-87 is $512,000.00 or $232,000.00 §rearer than the
budgeted amount.
The City Manager recommended that Council transfer funds from the
following accounts to Residual Fringe Benefits Account, to provide com-
pensation and r, edical payment claims for the remainJer of fiscal year
1986-87, in the amount of $232,000.00:
TRANSFER FROM:
Misc. Reimbursements
Motor Fuels & Lubricants
Police (Investigation)
Police (Patrol)
Animal Control
Grounds Maintenance
Building Inspections
Street Maintenance
Signals & Alarms
Refuse Collection
Engineering
Building Maintenance
001-004-9140-2170
001-050-3112-2038
001-050-3113-2038
001-050-3530-2038
001-050-4340-2038
001-052-3410-2038
001-052-4110-2038
001-052-4160-2038
001-052-4210-2038
001-052-4310-2038
001-052-4330-2038
$ 50,000
5,000
30,000
5,000
10,000
3,000
18,000
4,000
25,000
3,000
6,000
Recovered Costs
General Services
Jail
Nursing Home
Contingency Reserve
001-050-1237-8005
001-024-3310-8005
001-054-5340-8005
001-002-9410-2199
Total
$ 35,000
10,000
3,000
25,000
$232,000
105
ACTION:
ACTION:
TRANSFER TO:
Residual Fringe Benefits
Workers' Comp. Wages
Workers' Comp. Wages
001-004-9110-1135
001-004-9110-1140
$116,000
116,000
Total
$232,000
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following energency budget Ordinance:
(#28539) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 96.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ........ -6.
NAYS: None ....... -0.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of January, 1987.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Trout and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE,
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:10 p.m., the Vice-Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council.Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
106
AIRPORT: The City Manager submitted a written report advising
that the Airport Master Plan and Terminal Area Plan identified the need
to acquire 9.436 acres for future terminal development from Towne
Square Joint Venture; and Federal and State grants have been executed
for Terminal Development Phase ! which includes acquisition of the
property.
It was explained that the City Administration has offered to
purchase the 9.436 acres for the appraised fair market value of
$849,240.00, subject to Council's approval and subject to approval of
four sale conditions; that it is recognized part of the 9.436 acres may
be temporarily used for a limited access right-of-way or easement for
the remaining property of Towne Square Joint Venture; and Towne Square
Joint Venture has accepted the City's offer in accordance with a com-
munication under date of January 23, 198/.
The City Manager recommended that Council authorize acquisition of
a 9.436 acre parcel from Towne Square Joint Venture, in the amount of
$849,240.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following energency Ordinance:
(#28540) AN ORDINANCE authorizing the City's acquisition of a
certain 9.436 acre parcel in conjunction with terminal development at
the Roanoke Regional Airport Woodrum Field; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 97.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland.
Mr. Bowers advised that he objects to the purchase of the property
at this time; that the new parking lot at the new terminal will be
forty per cent larger than the present facility and for that reason he
does not understand why the City has to go through the process of
purchasing the land at this time. In addition, he said the City four-
laned Aviation Drive and was told at that time there would not be any
further rerouting of Aviation Drive for at least ten years, and, if
that is the case, why is it necessary to take action at this time. He
said the new Airport Commission should decide if it needs the land,
when the land is needed, and how much the Commission is willing to pay.
Secondly, Mr. Bowers advised that he has an objection with 'regard
to access to the Towne Square Shopping Center from Aviation Drive,
noting that ~flat is being proposed in the report is development of an
off ramp from Aviation Drive to the new Towne Square Shopping Center,
and expressed the opinion that the off ramp should not be allowed. He
said the purpose of building Aviation Drive and the fly-over was to
provide the airport user with direct unencumbered access to the new
airport terminal, noting that the City is going to have along Aviation
Drive as many access driveways as the owners apparently want and that
is not the way it should be. He said it is his personal opinion that
the road leading to the airport should be unencumbered direct access
without any side roads.
There being no further discussion, Ordinance No. 28540 was adopted
by the following vote:
AYES: Council members Trout, Bowl es, Garland, Harvey and Vice-
Mayor Musser ........... . .... 5.
NAYS: Council member Bowers
--1.
(Mayor Taylor was absent.)
HOUSING: The Vice-Mayor advised that there is a vacancy on the
Fair Housing Board, created by the resignation of Charles A. Davis, for
a term ending March 31, 1989, and called for nominations to fill the
vacancy.
107
ACTION:
Mr. Bowers placed in nmnination the name of Hugh A. Meagher.
There being no further nominations, Mr. Meagher was elected as a
member of the Fair Hous'ing Board, for a term ending March 31, 1989, by
the following vote:
FOR ~. MEAGHER: Council members Trout, Bowers, Bowles, Garland,
Harvey and Vice-Mayor Musser ............................. 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared
meeting adjourned at 4:30 p.m.
the
ATTEST:
City Clerk
APPROVED
108
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 2, 1987
/:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Monterey Elementary School Gymtorium, 4501 Oliver Road, N. E., City of Roanoke,
on Monday, March 2, 1987, at 7:30 p.m., the regular meeting hour, with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke ('1"979), as amended; and pursuant
to Resolution No. 28418, adopted by the Council on Monday, November 3, 1986.
PRESENT: Council members Howard E. Musser, David A. Bowers, Robert A.
Garland, James G. Harvey, II, and Mayor Noel C. Taylor ........................ 5.
~ ¢ ABSENT: ~ouncil members Elizabeth T. Bowles and~ames O.,Trout ...... 2.
...~I~$~-~OF~_FI~I~q~S~%~R. ES~NT: Mr. W. Robert Herbert, City Manager, Mr.'Earl B.
Reynolds, Llr., Asslsta~t City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by the Reverend Charles R. Doyle,
Pastor, Hollins Road Baptist Church.
The Pledge of Allegiance to the Flag of the United States of A~erica
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 2, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ........... . ....... 5.
NAYS: None ..... .0.
(Council members Bowles and Trout ~re absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from the
Reverend Ronald W. Smith tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ............ --5.
NAYS: None ...........
(Council members Bowles and Trout were absent.)
.0.
ACTION:
ACTION:
ACTION:
ARCHITECTURAL REVIEW BOARD: An annual report of the Architectural
Review Board, was before Council.
(For full text, see annual report on file in the City Clerk's Office.)
Mr. Musser moved that the annual report be received and filed.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES:
Tayl or.
Council members Musser, Bowers, Garland, Harvey and Mayor
5.
NAYS: None ...... O.
(Council members Bowl es and Trout were absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
February 23, 1987, was before Council.
(See pending list on file in the City Clerk's Office°)
Mr. Musser moved that the pending list be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or .......... 5.
NAYS: None ................ O.
(Council members Bowles and Trout were absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or .................... 5.
NAYS: None ...... O.
(Council members Bowles and Trout were absent.)
109
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $13,532.00 for the Instruc-
tional Services Title II Program, to increase the participation of
female and minority students in mathematics and science education,
advising that the program is one hundred per cent reimbursed by federal
funds, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
110
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#28541) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 98.)
Mr. Garland moved the adoption of the Ordinance. The motion ~s
seconded by Mr. P~sser and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ........ ---5,
NAYS: None .... __
(Council members Bowies and Trout were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
C & P TELEPHONE COMPANY-EMERGENCY MEDICAL SERVICES: The City
Manager submitted a written report advising that the E-911 system was
approved for implementation by Council on July 22, 1985; and funding of
the system was to be accomplished in the following two ways:
Up-Front Capital Expenses - Council's desire not to
burden the consumer with these costs was handled by
allocating $1,000,000.00 in the 1985-89 Capital
Improvements Program.
Recurring Maintenance Costs were to be handled by
levying a special tax on consumers of telephone
services at a per telephone line cost sufficient to
lease the C.A.D. hardware/software and maintain the
system without a general fund subsidy, and current-
ly this tax is estimated to be $0.46 per telephone
line.
It was explained that the E-911 System Agreement with C & P Tele-
phone Company has been executed, pursuant to Ordinance No. 27783,
thereby allowing E-911 service to go on line on October 5, 198/; that
system enhancements (C.A.D., Mobile Digital Terminals, Communications
Consoles and related radio equipment) have been bid and the bid respon-
ses are currently under review; that a special tax on consumers of
telephone service needs to be levied so that revenue collection can
commence by C & P in time to provide the funds needed to pay recurring
maintenance costs on the system; and a public hearing is required pur-
suant to State Code prior to adopting an ordinance that would authorize
the special tax levy and establish the special tax rate.
Council was requested to authorize the following:
Public Hearing - Schedule for March 16, 1987. This
is a special request that is necessary in order to
ensure that C & P Telephone Company can begin col-
lecting the special tax in time to provide the re-
venue for recurring maintenance costs of the system
without a general fund subsidy.
Advertising - Authorize the City Clerk to adver-
tise the required public hearing for March 16,
1987, the form of such advertisement to be prepared
by the City Attorney.
m
m
ACT[ON:
111
The City Manager elaborated on the E-911 system by explaining how
it works, advising that Enhanced 911 callers do not have to know which
municipal service responds to the location they are calling from, that
they simply dial 911 and electronic switching automatically transfers
the call to the proper answering point; that E-911 does the work for
all, even an incapacitated person, a foreign-speaking person or a
child; that a console at the answering point displays the caller's
phone number, even from a coin phone, as soon as the phone call is
received, and within seconds, the automatic location display will show
the exact location of the emergency call.
It was further explained that with E-911, no time is lost; that
all the attendant has to do is press the appropriate button and the
call is automatically routed to the proper agency which will respond to
the emergency; that in an emotional or physically distressing situa-
tion, authorities are alerted even if the caller hangs up too quickly;
that the caller does not have to know a seven digit number, just 911
and does not have to wait for an operator to look it up; that false
alarms cost the taxpayer money and could even cost lives if a true
emergency developed and public service personnel were responding to a
false alarm, and when troublemakers learn that their calls can be
traced to the exact address the call is placed from and then respond
within moments, they are less likely to call, therefore, the number of
false alarms will be reduced.
Information was presented on breakdown of costs; and Roanoke
County funding versus proposed Roanoke City funding, as follows:
Roanoke County
Implemented a $.66 per month tax on January 1,
1986, to fund Capital and Recurring Mainten-
ance Costs - tax to be reduced to $.26 after
Capital Costs are recouped at an as yet unde-
termined date.
Roanoke City - Proposed
Implement a $.46 per month tax on July 1,
1987, to fund Recurring Maintenance Costs
only - Capital Costs to be funded from Capital
Fund. An $.87 per month tax would have had to
be levied on January 1, 1986 to pay for Capi-
tal Costs otherwise.
(For full text, see report on file in the City Clerk's Office.)
Mr. Masser moved that Council concur in the request of the City
Manager, and that a public hearing be held on Monday, March 16, 198/,
at 2:00 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mr. Harvey and adopted.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the November 6, 1984 bond referendum con-
tained $590,000.00 to construct three storm drain projects, of which
Mason Mill-Manning Road, N. E., were included; that the project was
delayed for other priorities, but area development activities necessi-
tate proceeding with design; and engineering services qualification
proposals for design were publicly advertised on November 23, 1986, and
seven proposals were received on December 8, 1986.
It was explained that interviews were scheduled with six firms
that met the criteria; that negotiations were conducted with the firm
which was felt to be most qualified {Anderson and Associates, Inc.) for-
the proposed project; and scope of work to be performed include:
Preliminary design - includes assembling available
mapping, verifying field data, pipe routing, deli-
neating natural drainage area, computer modeling of
drainage basin, and verification of problem areas.
112
ACTION:
ACTION:
survey work, con-
struction plans and specifications, easement plats,
holding pre-bid conference and reviewing bids.
Construction Administration - includes field in-
spections with City personnel during construction
to confirm compliance with approved plans and spe-
cifications, providing record as built plans for
future use.
The City Manager recommended the following:
Award the Engineering Design Agreement to Anderson
and Associates, Inc., in a form acceptable to the
City Attorney, in an amount not to exceed
$25,000.00 without further action by Council. The
actual lump sum fee is $22,318.00, with a contin-
gency of $2,682.00, for additional services as
required.
Appropriate the necessary funding from Storm Drains
Category of 1985 Series of Public Improvement Bonds
(Account NO. 00805295779176), to a new account
established by the Director of Finance, entitled
Mason Mill-Manning Road, N. E. Storm Drain, with
amount of $25,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28542) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 99.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or ......... 5.
NAYS: None ........
O.
(Council members Bowles and Trout were absent.)
Mr. Harvey offered the following emergency Ordinance:
(#28543) AN ORDINANCE authorizing the execution of a contract
with Anderson and Associates, Inc., to provide engineering and design
services for the Mason Mill - Manning Road, N. E., storm drainage pro-
ject; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 99.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and I~yor
Taylor ........ -5.
NAYS: None ........
(Council members Bowles and Trout were absent.)
-0.
113
BUDGET-UTILITIES: The City Manager submitted a written report
advising that multi-purpose utilities projects design was approved by
Council on February 25, 1985; that the contract was awarded to Mattern
and Craig, in the amount of $108,000.00; that change orders in the
contract totalling $49,900.00 have been approved in order to undertake
the design work for two large projects not anticipated at the time the
original contract scope of work was developed (Franklin Road Water Tank
and Pumping Station and Salem Interconnect Booster Pumping Station);
and contract funding is provided from water and sewer funds on approxi-
mately a fifty/fifty basis.
It was explained that water projects (primarily on Franklin Road
and Salem Interconnect) have proven to be more difficult to design and
administer; and a change order, in the amount of $12,500.00, is being
requested to allow Mattern and Craig to undertake the additional design
work necessary and assist the City staff with construction inspections.
The City Manager recommended that he be authorized to execute
Change Order No. 4 with Mattern and Craig for $12,500.00 to provide
additional project design and construction inspection service for cer-
tain water projects; and authorize transfer of $12,500.00 from Account
No. 002-056-8307-9003 to Account No. 002-056-8347-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28544) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 100.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or ....................... 5.
NAYS: None ........ O.
(Council members Bowles and Trout ~re absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28545) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 4 to the City's contract with Mattern and Craig, for
utility projects design; and providing for an emergency.
(For l~ull text of Ordinance, see Ordinance Book No. 50, page 101.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Masser, Bowers, Garland, Harvey and Mayor
Tayl or ......... 5.
NAYS: None ........... O.
(Council members Bowles and Trout were absent.)
GRANTS-LIBRARIES: The City Manager submitted a written report
advising that $9,000.00 additional monies of a Federal Major Urban
Resource Library Grant, one of three such grants in the State of Vir-
ginia, has been awarded to the Roanoke City Public Library; that the
Library has met and will continue to meet the three criteria for the
award of the grant: (1) collection of 100,000 titles of adult non-
fiction, (2) in-depth subject collections of value to users outside the
regular service area, and (3) free inter-library loan service.
114
ACTION:
It was explained that the Library was awarded the grant in 1985
and 1986 and will receive it annually if the Federal Government con=
tinues to fund the source; and additional monies, which must be accep-
ted and expended by June 1, 1987, may be used for any purpose connected
with the support and expansion of library services in the geographic
area.
Mr. Herbert advised that the Library is continuing to modernize
its facilities and services in the areas of computerization, security
at the Central Library and items of furniture and small equipment; and
the Library Administration recommends that the additional monies of the
Major Urban Resource Library Grant be expended, as follows:
Add $1,970.00 to a Library Foundation Grant of
$15,000.00 for the purpose of installation of a
public address/paging system for the Central Libra-
ry compl ex;
Purchase a Check/Point Security System to be loca-
ted at the entrance of the Fine Arts Department at
a total cost of $4,823.00.
Add $2,207.00 to the current budget for Books and
Materials.
The City Manager recommended that Council accept the additional
monies of the Major Urban Resource Library Grant for the Roanoke City
Public Library, appropriate $9,000.00 to the Library Budget for 1986-87
and increase the revenue estimate for Federal funds by $9,000.00.
$6,793.00 to Account No. 001-054-7310-9015,
Other Equipment;
$2,207.00 to Account No. 001-054-7310-2040,
Publications and Subscriptions.
It was further recommended that the City Manager or his designee
be authorized to execute the necessary documents accepting the grant
for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28546) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 101.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or .................. 5.
NAYS: None ...............
(Council members Bowles and Trout were absent.)
Mr. Garland offered the following Resolution:
(#28547) A RESOLUTION accepting additional funding in the amount
of $9,000.00 of a Major Urban Resource Library Grant for the Roanoke
City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 102.)
115
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or ...................... 5.
NAYS: None ..... O.
(Council members Bowles and Trout were absent.)
REPORTS OF COMMITTEES:
BUDGET-INDUSTRIES-STREETS AND ALLEYS: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for Blue Hills Drive Extension in the Roanoke Centre for
Industry and Technology, presented a written report on behalf of the
committee recommending that Council take the following actions:
Award a contract to L. H. Sawyer Paving Co., Inc.,
in the amount of $847,087.00; and establish a con-
tingency in the amount of $45,000.00, for a total
not to exceed $892,087.00.
Appropriate $159,714.00 from Undesignated Capital
Funds to an account to be designated by the Direc-
tor of Finance.
Establish a receivable account for reimbursement up
to $450,000.00, from the Virginia Department of
Transportation.
Appropriate $25,803.00 from previous years' re-
tained earnings in Sewage Fund, to an account to
be designated by the Director of Finance.
Establish a receivable account, in the amount of
$230,750.00, from sale of land to Orris, Inc., and
Advance Stores Company, Inc.
Transfer $25,820.00 from Hershberger Road Account
No. 008-052-9528-9001, to an account to be designa-
ted by the Director of Finance, with provisions to
reimburse the Hershberger Road Account as future
payments are received for the Orris, Inc. site.
Reject the other bids received.
A report of the City Manager recommending~,th~t ~Cou~cjl concur in
the recommendations of the Bid Committee, was 'a~l~'~beform th~..~Yb~ly. '
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28548) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital and Sewage Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book ,No. 50, page 102.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Taylor ............ 5.
NAYS: None ..............
O®
(Counctl members Bowles and Trout were absent.)
116
Mr. Garland offered the following emergency Ordinance:
(#28549) AN ORDINANCE accepting the bid of L. H. Sawyer Paving
Co., Inc., for construction of the extension of Blue H~lls Drive in the
Roanoke Centre for Industry and Technology, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
ACTIOn:
(For full text of Ordinance, see Ordinance Book No. 50, page 103.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Bowers, Garland, Harvey and Mayor
Tayl or ................ --5.
NAYS: None .......
(Council members Bowles and Trout were absent.)
UNFINISHED BUSINESS: NONE.
Oo
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:30 p.m., the Mayor declared the meeting in recess.
At 9:10 p.m., the meeting reconvened in the Gymtorium of the
Monterey Elementary School, with Mayor Taylor presiding, and al) mem-
bers of the Council in attendance, with the exception of Council
members Bowles and Trout.
There being no further business, the Mayor declared the meeting
adjourned at 9:10 p.m.
ATTEST:~,~ ~S~ ~ ~
City C1 erk
APPROVED
Mayor
117
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 9, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 9, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'('1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ........ 7.
ABSENT: None--
OFFICERS PRESENT: Mr. Earl B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of Anerica
was led by Mayor Taylor.
The Mayor welcomed Scout Troop No. 17 from St. John's Episcopal Church.
PUBLIC HEARINGS:
m
ACTION:
ZONING: Council at its regular meeting on Monday, February 9,
1987, having continued a public hearing on the request of Edward A.
Natt, Attorney, representing PNCH, a North Carolina general part-
nership, that a certain tract of land containing 1.88 acres, more or
less, located at the southeast corner of the intersection of Route 419
and Woodmar Drive, S. W., designated as Official Tax No. 5090207 and a
portion of Official Tax No. 5090205, be rezoned from C-1, Office and
Institutional District, to C-2, General Commercial District, subject to
certain proffered conditions, the matter was again before the body.
A communication from Mr. Natt advising that his client is willing
to proffer the condition that there be no exit or entrance on Woodmar
Drive in the above stated zoning, and transmitting a fourth amended
petition to rezone, was before Council.
(For full text, see communication and fourth amended petition on file
in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(~28550) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 109.)
The motion was seconded by Mr. Harvey.
A communication from Ms. Danielle M. Rand, President, Greater
Deyerle Neighborhood Association, expressing appreciation for Council's
understanding attitude regarding neighborhoods in the City, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
118
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28550 was adopted on its first reading by
the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... ----7.
NAYS: None-
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, March 9, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Neal S.
Johnson, Attorney, that a paper alley, ten feet wide and 150 feet in
length, running between Lots 16 and 17, Block 3, Rosalind Hills, be
permanently vacated, discontinued and closed, the matter was before the
body.
A report of the City Planning Commission recommending that Council
approve the request, pursuant to §15.1-482 (b), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Legal advertisement of the public hearing was published in the
morning editions of The Roanoke Times & World-News on Friday,
February 20, 1987, and Friday, February 27, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
(//28551) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 110.)
The motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28551 was adopted on its first reading by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ .--7.
NAYS: None ..........
.0.
BUDGET-PLANNING-GRANTS: Pursuant to instructions of the Council,
the City Clerk having advertised a public hearing for Monday, March 9,
1987, at 7:30 p.m., or as soon thereafter as the matter may be heard,
in order to consider an amendment to the Fiscal Year 1986-87 Community
Development Block Grant Budget and Statement of Objectives to the
United States Department of Housing and Urban Development (HUD), the
matter was before the body.
It was explained that on March 13, 1987, the City of Roanoke will
submit to HUD an amendment to the City's Statement of Community Deve-
lopment Objectives for fiscal year July 1, 1986, through June 30, 1987;
and this amendment consists of one activity, which is the use of
$18,891.00 in CDBG Program income funds to match an additional
$4,000.00 for operating expenses for the Northwest Human Development
Center operated by Mental Health Services of the Roanoke Valley at 802
Loudon Avenue, N. W.
Notice of the public hearing was published in the morning and
afternoon editions of The Roanoke Times & World-News on Thursday,
February 26, 1987; and in The Roanoke Tribune on Thursday, February 26
1987. '
(See publishers' affidavits on file in the City Clerk's Office.)
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ACT[ON:
ACTION:
119
Mrs. Bowles offered the following emergency budget Ordinance:
(#28552) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 104.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout.
The Assistant City Manager submitted a written report on behalf of
the City Manager, advising that Council approved initial funding for
the Northwest Human Development Center on May 14, 1984, at a level of
$35,000.00 in Community Development Block Grant funds; that the agree-
ment between the City and Mental Health Services was signed on
February 25, 1985, for a twelve month period and the initial agreement
was extended to June 30, 1986, at which time it expired.
It v~s explained that the Northwest Human Development Center has
operated successfully at 802 Loudon Avenue for nearly two years, pro-
viding substance abuse and mental health counseling and training for
community volunteers; that Mental Heal th Services has requested
$18,981.00 in Community Development Block Grant funds to match funds
from other sources, for a total budget of $22,891.00, for fiscal year
1986-87 (July 1, 1986 - June 30, 1987); that $4,000.00 is available
from an alcoholism grant; and this grant has been under consideration
for several months by City and Mental Health staff, with details and
coordination with other funding sources recently being resolved.
The City Manager recommended that Council authorize the Director
of Finance to transfer $12,959.00 from unprogrammed CDBG Program to an
account suitable for use by the Northwest Human Development Center;
that the City Manager be authorized to execute an agreement with Mental
Health Services of the Roanoke Valley to operate the Northwest Human
Development Center Program for fiscal year 1986-1987, said agreement
to be in a form acceptable to the City Attorney and in an amount not
to exceed $18,891.00.
(For full text, see report on file in the City Clerk's Office.)
A statement from Mrs. Florine Thornhill, 819 Centre Avenue, N. W.,
in support of the request, was before Council.
(For full text, see statement on file in the City Clerk's Office.)
No persons wishing to address Council with regard to the request
for funds, Ordinance No. 28552 was adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None.
Mrs. Bowles offered the following emergency Ordinance:
(#28553) AN ORDINANCE authorizing the execution of a contract
with Mental Health Services of the Roanoke Valley to provide certain
services relating to the Northwest Human Development Center Project;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 105.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by tile following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... 7.
NAYS: None .... O.
120
CONSENT AGENDA:
ACTION:
ACT[ON:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item wil| be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss a matter of disposition of
publicly held property; a personnel matter within the jurisdiction of
the governing body; a matter of pending litigation; and personnel mat-
ters relating to vacancies on various authorities, boards, commissions
and committees appointed by Council.
COUNCIL: A communication from Elizabeth T. Bowles, Chairman,
Water Resources Committee, requesting an Executive Session to discuss
disposition of publicly held property, pursuant to Section 2.1-344 (al
(2), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Chairman
of the Water Resources Committee to convene in Executive Session to
discuss disposition of publicly held property, pursuant to Section
2.1-344 (al (2), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ --7.
NAYS: None ......
-0.
BUDGET-GARBAGE REMOVAL: A communication from John H. Parrott,
Chairman, Roanoke Valley Regional Solid Waste Management Board, trans-
mitting a budget recap and revenue projection as approved by the Board
for fiscal year 1987-88, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... -7.
NAYS: None ........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a personnel matter within the jurisdiction of the
governing body, pursuant to Section 2.1-344 (al (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a personnel matter
within the jurisdiction of the governing body, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .-7.
NAYS: None .......
.0.
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None .... O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion Was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................ 7.
NAYS: None ..............
REGULAR AGENDA:
121
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ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COUNCIL-CITY GOVERNMENT: Mr. Gary J. Foutz, 3071 Ordway Drive,
N. W., appeared before Council in reference to future needs of the
City, advising that the citizens want to see the City grow, not fast
but within time. He said six years ago he heard discussion about jobs
for residents of the City, that many have come into being but not
enough; that Roanoke is becoming a retail city and nothing more and
retail jobs are not the highest paying jobs in the world. He stated
that the City needs to bring in major employers who are not afraid to
pay a decent wage and provide good benefits.
Mr. Foutz said the City needs to attract more tourism, not by
having conventions at the hotels but by using imagination and dreams,
and stated that he has mentioned on a number of occasions the use of
Mill Mountain as a resource. He commented that some of the neigh-
borhood parks have room to expand and become a place where families
and/or senior citizens can visit and feel safe. He asked that Council
look to the future and provide the citizens with a broader outlook,
explaining that all races, black and white, should have the right to
the American dream and they should have enough confidence to live and
raise a family in the City of Roanoke.
Mr. Foutz said he plans to personally monitor the situation in the
coming months, to determine if progress is be)rig made to attract a
recreational facility in Roanoke, such as Lakeside Amusement Park or a
larger facility; and determine if any type of large industry intends to
locate in the area. He said if he sees no improvements within the next
few months he will consider forming a citizens' group to study what can
be done to attract industry and recreational facilities to the com-
munity.
Mr. Trout moved that Mr. Foutz's remarks be received and filed.
The motion was seconded by Mr. Garland and unanimously adopted.
SCHOOLS: Ms. Carolyn Moore, 1734 Clay Street, S. E., appeared
before Council representing concerned parents for the safety of their
children. She said full-time paid adult aides are needed to assist
elementary school children on school buses. She commented that if the
City can spend $10,000.00 on flowers and $15,000.00 on a clock in down-
town Roanoke, it could find money to help the School Board fund full
time aides on elementary school buses.
122
Ms. Moore presented petitions signed by approximately 2,321 per-
sons in support of her request.
(For full text, see communication and petitions on file in the City
Clerk's Office.)
ACTION:
Mr. Trout moved that the request of Ms. Moore and the petitions be
referred to the Roanoke City School Board. The motion was seconded by
Mr. Garland and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
AMERICAN RED CROSS-SPECIAL PERMITS: The Assistant City Manager
submitted a written report on behalf of the City Manager, advising that
during February 1986, Council granted permission to the Roanoke Valley
Chapter, ~merican Red Cross, to hang flags from street light poles in
the Central Business District; and this was done in recognition of Red
Cross Month, to honor the thousands of volunteers who help their
community through service in the organization.
It was explained that by letter dated February 19, 198/, Mr.
Bayard E. Harris, Chairman of the Roanoke Valley Chapter of the
American Red Cross, has again requested permission to fly the 3' x 5'
American Red Cross flags from street light poles in the Central Busi-
ness District.
The City Manager recommended that Council adopt the appropriate
measure granting permission to the ~merican Red Cross to display flags
in the Central Business District for the period of March 20 - 30, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28554) AN ORDINANCE granting the ~merican Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 105.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... -7.
NAYS: None ...........
BUDGET-FIRE DEPARTMENT: The Assistant City Manager submitted a
written report on behalf of the City Manager, advising that Fire
Department Ladder No. I is a 1968 Seagrave 100 foot aerial ladder
assigned to No. I Station in Downtown Roanoke, and is a first-line unit
of the City's fire suppression equipment; that on November 21, 1986,
the engine blew up on this apparatus while on a training exercise; that
this was the third time engine problems occurred with the equipment;
and reserve equipment was placed in service while City personnel sought
to find the best solution for repairs to the equipment.
It was explained that a replacement engine, comparable to the ori-
ginal equipment, is no longer available; that since this vehicle has
always been underpowered, a new engine more suitable for this applica-
tion was sought; that in accordance with Section 41 of the City Charter
the City Manager has authorized emergency repairs to Ladder No. I in
order to restore it to service at the earliest possible date, and work
will generally include the following items:
ACTION:
ACTION:
new tn-line six cylinder diesel engine,
new automatic transmission (replaces manual trans-
mission),
changes in rear-axle gear ratio,
other related power train improvements.
It w~s noted that cost of the work will be $39,200.00 and has been
negotiated with Southwest Diesel, Inc., a local firm which specializes
in engine and transmission repairs on trucks and heavy equipment; that
ten to fifteen years extended life for this vehicle should result from
these expenditures; that replacement cost is estimated at $300,000.00 -
$500,000.00; and existing equipment has recently been painted and is in
otherwise good condition.
The City Manager recommended that Council concur in the emergency
action which has already been initiated to repair Fire Department Lad-
der No. 1; and appropriate $2/,/00.00 from the Internal Service Fund
Contingency Reserve, to Account No. 006-052-2641-3005, Project Sup-
plies, in the Motor Vehicle Maintenance budget; and the balance of
$11,500.00 is already available in excess insurance reimbursements,
Account No. 006-052-2641-8005, in the Garage budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28555) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Internal Service Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 106.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None .............. O.
Mr. Musser offered the following Resolution:
(#28556) A RESOLUTION ratifying emergency repairs to a Fire
Department ladder truck.
(For full text of Resolution, see Resolution Book No. 50, page 107.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... 7.
NAYS: None .... O.
CITY CLERK:
CITY CLERK: A report of the City Clerk advising that pursuant to
Section 24, City Clerk, of the Roanoke City Charter, she has appointed
Sandra H. Eakin as Deputy City Clerk, effective March 9, 1987, and
requesting the concurrence of Council in said appointment, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28557) A RESOLUTION confirming the appointment of Mrs. Sandra
Eakin as the Deputy City Clerk, effective March 9, 1987.
(For full text of Resolution, see Resolution Book No. 50, page 107.)
123
124
ACTION:
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, t~sser,
Trout and Mayor Taylor ........ 7.
NAYS: None ...................
REPORTS OF COMMITTEES:
ACTION:
ZONING-PLANNING: A report of the City Planning Commission reques-
ting that Council schedule a public hearing on amendments to the 1976
Roanoke City Zoning Map on Monday, April 20, 1987; and further reques-
ting thirty minutes before the Council meeting on Monday, March 16,
1987, for a briefing by John P. Bradshaw, Jr., Chairman of the
Ordinances and Names Subcommittee of the Planning Commission, and Susan
S. Goode, Chairman of the City Planning Commission, on proposed amend-
ments to the 1986 Roanoke City Zoning Map, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Planning Commission and that a public hearing be scheduled on Monday,
April 20, 1987, at 2:00 p.m., or as soon thereafter as the matter may
be heard. The motion was seconded by Mr. Harvey and unanimously
adopted.
WATER DEPARTMENT: Council member Elizabeth T. Bo~les, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee recommending that Council concur in increasing the rental
rate to $175.00 per month for a stucco house leased to Mr. and Mrs.
Jerry L. Routt at Sun Valley Swim Club, effective May 1, 1987.
It was explained that the City of Roanoke acquired certain proper-
ties in 1976 for the proposed Back Creek water impoundment site which
included a small yellow stucco house located next to the Sun Valley
Swim Club; that the Water Resources Committee and Council on March 14,
197/, agreed to continue the current lease of the house with Mr. Routt
at $125.00 per month with utilities by Mr. Routt and maintenance by the
City (Mr. Routt had occupied the house for the previous twelve years);
that the lease with Mr. and Mrs. Routt was completed on May 4, 1977,
with commencement on May 1, 1977, for a twelve month period with thirty
days notice by either party; that in the event no such notice is given
by either party, the lease continues in force from year to year at the
same annual rental and subject to all the terms, conditions and cove-
nants contained therein; and the purpose of the lease was to preserve
the value of the asset, lessen the risk of vandalism and generate reve-
nue for the Water Fund until the dam was constructed.
It ~s noted that the Back Creek Reservoir Project has been put on
hold in favor of an alternate water supply project; that the City of
Roanoke intends to retain ownership of these impoundment site proper-
ties until the problem of an adequate water supply has been solved;
that the Routt lease has been in effect for almost ten years without
any increases in the rental rate while inflation has increased 66.8% in
the same time period; that maintenance cost on the house has been over
$6,000.00 during the period of the lease; and a rental rate increase of
$50.00 per month is needed to maintain the status quo on costs and rent
comparability of properties in the area.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28558) AN ORDINANCE providing for an increase in the rental
rates of certain City-owned property located adjacent to Sun Valley
Swim Club; authorizing the appropriate lease amendment; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 108.)
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ACT[ON:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... 7.
NAYS: None- O.
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee concurring in and recommending that Council
maintain the current Sewage Treatment Plant capacity allocation at:
Roanoke County
9.00 million gallons per day,
City of Salem
6.65 million gallons per day,
Botetourt County 1.90 million gallons per day,
Town of Vi nton
1.62 million gallons per day.
It was explained that the 1972 Sewage Treatment Contracts between
the City and each of the other Roanoke Valley governments provided an
initial capacity allocation at the Sewage Treatment Plant and requires
a meeting every three years to review those allocations; and a capacity
allocation meeting was held on February 2, 1987, with representatives
of at[ parties to the 1972 Sewage Treatment Contracts.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
Water Resources Committee. The motion was seconded by Mr. Garland and
unanimously adopted.
SPEC[AL PERMITS-EASEMENTS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee recommending that Council authorize a revo-
cable license for encroachments in conjunction with exterior renova-
tions at 34 Campbell Avenue, S. W., with the form of license to be
approved by the City Attorney.
[t was explained that the building at 34 Campbell Avenue, S. W.,
has existed at that location for a number of years and was formerly
occupied by Miller and Rhoads; that the property was recently acquired
by CSS Partnership; and the structure abuts the right-of-way line of
Campbell Avenue, S. W., First Street, S. W., and Kirk Avenue, S. W.
[t was further explained that CSS Partnership desires to install
the following:
Exterior insulation and finish system which is
4 1/2" to 5 1/2" thick on the outside of the struc-
ture.
Eighteen awnings are to be installed between 8'-8"
and 11'-0" above the sidewalk, and will project
over the sidewalk between 3'-6" and 5'-0".
Existing cornice around the entire perimeter of the
structure currently projects approximately 18" from
the face of the building. The proposed design
scheme requires the existing cornice to be replaced
with approximately 243 lineal feet of new cornice
projecting 24" from the face of the building. All
cornice work will be approximately 72'-0" above the
sidewalk elevation. The new cornice has been
designed to deter pigeon roosting and will help the
overall appearance of the building.
(For full text, see report on file in the City Clerk's Office.)
125
126
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28559) AN ORDINANCE granting a revocable license for the con-
struction of certain building appendages encroaching over and into a
portion of Campbell Avenue, S. W., First Street, S. W., and Kirk Ave-
nue, S. W., located at 34 Campbell Avenue, S. W., Official Tax No.
1011701, upon certain rems and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 111.)
The motion was seconded by Mr. Garland and adopted by the
foliowin9 vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None ..... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL: Mrs. Bowles advised that she attended the Congressional
City Congress in Washington, D. C., on February 28 - March 3, 198/.
She said the focus of the meeting was on important domestic policy
issues. She stated that she attended a meeting of Women in Local
Government, a Transportation Committee meeting and she had the oppor-
tunity to visit with Senator Paul S. Trible and Congressman James R.
O1 in .
Mr. Garland moved that the oral report be received and filed. The
motion was seconded by Mr. Harvey and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:20 p.m., the Mayor declared the meeting in recess.
At 9:45 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
AIRPORT: Mr. Bowers offered the following resolution creating
the Roanoke Regional Airport Commission and appointing Co~aissioners
thereto:
(#28560) A RESOLUTION creating the Roanoke Regional Airport Com-
mission and appointing Commissioners thereto.
(For full text of Resolution, see Resolution Book No. 50, page 108.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor. .7.
NAYS: None ..................................................... O.
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28561) AN ORDINANCE authorizing the Mayor to enter into a cer-
tain contract between the City, Roanoke County and the Roanoke Regional
Airport Commission; and further authorizing the Mayor to execute on
behalf of the City a quitclaim deed conveying to such Commission cer-
tain real property of the City dedicated to airport use, excepting the
real property known as Fire Station No. 10.
(For full text of Ordinance, see Ordinance Book No. 50, page 112.)
127
ACTION: The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- -7.
NAYS: None ..... O.
SALE/PURCHASE OF PROPERTY: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, in connection with the former Kroger Bakery
Co. property, recommending that Council declare all of the main pro-
perty, as listed in a staff report, as surplus and market the property
under open listings for sale as a single property; and retain the resi-
dual property across Salem Avenue, S. W., identified as Official Tax
Map No. 1110713, since this property is currently vacant and may be
needed for bridge abutments or contractor staging area for a future
Fifth Street Project.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the recommendation of the
Water Resources Committee. The motion was seconded by Mr. Garland and
unanimously adopted.
SPECIAL EVENTS: The Mayor advised that there is a vacancy on the
Special Events Committee, created by the resignation of Edward S.
Allen, for a term ending June 30, 1987, and called for nominations to
fill the vacancy.
Mr. Garland placed in nomination the name of Paul A. Iliner, II.
There being no further nominations, Mr. Hiner was elected as a
member of the Special Events Committee, for a term ending June 30,
1987, by the following vote:
ACTION: FOR MR. HINER: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor--- 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:55 p.m.
ATTEST:~,,,,,~~~
City Clerk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE C;TY COUNCIL
March 16, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on ~nday, t~rch 16, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure Code of the City of ~oa'nok~
~, as amended. '
PRESENT: Council members Elizabeth T. Bowl es, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, David A. Bowers and Mayor Noel C
Tayl or ............................ .
6.
ABSENT: Council member James O. Trout ............. 1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance- and Ms. Mary F.
Parker, City Clerk. '
The meeting was opened with a prayer by The Reverend Robert A. Fiedler
Associate Pastor, Second Presbyterian Church. '
The Pledge of Allegiance to the Flag of the United States of A~erica
was led by Mayor Taylor.
Senator Paul S. Trible attended the meeting and advised that he would
like to underscore his commitment to the Roanoke Valley and to the City of
Roanoke. He said he was able to assist in the flood control project for the
Roanoke Valley; that last week he met with the Corps of Engineers and received
a briefing on their progress, adding that the project needs to move ahead with
dispatch and it is important that the project is technically sound and environ-
mentally pleasing.
Senator Trible said the airport is of fundamental importance to the
economic well-being of western Virginia. He stated that a first class transpor-
tation system is needed, along with a modern airport to attract industry and .
generate jobs. He said now that the County and the City speak with one voice,
the time has come to proceed on the federal level. He explained that for the
current fiscal year the City has requested entitlement funds to wh_~ch the City
is entitled as a result of those people using the airpo£t~t. ~n the neAr, ear..
discretionary monies will be requested and those monies'are the ke~ to Ls~cess
in building a modern airport. He commented that later this month he has set up
a meeting with key members of the local team and key officials of the Department
of Transportation responsible for making the decision because he would like for
all parties to get together now to lay the ground work for success in the next
fiscal year. Senator Trible said he believes the construction of a modern air-
port for the Roanoke Valley and western Virginia is important to the success of
the community, it is a pre-condition to the kind of job creation desired, and it
has his full and enthusiastic support.
BID OPENINGS:
FIRE DEPARTMENT-CITY INFORMATION SYSTEMS: Pursuant to notice of
advertisement for bids for a Fire Suppression System, ~lon 1301 -
Computer Room in Municipal North, said proposals to be received by the
City Clerk until 1:30 p.m., on Monday,'March 16, 1987, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
T & S Fi re Equipment, Inc.
Atlantic Fire Systems, Inc.
Hudson-Payne Electronics Corporation
Fire-X Corporation
$ 6,900.00
8,962.00
11,500.00
13,554.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and Kit B. Kiser as members of the committee.
PUBLIC HEARINGS:
129
t
C & P TELEPHONE COMPANY-EMERGENCY SERVICES: Pursuant to instruc-
tions by the Council, the City Clerk having advertised a public hearing
for Monday, March 16, 1987, at 2:00 p.m., or as soon thereafter as the
matter may be heard, that the City Manager proposes to recommend to
City Council a special tax on consumers of telephone service in the
City, in the amount of $.46 per month per telephone line, for the pur-
pose of partially defraying the costs of an enhanced 911 telephone
system, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Monday, March 9,
1987.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
E-911 system was approved for implementation by Council on July 22,
1985, and the system is made up of the following:
E-911 capability for Roanoke City residents/busi-
nesses;
Computer-aided dispatch (C.A.D.) hardware/software
to enhance E-911 capability;
Mobile digital terminals to enhance police and fire
information capability from the field; and,
Communication consoles and related radio equipment
to modernize the City's communications center so
that the entire system will function properly.
It was explained that funding of the system was to be accomplished
in two ways:
Up-front Capital Expenses - Council's desire not to
burden the consumer with these costs was promoted
by allocating $1,000,000 in the 1985-89 Capital
Improvements Program.
Other Capital and Recurring Maintenance Costs -
were to be handled by levying a special tax on con-
sumers of telephone services at a per telephone
line cost sufficient to fund the C.A.D. hardware/-
software and maintain the system without a general
fund subsidy. Currently this tax is estimated to
be $0.46 per telephone line.
The City Manager advised that the E-911 Call System Agreement with
C & P Telephone Company has been executed, pursuant to Council's Ordi-
nance No. 27783, thereby allowing E-911 service to go on line on
October 5, 198/; that system enhancements (C.A.D., Mobile Digital Ter-
minals, Communications Consoles and related radio equipment) have been
put out to bid, and are also the subject of two other reports on the
agenda; that a special tax on consumers of telephone service needs to
be levied so that revenue collection by C & P occurs in time to provide
130
ACTION:
the funds needed to pay capital and recurring maintenance costs on the
system; and a public hearing is required by the State Code prior to
adopting an ordinance that would authorize the special tax levy and
establish the special tax rate.
The City Manager recommended that Council adopt a measure imposing
a special tax on the purchasers of telephone service for the purpose of
funding for capital and recurring maintenance costs of the Emergency
Telephone System and Ancillary Communications equipment necessary to
implement E-911 concurrently with other Valley governments in October,
1987. It was noted that Section 58.1-3818, Code of Virginia, authori-
zes recovery of capital and installation costs as well as recurring
costs for maintaining the system; that the special tax for the City of
Roanoke will be for capital and recurring maintenance costs; that fac-
tors which will influence tax revenue are exemptions (federal, state,
local §overnment phones, as per State Code) and the actual number of
phones in service when the system is put on line; that based on current
telephone company information, the total number of lines in the City is
51,026 less 3,290 exempted, the total lines for tax purposes being
47,736; that the City's best estimate of costs plus three per cent
collection fee as specified in the State Code is $21,939.00 per month;
that this will require a $0.46 special tax per line per month upon
every purchaser of local telephone service, and cost projections are as
follows:
Telephone Charges/E-911 system $ 8,000/mo.
Computer-Aided Dispatch System 12,000/mo.
Contingency Reserve 1,300 mo.
3% C & P Collection Fee (per State Code) 639/mo.
Total Estimated Costs.
$21,939/mo.
Mr. Herbert advised that the effective date of the Ordinance
should be July 1, 1987; that this will provide funding for services,
start-up capital and contingencies associated with project implemen-
tation; that October 5, 1987 is the turn-on date for E-911 as recom-
mended by the Roanoke Valley Regional E-911 Planning Committee; that on
September 9, 1986, at a meeting of all Valley Governments and C & P
Telephone Company, the specific date of October 5, 1987, was selected
for Valley-wide turn-on, and all parties agreed to that date.
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council with regard to the matter,
Mr. Musser moved that the following Ordinance be placed upon its first
reading:
(#28562) AN ORDINANCE amending and reordaining the Code of the
City of Roanoke (1979), as amended, by the addition of a new Article
XIII, Special Tax on Consumers of Local Telephone Service, to Chapter
32, Taxation; such new Article XIII imposing a special tax on the con-
sumers of telephone service pursuant to §58.1-3813, Code of Virginia
(1950), as amended, and providing for the amount of such tax, proce-
dures for collection, duties of local officials with respect to such
tax, exemptions and penalty for failure to pay; and further providing
for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 120.)
The motion was seconded by Mr. ~rvey and adopted by the following
vote:
AYES: Council members Bowies, Garland, Harvey, Musser, Bowers and
Mayor Tayl or .......... .6.
NAYS: None .......... .0.
(Council member Trout was absent.)
m
m
ACTION:
ACTION:
131
The City Manager submitted a written report concurring in a report
of the Bid Committee with reference to bids for a c(~nputer aided
dispatch system (C.A.D.), recommending that Council accept the bid of
NCR Corporation to furnish and install a Computer Aided Dispatch
System, in the amount of $11,826.00 per month, for a period of sixty
months, not to exceed $709,560.00; and that the City Manager be
authorized to sign a contract with NCR Corporation.
(For full text, see reports on file in the City Clerk's Off)ce.)
Mr. Garland offered the following emergency Ordinance:
(#28563) AN ORDINANCE accepting the bid of NCR Corporation for a
public safety Computer Aided Dispatch System, including hardware and
software, upon certain tems and conditions, and awarding a contract
therefor; authorizing the appropriate City officials to execute agree-
ments with NCR Corporation and NCR Credit Corporation relating to such
procurement; rejecting all other bids made to the City for such system;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 113.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, ~brvey, I~sser, Bowers and
Mayor Taylor-- - .....6.
NAYS: None- - .......... O.
(Council member Trout was absent.)
The City Manager submitted a written report concurring in a recom-
mendation of the Bid Committee with reference to bids for an electronic
communications control center and related RF-Digital Data Network with
Mobile Data Terminals, recommending that Council accept the lowest
responsible bid as submitted by Motorola Communications and Electro-
nics, Inc., in the total amount of $621,700.00; that he be authorized
to enter into a contract, in a form approved by the City Attorney; and
that Council appropriate $1,000,000 from Undesignated Capital Funds, to
an account entitled, E-911/CAD Communications System, to be established
by the Director of Finance.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28564) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 114.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ..... 6.
NAYS: None-. O.
(Council member Trout was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28565) AN ORDINANCE accepting the bid of Motorola Communica-
tions and Electronics, Incorporated, to supply an electronic communica-
tions control center and related RF-digital data network with mobile
data terminals, upon certain terms and conditions, and awarding a con-
tract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 115.)
132
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .......... 6.
NAYS: None ....... O.
(Council member Trout was absent.)
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss a matter of acquisi-
tion of real property for public purpose; legal matters within the
jurisdiction of the public body; and a matter involving the disposition
of publicly held property.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 9, 1987, and the special meeting held on Friday,
February 13, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ............ 6.
NAYS: None ........ -0.
(Council member Trout was absent.)
DIRECTOR OF FINANCE-INSURANCE-TAXES-CITY EMPLOYEES: The Director
of Finance submitted a written report advising that Council approved
the Section 125 Plan (Pre-Tax Blue Cross/Blue Shield Employee Partici-
pation) on December 15, 1986, to be effective with the January 7, 1987
payroll; and the plan provides the employer with the right to offer
each employee an option to pay the employees cost of medical insurance
with wages not subject to payroll taxes (federal, state and social
security tax).
It was explained that employee participation in the plan was
excellent; that 58 per cent of employees participating in the medical
insurance program elected the pre-tax option to pay their medical
insurance premiums; and this new employee benefit provided each
employee the option of reducing annual taxable wages of up to $1,268.00
annually (family plan).
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the report be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .......... 6.
NAYS: None ............
(Council member Trout was absent.)
Oe
TRAFFIC: A report of qualification of Lee S. Anthony as a member
of the City of Roanoke Transportation Safety Commission, for a term of
four years ending October 31, lggO, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
133
ACTION:
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ....................... 6.
NAYS: None .............. O.
I
ACTION:
(Council member Trout was absent.)
CITY CLERK: A report of qualification of Sandra H. Eakin as
Deputy City Clerk for the City of Roanoke, Virginia, effective March 9,
1987, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
fol lowing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or .......... 6.
NAYS: None- O.
!
ACTION:
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss acquisition of real property for public purpose,
pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss acquisition of real
property for public purpose, pursuant to Section 2.1-344 (a) (2), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Bowers
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ....... - ........... 6.
NAYS: None-
ACTION:
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss other legal matters within the jurisdiction of the
public body, pursuant to Section 2.1-344 (a) (6), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. P~sser moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss other legal matters
within the jurisdiction of the public body, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or- .6.
NAYS: None .... - ........ O.
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving the disposition of publicly held
property, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
134
ACTION:
Mr. Masser moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
disposition of publicly held property, pursuant to Section 2.1-344 (al
(2), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tay!or .................................. 6.
NAYS: None ......
O.
(Council member Trout was absent.)
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES-REFUSE COLLECTION-CIVIC CENTER: Mr. Larry L. Fenzel, 1719
Grandin Road, S. W., appeared before Council in regard to a tax freeze
on property which has been renovated, Civic Center operations and
refuse collection.
He advised that in 1982 he renovated a shell of a building which
had a tax valuation of $4,000.00; that upon completion of the work, the
valuation of the property increased to $44,000.00, however, he did not
receive a tax freeze because he was not aware of the availability of
such a freeze, pointing out that the additional expense to him in taxes
over the past five years is approximately $2,000.00. Mr. Fenzel said
if the City expects to see neighborhood revitalization, it must make
the economic advantages of property renovation available and suggested
that the City implement an information program for all property owners,
contractors, realtors and investors as soon as possible.
Mr. Fenzel presented the following two requests for Council's con-
sideration:
He said the first request is brought about because of the
$500,000.00 income deficit caused by the Roanoke Civic Center, noting
that at this size loss, each citizen in the City pays $5.00 to keep the
Center solvent. He stated that if the City could maintain the same
economic benefit without having to subsidize the Civic Center year in
and year out, it would be to the City's best interest and commented
that it would be possible if the Civic Center were sold, leased,
management-lease agreement or a combination approach. He suggested
that Council appropriate funds in the 1987-88 budget to provide for
such a study.
In reference to the second request, Mr. Fenzel explained that in
1986, he built ten new apartments on Brandon Avenue, S. W., and at that
time he was told by a City Planner that his site plan would not be
approved if he used trash cans instead of a dumpster; that under the
City Code, he could have legitimately used trash cans inasmuch as the
City would pick up a maximum of ten per week without extra charge, but
the City would not approve such a plan, therefore, he has to pay a pri-
vate firm to pick up his dumpster.
Mr. Fenzel pointed out that all other businesses and residences
have this service available at no charge; that the City runs collection
service six days a week downtown, yet he cannot get minimum once a week
service for his complex, noting that he is not asking the City for
extraordinary service, just the standard service available to each
resident. Mr. Fenzel requested that costs be studied and that the City
implement a policy which is fair to all taxpayers.
(See statement on file in the City Clerk's Office.)
Mrs. Bowles moved that the statement be received and filed.
There being no second, the Mayor declared the motion lost.
135
ACTION:
ACTION:
Mr. Garland moved that that portion of Mr. Fenzel's statement
regarding a tax freeze on property which has been renovated be referred
to the Commissioner of Revenue for study and report to Council; and
that the City Manager be requested to report to Council on that portion
of the statement dealing with the Civic Center and refuse collection.
lhe motion was seconded by Hr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
HOUSING: A communication from Mr. ~ton B. Knighton, Attorney,
representing the City of Roanoke Redevelopment and Housing Authority,
advising that the Authority has, on several past occasions, issued its
tax-exempt bonds to provide funds to lend for the rehabilitation of
owner-occupied residences; that due to changes in the tax laws, the
lenders which have previously participated in the bond program are no
longer willing to purchase tax-exempt bonds, and consequently, the
Authority and the lenders have agreed to participate in a taxable bond
issue, was before Council.
It was explained that to satisfy the requirements for tax-exempt
issues, the Authority has in the past limited its loans to residences
located in areas of the City which have been designated as redevelop-
ment areas, conservation areas or rehabilitation districts; that since
this restriction will not be applicable to a taxable issue, the Autho-
rity proposes to lend the proceeds of the new issue throughout the
City; and for areas which have not been so designated, however, the
Authority proposes to make loans only to borrowers whose incomes are
less than 80 per cent of the City's median income.
Mr. Knighton advised that it is arguable that, under Virginia law,
the Authority cannot make loans in areas which have not been so desig-
nated in the absence of Council approval of those loans; that the mea-
sure before Council is intended to effect this approval; and the mea-
sure would limit the approval to loans for persons meeting the income
test, thereby directing the loans in non-designated areas to lower-
income borrowers.
(Fur full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28566) A RESOLUTION approving the making of loans by the City
of Roanoke Redevelopment and Housing Authority with respect to residen-
ces located in areas of the City of Roanoke which are not designated as
redevelopment areas, conservation areas or rehabilitation districts.
(For full text of Resolution, see Resolution Book No. 50, page 115.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........... 6.
NAYS: None ....... . .... O.
(Council member Trout was absent.)
The City Manager submitted a written report advising that the
Private Rehabilitation Loan Program is a Community Development Block
Grant supported program by which the Roanoke Redevelopment and Housing
Authority makes mortgage loans to homeowners for rehabilitation or
purchase/rehabilitation of their homes, most recently at nine per cent
interest; that funds for the Private Rehabilitation Loan Program have
been obtained by tax-exempt mortgage revenue bonds sold by the Housing
Authority to local financial institutions, secured by a loan loss
reserve from the City equal to ten per cent of each bond issue; and the
program has been in operation for five years, during which time 124
loans have been made totalling $3,200,000.00, all in Conservation
Areas, Rehabilitation Districts, and Redevelopment Areas.
136
ACTION:
It was explained that the Tax Reform Act has made tax-exempt bond
issues for this type of program unattractive to bond investors, and
accordingly, the Housing Authority has negotiated with local financial
institutions to buy taxable bonds for continuation of the program; and
the terms of the continued program would allow for loans to homeowners
at the rate of nine per cent interest over a twenty-year period.
It was further explained that the Housing Authority and bond
buyers propose to make these loans available to low-moderate income
homeowners/homebuyers in al! areas of the City; that in addition, loans
would be available for homeowners/homebuyers of higher incomes in the
targeted areas (Conservation Areas, Rehabilitation Districts and
Redevelopment Areas); that City approval is necessary under Virginia
law for the Authority to make loans in areas not designated as target
areas; and the Housing Authority is requesting Council's approval for
the continuation of the Rehabilitation Loan Program, including its
extension to low-moderate homeowners/homebuyers in non-targeted areas
of the City.
The City Manager recommended that Council approve the continuation
and extension of the Private Rehabilitation Loan Program to allow the
Roanoke Redevelopment and Housing Authority to make loans to low-
moderate income homeowners/homebuyers in areas not designated as Con-
servation Areas, Rehabilitation Districts or Redevelopment Areas.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Harvey and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SNOW REMOVAL-CITY ENGINEER: The City Manager submitted a
written report advising that major snowstorms occurred in the Roanoke
Valley on January 22, 25, 26 and again on February 16-17, 1987; that
these storms deposited nearly 46 inches of snow accumulation at the
Roanoke Regional Airport; that the 1986-87 budget included $83,145.00
for snow removal from the City streets and rights of way, for overtime
salaries and chemicals, with other operating accounts being used for
regular salary equipment costs; and an additional $50,000.00 was appro-
priated by Council on February 17, 1987, for overtime expended during
the January snowstorms.
It was explained that City employees worked continuously during
these periods in an effort to combat the unusual accumulation of snow;
that extra manpower and equipment operated at night and on weekends
responding to specific requests for service from citizens; that
approximately 9,477 hours of regular time and 7,749 hours of overtime
was expended by City personnel plowing and salting streets, keeping
equipment in service, etc., at a salary cost of approximately
$166,000.00.
It was further explained that City equipment was operated for
8,870.5 hours; that the cost for fuel, parts, and supplies was approxi-
mately $29,000.00 and the wear and tear on equipment is almost incalcu-
lable; that 2,638.5 tons of rock salt was spread on streets and
bridges, the value being $98,943.75; and total cost to the City for
snow removal efforts this season has been approximately $545,000.00.
The City Manager recommended that Council appropriate $55,000.00
from the General Fund Contingency Account No. 001-002-9410-2199 into
the following accounts:
137
Snow Removal Overtime
Snow Removal FICA
Motor Fuels &
Lubricants
Chemicals
001-052-4140-1003
001-052-4140-1120
001-052-4140-2038
001-052-4140-2045
$ 17,000
1,000
6,000
31,000
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
ACTION:
(#28567) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 116.)
Mr. ~rvey moved the adoption of the Ordinance. The motion was
seconded by Nr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........................ 6.
NAYS: None .......
(Council member Trout was absent.)
BUDGET-NURSING HOME: The City Manager submitted a written report
advising that funds have been designated in the Capital Maintenance
and Equipment Replacement Program, to provide for the purchase of a
Whirlpool Bathing System for the City Nursing Home; that the system is
necessary to provide appropriate services to bedridden nursing home
patients; and the requested equipment will not exceed the cost of
$10~000.00.
The City Manager recommended that Council appropriate $7,293.08 to
City Nursing Home Account No. 001-054-5340-9015, to provide for the
purchase of a Whirlpool Bathing System.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28568)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
ACT[ON:
(For full text of Ordinance, see Ordinance Book No. 50, page 117.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........ 6.
NAYS: None .........
(Council member Trout was absent.)
I
INDUSTRIES: The City Manager submitted a written report advising
that specifications for site grading, Advance Stores Company, Inc.,
indicate testing is to be at the owner's (City of Roanoke) expense, and
this gives the City better control to assure that proper compaction is
performed; and on February 17, 1987, Council awarded a contract to
Thomas Brothers, Inc., for the grading contract.
It was explained that engineering services qualification proposals
for compaction testing were publicly advertised on February 13, 1987,
that four proposals were received on February 18, 1987, and interviews
were scheduled and negotiations were conducted.
138
ACTION:
The City Manager recommended that Council award an engineering
contract to Subsurface Technology, Inc., in a fond acceptable to the
City Attorney, in the amount of $14,550.00, not to exceed $16,550.00
without approval of Council; and a contingency of $2,000.00 for addi-
tional services as required.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28569) AN ORDINANCE authorizing the City Manager to enter into
a contract with Subsurface Technology, Inc., to provide compaction
testing for site grading for the Advance Stores Co., Inc. project at
Roanoke Centre for Industry and Technology; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 118.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by tile following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........... 6.
NAYS: None ............ O.
(Council member Trout was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that two firms have requested sewer availability from
the City of Roanoke for their individual developments:
Valley Developers, Inc. - regarding the development
of a 1.81 acre parcel to be known as the Royce
Apartments. This development will be facing on
Grandin Road Extension at the intersection with
Airview Road, S. W.
The Park-Oak Grove, L.P. - regarding the subdivi-
sion and development of a 4.05 acre parcel facing
on Woodmar Drive, off of Route 419 in southwest
Roanoke. lhis development will be known as Congre-
gate Housing.
It was explained that flow monitoring and field surveys have
established that a 2000 foot section of sewer line downstream from the
proposed developments does not have sufficient capacity to accommodate
the additional flow demands generated by the proposed developments and
any other development that may occur in the near future; that further
analysis and calculations have confirmed that the existing 2000 foot
section of eight inch sewer line will have to be replaced with a mini-
mum twelve inch line to properly convey the additional sewage demands
of these two developments and future development that may occur within
this service area; that the critical section of sewer involved extends
from the back of Lot No. 30, of the Westchester Subdivision oft' of West-
chester Avenue, runs along portions of Westchester and Norwood Street,
and terminates on Norwood Street in front of Lot No. 19, for a total
distance of approximately 2000 feet.
The City Manager advised that pursuant to provisions of the Vir-
ginia Local Planning Legislation, Title 15.1, Chapter 11, Code of
Virginia, 1950, as amended, Title 15.1-466, Paragraph (J) and Section
26-8, Code of the City of Roanoke, 1979, as amended, the two developers
are being asked to participate in the cost of design and construction
of the improvements necessary to bring the above section of sewer line
to adequate capacity in accordance with the agreement transmitted with
the report.
The City Manager recommended that Council authorize execution and
implementation of an agreement, in a form acceptable to the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
139
Mr. Musser offered the following emergency Ordinance:
(#285/0) AN ORDINANCE authorizing the City to enter into an
agreement providing for certain improvements to the Norwood Sanitary
Sewer System; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 118.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor-- 6.
NAYS: None ........ O.
(Council member Trout was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28550 rezoning a certain tract of land con-
taining two acres, more or less, located at the southeast corner of the
intersection of Route 419 and Woodmar Drive, S. W., designated as Offi-
cial Tax No. 5090207, and a portion of Official Tax No. 5090205, from
C-1, Office and Institutional District, to C-2, General Com~ercial
District, subject to certain proffered conditions, having previously
been before the Council for its first reading on Monday, March 9, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the fo]lowing for its second reading and
final adoption:
(#28550) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 19/6 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 109.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ............. 6.
NAYS: None ...................
--0 o
(Council member Trout was absent.)
STREETS AND ALLEYS: Ordinance No. 28551 permanently vacating,
discontinuing and closing a paper alley, ten feet wide and 150 feet in
length, running between Lots 16 and 17, Block 3, Map of Rosalind Hills,
having previously been before the Council for its first reading on
Monday, March 9, 1987, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#28551) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 110.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ............. 6.
NAYS: None ......... O.
(Council member Trout was absent.)
140
ACTION:
ACTION:
ACTION:
SPECIAL PERMITS-EASEMENTS: Ordinance No. 28559 granting a revo-
cable license for the construction of certain building appendages
encroaching over and into a portion of Campbell Avenue, S. W., First
Street, S. W., and Kirk Avenue, S. W., located at 34 Campbell Avenue,
S. W., Official Tax No. 1011701, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, March 9, 1987, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28559) AN ORDINANCE granting a revocable license for the con-
struction of certain building appendages encroaching over and into a
portion of Campbell Avenue, S. W., First Street, S. W., and Kirk Ave-
nue, S. W., located at 34 Campbell Avenue, S. W., Official Tax No.
1011701, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 111.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or. 6..
NAYS: None ..........................
(Council member Trout was absent.)
AIRPORT: Ordinance No. 28561 authorizing the Mayor to enter into
a certain contract between the City, Roanoke County and the Roanoke
Regional Airport Commission; and further authorizing the Mayor to exe-
cute on behalf of the City a quitclaim deed conveying to such Commis-
sion certain real property of the City dedicated to airport use,
excepting the real property known as Fire Station No. 10, having pre-
viously been before the Council for its first reading on Monday,
March 9, 1987, read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following for its second
reading and final adoption:
(#28561) AN ORDINANCE authorizing the Mayor to enter into a cer-
tain contract between the City, Roanoke County and the Roanoke Regional
Airport Commission; and further authorizing the Mayor to execute on
behalf of the City a quitclaim deed conveying to such Commission cer-
tain real property of the City dedicated to airport use, excepting the
real property known as Fire Station No. 10.
(For full text of Ordinance, see Ordinance Book No. 50, page 112.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ............ 6.
NAYS: None ..............
(Council member Trout was absent.)
BUDGET: Mr. Garland offered the following emergency budget ordi-
nance transferring $g9,500.00 from Fund Balance - Reserved for Insur-
ance Claims to Non-Departmental - Mi scel laneous:
(#28571) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 119.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
141
AVES: Council members Bowles, Garland Harvey, Musser, Bowers and
Mayor Taylor-
NAYS: None ..............................
(Council member Trout was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:10 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
ATTEST: '~~J~Jll~
C~ty C1 erk
APPROVED
.Mayor
142
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 23, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 23, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
David A. Bowers, E)izabeth T. Bowles and Mayor Noel C. Taylor- --5.
ABSENT: Council members Howard E. Musser and James O. Trout
.2.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Eugene Burris,
Pastor, Airlee Court Baptist Church.
The Pledge of Allegiance to the Flag of the
was led by Mayor Taylor. .
SCHOOLS: As of July 1, 1987, there will be two vacancies on the
Roanoke City School Board for terms of three years each endin9 June 30,
1990. Pursuant to Chapter 9, Education, Article II, Procedure for
Election of School Trustees, Section 9-19, Preliminary screenin9 of
candidates, on or before March 31, Council, as a Committee of the
Whole, shall at a regular or special meeting, review and consider all
candidates for the position of school trustee, the matter was before
the body.
As of March 10, 1987, the deadline for receipt of applications,the
following persons applied for the two upcoming vacancies:
Sallye T. Coleman
Marilyn L, Curtis
Joe D. McCoy
William White, Sr.
ACTION:
Mr. -Garland moved that the abovenamed persons be interviewed on
Thursday, April 16, 1987, at 7:00 p.m., in the Council Chamber. The
motion was seconded by Mr. Harvey and adopted.
BID OPENINGS:
ACTION:
ACTION:
EMERGENCY SERVICES: Pursuant to notice of advertisement for bids
for E-911 Communications, Alterations and Additions to the Municipal
Building, said proposals to be received by the City Clerk until 1:30
p.m., on Monday, March 23, 1987, and to be held, opened and read before
the Council at 2:00 p.m., on that date, or as soon thereafter as the
matter may be heard, the Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the one
and only bid received from Construction Services of Roanoke, Inc., in
the amount of $119,210.00.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recommendation to Council.
The motion w~s seconded by Mr. Bowers and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. Clark and Charles M. Huffine as members of the committee.
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for construction of Mudlick Creek Sanitary Sewer - Phase I, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
March 23, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
H. Hamner Gay and Company, Inc.
Aaron J. Conner General Contractor,
Inc.
Marshall Construction Company, Inc.
Prillaman and Pace, Inc.
$ 599,935.68
685,311.80
863,917.50
1,143,825.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mrs. Bowles and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
143
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, a personnel matter, a matter involving the dispo-
sition of publicly held property, and legal matters relating to the
negotiation of a contract.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, February 17, 198/; and Monday, February 23, 1987, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Tayl or ......... ----5.
NAYS: None .......
O.
(Council members P~sser and Trout were absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, com~isstons and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
144
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor ....................................... .-5.
NAYS: None .....................
O®
(Council members ~sser and Trout were absent.)
PUBLIC ASSISTANCE-REHABILITATION CENTERS: A communication from
Council member David A. Bowers advising that there have been several
situations in the City in recent months regarding the placement of
halfway homes in residential neighborhoods; that the City is confronted
with the competing interest of protecting family homes on one hand, and
meeting the increasing demands for placement of social service homes in
the community on the other; and our society is changing and more and
more we must face the reality that battered women, transients, offen-
ders, and others in need of human services, will be rehabilitated by
co-mingling with society instead of being institutionalized permanent-
ly, was before Council.
Mr. Bowers said he believes the responsibility for providing half-
way homes for needy citizens should be shared not only by the home-
owners of the City of Roanoke, but also by those residents who reside
in neighborhoods of other jurisdictions in the Valley; that human pro-
blems inherent to an urban community are not just the problems of an
intercity, they are also the problems of the suburbs; that intercities
and suburbs alike should share in efforts to control and solve the pro-
blems; and helping the needy is an obligation of all citizens in the
Roanoke Valley community, wherever they live.
Accordingly, Mr. Bowers said he has asked the Work Planning Com-
mittee of the Fifth Planning District Commission to study in the ensu-
ing year the relationship between halfway homes and the neighborhoods;
that additionally, he understands the City Planning Department and Roa-
noke County Planning Department are, as he suggested to them last fall,
meeting to discuss planning issues of mutual concern to both jurisdic-
tions, and the subject of halfway houses should be an issue that this
cooperative venture between City and County departments should discuss.
Mr. Bowers stated that a study needs to be conducted as to what
impact the several halfway houses which exist in Roanoke have had on
their respective neighborhoods, and more particularly, with regard to
stability, valuation, incidences of crime, etc., and additionally, it
is important to determine the availability of other locations in the
Roanoke Valley, not necessarily just in the City, which might be accep-
table sites for halfway homes in the future.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Tayl or ...... ---5.
NAYS: None .........
.0.
(Council members Musser and Trout were absent.)
ZONING: A report of qualification of L. Elwood Norris as a member
of the Board of Zoning Appeals, for a term of three years ending
December 31, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Bowers moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor .......... ---5.
NAYS: None ....... -0.
(Council members Musser and Trout were absent.)
ACTION:
ACT[ON:
ACT[ON:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a personnel matter, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Tayl or ........... 5.
NAYS: None ........
(Council members Musser and Trout were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving the disposition of publicly held
property, pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
the disposition of publicly held property, pursuant to Section 2.1-344
(a) (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor ................ _ .......... 5.
NAYS: None ........ O.
(Council members Musser and Trout were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss legal matters relating to the negotiation of a
contract, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss legal matters
relating to the negotiation of a contract, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Tay] or ......... --5.
NAYS: None .........
(Council members Musser and Trout were absent.)
145
REGULAR AGENDA:
HEARING OF CIT!ZENS UPON PUBLIC MATTERS:
BUDGET-GRANTS: Mr. Melvin W. Garrett appeared before Council in
reference .to his firm known as Operation Home Health Care, advising
that he previously requested funding from the City; however, it is his
understanding that funds will not be included in the 1987-88 fiscal
year budget. He said he was told by City representatives that organi-
zations presently exist in the City of Roanoke that provide the same
type of services provided by Operation Home Health Care. He explained
146
ACTION:
that he has conducted a study which demonstrates that the services
which are being provided and the ratio of individuals served is inade-
quate to meet the needs of citizens in the community.
Mr. Garrett requested that Council reconsider the request of
Operation Home Health Care for funding inasmuch as it falls under three
categories outlined in the Community Development Block Grant Program,
as follows:
Supports increased neighborhood self-sufficiency in
such areas as crime prevention, citizen involvement
and overall visual enhancement of a community;
Expands employment base for the Roanoke area; and
Supports development of nei9hborhood multi-purpose
human service centers.
Mr. Garland moved that the matter be referred to the City Manager
for report to Council as to whether or not Mr. Garrett's business
qualifies for funding under the Community Development Block Grant
Program. The request was also referred to the Citizens' Services Com-
mittee for study, report and recommendation to Council. The motion was
seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council transfer $20,218.00 from the School
Board Contingency Account, to the Transportation Category, to provide
for the purchase of optional state approved school bus safety equipment
and for the operation of a pilot program which will place school bus
aides on kindergarten school buses, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request, ~as also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28572) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriations, and providing for an emer-
gency.
(For full text of Ordinance, see Ordinance Book No. 50, page 122.)
Mrs. Bowles moved the adoption of the Ordinance. The motion ~s
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Tayl o r ....... ---5.
NAYS: None ........
-0.
(Council members Musser and Trout were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BRIDGES: The City Manager presented an oral briefing on the sta-
tus of repairs to Walnut Avenue Bridge. He advised that since January
1, 1987, the contractor has been able to work 37 work days, or 47 per
cent of the time up to and including March 19, 1987, and the balance of
time has been unworkable due to weather (snow and/or cold).
147
It was explained that roadway preparation is virtually complete;
that it will require a minimum of two and a maximum of four consecutive
days of good weather (50 degrees and rising temperatures) to pour the
latex modified concrete overlay; that present plans are to pour one-
half of the deck on Thursday, March 26 and the other half on ~'~nday,
March 30, and each day thereafter a test concrete cylinder will be
crushed at a local testing laboratory and as soon as the concrete
reaches a compressive strength of 3,000 psi, the bridge can be opened
to traffic which should take no more than seven days.
AIRPORT: The City Manager presented an oral briefing on the air-
port funding status, advising that he, along with Mayor Taylor and
Chairman Bob Johnson met with Senator Paul S. Trible and represen-
tatives of the Federal Aviation Administration on Friday, March 20,
1987, to discuss funding for the Airport Terminal Building Project;
that $6,827,389.00 in additional federal funds have been requested by
pre-application submitted to the FAA; that this is not to be confused
with the $1,902,006.00 in grant funds that have already been approved
by the FAA; and the $1,902,006.00 in FAA funds were matched with
$119,500.00 in state funds and $578,994.00 in local funds, to make a
total project amount of $2,595,500.00 for land acquisition, design fees
and Phase I of site grading and utilities.
It was explained that representatives ~$re well received at the
March 20 meeting and were given assurances that the FAA would find a
way to fund the project request, however, no formal commitment ~as
obtained; and formal commitment, in the form of a written letter, set-
ting forth a tentative allocation is not expected until mid or late
summer, or perhaps not until there is some assurance that Congress will
authorize and appropriate funds for an Airport Improvements Program
beyond September 30, 1987.
Mr. Herbert advised that routinely, a tentative allocation is
followed by:
Receipt of bids,
Formal application of a specific amount based on the bids,
Formal grant offer, and
Execution of a grant agreement.
He said current timing is as follows:
Receive plans and specifications for critique by
April 30, 1987,
Respond to engineers by June 1, 1987',
Project documents ready to bid by June 15, 1987,
Bid document by June 21, 1987,
Receive bids by July 27, 1987 (hold bids up to 120
days).
*Also subject to timing required to obtain FAA
approval of plans and specifications.
By November 23, 1987:
Receive tentative allocation,
Apply for grant,
Execute grant agreement,
Award a contract.
The City Manager explained that construction may be able to start
on Phase I, site grading and utilities, prior to final commitment from
the FAA on the remainder of the funding if Council is agreeable to pro-
ceeding with the first step prior to total project funding being in
place.
ITEMS RECOMMENDED FOR ACTION:
GRANTS: The City Manager submitted a written report advising that
the City of Roanoke receives an annual entitlement from the U. S.
Department of Housing and Urban Development (HUD) in the rom of a
Community Development Block Grant (CDBG); that HUD representatives
informed City staff to expect $1,545,000.00 in CDBG funds for the
City's fiscal year 1987-88 (this figure may decrease pending outcome of
148
ACTION:
ACTION:
current activities in Congress, but it is not expected to); that
Council will be briefed on April 6, 1987, on recommended activities for
the fiscal year 1987-88 CDBG program; and citizen participation
requirements call for an evening public hearing by Council prior to
submission of CDBG Statement of Objectives to HUD.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing on Monday, April 13, 1987, at
7:30 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in ~he recommendation of
the City Manager, and schedule a Community Development Block Grant
public hearing on Monday, April 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber. The
motion was seconded by Mrs. Bowles and adopted.
PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that on December 15, 1986, Joel H. Kelly requested that a day
be established for citizens to give food to be distributed to the needy
in the Roanoke Valley; and the City Administration has worked with Mr.
Kelly, TAP Food Bank and Roanoke County, Salem, and Vinton to plan a
valley-wide food drive.
It was explained that April 6, 1987, has been planned for TRIUMPH
(Tying Roanoke Into United Movement Preventing Hunger); that the event
is sponsored by the Southwest Virginia Food Bank and the governing
bodies of the City of Roanoke, City of Salem, Town of Vinton and
Roanoke County; that citizens of the Roanoke Valley will have an oppor-
tunity to contribute to the TAP Food Bank by contributing cans of food;
that drop-off points will be at all fire stations and libraries in the
Roanoke Valley; that TAP will provide personnel to collect and deliver
contributions to agencies who are members of the Food Bank; and on
March 27, 1987, the chief elected official of each locality in the
Roanoke Valley will sign a joint proclamation urging all residents to
participate in the event.
The City Manager recommended that Council concur in plans for the
event and urge all residents of the City to participate to the fullest
extent possible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and adopted.
PUBLIC ASSISTANCE-CITY EMPLOYEES: The City Manager submitted a
written report advising that the Code of the City of Roanoke, 1979, as
amended, Chapter 2, Section 2-45, Leave of Absence for Educational
Purposes, states in part:
Leave of Absence, not to exceed twelve consecutive
months for educational purposes can be granted a
City employee upon approval by the City Manager and
Council.
Employee granted such leave shall be compensated in
an amount not exceeding fifty per cent of the rate
of compensation received by the employee at the
commencement of the leave.
Employee shall agree to remain in the employment of
the City for a period of three consecutive years
following termination of the leave.
Not more than one employee of the City shall be
granted or be on educational leave at any one
time, and his duties and responsibilities must be
adequately performed by another person presently
employed by the City.
ACTION:
ACTION:
It was explained that the Social Services Department has an
employee who is completing the first year of graduate work and is
requesting a leave of absence for educational purposes; that Ruth D.
Clark, Social Work Supervisor, has completed her first year class
requirements for a Master's Degree in Social Work by attending Virginia
Commonwealth University's part-time program in Radford and attending
classes since September, 1985; that to complete the requirements and
obtain a Master's Degree in the part-time program requires a minimum of
five years and Ms. Clark is requesting leave beginning June 9, 1987,
through September 7, 1987; and the State Department of Social Services
also has a Leave of Absence for Educational Purposes which will enable
the City to claim reimbursement for 80 per cent of one-half of salary
paid to Ms. Clark.
The City Manager recommended that Council approve Leave of Absence
for Educational Purposes for Ruth D. Clark, Social Work Supervisor in
the Social Services Department.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28573) A RESOLUTION approving the granting of a leave of
absence for educational purposes to Ruth D. Clark, an employee of the
Department of Human Resources.
(For full text of Resolution, see Resolution Book No. 50, page 123.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor-- - ............... 5.
NAYS: None- O.
(Council members Musser and Trout were absent.)
LANDMARKS-CITY MARKET: The City Manager submitted a written report
advising that Downtown Roanoke, Inc., has requested on behalf of
several downtown businesses and associations that the City consider
requesting a marker from the Virginia Division of ~stortc Landmarks
for the Roanoke City Market; that the cost for the marker is a prepara-
tion fee of $800.00; that each of the four entities requesting the
marker have pledged $200.00 toward the fee; and wording on the marker
has been suggested, however, the Division of ~storic Landmarks will
research the district's history and provide an actual description to be
placed on the marker.
It was explained that the Architectural Review Board must approve
the marker and its placement in the Market; that the Board met on
February 5, 1987, to discuss the request and gave their preliminary
approval for the marker; and the Board requested the staff to review
the final wording of the marker and that placement somewhere in Market
Square be considered, with final placement being approved by the Board.
The City Manager recommended that he be authorized to request a
historic marker for the City Market area, to be placed at a location
approved by the City Engineer and the Roanoke City Architectural Review
Board, and that pledges for the cost of the marker be placed in a con-
tributions account within the Capital Projects Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted.
CITY INFORMATION SYSTEMS: The City Manager submitted a written
report advising that on January 24, 1983, Council adopted a report on
the purchase of computer equipment; that on May 16, 1983, bid award and
funds appropriations for the computer purchase were approved by Council
and computer equipment purchased included:
149
150
Central Processing Unit (CPU)
Peripheral computer equipment
including control units, tapes,
disks, printers and terminals;
Total
$ 300,000.00
507,615.00
$ 80/,615.00
Equipment purchased:
Cost $807,615.00
July 1983, was installed
Lease-purchase breakeven point of 24 months
(which occurred in July 1985)
Cost savings of over $30,000.00 monthly since the
breakeven point, amounting to over $720,000.00 by
the end of June 1987.
It was explained that 175 system enhancement projects and 15 new
systems have been implemented since the equipment was installed; that
staff improvements for systems development have been made through
reorganizations and staff turn-over; that operating system software
currently in use include VM and VSE; and the VSE system and its prede-
cessor, DOS, have been in use in the City since 1968.
The City Manager advised that the Central Processing Unit (CPU) is
used at its practical maximum; that CPU power is not available for con-
tinued system development work and the new systems planned for the near
future; that computer printing volumes often exceed printing capacity;
that disk storage subsystem is not adequate to handle a system of soft-
ware change nor is it adequate to handle the City's long term data
handling needs; that all computer related equipment purchased in 1983
and subsequently, with the exception of the CPU, is expected to be
functionally useful and remain in use; that lease cost savings will
continue to accrue on the 1983 purchased equipment which will remain in
use; and VSE Operating System Software weaknesses and restrictions are
causing concerns in the following areas:
Limited capacity exists for the addition of new on-
line application systems.
Labor intensiveness in operating system maintenance
is characteristic of medium to large systems using
VSE.
System management facilities of VSE are not ade-
quately strong in areas such as disk space manage-
ment, job scheduling, and error handling to main-
tain good "up-time" and consistent response time.
It was further explained that MVS Operating System Software is
used on most large IBM computers; that it was designed for medium and
large host computers and offers a number of significant advantages over
VSE; and change from VSE to the MVS-XA operating system is in itself a
large and expensive undertaking and the following must be considered:
In excess of sixty man months of system development
staff time will be required for the change.
Significantly more computer resources are required
during a operating system change than just before
or after the change.
It was noted that currently published price of MVS-XA exceeds cost
of VSE by $9,000.00 per month and has an initial license charge of
$43,500.00; and decision to delay an MVS-XA conversion would have the
following impacts:
ACTION:
ACTION:
Increased complexities and manpower costs asso-
ciated with continued D/P services expansion.
Increased costs and manpower associated with a
change in later years.
Limited points in future years at which a migration
decision can be made.
The City Manager recommended that Council approve implementation
of a plan to upgrade computer hardware and convert to the MVS-XA
operating system, using the currently installed 4341 CPU temporarily to
enhance the migration.
(For full text, see report on file in the City Clerk's Ofl=~ce.)
Mr. Bowers moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and adopted.
BUDGET-EQUIPMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that Council
accept the lowest responsible bids for refuse vehicles, as follows:
Three new cab/chassis for refuse loaders from
Johnson International Trucks, Inc., for a total
amount of $100,405.26.
Four refuse bodies for cab/chassis and one hydrau-
lic trash loader for bulky items from First Pied-
mont Corporation, for a total amount of $98,015.35.
Reject bids for one new low entry cab/chassis for
20 cu. yd. rear loading refuse body; and one new
low entry cab/chassis for 25 cu. yd. rear loading
refuse body.
Appropriate $198,420.61, from Capital Maintenance
and Equipment Replacement Program to Refuse Collec-
tion Department.
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowl es offered the following
transferring $198,420.00 from Capital
Replacement Program to Refuse Collection:
emergency budget
Maintenance and
Ordinance
Equipment
(#28574) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council members Garland, Harvey, Bowles and Mayor
Taylor .................................... 4.
NAYS: None .................
(Council members Musser and Trout were absent.) (Council member Bowers
abstained from voting.)
Mrs. Bowles offered the following emergency Ordinance accepting
the bids of Johnson International Trucks, Inc., and First Piedmont
Corporation:
(//28575) AN ORDINANCE accepting bids for refuse vehicular equip-
ment; rejecting other bids, and providing for an emergency.
151
152
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council members Garland, Harvey, Boules and Mayor
Tayl or ................................ 4.
NAYS: None ...........
O®
(Council members Musser and Trout were absent.) (Council member Bowers
abstained from voting.)
The City Attorney advised that in order for the above ordinances
to pass as emergency measures, they require five affirmative votes of
the Council; whereupon, the emergency clause was deleted from each
ordinance.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28574) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance.
(For full text of Ordinance, see Ordinance Book No. 50, page 125.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Garland, Harvey, Bowles and Mayor
Tayl or .............. 4.
NAYS: None ........ O.
(Council members Musser and Trout were absent.)
abstained from voting.)
(Council member Bowers
Mrs_ Bowles moved that the following Ordinance be placed upon its
first reading:
(#28575) AN ORDINANCE accepting bids for refuse vehicular equip-
ment; rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 50, page 125.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council
Taylor ............
members Garland, Harvey, Bowl es and Mayor
NAYS: None .......... O.
(Council members Musser and Trout were absent.) (Council member Bowers
abstained from voting.)
BUDGET-WATER DEPARTMENT-SEWERS AND STORM DRAINS: The City Manager
submitted a written report concurring in a report of the Bid Committee
with reference to air diffuser replacement at the Water Pollution
Control Plant, recommending that Council accept the lowest bid meeting
specifications submitted by Water Pollution Control Corporation, in the
total amount of $24,440.40; and that Council approve transfer of
$24,440.40 from STP Sewer Account No. 003-056-3150-2010 to STP Capital
Account No. 003-056-3175-9060.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28576) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 123.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
153
ACTION:
AYES:
Tayl or ........
AYES:
Tayl or-
Council members Garland, Harvey, Bowers, Bowles and Mayor
NAYS: None---
(Council members Musser and Trout were absent.)
Mr. Garland offered the following emergency Ordinance:
(#28577) AN ORDINANCE accepting the bid of Water Pollution
Control Corporation made to the City for furnishing and delivering
aeration diffusers for the Water Pollution Control Plant; rejecting all
other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book-No. 50, page 124.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
Council members Garland Harvey, Bowers, Bowles and Mayor
NAYS: None-
(Council members Musser and Trout were absent.)
ACTION:
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of February, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the financial report be received and filed.
The motion was seconded by Mr. Garland and adopted.
ACTION:
ACTION:
REPORTS OF COMMITTEES:
AIRPORT: A report of the Airport Advisory Commission with
reference to a recommended increase in rentals and fees for airport
tenants, advising that no formal action was taken due to the lack of a
quorum, but the three members present favored the recommendation of the
City Administration to increase rental rates and fees for users of air-
port facilities by nine per cent, was before Council.
Inasmuch as a quorum was not present to act on the recommendation,
Mr. Bowers moved that the matter be referred back to the Airport Advi-
sory Commission for study, report and recommendation to Council by a
majority of the members of the Commission. The motion was seconded by
Mrs. Bowl es.
Mr. Harvey, Council's liaison member to the Airport Advisory Com-
mission, advised that it is not necessary to send the matter back to
the Airport Advisory Commission unless that is the specific desire of
Council. He said the matter was fully explained and the rentals and
fees need to be adjusted in order to make the airport a viable opera-
tion. He explained that the City Administration informed the Commis-
sion of the importance of sending the information to Council in a
timely manner, even though a quorum was not present.
Mr. Garland said it should be pointed out that there have been no
rate increases since 1984 and in that same time period inflation has
increased as much as ten to fifteen per cent; that the recommended
increases were approved by unanimous vote of those members in atten-
dance at the Airport Advisory Commission meeting; that a reasonable
rate structure is proposed by the City Administration and the Commis-
sion, and he is in complete accord.
The motion was adopted by the following vote:
AYES: Council members Bowles, Bowers and Mayor Taylor .......... 3.
NAYS: Council members Garland and Harvey- . .......2.
(Council members Musser and Trout were absent.)
154
ACTION:
ACTION:
EMERGENCY SERVICES: Council member Robert A. Garland, Chairman of
a committee appointed by the l~yor to study the bid received for E-911
Communications, Alterations and Additions to the Municipal Building,
presented a written report on behalf of the committee recommending that
Council reject the one bid received on the basis of not having a com-
petitive price available, and that the one bid exceeds the estimated
cost; and authorize the City Manager to readvertise for bids imme-
diately.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the followin9 Resolution:
(#28578) A RESOLUTION rejecting all bids for the E-911 com-
munications, alterations and additions to the Municipal Building.
(For full text of Resolution, see Resolution Book No. 50, page 124.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the followin9 vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor ............. ----5.
NAYS: None ......... O.
(Council members Musser and Trout were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF O(~DINANCES AND RESOLUTIONS:
C & P TELEPHONE COMPANY-EMERGENCY SERVICES: Ordinance No. 28562
amending and reordainin9 the Code of the City of Roanoke (1979), as
amended, by the addition of a new article imposing a special tax on the
consumers of telephone service, pursuant to §58.1-3813, Code of
Virginia (1950), as amended, and providing for the amount of such tax,
procedures for collection, duties of )ocal officials with respect to
such tax, exemptions and penalty for failure to pay; and further pro-
viding for an effective date of July 1, 1987, having previously been
before the Council for its first reading on Monday, March 16, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#28562) AN ORDINANCE amending and reordainin9 the Code of the
City of Roanoke (1979), as amended, by the addition of a new Article
XIII, Special Tax on Consumers of Local Telephone Service, to Chapter
32, Taxation; such new ~krticle XIII imposing a special tax on the con-
sumers of telephone service pursuant to §58.1-3813, Code of Virginia
(1950), as amended, and providing for the amount of such tax, proce-
dures for collection, duties of local officials with respect to such
tax, exemptions and penalty for failure to pay; and further providing
for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 120.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Bowers, Bowles and Mayor
Taylor ........... . .... 5.
NAYS: l~ne ......
(Council members Musser and Trout were absent.)
O®
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
155
At 2:55 p.m., the Mayor declared the meeting in recess.
At 4:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council members Musser and Trout.
YOUTH SERVICES CITIZEN BOARD: The ~yor advised that there is a
vacancy on the Youth Services Citizen Board, created by the resignation
of Corinne B. Gott, for a term ending May 31, 1989, and called for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mollie C. DeBerry.
There being no further nominations, Ms. DeBerry was elected as a
member of the Youth Services Citizen Board, to fill the unexpired term
of Corinne B. Gott, resigned, ending May 31, 1989, by the following
vote:
ACTION: FOR MS. DEBERRY: Council members Garland, Harvey, Bowers, Bowles
and Mayor Taylor-- 5.
(Council members Musser and Trout were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
APPROVED
ATTEST: ~
City C1 erk
Mayor
156
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 6, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 6, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re§ular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of 'Roanoke
(1979), as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and Mayor Noel C.
Tayl or ................ 6.
ABSENT: Council mmlber James O. Trout
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker
City Clerk. '
The meeting was opened with a prayer by The Reverend George H. Gravitt,
Pastor, Huntington Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor. ~.'~""-,~ ~ ,".~ !~'~
POLICE DEPARTMENT-RADIO-TELEVISION: Mrs. Bowl es offere~, the
following Resolution commending the media for their support of the
Roanoke Valley Crime Line:
(#28579) A RESOLUTION commending the media and others for their
support of Crime Line.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 126.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ..... 6.
NAYS: None O.
(Council member Trout was absent.)
ACTION:
SCHOOLS: As of July 1, 1987, there ~ll be two vacancies on the
Roanoke City School Board for terms of three years each commencing
July 1, 1987, and ending June 30, 1990. Pursuant to Section 9-20, of
the Code of the City of Roanoke, 1979, as amended, on or before April
20, Council must select from the field of candidates those candidates
to be accorded the formal interview for the position of School Board
Trustee, the matter was before the body.
Mr. Garland moved that Ms. Sallye T. Coleman, Ms. Marilyn L.
Curtis, Mr. Joe D. McCoy and Mr. William White, Sr., be certified for
interview on Thursday, April 16, 1987, at 7:00 p.m., in the City
Council Chamber. The motion was seconded by Mrs. Bowles and adopted.
PUBLIC HEARINGS:
BUDGET-REVENUE SHARING: The City Clerk having advertised a public
hearing for Monday, April 6, 1987, at 2:00 p.m., or as soon thereafter
as the matter may be heard, for the purpose of amending the 1986-87
City budget with respect to unanticipated General Revenue Sharing
Receipts, in the amount of $53,030.00, the matter was before the body.
157
Advertisement of the public hearing was published in the morning
edition of the Roanoke Times & World-News on Friday, March 20, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. ~sser offered the following emergency budget Ordinance:
(#28580) AN ORDINANCE to amend and reordain certain sections of
the 1986o87 General Fund Appropriations, and providing for an emer-
gency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 127.)
No person v~shing to address Council regarding the matter, Mr.
Musser moved the adoption of the Ordinance. The motion was seconded by
Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or .................. 6.
NAYS: None ........ .0.
(Council member Trout was absent.)
CONSENT AGENDA:
,!
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 2, 1987, and !~nday, March 9, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ............ -6.
NAYS: None ............
(Council member Trout was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
March 23, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Bowers moved that the pending list be received and filed. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor .......... 6. ·
NAYS: None ........... O.
(Council member Trout was absent.)
BUDGET: A report of the City Manager requesting that Council for-
mally concur in the following budget adoption schedule for fiscal year
1987-88, was before the body.
158
ACTION:
Date(s) Time
Scheduled Events
April 17
Distribution of Recon~aended Budget
Documents to City Council,
April 20 10:00 a.m.
City Manager's Press Conference on
Recommended Budget.
1:00 p.m.
Special meeting of City Counci] for
Presentation of Recommended Budget
by City F~na§er.
April 21
Public Advertisement of Public Hear-
ings on Tax Rates and Recommended
Budget.
April 27 9:00 a.m. -
11:30 a.m.
Pre-Publ ic Hearing Budget Review
Session.
April 28 7:30 p.m.
Public Hearings on Tax Rates and
Recommended Budget.
May 4 9:00 a.m. -
12:00 noon
City Council Budget Study Session.
May 5 9:00 a.m. -
12:00 noon
City Council Budget Study Session
with School Board.
1:00 p.m. -
4:00 p.m.
City Council Budget Study Session.
May 6 8:00 a.m. -
12:00 noon
City Council Budget Study Session.
1:00 p.m. -
4:00 p.m.
City Council Budget Study Session.
May 7 8:00 a.m. -
12:00 noon
City Council Budget Study Session.
1:00 p.m. -
4:00 p.m.
City Council Budget Study Session.
May 8
Work Period for the Administration.
May 11 2:00 p.m.
Special Meeting of City Council to
Adopt the Fiscal Year 1987-88 Bud-
get.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommended budget
schedule. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ....... 6.
NAYS: None .........
(Council member Trout was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND CO~MUNICATIONS: NONE.
REPORTS OF OFFICERS:
NONE,
CITY MANAGER:
m
m
ACTION:
159
BRIEFINGS:
GRANTS-PLANNiNG: The City Manager submitted a written report in
connection with the proposed fiscal year 1987-88 Community DeveloF~ent
Block Grant Program and budget, transmitting the following descriptions
of the program and budget recommendations, noting that the proposed
budget is based upon the receipt of $3,177,000.00 from two major reve-
nue sources, with a CDBG entitlement of $1,545,000.00 for 1987-88.
Housing Revitalization ($700,399.00) will allow re-
habilitation of 87 substandard houses over a twelve
month period. ~e above amount includes funds for
the fourth year of the five year Gainsboro Housing
Revitalization Strategy and all the housing programs
that w~re funded in 1986-87.
Community Services ($20,000.00) will continue the
provision of services to residents of the Gainsboro
neighborhood.
Neighborhood Assistance ($148,860.00) will provide
$94,860.00 in administrative costs for the seventh
operating year of the Roanoke Neighborhood Partner-
ship, plus $5,000.00 for mini-grant funds to directly
benefit neighborhoods and $49,000.00 for the Gains-
boro PAC/GNDC neighborhood administrative offices.
Contractual Commitments ($742,000.00) will allow
$530,000.00 for the third of ten annual repayments of
the Section 108 loan which was used for acquisition
and relocation connected with the Coca-Cola UDAG and
$212,000.00 for the Deanwood/Shaffer's Crossing 108
repayment.
Employment and Industrial Development ($1,392,000.00)
will provide $250,000.00 to begin improving the phy-
sical amenities (public utilities, parking lot impro-
vements, etc.) connected with the Henry Street Revi-
val Project, $75,000.00 for site development costs
associated in the Deanwood Expansion area, $10,000.00
in matching funds for the Williamson Road Area Busi-
ness Association to hire a Main Street Coordinator to
promote the Williamson Road corridor and $962,000.00
as a short-term, low interest rate loan to Downtown
Associates to promote job retention and the creation
of new jobs.
General Administration ($173,741.00) will allow the
City and the Roanoke Redevelopment and Housing Auth-
ority to perform HUD-mandated management procedures
regarding administration of the program.
In conclusion, the City Manager advised that the proposed CDBG
budget and program is a balanced one; that it provides for housing
improvement, business development, the creation of new job oppor-
tunities, human development, the strengthening of neighborhood organi-
zations and adequate administrative oversight for the entire program;
that it will allow the City to build upon the successes of the past,
meet some urgent critical needs and do so Without the addition of
costly new programs.
It was noted that on April 13, 1987, at 7:30 p.m., Council has
scheduled a public hearing to receive comments from citizens; and at
that time, Council will be requested to authorize the City Manager to
submit the 1987-88 Statement of Objectives to the Richmond Office of
the Department of Housing and Urban Development for review and appro-
val.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion w~s seconded by Mr. Garland and adopted.
llle
160
ACTION:
ITEMS RECOMMENDED FOR ACTION:
STREETS AND ALLEYS-SPECIAL PERMITS: The City Manager submitted a
written report advisin9 that on November 16, 1986, Council authorized
the temporary closure of Coveland Drive, N. W., by barricading it at
the eastern side of Ferncliff Avenue, N. W., until such time as the
improvements currently being made to Hershberger Road have been comple-
ted; and a barricade consisting of concrete planters was erected on
March 25, 198/, to put the closure into effect.
It was explained that a letter dated January 28, 1987, has been
received from The Snyder-Hunt Corporation regarding Westwind Apartments
which are located on Coveland Drive between Ferncliff Avenue and Hersh-
berger Road, whereby they have requested that they be allowed to tem-
porarily install a fence across Coveland Drive adjacent to and in
conjunction with the City's temporary street closure; and fencing
across Coveland Drive would link together the existing fence that par-
tially encloses the entire Westwind Apartment complex which would serve
to further improve security at the apartment complex by diminishin9 the
unlawful acts of vandals that pass through the apartment complex on
foot.
The City Manager recommended that Council approve the request of
The Snyder-Hunt Corporation and grant a revocable license to encroach
onto Coveland Drive to temporarily instal! a fence adjacent to the area
barricaded by the City, subject to terms and conditions described in
the report, and those customarily required of licensees of the City.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(~28581) AN ORDINANCE granting a temporary revocable license for
a certain temporary encroachment over Coveland Drive, N. W., upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 138.)
The motion was seconded by Mr. Bowers and adopted by the followin9
vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None ........
De
(Council member Trout was absent.)
TAXICABS: The City Manager submitted a written report advising
that Section 34-92 of the City Code requires all businesses who operate
vehicles for hire on the streets of the City to have a Certificate of
Public Necessity; that Yellow Cab Company of Roanoke, Inc., organized
in 1933, is the primary provider of taxicab service within the City of
Roanoke; that Yellow Cab Company of Roanoke, Inc., has been issued a
Certificate of Public Convenience and Necessity; and Section 34-97 of
the City Code requires that no Certificate previously issued shall be
transferable, except by ordinance of the Council based on an investiga-
tion by the City Manager regarding the character and qualifications of
the applicant transferee.
The City Manager explained that on March 17, 198/, he received a
request to transfer the Certificate of Public Convenience and Necessity
which is currently assigned to Yel]ow Cab Company of Roanoke, Inc., to
a newly created, wholly-owned subsidiary of Yellow Cab Company of
Roanoke, Inc., to be named Yellow Cab Services of Roanoke, Inc.; that
Yellow Cab Company of Roanoke, Inc., operates a taxicab service as well
as a rental car business under one corporation; and for insurance pur-
poses, the creation of Yellow Cab Services of Roanoke, Inc., would
allow the owners to differentiate the taxicab operations from their
rental car business.
161
ACTION:
The City Manager recommended that Council transfer the Certificate
of Public Convenience and Necessity which is currently assigned tv
Yellow Cab Company of Roanoke, Inc., to a newly created, wholly-owned
subsidiary of Yellow Cab Company, Inc., to be named Yellow Cab Services
of Roanoke, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28582) AN ORDINANCE authorizing transfer of a certificate of
public convenience and necessity from Yellow Cab Company of Roanoke,
Inc., to Yellow Cab Services of Roanoke, Inc.
(For full text of Ordinance, see Ordinance Book No. 50, page 139.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or- - ...... 6.
NAYS: None ..... ' .......O.
ACTION:
ACTION:
(Council member Trout was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City Mana-
ger having previously placed a report on the agenda with regard to
office space and supplemental funding for the Fifth District Employment
and Training Consortium, the Mayor advised that the City Manager would
like to carry the report over until the next regular meeting of Council
on Monday, April 13, 1987, at 7:30 p.m., or as soon thereafter as the
matter may be heard.
Mr. Bowers moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Musser and adopted.
PUBLIC WORKS-CITY INFORMATION SYSTEMS-EQUIPMENT: The City Manager
submitted a written report advising that the Public Works Garage is
responsible for the maintenance and repair of more than 700 items of
motorized equipment, with a replacement value of more than $15 million;
that equipment maintenance and operations information is not readily
available in a comprehensive manner to facilitate proper management of
this significant aspect of the City's budget; that the City
Administration has identified the opportunity to obtain a computerized
Vehicle/Equipment Maintenance Control and Management System; and a
request for proposals was developed and publicly advertised, with pro-
posals being sent to nine vendors identified on the City's current bid
1 ist.
The City Manager recommended that Council award a contract to
Control Software, Inc., to provide equipment management system software
in accordance with City of Roanoke specifications, for the total amount
of $64,000.00; and that the City Manager be authorized to enter into a
contract with Control Software, Inc., to provide the software for an
equipment maintenance system in accordance with the proposal and City
of Roanoke specifications.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28583) AN ORDINANCE accepting the proposal of Control Software,
Inc., for furnishing a vehicle/equipment maintenance control and mana-
gement system, upon certain terms and conditions, and awarding a con-
tract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other proposals made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 128.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
162
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tay!or ............ _ ......................... 6.
NAYS: None ........
(Council member Trout was absent.)
ELECTRICIANS-PLUMBERS-BUILDING DEPARTMENT: The City Manager sub-
mitted a written report advising that existing regulations under Chap-
ter 7 of the City Code requires bonding and certification of plumbers,
electrical contractors and electricians to guard against defective or
inadequate work; that bonding and certification of building related
mechanical contractors has not been required; that standards for local
certification of plumbers, electricians and build-ing related mechani-
cal workers was adopted by the State Board of Housing and Community
Development, effective April 1, 1986; that testing of plumbers and
electricians was administered by the Building Department pursuant to
certain fees until September 1986; and approximately 35 - 40 tests were
administered by the Building Department annually, bringing the City
approximately $800.00 - $1,000.00 in fees.
It was explained that mechanical contractors are presently
licensed and bonded as if they were building contractors, but are not
tested for competency to practice; that since September 1986, certifi-
cation tests have been administered by the Virginia Department of Hous-
ing and Community Development; that localities in Virginia use the
tests, including for mechanical contracting, for all building trade
certifications; that the state charges fees to contractors to take the
tests; that the City no longer administers the tests but certifies that
the contractor is qualified to take the examination; and local stan-
dards for bonding and certification of building related mechanical
contractors and adoption of reasonable fees for all plumbing, electri-
cal and mechanical contractors need to be established consistent with
state standards.
The City Manager recommended that Council ~et the amount of build-
ing related mechanical contractor's bond at $5,000.00; provide for
testing and certification of building related mechanical contractors in
accordance with standards promulgated by the Virginia Department of
Housing and Community Development; and amend the City's Fee Compendium
to establish a uniform $10.00 fee for the testing of all contractors.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28584) AN ORDINANCE amending and reordaining §?-5, Certifica-
tion of plumbers, electrical contractors and electricians, and §7-6,
'C'biminal penalty, and adding a new Article V, Building - Related Mecha-
.nical Work, to Chapter 7, Building Regulations Code of the City of
Roanoke (1979), as amended. '
(For full text of Ordinance, see Ordinance Book No. 50 page 139.)
vote:The motion was seconded by Mr. Harvey and adopted by the following
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ........ --6.
NAYS: None .......
-0.
(Council member Trout was absent.)
Mr. Musser offered the follo~.~ing Resolution:
(//28585) A RESOLUTION establishing a uniform fee for certain exa-
minations required by the Building Department.
(For full text of Resolution, see Resolution Book No. 50, page 129.)
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
ACT[ON:
163
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or-- 6.
NAYS: None ......
(Council member Trout was absent.)
BUDGET-TRAFFIC-EQUIPMENT: The City Manager submitted a written
report advising that the bond referendum on November 6, 1983, included
$500,000.00 for the "Emergency Vehicle Traffic Signal Pre-emption Pro-
9ram"; that on March 10, 1986, Council accepted the bid of 3M Company
and appropriated $6/,000.00 for materials to equip six signalized
intersections with a system known as "OPTICOM": that on March 10, 1986,
Council also approved ordering five new traffic signal controllers to
replace flood damaged equipment and one new controller for the inter-
section of Orange Avenue and King Street, N. E., all factory equipped
with "OPTICOM" for $55,000.00; that the test and evaluation period
started November 1, 1986, at six test intersections; and a delay in
installation was due to the fact that 3M Company was finalizing a
completely redesigned solid-state, state-of-the-art replacement control
module and Roanoke had a chance to be first in the nation to get the
new version.
It was explained that the equipment has been in service for appro-
ximately 120 days and the only complaints received by Signals and
Alarms have been of a minor nature; that the Fire Chief and suppression
personnel have enthusiastically accepted the system with the belief
that risk of accidents will be reduced and response times will be
improved.
The City Manager recommended that Council appropriate the balance
of $378,000.00 from Streets and Bridges category of 1985 Bond Funds,
Account No. 008-052-9577-9181 to Account No. 008-052-9569-9001, "Emer-
gency Vehicle Traffic Signal Pre-emption" as a sole source procurement
to allow the purchase of additional "OPTICOM" equipment, advising that
it is estimated that approximately 52 additional intersections can be
equipped with the funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28586) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 129.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ...... 6.
NAYS: None ..........
(Council member Trout was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28587) AN ORDINANCE providing for the furnishing and deliverin9
of OPTICO~ emergency traffic signal preemption system equipment to the
City as a sole source procurement from Minnesota Mining & Manufacturing
Corporation or its distributor, as described in the City ~nager's
report of April 6, 1987, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 130.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
164
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ............ 6.
NAYS: None ........
(Council member Trout was absent.)
INDUSTRIES: The City Manager submitted a written report advising
that the Roanoke Centre for Industry and Technology was established by
the City of Roanoke and can be subdivided into several tracts of land
for sale to new and existing industries; that the sales agreement bet-
ween tile City and Orvis, Inc., dated September 18, 1986, agrees to con-
vey approximately twenty acres of land in the Roanoke Centre for
Industry and Technology, at a price of $100,000.00; and subdivision of
this twenty acre tract by the City is also required and must be done
prior to the April 15, 198/, closing date.
It was explained that the subdivision plat has been completed;
that Council is requested to authorize the Mayor to execute the plat
before it is put on record; and improvements to the Orvis site by the
City of Roanoke will be completed by April 15, 1987, which involves the
site grading project done by Joe Bandy & Son, inc., for the contract
price of' $136,515.00 adopted by Council on Monday, October 13, 1986,
pursuant to Ordinance No. 28397.
The City Manager recommended that Council authorize the Mayor to
execute the subdivision plat, upon approval by the City Engineer and
Agent for the Planning Commission, subdividing approximately twenty
acres in the Roanoke Centre for Industry and Technology, in accordance
with the sales agreement with Orvis, Inc., and that the appropriate
officials take any other actions required to convey the property to
Orvis, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28588) AN ORDINANCE authorizing the execution of a plat sub-
dividing approximately twenty acres in the Roanoke Centre for Industry
and Technology for transfer to Orvis, Inc., authorizing any other
actions necessary to effect this transfer; and providing for an
emergency.
ACT ! ON:
(For full text of Ordinance, see Ordinance Book No. 50, page 130.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ........ -6.
NAYS: None O.
(Council member Trout was absent.)
EASEMENTS-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that properties in the 400 block on the west
side of 4th Street, N. W., were served for many years by an inadequate
private sewer line; that the line was probably installed when proper-
ties were built many years ago; that the line was placed across rear
yards without a dedicated easement; and the yards now contain many
obstructions to construction.
It was explained that the private sewer line has failed; that the
State Health Department has ordered that the properties be served by a
new line or be vacated; that the adjacent landowner, Stephen W.
Showalter, has been contacted about deeding a fifteen foot easement to
the City to provide for a new line to serve the four houses and one
vacant lot on 4th Street; and Mr. Showalter has agreed to accept
$200.00 for the easement.
165
The City Manager recommended that Council authorize appropriate
City officials to acquire a fifteen foot wide sanitary sewer easement
from Stephen W. Showalter, on property identified as Official Tax No.
2011409, as shown on City of Roanoke Plan No. 6015-A, at a cost of
$200.00; and funding is available in Account No. 003-056-3170-9085 in
the Sewer Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28589) AN ORDINANCE authorizing and providing for the City's
acquisition of a 15' sanitary sewer easement through Official Tax No.
2011409; and providing for an m~ergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 131.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ............. 6.
NAYS: None ............
(Council member Trout was absent.)
EASEMENTS-SEWERS AND STORM RAINS: The City Manager submitted a
written report advising that three properties in the 4400 block of
Thelma Street, N. W., are served by a sanitary sewer system installed
by the subdivision developer when the area was in the County, and all
three laterals tie into a single line.
i
It was explained that the sewer line (s) serving 4450, 4456, and
4460 Thelma Street, N. W., has failed, and the State Health Department
has ordered that the line (s) be repaired and/or replaced; that the
line (s) serving the three houses was found to pass through the back
yard of 4457 Oleva Street, N. W., without the benefit of an easement
and it then ties into a main line in an easement crossing the back yard
which serves the houses on Oleva Street; and the owner of property at
4457 Oleva Street, N. W., Carolyn C. Couser, has agreed to accept
$1,000.00 for the easement.
The City Manager recommended that Council authorize appropriate
City officials to acquire a twenty foot Nde sanitary sewer easement
and associated temporary construction easements from Carolyn C. Couser,
on property identified as Official Tax No. 6420505, as shown on City of
Roanoke Plan No. 6023, at a cost of $1,000.00, with funding available
in Account No. 003-056-3170-9085 in the Sewer Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28590) AN ORDINANCE authorizing and providing for the City's
acquisition of a 20' sanitary sewer easement through Official Tax No.
6420505; and providing for an emergeqcy.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 132.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ......... ---6.
NAYS: None ......... .0.
(Council member Trout was absent.)
166
BUDGET-AIRPORT: The City Manager submitted a written report
advising that survey and mapping is required to convey the airport pro-
perty to the Airport Commission; that the City /~ministration adver-
tised for Request for Proposals on February 15, 1987, for surveying
services connected with the project; that proposals were received from
six finns; that a selection committee of administrative personnel was
established; and T. P. Parker & Son was the choice of the committee as
the firm whose professional qualifications and proposed services are
deemed most meritorious and most suitable for the project, and negotia-
tion for a survey contract commenced.
It was explained that negotiation has been completed, subject to
Council's approval, and a contract needs to be authorized; that a
contract believed to be satisfactory and advantageous to the City has
been negotiated at a price considered to be fair and reasonable; that
funds need to be appropriated for survey services, in the amount of
$29,650.00, and for the maximum allowable bonus, if earned; that Roa-
noke County will share in the cost of 42.2 per cent; and informal
discussions with representatives of Roanoke County have concluded that
the County supports the contract.
The City Manager recommended that Council approve the following
action:
Authorize the City Manager to contract with T. P.
Parker & Son, Engineers and Surveyors, Ltd., in a
form approved by the City Attorney, not to exceed
$38,050.00.
Authorize a bonus to be paid at $300.00 per day,
maximum of 28 days for early completion ($8,400.00).
Contract time shall be 56 calendar days.
Appropriate $21,993.00 from Airport Retained Earnings
and establish a receivable from Roanoke County, in
the amount of $16,057.00, for a total appropriation
of $38,050.00, to a new account to be established by
the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28591) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 132.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ........ 6.
NAYS: None--
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28592) AN ORDINANCE authorizing the execution of a contract
with T. P. Parker & Son, Engineers and Surveyors, Ltd., to provide cer-
tain surveying services, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 133.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
167
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tay!or ........... 6.
NAYS: None- O.
(Council member Trout was absent.)
I
EQUIPMENT-WATER DEPARTMENT-PUBLIC WORKS: The City Manager sub-
mitted a written report concurring in a report of the Bid Committee in
reference to the purchase of vehicular equipment for use by the City's
Utility Line Services and Water Department, recommending that the
following bids be accepted:
One new 3/4 ton four-wheel drive pick-up truck from
Dominion Car Ltd., for a total amount of $13,026.77.
One new 1/2 ton pick-up truck from Dominion Car Ltd.,
for a total amount of $9,701.14.
One new cab/chassis crew truck from Magic City Motor'
Corp., for the total amount of $18,590.56.
One new heavy duty service body to be mounted on cab/-
chassis crew truck from Truck Body Corp., for a total
amount of $2,646.00.
One new ten ton dump truck cab/chassis from Johnson
International Trucks, for a total amount of $33,548.06.
One new ten ton dump body to be mounted on the above
dump truck cab/chassis from Cavalier Equipment Co., for
the total amount of $4,710.70.
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28593) AN ORDINANCE accepting bids for vehicular equipment for
use by the City's Utility Line Services and Water Department; and
rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 50, page 141.)
ACTION: The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Musser, Bowles, Garland and Mayor
Tayl or ................ 5.
NAYS: None ................
O.
(Council member Trout was absent.) (Council member Bowers abstained
from voting.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The City Manager and Director of Finance
submitted a joint written report in connection with the third quarter
personnel lapse, advising that the 1987 fiscal year General Fund budget
includes $650,000.00 of anticipated lapse of salary and wages; that the
majority of changes on a proposed budget ordinance will reduce depart-
mental salary budgets and decrease the budgeted lapse account by the
same amount; and the total salary lapse remaining will be as follows:
168
ACTION:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
Third quarter lapse realized
$ 650,000.00
(162,500.00)
(162,500.00)
(162,500.00)
Total Unrealized
$ 162,500.00
The City F~nager and Director of Finance recommended that Council
adopt the budget ordinance transmitted with the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28594) AN ORDINANCE to amend and reordain certain sections of
the 1986-8/ General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 134.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. ~sser and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ....... ~6.
NAYS: None--
-0.
(Council member Trout was absent.)
BUDGET-GRANTS: The Director of Finance submitted a written report
in connection with the close-out of the Public Education Grant, advi-
sing that the City of Roanoke was awarded a Public Education Grant in
June, 1986, by the Virginia Department of Conservation and Historic
Resources; and the City expended the grant funds to create public edu-
cation materials such as brochures and posters to explain and promote
the City's historic preservation guidelines and program.
It was explained that the total appropriation for the grant was
$31,700.00; that actual funding received was $31,013.42, and total
expenditures were $30,904.19; that the City received a state reimbur-
sement of $11,163.42 for eligible grant costs and the unexpended amount
of local funding of $109.23 must now be returned to the General Fund.
The Director of Finance submitted the following recommendations:
The Grant may now be closed.
Unexpended funds of $109.23 may now be returned to
the General Fund.
The
enacted:
fol 1 owl ng appropriation and revenue
adjustments be
Admin. Supplies
Transfers to Grant Fund
Print Costs
State Revenue
Local Match
$ 109.00
(109.00)
(795.00)
(686.00)
(lO9.OO)
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28595) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No, 50, page 136.)
169
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council member Trout was absent.)
CITY ATTORNEY:
STREETS AND ALLEYS: The City Attorney submitted a written report
advising that on March 16, 1987, Council considered and adopted, on
second reading, Ordinance No. 28551 which permanently vacated, discon-
tinued and closed a small alley that intersects with Carter Road; that
unfortunately, the legal description used in the Planning Commission's
report to Council, and subsequently used in the ordinance, is not
entirely correct; and the correct description of the alley should read
"a paper alley, ten feet wide and 150 feet in length, running between
Lots 16 and 17, Section 1, Raleigh Court," rather than referring to
"Block 3, Map of Rosalind Hills," which is the adjacent block and sub-
division.
Mr. Dibling transmitted a corrected ordinance for Council's con-
sideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28596) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 142.)
ACTION: The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or .................. 5.
NAYS: None ............ O.
(Council member Trout was absent.)
REPORTS OF COMMITTEES:
ROANOKE MEMORIAL HOSPITALS-CITY PROPERTY: Council member Eliza-
beth T. Bowles, Chairman of the Water Resources Committee, presented a
written report on behalf of the coe~ittee, rec~ending that Council
authorize improvements proposed by Roanoke Memorial Hospitals to the
City-owned front parking lot, and authorize the appropriate lease
amendment in a form approved by the City Attorney.
It w~s explained in a staff report that the Hospital desires to
make certain revisions to its property on the south side of the City-
owned parking area, and, in conjunction with those developments, alter
the traffic flow and configuration of the parking lot itself; that
Council is requested to approve the proposed changes inasmuch as they
will cause the removal and replacement of several trees and all other
landscaping elements; and the plan also includes a covered, drive-thru
patient entrance canopy over City-owned property in front of the main
entrance to the hospital.
It was noted that the City Administration desires that all impro-
vements be coordinated through the City Horticulturist, and that Ordi-
nance No. 12823 be revised to apply to disturbances to the area by the
City for access to any public ~llity lines needing maintenance.
(For full text, see reports on file in the City Clerk's Office.)
170
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28597) AN ORDINANCE authorizing an amendment to the City's
lease agreement with Roanoke Hospital Association, Inc., to provide for
certain improvements to the leased property.
(For full text of Ordinance, see Ordinance Book No. 50, page 144.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ....... 6.
NAYS: None
(Council member Trout was absent.)
FIRE DEPARTMENT-CITY INFORMATION SYSTEMS: Council member Robert
A. Garland, Chairman of a conm~ittee appointed by the Mayor to tabulate
bids received for a Halon Fire Suppression System in the Computer
Operations Center in Municipal North, presented a written report on
behalf of the committee, recommending that Council authorize the City
Manager to enter into a contractual agreement with Hudson-Payne Elec-
tronics Corporation, in the amount of $11,500.00 and 75 consecutive
calendar days; that Council approve the amount of $800.00 for the pro-
ject contingency, plus the contract amount of $11,500.00, for a total
project amount of $12,300.00; and that Council reject the other valid
bid received.
A report of the City Manager concurring in the recommendation, was
also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28598) AN ORDINANCE accepting the bid of Hudson-Payne Electro-
nics Corporation for construction of a Halon Fire Suppression System in
the Computer Operations Center in Municipal North, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work- and providing
for an emergency. '
(For full text of Ordinance, see Ordinance Book No. 50, page 136.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ......... 6.
NAYS: None .........
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-EQUIPMENT: Ordinance No. 28574 amending and reordaining
certain sections of the 1986-87 General Fund Appropriation Ordinance,
transferring $198,420.00 from Capital Maintenance and Equipment
Replacement Program to Refuse Collection, in connection with the pur-
chase of refuse vehicular equipment from Johnson International Trucks,
Inc., and First Piedmont Corporation, having previously been before the
Council for its first reading on Monday, March 23, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
171
(#28574) AN ORDINANCE to amend and reordatn certain sections of
the 1986-87 General Fund Appropriation Ordinance.
(For full text of Ordinance, see Ordinance Book No. 50, page 125.)
ACTION: Mr. ~.~sser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, ~sser, Bowles, Garland and Mayor
Taylor ......... 5.
NAYS: None ........
(Council member Trout was absent.)
from voting.)
(Council member Bowers abstained
EQUIPMENT: Ordinance No. 28575 accepting bids of Johnson Inter-
national Trucks, Inc., and First Piedmont Corp., for refuse vehicular
equipment; and rejecting other bids, having previously been before the
Council for its first reading on Monday, March 23, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#28575) AN ORDINANCE accepting bids for refuse vehicular equip-
ment; rejecting other bids.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 125.)
Mrs. Bowles moved the adoption of the Or~'.~n~... ~Thee.'.motion was
seconded by Mr. Garland and adopted by the following vote: ' ~-~,
AYES:
Taylor ....
Council members Harvey, Musser, Bowles, Garland and Mayor
5.
NAYS: None ...........
O®
(Council member Trout was absent.)
from voting.)
(Council member Bowers abstained
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION-CO4MONWEALTH OF VIRGINIA BUILDING: The City Clerk
read a statement from Council members Howard E. Musser, James G.
Harvey, II and David A. Bowers requesting that the state office build-
ing located in downtown Roanoke be redesignated as "The Commonwealth of
Virginia Building."
It was explained that the proposal to name the building for the
late Governor John N. D~lton and the subsequent substitution of the
name of the late Governor J. Lindsay Almond have created a climate of
dissension disruptive to community harmony in Roanoke; and given the
divisive nature of the above, they recommend that the name of the
building revert back to that of "The Commonwealth of Virginia Build-
ing.''
It was noted that it is hoped the Roanoke Historical Society will
be encouraged to consider the placement of suitable plaques within the
Commonwealth of Virginia Building to recognize those who, by their
deeds at the state level, have been friends to the City; and it is also
hoped that, in the future, the naming of any public street, building or
facility not be suggested until all members of City Council are con-
sul ted beforehand.
(For full text, see statement on file in the City Clerk's Office.)
ACTION: Mr, Mosser moved that the statement be received and filed. The
motion was seconded by Mr. Harvey and adopted.
172
Mr. Musser offered the following emer§ency Ordinance:
(#28599) AN ORDINANCE authorizing the City Manager to execute an
amendment to a lease between the City of Roanoke and the Commonwealth
of Virginia, dated March 28, 1984, such amendment to provide for the
renaming of the former United States Post Office and Courthouse as the
"Commonwealth of Virginia Building"; requesting the Commonwealth to
agree to such name change; and providing for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 13/.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion ~s
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ..... 6.
NAYS: None O.
(Council member Trout was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
ATTEST:
City C1 erk
APPROVED
Mayor
173
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNC1L
April 13, 1987
/:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 13, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'11979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bo~-~les, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor ........... 7.
ABSENT: None .........
O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of A~erica
was led by Mayor Taylor.
CITIZEN OF THE YEAR: On behalf of the members of Council, the Mayor
advised that the 1986 Citizen of the Year is Mr. William Hamilton (Ham)
Flannagan.
The Mayor stated that to know Mr. Flannagan is to admire his ability to
accomplish; that he turned a fledgling hospital into a giant in medicine in
western Virginia and well beyond; that the high quality of medical care in the
valley, which has made it a regional medical center, has been greatly influenced
by Mr. Flannagan's administrative ability; that under the leadership of Mr.
Flannagan, what started out as a 30 bed, four story, stone and brick hospital in
1900 had become by 1986 a multi-hospital conglomerate featuring a cancer center,
a rehabilitation center, open heart surgery, several intensive care units and
dozens of medical specialty clinics, employing 2,500 people, with a payroll of
$52 million and assets of $117 million, and most of this growth came under the
aggressive and determined leadership of the honoree.
The Mayor pointed out that Mr. Flannagan has always been interested in
medical education and readily accepted the idea that Roanoke Memorial Hospital
expand in'that area, thereby resulting in the link to the University of Virginia
Medical Center. He noted that Mr. Flannagan has set a standard of excellence
for the con~nunity, the hospital which he served, and the citizens of the Roanoke
Valley; and he has diligently and tirelessly dedicated himself to improving the
quality of life for all citizens of the community.
City.
The Mayor presented Mr. Fl annagan with a plaque and a framed Key to the
CELEBRATIONS: Mr. E. Laban Johnson, Chairman, Constitutional Bicenten-
nial Commission, appeared before Council and presented the Mayor and Council
with an award from the Commission on the Bicentennial of the United States
Constitution issued in the name of Roanoke - Roanoke County in recognition of
being one of the first 200 to be designated as a Bicentennial Commission; and a
certificate recognizing Roanoke City as a Virginia Bicentennial Community honor-
ing the 200~h ~qniversary of the U. S. Constitution, which was issued by the
Virginia Commission on the Bicentennial of the U. S. Constitution.
174
BID OPENINGS:
ACTION:
ACTION:
ACTION:
ACTION:
CIVIC CENTER: Pursuant to notice of advertisement for bids for a
wheelchair lift and related work at the Roanoke Civic Center Coliseum,
said proposals to be received by the City Clerk until 4:30 p.m., on
Monday, April 13, 1987, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Construction Services of Roanoke,
Inc.
Jack Kain-Bui]der
$ 32,456.00
32,460.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon~nendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and William F. Clark as members of the con~ittee.
EMERGENCY SERVICES: Pursuant to notice of advertisement for bids
for E-911 Communications, Alterations and Additions to the Municipal
Building, said proposals to be received by the City Clerk until
4:30 p.m., on Monday, April 13, 1987, and to be held, opened and read
before the Council at 7:30 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the one
and only bid received from Construction Services of Roanoke, Inc., in
the amount of $117,828.00.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recon~endation to Council.
The motion was seconded by Mr. Musser and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and William F. Clark as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, April 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Blue Stone
Block, Inc., that an alley extending through Block 11, Map of Lilly
View Addition, between Light Street and Tuck Street, N. E.; and a por-
tion of Purcell Avenue, N. E., between Light Street and Tuck Street,
N. E.; and certain lots in Block 17 and Block 11, Map of Lilly View
Addition, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 27,
1987, and Friday, April 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be granted, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28600) AN ORDINANCE vacating certain portions of the plat of
the Lilly View /ktdition subdivision, including certain public right-of-
way therein, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 148.)
The motion was seconded by Mr. Trout,
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28600 was adopted on its first reading by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ ----7.
NAYS: None ........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 13, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Claude N. and Madeleine
B. Smith that a certain tract of land lying on the southwest corner of
the intersection of Liberty Road and Forest Hill Avenue, N. W., desig-
nated as Official Tax Nos. 2060631 and 2060632, be rezoned from C-1,
Office and Institutional District, to C-2, Genera] Commercial District,
subject to certain proffered conditions, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 27,
1987, and Friday, April 3, 198/.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of rezoning is to permit expansion of an existing distribution opera-
tion which includes office, repair and storage space, was before Coun-
cil.
The Planning Commission recommended approval of the rezoning,
advising that the proposed use of the site in conjunction with the
existing business offers several benefits that may not be recognized if
the site is developed as a separate entity under present C-1 zoning;
that those benefits are related to traffic, access and neighborhood
compatibility; that although appropriate zoning is available in the
same general area, use of such land would not be feasible; and since
State Amusement Company has apparently been a "good neighbor" in the
past, it is reasonable to permit its expansion in such a way that helps
ensure its continued operation.
(For full text, see report on flle in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28601) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 150.)
The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28601 was adopted on its first reading by
the following vote:
175
176
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None .......................
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hear-
ing for Monday, April 13, 1987, at 7:30 p.m., or as soon thereafter as
the matter may be heard, on the request of Robert M. Catib that a cer-
tain tract of land, being a portion of Lot 2, Hemlock ~lls Subdivi-
sion, located at 4415 North Road, N. W., designated as Official Tax No.
6380304, be rezoned from RS-3, Single Family Residential District, to
C-2, General Commercial District, subject to certain proffered condi-
tions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 27,
1987, and Friday, April 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the renovation of a restaurant currently
located on the adjacent lot located at 1609 Peters Creek Road, was
before Council.
The Planning Commission recommended approval of the amended peti-
tion (amended petition seeks to rezone only that portion of the subject
property necessary for renovations to the Brown Derby Restaurant); and
changes in the petition resolved concerns regarding the legal status of
the existing residence, landscaping on the site and traffic access.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28602) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 151.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28602 was adopted on its first reading by
the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .-7.
NAYS: None ..........
O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 13, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of The Atlantic States
Development Company, Agent for Nicholas and Ann Munger, to change the
conditions of rezoning of a tract of land containing 12.37 acres,
located on the westerly side of Grandin Road Extension, south of Air-
view Road, S. W., designated as a portion of Official Tax Nos. 5090204
and 5090203, which property was previously rezoned from RS-l, Single
Family Residential District, to RG-1, General Residential District,
subject to certain proffered conditions, pursuant to Ordinance No.
28385, the matter was before the body.
Legal advertlsmment of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 27,
1987, and Friday, April 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that tile pro-
perty was rezoned from RS-1 to RG-1, subject to the following condi-
tions, was before Council.
177
The tract as rezoned will be used for a maximum of
192 single family attached dwelling units (condo-
miniums). The construction of the project will be
subject to approval from the necessary state autho-
rities for all cond~ninium documents.
The site will be developed in substantial confor-
mity with utilizing the site plan prepared by
Lumsden and Associates, dated August, 1986, a copy
of which is attached to the report, subject only to
such changes as are specifically required by the
City during site plan review.
The storm water retention facility on the property
will be constructed and designed to handle a 20-
year storm.
The Planning Commission advised that the petitioner has determined
that the project may be more feasible if it were developed as a town-
house project with each unlt betng subdivided and sold, fee simple;
that changes requested by the petitioner require that the origtnal con-
dition which proffered a stngle specific site plan be changed to
proffer alternaCive forms of development; and the petitioner has
requested that the original conditions be replaced with the following:
The tract, as rezoned, will be used for a maximum
of 192 single family attached dwelling units
(condominiums) or 100 townhouse units. To the
extent that condominiums are constructed on the
property, the construction of the project will be
subject to approval from the necessary state
authorities for all condominium documents.
The site will be developed in substantial confor-
mity with either the site plan for condominium
development prepared by Buford T. Lumsden and
Associates, P.C., dated August, 1986, a copy of
which is attached to the report, or the site plan
for townhouse development prepared by Buford T.
Lumsden and Associates, P. C., dated January, 1987,
a copy of which is attached to the report as Exhi-
bit D, depending on the alternative finally
selected by the petitioner. In either case, the
site plan will be subject to such changes as may be
required by the City during site plan review.
The storm water retention facility on the property
will be constructed and designed to handle a 20-
year storm.
The City Planning Commission recommended approval of the requested
change in conditions, advising that the townhouse design alternative
not only makes the project more feasible for the developer, but also
improves the project from the point of view of neighborhood com-
patibility; and further recommended that the posting of a performance
bond, in the amount of $65,000.00, be m~de a contingency of the ordi-
nance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
178
ACTION:
(#28603) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant; and to repeal
Ordinance No. 28385.
(For full text of Ordinance, see Ordinance Book No. 50, page 152.)
The motion was seconded by Mr. t~Jsser.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his clients.
No person wishing to address Council with regard to the change in
conditions for rezoning, Ordinance No. 28603 was adopted on its first
reading by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .7.
NAYS: None ...........
SCHOOLS: Pursuant to Section 9.20-1, of the Roanoke City Code,
the City Clerk having advertised a public hearing to receive the views
of citizens regarding appointment of School Board Trustees, for Monday,
April 13, 1987, at 7:30 p.m., or as soon thereafter as the matter may
be heard, the matter was before the body.
Advertisement of the public hearing was published in the morning
edition of the Roanoke Times & World-News on Thursday, April 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
The following persons submitted applications for two vacancies on
the Roanoke City School Board for three year terms commencing July 1,
1987, and ending June 30, 1990:
Sallye T. Coleman
Marilyn L. Curtis
Joe D. McCoy
William White, Sr.
Ms. Nadine D. Wheaton, 1613 Lancaster Drive, N. W., appeared
before Council in support of the reappointment of Mrs. Sallye T.
Coleman and Mr. William White, Sr. She advised that their dedicated
efforts are evidenced by their records, and stated that both indivi-
duals are concerned about the educational progress of Roanoke's future
leaders and citizens. She explained that Mrs. Coleman showed wisdom
and foresight when she initiated School Board evaluations, and since
the inception of this idea, the Board has been highlighted by an invi-
tation to Mrs. Coleman to address the National School Board Association
in California. In addition to her many interests and activities, she
commented that Mrs. Coleman is striving for elementary school guidance
counselors, and it is a well known fact that the need is great con-
sidering the fact that elementary school children are plunged from a
continuou.~ supervision atmosphere to a more or less "on your own"
environment, noting that the students often become socially, emo-
tionally, psychologically, and educationally frustrated, which often
results in dropouts. She stated that guidance at the elementary level
and continued at the junior high level should have a tremendous impact
on the dropout rate.
Ms. Wheaton advised that Mr. White has ably exhibited his exper-
tise in financial matters and exercised input into the budget. She
said he is heavily involved in the capital improvements and replacement
program and he is dedicated to seeing that money appropriated is spent
wisely. As a parent of a city school student, she said Mr. White
understands the needs of the students and knows that finances are
necessary to make the needs a reality.
Ms. Wheaton said both incumbents have committed themselves to
meeting the educational demands and challenges of the Roanoke division
by promoting programs that assist the children in becoming worthwhile
and contributing citizens.
m~
ACTION:
Ms. Judith A. Burgess, 4246 Casper Drive, N. E., representing the
Parent Resource Center for Parents of Special Education Students,
appeared before Council and expressed support for Mrs. Coleman and Mr.
White for reappointment. She said both individuals have supported the
Parents Resource Center since its inception, they have attended func-
tions sponsored by the Center, and speak in favor of the Center when-
ever possible. She added that the sincere interest of Mrs. Coleman and
Mr. White in special education, regular education and the basic func-
tion merits their reappointment.
Ms. Elizabeth A. Sarvay, 4620 Eton Road, S. W., appeared before
Council in support of the reappointment of Mrs. Coleman and Mr. White,
advising that the record speaks in favor of their reappointment.
Ms. Flortne Thornhill, 912 Centre Avenue, N. W., appeared before
Council in support of the reappointment of Mrs. Coleman. She said she
has observed Mrs. Cole man's performance on the School Board for the
last three years and she has demonstrated a genuine interest in the
needs of all children regardless of their race, creed or economic con-
dition. She added that Mrs. Col e man's background and experience will
be most beneficial to the Board in achieving its goals of excellency in
education.
Ms. Mary L. Lear, 1318 Crescent Street, N. E., appeared before
Council in support of the reappointment of Mrs. Coleman. She said Mrs.
Coleman is interested in quality education for everyone, and she is a
dependable person for both teachers and administrators.
Ms. Velma A. Seif, 2231Grandin Road, S. W., appeared before Coun-
cil and requested continuity on the School Board. She said she hopes
that Council, when interviewing the candidates, wil! keep in mind the
good and the ~t~ole vision of the school system and reappoint Mrs.
Coleman and Mr. White.
Mr. Melvin E. Huff, 4402 Delray Street, N. W., appeared before
Council in support of the reappointment of Mrs. Coleman and Mr. White.
Mr. Lawrence H. Hamlar, 1836 Grayson Avenue, N. W., appeared
before Council in support of the appointment of Mrs. Marilyn L.
Curtis, advising that he has worked with Mrs. Curtis for the past 34
years and he is well aware of her hard work, dedication and integrity.
He said her four children are all products of the city school system
where she was active as an officer and member of the various PTA's.
Mr. I~mlar stated that he takes pride in supporting Mrs. Curtis in her
bid for appointment to the Roanoke City School Board.
There being no further persons wishing to address Council, the
r~yor declared the public hearing closed. He advised that public
Interviews will take place on Thursday, April 16, 1987, at 7:00 p.m.,
tn the Council Chamber.
GRANTS: A public hearing having been advertised for Monday, April
13, 1987, at /:30 p.m., or as soon thereafter as the matter may be
heard, to consider the proposed fiscal year 1987-88 Community Develop-
ment Block Grant budget and Statement of Objectives to the United
States Department of Housing and Urban Development (HUD) for funding of
such budget, the matter was before Council.
It was explained that funds will be used to meet the broad natio-
nal objectives of benefit to low and moderate income families and aid
in the prevention or elimination of slums or blight; and of the total
federal program funds of $3,177,000.00 for fiscal year 1987-88,
$2,740,492.00 or 86 per cent will be used to benefit low and moderate
income persons or low and moderate income neighborhoods.
Advertisement of the public hearing was published in the Thursday,
April 2, 1987 morning and afternoon editions of the f~ighbors Section,
of the Roanoke Times & World-News; and advertisement was also published
in The Roanoke Tribune on Thursday, April 2, 1987.
(See Roanoke Times & World-News afffidavit and copy of the Roanoke
Tribune advertisement on file in the City Clerk's Office.)
179
180
The City Manager submitted a written report advising that Council
was briefed on April 6, 1987, on the recommended Comnunity Development
Block Grant Program including $1,545,000.00 in new funds from the U. S.
Department of Housing and Urban Development; that citizen input has
been received and considered on three occasions; and the current
C.D.B.G. fiscal year ends on June 30, 1987.
The City Manager recommended that Council adopt the C.D.B.G.
Statement of Objectives and budget as recommended, as follows:
SUMMARY OF PROPOSED FY 1987-1988
CDBG PROGRAM EXPENDITURES
Ae
Be
BUDGET LEVEL
$3,177,000.00
Housing
1. Operation Paintbrush
2. Private Rehab Loan Program
3. Critical Home Repair Program
4. Gainsboro Housing Grants
5. 304 Fatrfax Rehab
6. Gainsboro Vacant House Rehab.
7. Private Loan Subsidy
8. Housing Marketing
9. Demolition/Securement
10. Code Enforcement
11. Housing Support
31,134.00
40,000.00
187,358.00
90,000.00
25,000.00
16,000.00
50,000.00
5,000.00
13,000.00
55,907.00
187,000.00
Economic Development
1. Coca-Cola 108 Loan Repayment
2. Deanwood/Shaffer's Crossing
108 Loan Repayment
3. Henry Street Revival
4. Main Street Coordinator
5. Deanwood Expansion
6. Economic Dev. Support
7. Market Building Float Loan
530,000.00
212,000.00
250,000.00
10,000.00
75,000.00
95,000.00
962,000.00
Public Service
1. Gainsboro Community Services
2. Mini-Grants (category to be
determined)
20,000.00
5,000.00
D. Administration & Plannin9
1. Roanoke Neighborhood Partner.
2. City CDBG Administration
3. RRHA General Administration
4. Gainsboro PAC Admin.
94,860.00
100,741.00
73,000.00
49,000.00
TOTAL $3,177,000.00
FY 1987-88 CDBG BUDGET FACT SHEET
Total amount of funds for activities to bene-
fit low and moderate income persons.
$2,740,492.00 (86%)
Total number of houses to be rehabilitated (to
greater or lesser extent).
Operation Paintbrush - 26
Private Loan & Private Subsidy Programs - 18
Critical Home Repair - 34
Gainsboro Housing Grants - 6
304 Fairfax Avenue - 1
Gatnsboro Vacant House Program - 2
TOTAL 87
Total number of jobs to be created by activi-
ties in this budget.
181
Henry Street Revival - 60
Deanwood - 100
Main Street Coordinator - 3
Coca Cola UDAG - 86
Shaffers Crossing - 160
Market Building Float Loan - 50
TOTAL 459
Total number of substandard buildings to be
d~nol i shed.
Demolished - ~
Boarded Up - 6
Total number of families or businesses to be
displaced as a result of activities in this
budget.
0
0
Total number of neighborhood organizations to
be served.
Through Roanoke Neighborhood Partnership - 18
The City Manager further recommended that he be authorized to sub-
mit the program to HUD for final review and approval; that he be
authorized to execute the grant agreement with HUD on behalf of the
City; and upon receipt of program and budget approval from HUD, a
report detailing the necessary budget appropriations by program and
line item, as well as contracts necessary to carry out the fiscal year
1987-88 program will be presented to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Herbert advised that Mr. Melvin W. Garrett, representing
Operation Home Health Care, appeared before Council previously with
regard to funding for his organization under Community Development
Block Grant funding, and Council referred the request to the City
Manager to determine whether such funding is eligible under C.D.B.G.
guidelines. The City Manager noted that his staff researched the
matter with the HUD area office and was advised that City government
cannot supplant or use Community Development Block Grant funds for ser-
vices ordinarily provided by City government or expected to be provided
by City government. He explained that the programs Mr. Garrett wishes
to recommend to Council are ordinarily funded by local government and
are therefore ineligible for C.D.B.G. funding.
Mr. Garrett appeared before Council and advised that the quality
of service he provides is new and unique, and noted that there are a
number of programs al ready in existence in the City which represent a
duplication of service, however, they receive funding, but when it
comes to his program, he is told that other agencies are providing the
same service. He asked that Councl] review
his operation and give consideration to his request for funding in the
City's budget.
The Mayor advised that such requests should be referred to the
Citizens' Services Committee for recom~nendation to Council as a part of
the yearly budget process.
ACTION:
Mr. I~rvey moved that the remarks of Mr. Garrett be received and
filed. The motion was seconded by Mr. Musser and unanimously adopted.
No other persons wishing to address Council with regard to the
public hearing, Mr. Trout offered the following Resolution:
(#28604) A RESOLUTION approving the proposed Fiscal Year 1987-
1988 Budget for the Community Development Block Grant Program, and the
Statement of Community Development Objectives and Projected Use of
Funds; authorizing the City Manager to execute the Statement of Com-
munity Development Objectives and Projected Use of Funds for submission
to the United States Department of Housing and Urban Development (HUD);
182
ACTION:
and authorizing the City Manager to execute the requisite Grant Agree-
ment with HUD.
(For full text of Resolution, see Resolution Book No. 50, page 144.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the followin9 vote:
AYES: Council members Musser, Tr¢-t, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........................ 7.
NAYS: None
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to his
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular ineeting of Council held on
Monday, March 16, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion w~s seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............. -7.
NAYS: None ............
O.
OFFICE ON YOUTH: A report of qualification of Mollie C. DeBerry
as a member of the Youth Services Citizen Board to fill the unexpired
term of Corinne B. Gott, resigned, ending May 31, 1989, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
followin9 vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... .7.
NAYS: None .......
Oe
BUILDINGS: A report of qualification of Grady P. Gregory, Jr.,
and Gene Wirt as members of the Building Maintenance Division of the
City's Board of Building Code Appeals for terms of five years each,
ending November 10, 1991, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
foll owl ng vote:
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland~
Harvey and Mayor Taylor .................... 7.
NAYS: None -O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, com~nisstons and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For fu]l text, see communication on file in the City C]erk's Office.)
Mr. Trout moved that Council concur in the request ol~ the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and con~nittees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the fol lowing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Gar]and,
Harvey and Mayor Taylor ........................ 7.
NAYS: None ............
O.
183
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium is currently renting 8,700
square feet of office and classroom space for $28,800.00 annually; that
the $3.31 average cost per square foot includes employee parking and
all utilities, except refuse collection; that the City of Roanoke owns
the Knights of Pythias building on Campbell Avenue; and a small portion
of the building is utilized in the winter months for administration of
the Fuel Assistance Program and the remainder of ~.he building is used
as storage by the Finance Department.
It was explained that Counctl returned to the Consortium the last
CETA cost allocation fee; that the funds are being utilized for the Job
Training Partnership Program's administrative purposes this fiscal
year; and Council also granted the Consortium additional funds last
year through' an agreement with the other jurisdictions in the Fifth
Planning District by increasing the City of Roanoke's slot level of
participants to be served and decreasing the other jurisdictions' by
the same number.
The City Manager explained that estimated funding for the
Consortium in the year beginning July 1, 1987, to serve approximately
584 persons, distributed throughout the eight jurisdictions is $1.3
million; that administrative funds to be utilized for the program may
not exceed fifteen per cent of the allocation; that the Consortium is
projecting an administrative budget deficit of approximately
$34,500.00, even with staff reductions of five persons, and a five per
cent decrease in salaries for remaining staff, in the fiscal year
beginning July 1, 1987, and this deficit includes the cost of office
rental.
184
ACTION:
It was noted that the Engineering Department has estimated that
the Knights of Pythias building can be renovated into suitable office
space for $58,500.00, and almost one-half of the cost, $24,000.00, is
for a new air conditioning and heat pump unit; that funds are available
for renovation of the building from the undesignated capital fund; that
the Policy Board members of the Fifth District Employment and Training
Consortium have agreed to enter into a contract with the City of
Roanoke; that the contracted agreement increases the level of services
to Roanoke City residents and reduced service levels to the other seven
jurisdictions; that the City, in exchange, will provide one year's
office space to the Consortium, with the contract being reviewed for
continuation by both parties on an annual basis; and the Fifth District
Employment and Training Consortium will, in all probability, cease to
exist sometime in fiscal year 1987, if a contractual agreement is not
approved to provide for office rental or additional funds are not
secured.
The City Manager recommended that Council appropriate $58,500.00
to renovate the Knights of Pythias building for Consortium office
space; increase the level of service to Roanoke City residents by
twenty participants, thereby reducing service levels to the other seven
jurisdictions by the same, through a signed agreement; and authorize
the Director of Finance to establish an account from the undesignated
capital fund for the renovation of the Knights of Pythias building.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28605)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 145.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ -7.
NAYS: None ......... .0.
INDUSTRIES: The City Manager submitted a written report advising
that Nicholas F. Taubman is purchasing Site 7 in the Roanoke Centre for
Industry and Technology to construct a distribution and warehouse faci-
lity for Advance Auto; and the City of Roanoke is responsible for
grading on the Advance project and has entered into a contract with
Thomas Brothers, Inc., for site preparation to be completed by June 15.
It was explained that construction of the building is now sche-
duled to begin May 1, 1987, 45 days prior to completion of City gra-
ding; that Advance Stores will have to work on City-owned property, and
has therefore requested that they be granted a right of entry to begin
their building prior to actual transfer of the land; that the City of
Roanoke would be indemnified by Advance Stores Company, Inc., as a part
of the right of entry agreement, and would be held harmless for any
risks associated with the construction of the project on City-owned
land; that Advance Stores will also be required to insure the City's
interest during this period; and a similar agreement was entered into
with Orvis, Inc., to allow the company to begin its building construc-
tion, and Advance Stores will be expected to agree to the same terms.
The City Manager recommended that he be authorized to execute a
right of entry agreement allowing Advance Stores Company, Inc., to
enter City property, Site 7 in the Roanoke Centre for Industry and
Technology, for the purpose of constructing a distribution and ware-
house facility on the same terms and conditions that Orvis, Inc., was
permitted a right of entry.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that tile following Ordinance be placed upon its
first reading:
185
(#28606) AN ORDINANCE authorizing a right of entry onto certain
City property within the Roanoke Centre for Industry and Technology to
Advance Stores Company, Incorporated, in order to permit the construc-
tion of a facility thereon.
(For full text of Ordinance, see Ordinance Book No. 50, page 153.)
The motion was seconded by Mrs. Bowles and adopted by the follow-
tng vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................................... 7.
NAYS: None .........
STATE HIGHWAYS: The City Manager submitted a written report
advising that the Thoroughfare Element of the City's 1995 Comprehensive
Plan was adopted by Council, pursuant to Resolution No. 23524 on
March 14, 1977; that priorities No. 5 and No. 6 indicate the need for
improvement of the Loudon-Wells Avenue corridor from Commonwealth
Avenue to Tenth Street, N. W., and improvement to the Franklin Road -
3rd Street corridor from Elm Avenue to Loudon Avenue with a new bridge,
respectively; and the Loudon-Wells Avenue corridor no longer exists in
its entirety due to the Wometco Coca-Cola development, however, there
continues to be a need to widen and realign the Wells Avenue segment
from Willtamson Road to First Street (Henry Street) N. W.
It was explained that the north-south corridor would begin near
the intersection of Gainsboro Road and Madison Avenue (0.3 miles north
of Wells Avenue), then proceed in a southerly direction to Wells Avenue
and continue along First Street, N. W., to Centre Avenue at the north
end of the First Street Bridge over the Norfolk Southern Railway
tracks, for which a bridge replacement project has previously been
requested for programming in the Virginia Department of Transportation
Six-Year Improvement Program; that Wells Avenue between Williamson Road
and First Street, N. W., is approximately 0.3 miles in length; that the
1995 Thoroughfare Plan indicates that this segment is to be widened to
a pavement width of 48 feet within a 70 foot right-of-way; and north-
south corridor between Madison Avenue and Salem Avenue is approximately
0.5 mile in length and segments of this corridor would likely require
48 feet of pavement in a 70-foot right-of-way.
Mr. Herbert advised that the subject roadway improvements would
also create the need to improve the intersection of Orange Avenue and
Gainsboro Road, N. W., and improvements would include the creation of
left turn lanes, which would be necessary to minimize traffic delay at
this intersection and to encourage the use of the north-south corridor.
The City Manager advised that funding amounts for other City high-
way projects are projected in the Virginia Department of Transporta-
tion's Six-Year Improvement Program to be $6,414,000.00 for fiscal year
1987-88; that this would likely include all projects previously
requested for programming; that the remaining five years of the Six-
Year Improvement Program are projected to be funded at $6,000,000.00
each; that the City's five per cent share (approximately $300,000.00
each year) is not funded; and it is intended that the City's five per
cent share for these projects would be included in the City's next
Capital Improvement Program, and the funding of the next Capital
Improvement Program, is contingent upon the approval of future bond
sales.
It was explained that widening/realignment of the subject roadway
is desired at this time to improve traffic movements along the northern
entranceway to downtown Roanoke, serving to relieve other northern
entranceways (Fifth Street corridor and Williamson Road corridor); that
existing First Street, N. W./Gainsboro Road roadway system is not effi-
cient and has the potential to provide access to a significantly
greater number of vehicles by such widening/realignment; that costs
associated with the subject roadway improvements are estimated at
$6,000,000.00 (does not include previously requested First Street
Bridge Replacement, which is estimated at $1,000,000.00); that of these
186
totals, federal and state urban funding would pay for 95 per cent of
the project cost of $5,700,000.00; that the City's share would be only
five per cent or $300,000.00; and funding in the City's five per cent
share would have to be made available in the Highway Construction Fund
at the time of construction, with funding intended to come from the
next Capital Improvement Program, which is contingent upon the approval
of future bond sales.
It was noted that Council would have to take formal action before
the April 22, 1987 Preallocation Hearing to allow the project to be
requested at that time, or by April 30, 1987, in order that written
comments can be sent to the Virginia Department of Transportation for
their use in developing the Six-Year Improvement Program for fiscal
year 1987-88.
The City Manager recmmnended the fol lowing:
Request by resolutions that the Virginia Department
of Transportation program projects for roadway
widening and realignment which would rank as the
City's No. 2 and No. 3 priorities, to include:
Wells Avenue, N. W., from Williamson Road to
First Street, N. W.
Fi rst Street, N. W./Gainsboro Road from
Madison Avenue to Salem Avenue, S. W. (which
includes the First Street Bridge,
Replacement project previously requested).
Intersection of Orange Avenue and Galnsboro
Road, N. W. for preliminary engineering,
right-of-way acquisition, and construction.
Indicate that if the City cancels the project in
the futur~ for any reason, the City would pay 100
per cent of all costs associated with any work
completed on the project between time of program-
ming and the cancellation notice. (This type of
statement is usual and typical of all highway pro-
ject programming requests made by municipalities
throughout Virginia.)
Approval of this recommendation by Council will
necessitate the provision of local share funding,
in the form of a Capttal Improvement Program, at
the time of project construction, the funding of
which Is contingent upon the approval of future
bond sales.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28607) A RESOLUTION requesting the Virginia Department of
Transportation to program a project for highway improvements in the
area of Wells Avenue, N. W., between Williamson Road and First Street,
N. W., and in the area of First Street and Gainsboro Road, N. W., bet-
ween Madison Avenue, N. W., and Salem Avenue, S. W.
(For full text of Resolution, see Resolution Book NOo 50, page 146.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members I~sser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ --7.
NAYS: None .......... O.
ACTION:
Mr. Bowers offered the following Resolution:
(#28608) A RESOLUTION requesting the Virginia Department of
Transportation to program a project for the construction of improve-
ments at the intersection of Orange Avenue and Gainsboro Road, N. ~.,
in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 146.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Councll members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............................................... 7.
NAYS: None--
.0.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that Roanoke City participated in the Surplus Commodi-
ties Program from January 1981 to June 1974 at which time the Commodi-
ties Program was terminated and the Federal Government mandated the
Food Stamp Program for all localities; that in January 1982 ti)e
Department of Agriculture once agatn encouraged localities to distri-
bute surplus commodities and Roanoke City agreed to participate, as
fo11 ows:
January 1982 cheese was distributed on a quarterly
basis.
December 1982 butter was added.
May 1983 nonfat dry milk was added.
September 1986 cheese, butter, nonfat milk, flour,
cornmeal, rice and honey were made available for
distribution.
It was explained that distribution is currently done by Social
Services staff and volunteers for three days each quarter; that suf-
ficient food is available to make a distribution once a month; and
Council has requested a report on the feasibility of distributing the
food to handicapped and shut-ins.
lhe City Manager advised that the League of Older Americans (LOA)
and Social Services deliver to approximately 55 families at the present
time; that LOA has agreed to develop a volunteer program to increase
delivery; and resources needed to effectively run the Commodity Foods
distribution program are as follows:
Two trucks (rentals) with refrigeration capabili-
ties.
Part-time program manager to do the following:
Supervise 25 to 40 volunteers who screen
applicants and document receipt of food.
Order and inventory food to account for
amount distributed.
Prepare and submit required reports.
Permanent building with proper space for distribu-
tion and security to store foods and records bet-
ween distribution dates.
Former Krogery Bakery has been uttltzed in January
and March, 1987.
Salvation Army loaned space at 724 Dale Avenue,
S. E. prior to January, 1987.
187
188
Department of Agriculture will reimburse up to
$1800.00 per commodity distribution, which reimbur-
sement is currently authorized through September
1987 by Congress.
The City Manager recommended that Council appropriate $3,190.00
for cost of operation of the Commodity Food Program through June 198/,
with another request to be made for fiscal year 198/-88; authorize the
Director of Finance to establish a new cost center entitled "Temporary
Emergency Assistance Program" and appropriate the following amounts:
$2,160.00 to Object Code No. 1004, Temporary
Employee Wages;
$160.00 to Object Code No. 1120, F.I.C.A.;
$750.00 to Object Code No. 3070, Equipment Rental/-
Lease;
$120.00 to Object Code No. 2030, Administrative
Suppl les.
Establish a new revenue account with an estimate of
$3,190.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28609)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 147.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion w~s
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members ~.~sser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....................... 7.
NAYS: None ...............
O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS-SPECIAL PERMITS: Ordinance No. 28581 granting
a temporary revocable license to The Snyder-Hunt Corporation for a cer-
tain temporary encroachment over Coveland Drive, N. W., to install a
fence adjacent to area barricaded by the City, upon certain terms and
conditions, having previously been before the Council for its first
reading on Monday, April 6, 1987, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#28581) AN ORDINANCE granting a temporary revocable license for
a certain temporary encroachment over Coveland Drive, N. W., upon cer-
tain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book ,No. 50, page 138.)
Mrs. Bowles moved the adoption of the Ordinance. The motion w~s
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................... 7.
NAYS: NO ne ......................... O.
TAXICABS: Ordinance No. 28582 authorizing transfer of a cer-
tificate of public convenience and necessity from Yellow Cab Company of
Roanoke, Inc., to Yellow Cab Services of Roanoke, Inc., having pre-
viously been before the Council for ils first reading on Monday,
April 6, 1987, read and adopted on its first reading and laid over, was
again before the body, Mr. Bowers offering the following for its second
reading and final adoption:
189
ACTION:
(#28582) AN ORDINANCE authorizing transfer of a certificate of
public convenience and necessity from Yellow Cab Company of Roanoke,
Inc., to Yellow Cab Services of Roanoke, Inc.
(For full text of Ordinance, see Ordinance Book No. 50, page 139.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................... 7.
NAYS: None ...... O.
ELECTRICIANS-PLUMBERS-BUILDING DEPARTMENT: Ordinance No. 28584
amending and reordaining §7-5, Certification of plumbers, electrical
contractors and electricians, and §7-6, Criminal penalty, and adding a
new 'Article V, Building-Related MechaniE~l Work, to Chapter 7, Build-
ing Re§ulations~--'~ode of the City of Roanoke (1979), as amendel, to
provide for certification and bonding of building - related mechanical
contractors, having previously been before the Council for its first
reading on Monday, April 6, 1987, read and adopted on its first reading
and laid over, was again before the body, Mr. Harvey offering the
followin9 for its second reading and fina] adoption:
ACTION:
(#28584) AN ORDINANCE amending and reordaining §7-5, Certifica-
tion of plumbers, electrical contractors and electricians,'and §7-6,
'Criminal penalty, and adding a new Article V, Building - Related
'~chanical Work, to Chapter 7, Building Regulations, Code of the City
of Roanoke (19/9), as amended.
(For full text of Ordinance, see Ordinance Book No. 50, page 140.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None ..................
EQUIPMENT-WATER DEPARTMENT-PUBLIC WORKS: Ordinance No. 28593
accepting bids of Dominion Car Ltd., Magic City Motor Corporation,
Truck Body Corporation, Johnson International Trucks and Cavalier
Equipment Company, for vehicular equipment for use by the City's
Utility Lines Services and Water Department, having previously been
before the Council for ils first reading on Monday, April 6, 198/, read
and adopted on it.s first reading and laid over, was again before the
body, Mr. Musser offering the following for its second reading and
final adoption:
ACTION:
(#28593) AN ORDINANCE accepting bids for vehicular equipment for
use by the City's Utility ~ne Services and Water Department; and
rejecting other bids.
(For full text of Ordinance, see Ordinance Book No. 50, page 141.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowles, Garland, Harvey and
Mayor Taylor ......... 6.
NAYS: None
(Council member Bowers abstained from voting.)
Oe
190
STREETS AND ALLEYS: Ordinance No. 28596 permanently vacating,
discontinuing and closing a paper alley, ten feet wide and 150 feet in
length, running between Lots 16 and 17, Section 1, Map of Raleigh
Court, having previously been before the Council for its first reading
on Monday, April 6, 1987, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#28596) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 143.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........................... 7.
NAYS: None .........
-0.
ACTION:
ROANOKE MEMORIAL HOSPITALS-CITY PROPERTY: Ordinance No. 28597
authorizing an amendment to the City's lease agreement with Roanoke
Hospital Association, Inc., to provide for certain improvements to the
city-owned front parking lot, having previously been before the Council
for its first reading on Monday, April 6, 1987, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28597) AN ORDINANCE authorizing an amendment to the City's
lease agreement with Roanoke Hospital Association, Inc., to provide for
certain improvements to the leased property.
(For full text of Ordinance, see Ordinance Book No. 50, page 144.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None
-0.
COUNCIL-BUDGET: Mr. Garland offered the following resolution
establishing a special meeting of Council on Monday, April 20, 198/, at
1:00 p.m., for the City F~nager's presentation of the Fiscal Year
1987-88 Budget:
ACTION:
(#28610) A RESOLUTION establishing the date of a special meeting
of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 148.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
NAYS: None ....... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
OTHER HEARINGS OF CITIZENS:
ZONING: Mr. Robert N. Rtchert, 415 Alltson Avenue, S. W.,
appeared before Council in reference to a variance granted by the Board
of Zoning Appeals to an applicant of the 1500 foot separation require-
ment of Section 36-140(7) of the current zoning law, advising that the
Board of Zoning Appeals, in its final analysis, used the new zoning law
not yet adopted by Council to justify its action.
191
Mr. Richert advised that he believes the City has a serious
problem, and the following action is called for:
If Council was serious about enforcc~nent of the
current zoning law under Section 36-140(/), it has
no choice but to challenge the April 1 action by
the Board of Zoning Appeals.
Council should pass the new zoning law excluding
any changes that have not been subject to full
public disclosure and review in public hearings.
(For full text, see communication on file in the City Clerk's Office.)
Following discussion of the matter, Mr. Trout moved that the com-
munication be referred to the City Manager and City Attorney for study
and report to Council; and that they provide a clarification of the
following questions at the next regular meeting of Council on Monday,
April 20, 198/, at 2:00 p.m., at which time Council will hold a public
hearing on the proposed new zoning regulations:
Have revisions relating to the proposed new zoning
map and ordinance been addressed in public
forum(s)?
Will the proposed designation referred to by Mr.
Richert (non-profit counselling facilities and
related services) cover existing half-way houses
located in the City of Roanoke?
ACTION: The motion was seconded by Mr. Garland and unanimously adopted.
At 8:50 p.m., the Mayor declared the meeting in recess.
At 8:55 pom., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding and all members of the Council in attendance.
AIR POLLUTION CONTROL: The Mayor advised that there is a vacancy
on the Advisory and Appeal Board, Air Pollution Control created by the
resignation of Robert F. Canova, for a term ending December 31, 1990,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Robert C. Hudson.
ACTION:
ACTION:
There being no further nominations, Dr. Hudson was elected as a
member of the Advisory and Appeal Board, Air Pollution Control for a
term ending December 31, 1990, by the following vote:
FOR DR. HUDSON: Council members Musser, Trout, Bowers, Bowles,
Garland, I~rvey and Mayor Taylor ........... 7.
Mr. Bowers moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. H~rvey and unanimously
adopted.
There being no further business, the Mayor declared the meeting
adjourned at 9:00 p.m.
ATTEST:
City Clerk
APPROVED
192
COUNCIL
PUBLIC INTERVIEW OF SCHOOL BOARD APPLICANTS
April 16, 1987
/:00 p.m.
The Council of the City of Roanoke held a public interview of four can-
didates for the position of School Board Trustee on Thursday, April 16, 1987, at
7:00 p.m., in the Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., with Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ........................ 7.
ABSENT: None ...............
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Mrs. Sallye T. Coleman, Mrs.
Marilyn C. Curtis, Mr. Joe D. McCoy and Mr. William White, Sr.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of A~erica
was led by Mayor Taylor.
The Mayor advised that on June 30, 1987, the terms of Sallye T. Coleman
and William White, Sr., as Trustees of the Roanoke City School Board will
expire, and the purpose of the meeting is to interview four candidates for the
upcoming vacancies.
The Mayor advised of the following actions taken by Council to conform
with the School Board selection process as set forth in Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended:
At regular meetings of Council held on January 20
and January 26, 1987, Council announced its inten-
tion to elect Trustees of the Roanoke City School
Board for terms commencing July 1, 1987.
Advertisements were placed in The Roanoke Times &
World-News inviting appllcatiohs for the upcoming
vacancies. Five applications were received in the
City Clerk's Office prior to the deadline on
Tuesday, March 10, 1987. One application was
withdrawn pursuant to communication under date of
,March 17, 1987. Upon filing, the City Clerk fur-
nished each applicant ~th written information pre-
scribed by Council describing the duties and
responsibilities of Trustees of the Roanoke City
School Board. The mass media was encouraged to
make public service announcements of the impending
election of School Trustees and the selection pro-
cedure required.
On March 16, 1987, at 4:00 p.m., Council held a
public reception with the candidates.
On March 23, 1987, Council as a Committee of the
Whole reviewed and considered al l..~ l~.t~on~.
At the regular meeting of City Council on Monday';
April 6, 1987, at 2:00 p.m., Council, by public
vote, selected all four candidates to be accorded
the public interview. The selection process pro-
vides, in part, that the number of candidates to be
granted the interview will not exceed three times
the number of positions available on the Roanoke
City School Board, should there be so many can-
didates.
Those candidates who were to be accorded the public
interview were notified by the City Clerk on
Wednesday, April 8, 198/.
A notice was published in The Roanoke Times &
World-News inviting the public to attend a publ'tc
hearing to receive the views of citizens regarding
appointment of School Board Trustees and to submit
proposed questions to the candidates by filing such
written questions in the City Clerk's Office by
5:00 p.m., Thursday, April 9, 198/. ! am advised
by the City Clerk that no questions were submitted.
The Council held a public hearing on Monday,
April 13, 1987, at 7:30 p.m., to receive views of
citizens regarding appointment of School Board
Trustees.
Mayor Taylor advised that the selection process provides that Council
will publicly interview each candidate separately and out of the presence and
hearing of other candidates; that interviews of the candidates will take place
in alphabetical order based on the first letter of the last name of the can-
didates; that each candidate wil! be given the opportunity to make an opening
statement of not more than five minutes and thereafter, Council may ask such
questions, as Council, in its discretion, deems advisable; and the Council will
hold four interviews with each interview consisting of fifteen minutes. Mayor
Taylor requested that the candidates be seated in the Council's Conference Room,
noting that the City Clerk will advise each applicant when it is time for his or
her interview; that after the interview has been completed, each applicant may
feel free to leave the Council Chamber inasmuch as no action will be taken by
the Council.
In concluding, Mayor Taylor advised that on Monday, May 4, 1987, at
2:00 p.m., or as soon thereafter as the matter may be considered, the Council
will hold an election to fill the two upcoming vacancies on the Roanoke City
School Board, for terms of three years each co~nencing July I 1987, and ending
June 30, 1990. ~
The following is a summarization of opening remarks of the candidates
and responses to questions asked by the Mayor and members of Council.
193
The first person to be interviewed was Mrs. Sallye T. Coleman.
Mrs. Coleman expressed appreciation for the opportunity to be inter-
viewed.
Mr. Trout asked the following questions:
QUESTION: ~lring the past three years, what are the major achievements which
have been accomplished by the system since you became a member of the School
Board?
Mrs. Coleman advised that there are many achievements which have been
accomplished during the three years she has served on the Board. She mentioned
that she has been unusually pleased by the fact that the test scores of students
have greatly risen, which gives the City a good report card with the State and
is indicative of the fact that there are a number of ivy league colleges
recruiting Roanoke City students with scholarships, such as MIT, Yale, and Har-
vard, noting that this was unfounded a few years ago. She stated that she is
proud of staff development, noting that the school system has one of the finest
staff development departments to be found anywhere in this country, adding that
a month ago the City system received, out of nine school districts in the United
States, one of the outstanding awards for staff development. Thirdly, Mrs.
Coleman said she is proud of the interest that citizens have taken in the
schools this year, and, out of the five year long-range plan, studies have pro-
ven that citizens, not only parents but taxpayers, are interested in the schools
and their programs.
194
QUESTION: If you were reappointed, what are some areas in which you would focus
your attention?
Mrs. Coleman responded that one of the first areas would be elementary
guidance counsellors which have been mandated by the State with a time limita-
tion of 1989-90. She called attention to the problems which are being encoun-
tered at the elementary schools with students due to a change in social order in
which there are a great number of single parent homes and the single parent hap-
pens to be the mother who has gone into the work place in order to provide for
the needs of the family. She explained that many of the responsibilities, which
at one time were those of the home, have now been shifted to the school, that it
places a double load on the school, and she is in accord and happy to say that
the State is mandating that the City bring in counsellors to help alleviate some
of the problems which have been given to the classroom teachers. She commented
that young educators are being run out of the field of education because the
circuit has been loaded in that they are trying to provide for the academic
needs of the student and, at present, they must provide for their social needs
are we] l.
QUESTION: How do you feel about school nurses?
Mrs. Coleman advised that the health of the children is germaine to the
situation, and health aid and care should be provided.
Mr. Musser asked the following questions:
QUESTION: How well do you feel you understand the school budget as you received
it this year or in previous years?
Mrs. Coleman advised that the first year she served on the School
Board, the idea of budget making and preparation was a new experience and it was
a learning experience, which is expected during the first year; however, during
the second year, she thoroughly understood the budget. She said the instruc-
tional councils of each school are asked to submit their budget needs,
classifying those needs in first and second priority, which is sent to central
administration and a rough draft is made for the School Board to work from. She
stated that the Board reviews the drafts, noting all of the needs the schools
have stated, and realizing that it is not possible to achieve all of the needs.
She explained that the Board then reviews information it has received from
school visits, needs and requests stated by parents, and information the Board
considers to be important. She stated that this year the Board reviewed the
budget as presented by the administration and made suggested cuts which would
bring the budget into focus.
QUESTION: Do you feel comfortable in being able to take the School budget and
review and understand it?
Mrs. Coleman responded in the affirmative, advising that the budget has
been explained to the Board by the administration; that hearings have been held,
and from the hearings they have re-adjusted the budget.
QUESTION: How would you rank your responsibility as a School Board member from
one to four, one being the highest and four being the lowest, related to (1)
School administration, (2) Council, (3) students and, (4) instructional staff?
Mrs. Coleman advised that she would consider the Council to be a gover-
nance body for the City, and the School Board to be a governance body for educa-
tion and inasmuch as Council allocates funds to the School Board, she would hope
the two bodies would be working partners, and Council would be ranked at the top
as a partner with the School Board. She stated that her order of ranking would
be the community as number one because the community represents the taxpayers
and without their support, it would be impossible to survive as a governance
body for the City or for education. She added that following the community
would come the administrators and then the students.
Mr. Harvey asked the following questions:
QUESTION: How do you see the relationship between Council and the School Board?
Do you think it has improved since you have been a member of the School Board
and what do you see as the most important avenue towards a cooperative effort by
the two bodies?
Mrs. Coleman responded that one of the goals of the School Board is to
improve cmnmunication, and she feels that communication is improving; and a pro-
blem with communication many times generates from the fact that the roles that
each play are not fully understood. She said she hopes the relationships have
improved, noting that long range planning sessions have helped when the two
groups have had a chance to hear each other in operation.
QUESTION: Would you question the School budget if you were not c~fortable
with a specific recommendation?
Mrs. Coleman responded in the affirmative, advising that it is her role
to question. She said prior to the time the Board goes into budget study, mem-
bers have given their input before the draft budget has been submitted.
QUESTION: Do you believe that the School Board sets policy for the operation of
the schools and the administration carries out policy with the Board?
Mrs. Coleman advised in the affirmative, noting that the task of the
School Board is to set policy and if there is misunderstanding, to interpret
policy; that the role of the Superintendent is to carry out policy established
by the School Board; that tile Superintendent is a partner with the Board, he is
employed by the Board to carry out its programs and if policy is not carried
out, the Board must state to the Superintendent that it specifically makes
policy, states policy and interprets policy when there is misunderstanding, and
it is the Superintendent's job to carry out policy set by the Board.
195
<1
Mr. Garland asked the following questions:
QUESTION: What do you consider your greatest strength as a School Board member?
Mrs. Coleman advised that she thoroughly studied State guidelines as to
the responsibility of the School Board and she has honestly endeavored to follow
those guidelines; that it is her role to judge if policies are being carried out
and, if she has any doubt in her mind, she would not be reluctant to address her
concern with the individual hired by the Board to address these issues. She
said another strength has been in regard to school visitations and talking with
parents and students to see if programs have been meaningful and worthwhile.
She added that she has heard concerns of teachers and many times those concerns
could have ballooned into larger problems, but by catching them at a lower level
and addressing them with the Superintendent, minor issues have been resolved
which could have become major issues.
QUESTION: Telephone calls have been received from teachers advising that morale
is at a low ebb, that many good teachers are leaving the system, and teachers
are working in an atmosphere of fear and intimidation. Is there any validity to
that charge?
Mrs. Coleman responded that nationwide, systems are going through revo-
lution in education which means a complete change as students are being prepared
for the twenty-first century, and that means that methods which have been used
for years are no longer the methods that are suitable for the needs of students
today; that more emphasis is being placed on academic skills and training for
students today than was stressed previously, and there is a tendancy that if one
has taught a long period of time, one tends to resist change which can create a
certain kind of atmosphere. She called attention to the evaluation forms which
have been monitored by the Board, noting that the Board has been told that
teachers are pleased with the evaluation method. She said the evaluation form
does not look at the personality, but at the teacher's performance, and the
Board likewise receives complaints from parents as to the performance of
teachers. She said it is the responsibility of the Board to monitor the eva-
luatton process, that administrators investigate cases and attempt to help the
teacher through the evaluation system and pinpoint any weakness; and if the
teacher resists and refuses to show improvement, there is no other alternative
but to so indicate on the evaluation. She explained that all of this takes
extra effort and work, but the Board is constantly trying to improve teacher
salary structure in order to compensate teachers for the extra effort which is
being called for. She noted that if teachers are displeased, there is a
grievance procedure established by the State, and the Board has asked that per-
sonnel encourage teachers to use the procedure, if necessary.
196
Mrs. Bowles asked the following questions:
QUESTION: How accessible do you feel you are as a School Board member for
teachers and do you respond? Do they feel they can come to you openly and
without being intimidated or with possible loss of job?
Mrs. Coleman advised that having been in the field of education, she is
of the opinion that teachers feel free to talk with her. She said she has a
procedure whereby she informs the teacher that she will receive the complaint,
she will do some investigation of the complaint, and if she finds it has sub-
stance, she will take the other action; that in many cases she has discovered
she has to be careful with that procedure because she has been misled by being
told that situations exist, but when she has investigated the situation, she has
been told by the complainant that things are better and the situation is not the
same as it w~s. She said she is accessible to any teacher or administrator.
QUESTION: How important do you feel the middle schools such as the Governor's
School and CITY School, etc., are to the system?
Mrs. Coleman responded that education has to be provided for the
gifted, for the student with special needs, which is known as special education,
and for the middle group, which is referred to as average. She said the system
provides CITY School, which is for highly motivated students; the Governor's
School, which is for gifted students; the learning disability classes; the spe-
cial handicapped classes; the multi-purpose handicapped classes; and a program
which is operating under a regional board composed of six school districts--
Roanoke County, Botetourt County, Franklin, Craig, Salem and Roanoke City -- for
the profoundly mentally handicapped and autistic student. She explained that
the latter is a good program; that under the program the City receives reimbur-
sement of sixty per cent for each child in attendance, and Roanoke has twenty
students represented. Mrs. Coleman called attention to the fact that any
program must have enthusiastic teachers and principals in order to be success-
ful.
Mr. Bowers asked the following questions:
QUESTION: Could you give a comparison of the education students are receiving
in the elementary, junior and senior high schools of Roanoke City with what
other students in western Virginia are receiving?
Mrs. Coleman responded that there are two Governor's Schools in the
State; that the City is offering more programs and drawing in students from
Salem, Botetourt, Franklin and Roanoke County. She said in her opinion the City
is offering more programs than other jurisdictions; that with the coming of the
Magnet School, if approved, the City will have a program that is not offered
anywhere in the State. She commented that the City must be very cautious that
our schools do not become too racially isolated, which could affect the City
from the federal point of view, noting that the Magnet School will alleviate
that problem. She also pointed out that the Magnet School will be especially
helpful to minority and low income students in preparing them for the future.
QUESTION: Do you believe that students in the City schools are receiving an
education comparable to the education received by students in other jurisdic-
tions?
Mrs. Coleman responded in the affirmative, advising that it should be
realized that Roanoke City is a magnet for the problems that are coming into the
Valley, and on that basis, the system is handling the situation very well. She
said another indication that has been enlightening is a number of City students
who were previously placed in private schools have been coming back into the
City system which indicates that parents are pleased with the caliber of educa-
tion.
QUESTION: Why are you running for re-election and why should you be given
another three year term?
Mrs. Coleman advised that she is very interested in the education of
young people; that she realizes they will be her leaders and she wants to see
them well trained as leaders. She said she can add continuity to the Board, she
has a background in education, she keeps abreast of what is happening in educa-
tion, and for these reasons she would like to be reelected as a member of the
School Board.
Mayor Taylor asked the Following questions:
QUESTION: What do you feel are the most pressing needs of the Roanoke City
School system today?
Mrs. Coleman advised that social problems which are brought into the
schools by students need to be addressed. She called attention to the probl~n
of teenage pregnancy and the lack oF parenting skills. She said she would like
to see programs that will equip students who will be unable to receive college
grants, therefore, their formal education will terminate at the high school
level. She commented that she would like to see a very strong vocational educa-
tion program because that program will equip students For the Future which lies
ahead o
QUESTION: What do you feel are the results of the proposed School Board evalua-
tion process that you initiated?
Mrs. Coleman advised that the instrument which was used was not an
instrument that was pleasing to the Board; that they were looking for an instru-
ment which better met their needs and would measure every facet of the School
Board, not only that which deals with finances, but that which deals with curri-
culum because the School Board is broad based in the areas that it must be con-
cerned with. She said the Board set out to look for other instruments and it is
felt that something was discovered in Orlando, Florida, where she attended a
seminar and brought back several instruments for the Board to select the docu-
ment which they feel would be best for the second evaluation. She explained that
a School Board evaluation is a complete necessity and so much so that the
National School Board Association has taken the same point of view, noting that
recently she was asked to speak to a clinic of 500 persons in San Francisco,
California, on School Board evaluations. She pointed out that School Boards see
fit to do the evaluations on their own rather than for the state to mandate that
it be done; and it is helpful in order for the Board to grow professionally just
as teachers need to grow professionally.
197
The second person to be interviewed was Mrs. Marilyn L. Curtis.
Mrs. Curtis advised that she appreciates the opportunity to be inter-
viewed for a position on the Roanoke City School Board. She said she came to
Roanoke in 1945 and all of her children and staff are Roanoke educated people,
although she is not. She stated that she has been approached by members of the
community, both black and white, to apply for membership to the Board.
Mrs. Curtis stated that as a citizen, she has concerns; that she knows
nothing about being a member of the School Board but she has been reading and
studying issues and talking with people, noting that her years of living in the
City, having interest in the community and having served on various committees
of the school system have qualified her for the position.
Mrs. Curtis explained that one of her major concerns is whether or not
there are programs available for the average and under average student; that she
is interested in whether or not the classroom contains sufficient programs for
the less affluent child, the child who is not college bound, the child who will
go immediately into the job market, expressing concern as to whether or not
there are classes to keep that student from being an educated illiterate. She
expressed concern that other than special education, are there vocational
classes for the student who will enter into the job market immediately, are
there programs in elementary schools which will encourage the under average stu-
dent to aspire for programs at the CITY School, or Plato or the Governor's
School. She pointed out that she has no problem with programs for the gifted,
but would hope that more students wi'Il qualify but in order to qualify, students
should be motivated at the elementary school level. She said poverty stricken
children from the less affluent neighborhoods, both black and white, are not
necessarily uneducatable; that the same motivation is needed for these students
as that which is needed for middle and upper class children. She stated that
many times we look at a neighborhood and see the quality of a neighborhood and
in~nediately we think that everyone who lives in that neighborhood is of that
same calibre, but it is known that people have come from these areas from
underpriviledged homes and, through proper channels of motivation and challenge,
have made greater progress than some of their colleagues who have come from the
more affluent society.
198
Mrs. Curtis said she is not a trained educator but many of her friends
and associates are and these are persons ~o are highly respected in the City of
Roanoke and represent the largest group of professionals in the black community,
not only teaching in the classrooms but represented in many organizations
separate from their jobs.
As a final comment, Mrs. Curtis advised that if she is successful in
her bid for appointment to the School Board, her ultimate goal will be to pro-
vide the best education possible for the students under the best possible con-
ditions, while working on a reasonable budget that will not take away from the
general overall necessities of the community.
Mr. l~sser asked the following questions:
QUESTION: Have you had an opportunity to see the School budget?
Mrs. Curtis responded in the negative.
QUESTION: How would you rank from one to four what you feel would be your
responsibility as a School Board member toward: (1) the School administration;
(2) City Council; (3) students; and (4) teachers and principals, with number one
being the highest and number four being the lowest?
Mrs. Curtis responded that it would be difficult to separate one from
the other and there is great responsibility to all four categories.
QUESTION: What do you feel you could contribute as an individual to the School
Board if elected over the next three years?
Mrs. Curtis responded that she would try to be fair in her dealings
with everyone, to work with the budget and see that it is handled properly, to
be considerate of teachers, and work with the administration and City Council
as much as possible to see that quality education of students is provided.
Mr. Harvey asked the following questions:
QUESTION: How do you see the relationship between Council and the School Board?
What do you generally see as the working relationship between the two bodies?
Mrs. Curtis responded that the two bodies should work together; that
the School Board is a policy making organization for the school system, however,
it should be subject to the approval of City Council. She said she would like
to see the relationship as a very good one.
QUESTION: What do you think the duty of the School Board is insofar as policy
making and where does the School administration fit in?
Mrs. Curtis advised that she has reviewed all of the rules and regula-
tions under which the School Board operates which are mandated by the State.
She said she would hope that the two bodies could work together and agree with
the administration when necessary, disagree when necessary and direct the admi-
nistration in another direction.
QUESTION: Do you believe it is the responsibility of the School Board to set
policy for the operation of the schools and is it the school administration's
responsibility to carry out policy?
Mrs. Curtis agreed with the above stated philosophy based on state man-
dated rules and regulations.
Mr. Garland asked the followin9 questions:
QUESTION: How do you view the role of the PTA and the Roanoke Education Asso-
ciation with reference to you as a School Board member?
Mrs. Curtis advised that as a School Board member, she would listen and
pick out what is good and wl~at is bad, and she does not feel she should be unu-
sually loyal to PTA persons or the education associations. She said she has
worked with the PTA's and sometimes PTA members can become a little over exu-
berant in the things they might request of the School Board. She admitted that
she does not know a great deal about the education associations, and stated that
good sense should be used with regard to matters coming from any group of
people.
QUESTION: What do you consider to be your greatest strength as a potential
member of the School Board?
Mrs. Curtis advised that she is a professional, she has studied bud-
gets, she is a mother and she has worked with children, and she has worked in
prol~essional associations with all kinds of administrative problems. She stated
that she worked with tile Federal Government for a short while, she worked for
the State Banking Department t~or a short while, she has a variety of experiences
and knowledge, she has a good relationship with the community and can feel the
pulse of the community; and she has the opportunity to see more persons in the
community in her work than most people would have the opportunity to see.
Mrs. Bowles asked the following questions:
QUESTION: Do you feel that the CITY School, Governor's School, and vocational
schools are necessary to be continued in our educational system?
Mrs. Curtis responded in the affirmative, advising that she has inet
people from both schools, that they offer good programs and she hopes more
people will qualify for the programs.
QUESTION: Do you feel you would be accessible to teachers?
Mrs. Curtis responded that she would be accessible to teachers and
other groups. She said the nervousness of teachers may have calmed down a bit
and they seem to be able to adjust to the situation as it now exists.
199
Mr. Bowers asked the following questions:
QUESTION: Please give a comparison between the education that students of Roa-
noke City Schools receive with the education received by other students in
western Virginia. Do you believe it is c(xnparable or superior?
Mrs. Curtis responded that she feels the City School system is com-
parable and may be even better in some areas; and she has found that the intel-
ligence level of many students has been raised in the past few years.
QUESTION: Why are you running for the School Board, and why should the Council
give you an opportunity to serve for three years?
Mrs. Curtis responded that she would like to be of public service and
feels she qualifies for the position. She said she has worked with the com-
munity, black and white, in many capacities and a School Board position is some-
thing she has been interested in for several years, and she feels she has the
time to serve effectively.
Mr. Trout asked the following questions:
QUESTION: What do you hear from the groups in which you are associated that is
good about our schools?
Mrs. Curtis responded that the Roanoke City School system is a good
system; that she has been interested in the articles on school renovation, and
if the schools can be renovated, she would be in favor thereof, noting that the
funds should be used equitably among all the schools involved.
QUESTION: In a tight budget, if you had to choose between placing money in the
gifted program or placing money in vocational programs, which one would you
choose?
Mrs. Curtis advised that she would like to see the vocational program
given priority in that particular instance.
Mayor Taylor asked the following questions:
QUESTION: What do you feel are the most pressing needs of the Roanoke City
School system today?
200
Mrs. Curtis advised that in a good system of education, unity is
necessary among all of the persons who are involved from the administration down
to the teachers to tile bus drivers; that there should be unity within the School
Board; and disagreement can be good as long as it is not disagreement that will
disrupt the school system.
QUESTION: Do you feel that we are doing enough to fneet the needs of the disad-
vantaged students or students with special needs?
Mrs. Curtis advised that she does not ilave enough information to answer
the question appropriately, noting that she would like to see a focus placed at
the elementary school level to prepare students for the junior and high school
Ievel s.
At 8:35 p.m., the Mayor declared the meeting in recess.
At 8:45 p.m., the meeting reconvened in the Council Chamber, with ~.byor
Taylor presiding, and all members of the Council in attendance.
Mr. Joe D. McCoy was the third person to be interviewed.
Mr. McCoy advised that he is in the process of raising two daughters
and a son who are active and enrolled in the City school system. He said he is
an aggressive and objective person. He stated that he is excited about the new
Magnet School which has been suggested, and he is excited to a point about the
way the School Board has worked together and the educational programs they have
initiated. He said he would be an asset to the School Board inasmuch as he is
objective and willing to work with anyone to a point; that the dollars placed
into the School system by the taxpayers are a trust and, if appointed, he would
take that trust very seriously.
Mr. Harvey asked the following questions:
QUESTION: How do you perceive the relationship between Council and the School
Board? How do you think the two bodies should work together?
Mr. McCoy advised that the two bodies should work very closely
together, and it would be the responsibility of the School Board to present to
Council all documents in a simple and easy to understand manner. For example,
he said he labored over this year's school budget quite a while, noting that a
line item budget should be presented to not only City Council for quick
understanding and expediency, but also in order for the average blue collar
working American -- the people who support the system and put the dollars into
the system -- to know where their money is going. He said he perceives the
school budget as not the School Board's money but a trust placed in their hands
by the taxpayers of the City of Roanoke, and he feels the Board has a respon-
sibility to the taxpayers to present the budget in a way that it can be
understood.
QUESTION: How do you perceive the relationship between the School Board and the
Administration? What role do you see the School Board playing and what role do
you see the School Administration playing?
Mr. MCCoy advised that as he perceives the relationship, the School
Board comes across as being responsible to the administration. He said the
School Board is the policy maker and has a responsibility to the administration
to wisely use funds and to see that the administration has necessities such as
school nurses, etc., which are essential for the operation of a good education
system. He said the School Board should have the last word on philosophy, but
the administration should and must have a good amount of input into the for-
mation of philosophy.
Mr. Garland asked the followin9 questions_:
QUESTION: As a patron and parent of students who attend the system, what are
the strengths of the system and what are the weaknesses of the present system?
Mr. MCCoy advised that a quality education system exists in Roanoke and
he Is proud of the way people have supported and paid teachers above nationwide
salaries. In reference to weaknesses, he satd if there is a weakness It would
be in regard to guidance counselling, advising that his son has a constant
battle with his schedule in that he must rearrange math and chemistry programs
to make certain that he will be qualified for acceptance to a college, that the
burden falls back on his son who is qualified to make the decision, but should
not have to make that type of long range decision at his age.
QUESTION: What is the greatest strength that you would bring to the School
Board?
Mr. McCoy advised that upon observing the School Board, he feels it is
divided into two clicks -- Dr. Tota, Mr. Kelly and Mrs. Coleman against Mr.
Bartol, Ms. Dillon and Ms. White. He said tile Board is not a unit, they repre-
sent two separate bodies with each struggling for the final outcome to be in
their favor, and if he could manage to take the good from one part and the good
from the other part and bring it together, decisions would be more united in the
final outcome.
QUESTION:
Roanoke?
Mrs. Bowles asked the following questions:
How familiar are you with the educational system of the City of
Mr. McCoy advised that he is well informed and he talks with his
children a great deal.
QUESTION: From your application, you stated that emphasis should be placed on
reading, writing and math skills and less emphasis should be placed on the arts.
If you became a School Board member and there was a tight budget, would you
advocate eliminating the arts first?
Mr. McCoy responded in the affirmative, advising that he believes the
skills students will need first and foremost are the basic three r's - reading,
writing and arithmetic, with the arts being extra-curricular. He said the arts
are essential but if reductions have to be made, the arts would have to be the
first to go.
QUESTION: Do you perceive discipline to be a problem in the City with students
and teachers?
Mr. MCCoy advised that he does not perceive discipline to be a problem.
Mr. Bowers asked the following questions:
QUESTION: How would you compare the education of students in the Roanoke City
Schools with education received by students in other jurisdictions in western
Virginia?
Mr. McCoy advised that he would say that on a scale of one to ten the
Roanoke City system would be at least an eight; that in the locality where he
came from students studied at more or less their own pace and the system was too
liberal in that students had no prodding, it did not seem that the faculty gave
the students enough encouragement to do more than pass, however that is not the
situation in Roanoke. '
QUESTION: Why are you running for the School Board and why should the Council
support you over the other applicants?
Mr. MCCoy responded that he is interested in not just his children but
youth in general. He said he has been told that he probably will not be con-
sidered for appointment because he is not black and because Council is looking
to find black representation on the School Board. He said he does not consider
himself to be a black man or a white man, that he served 31 months in combat and
every black man who w~s killed did not turn white when he hit the ground nor
vice versa, noting that black or white, we are all Americans, we are a group and
he does not consider himself any better or any worse. He stated that he should
not be and will not be disqualified for that one singular reason.
201
QUESTION:
ted?
Mr. Trout asked the following questions:
What do you see as the faults of the system which need to be correc-
2O2
Mr. MCCoy responded that he would do everythin9 within his power to get
the new Magnet School in place because a black child going to a predominantly
white school cannot have pride in his school because he feels it is more white
than black, and a white child going to a predominantly black school feels at a
disadvantage and he cannot have the same pride in his school because he feels
the school belongs to another group; that with the Magnet School children will
be children and the whole body will be the school. He said he does not believe
a black child should be taken away from his friends and placed in a predomi-
nantly Site school or vice versa.
Mr. Musser asked the following questions:
QUESTION: How well do you feel you understand the school budget as presented?
Mr. McCoy advised that as the budget was presented, it was not a
budget, it was "hocus pocus"; that he and his wife appeared before the School
Board at the original budget meeting and when they commenced their question
period, they were cut off and told they would receive a communication. He said
he does not have a lot of faith in Board members who accepted the budget as it
was presented; that there are questions he could bring before the Board that
they could not answer, and, if they adopted the budget and cannot answer
questions, they have not done their jobs properly. He said one of his main
complaints about the procedure of selecting persons Lo serve on the School Board
is that the question should be put to the voters to decide who is responsible
for spending their tax dollars.
QUESTION: Have you had a chance to look at a previous total City budget?
Mr. McCoy responded in the negative.
QUESTION: How would you rank your responsibility as a member of the School
Board to the following four categories: (1) school administration; (2) City
Council; (3) students; and (4) teachers and principals?
Mr. McCoy advised that the students would have to come first, which is
the whole reason for an educational system; that the administrators would come
second, followed by teachers and principals and finally Council.
Mayor Taylor asked the following questions:
QUESTION: Do you feel that we are doing enough in the system to meet the needs
of the disadvantaged students or the students with special needs?
Mr. McCoy advised that he perceives in the system the extras that are
offered to students, for example: the opportunity for them to leave William
Fleming High School and go to Patrick Henry High School for a body working
school which builds character, noting that the program is not mandatory but is
s~nething the student perceives as an extra opportunity.
QUESTION: Do you think there are enough extras in place for the student with
special needs?
Mr. McCoy advised that on a scale of one to ten, he would give the City
system a five. He said our schools have special help in classes which have
slowed down in order Lo provide for a better understanding of what students are
studying, but the system could do more.
QUESTION: If elected as a School Board member, what would you like to see the
system accomplish during the next three years?
Mr. McCoy advised that he would like to see the system ranked number
one in the United States. Realistically speaking, he said he would like to see
the budget stretched into the areas of trade schools which should be more
available to more students; special education classes for those who are slow at
one particular subject, which assistance in most instances will be short term;
and educational aides should be more readily available to students.
The fourth and last person to be interviewed was Mr. William White, Sr.
203
Mr. White advised that he looks at service on the School Board as an
awesome responsibility and a unique oppportunity; that he feels he has gained
personally by serving on the Board for the last two years and he has eagerly
contributed to the success of the schools. He said if he is reappointed, he
will continue to contribute; that he looks at service on the School Board from
several points of view; viz: he is a parent of two students in the system, he
can provide the perspective of a businessman, he employs graduates of the City
schools and sees their weaknesses and their strengths, and he can provide input
into some of the things business people look for in employees. He stated that
he also looks at his service from the viewpoint of a taxpayer; viz: he owns
property in the City, he is interested in the quality of neighborhoods, and he
is interested in economic development as it relates to improving the tax base.
He pointed out that he has a good working knowledge of the process, he can make
a contribution and he can be more effective if he is reappointed for the next
three years.
Mr. Garland asked the following questions:
QUESTION: Do you think too much attention is being paid to the economically
advantaged child as opposed to the other end of the spectrum?
Mr. White responded that there are programs such as CITY School, the
Governor's School, and the Plato Program established for gifted students which
not only serve the economically affluent, but are available to serve economi-
cally disadvantaged students as well. He said there are some unique oppor-
tunities in Roanoke, and called attention to the mix of the student body -- 30
per cent from single parent homes, and approximately 30 per cent from poverty
level homes. He stated that there has to be a wide diversity of programs to
serve this broad mix and he views this as an opportunity. He added that he
looks at having programs for the academically gifted as a way of serving all
needs of the students, but the basic schools are for average students and the
majority of the 13,000 students attend basic programs. He pointed out that he
does not believe there is a problem; that those kinds of programs are needed to
serve the student body because of the diversity of students, and noted that
there is a good balance.
QUESTION: Telephone calls have been received that morale among teachers is at a
low ebb; that many good teachers are leaving the profession and teachers feel
they are working in an atmosphere of fear and intimidation. Do you think there
is any validity to that charge?
Mr. White advised that he has been concerned about those types of
calls; that he is willing to talk with teachers; that he has encouraged them, if
this is the case, to state the facts and step forward; that unfortunately there
are a number of people who will call and talk one to one but who will not pre-
sent their case to the appropriate person(s), and it is difficult as a member of
the School Board and as a member of Council to actually render assistance. He
said by the same token, he hears from teachers stating that improvements have
been made in the last five to six years. He explained that it is a difficult
thing to balance.
Mrs. Bowies asked the following questions:
QUESTION: Do you perceive yourself to be a different School Board member at
this point than you were two years ago when you were first appointed to the
Board?
Mr. White responded yes and no. He said he still looks at issues and
tries to make the best decision based on the facts; that he is much more pragma-
tic about decisions and about material; that he can digest material and under-
stand information and he has a better working relationship as to the entire
process which will definitely be of assistance if he is successful in being
reappointed. He added that he knows how to get things done, how to identify
problems and he has matured during the past two years.
QUESTION: Did you, or did you not, have an opportunity to have input into the
school budget, and, if so, please elaborate?
204
Mr. White advised that he had an opportunity to add all the input he
could into the budget; that there was a draft budget in which he had two weeks
to review; that there was at least one meeting where the budget was discussed
and the Chairman asked each member to state his views on the budget; that at
that meeting one member of the Board was absent; that he has talked with the
Superintendent and the Financial Manager on several occasions concerning the
budget, and he was satisfied based on the assumption that all Board members had
the same opportunity to express their concerns related to the budget.
Mr. Bowers asked the following questions:
QUESTION: Please compare the education that students of Roanoke City schools
receive to students in other jurisdictions of western Virginia.
Mr. White advised that when he was first appointed to the Board he
heard the figures 30 per cent single family, 30 - 35 per cent poverty level stu-
dents, 30 per cent minority and thought there may be all kinds of problems, but
after about a year he developed the attitude that these are not problems but
opportunities. He said if one looks at the pure test scores, one might be
misled, but with the type of education and the type of clientele which is
served, and if one measures the wide variety of students served and the success
of the system, the Roanoke system would stand up with any system in western
Virginia. He pointed out that unfortunately some of our neighbors are not as
fortunate to have the diversity that the Roanoke system has; that Roanoke
mirrows what this country is made up of; viz: it is a diverse country, we are
fortunate to have diverse people, and to serve a diverse student body, there
must be commitment by administrators, School Board, Council, citizens, talented
teachers and funding. He said we need to do a better job talking with people in
Richmond and Washington to make them realize that we have a diverse city, and
they have to return funds to us that they do not need to return to some of our
less fortunate neighbors that do not have the same diversity. He said the
Roanoke system does ~$ll and would compare well with any jurisdiction if all
factors are considered.
QUESTION: Why are you running for a second term on the School Board and why
should Council support you for reappointment?
Mr. White advised that he came to Roanoke approximately thirteen years
ago and he had a drive to be successful in whatever profession he chose; that
Roanoke has provided him with the opportunity and the environment to be success-
ful and he looks at his service on the School Board as an opportunity to give
something back to the community, to repay a debt and a way to say thank you.
Also, he stated that he looks at the opportunity to serve from the point of view
that he is concerned with public education because public education means a lot
to him and he believes in it.
Mr. Trout asked the following questions:
QUESTION: What do you see as good and what has been accomplished since you have
been on the School Board?
Mr. White advised that he sees a lot of good things; that he realizes
in the past two years people on the School Board are looking at the diversity as
not a handicap but as an opportunity; that he looks at the Magnet Program as a
way to reduce racial isolation, and if we are successful in receiving the grant,
such a program will mean a lot to the City; that over the last two years, com-
munications have improved with teachers and other staff; and if one looks at
test scores, it can be seen that improvements have been made over the last two
years.
Mr. Musser asked the following questions:
QUESTION: How well do you feel you understand the School Board budget as pre-
sented, not only the present budget but previous budgets?
Mr. White advised that he has completed his second budget; that he was
overwhelmed by the numbers and format of the first budget; that with the second
budget it took about an hour for him to realize that if the schools had anything
to work with, it was in the area of personnel costs; that 80 - 85 per cent of
costs are in personnel, and other costs are fixed such as building maintenance,
operating costs, etc., which are small in relation to personnel He said he
feels he understands the budget. '
-!
QUESTION: /ks the document was bound and put together, do you feel you could
start at page one and go through the entire budget and fully understand how it
was presented?
Mr. White responded in the affirmative, advising that the budget is a
summary document and does not provide all of the details behind each account.
He said he can look at the summary and follow the flow of income versus expen-
ditures and look at the matching of these incomes and expenditures, understand
the source of funding and understand the source of outgo. He said insofar as
looking at each detail behind the various categories, he did not personally
review that information but the information is available if a School Board
member or a citizen would like to review it. He added that the budget as pre-
sented is in a working romar and could be changed to have more detail.
QUESTION: How do you perceive the relationship betwee~,~'~6~cil~ an~l"th~,.S~oel ·
Board now versus the time when you were first appointed to the Board?
Mr. White advised that in the last year he has heard that relationships
between Council and the School Board are terrible and that is a mystery to him.
He said he does not feel the strain.
QUESTION: Since 1980 the school budget has increased almost sixty per cent, do
you think Council has been fair with the School Board in this type of per cen-
tage?
Mr. White responded that Roanoke is the largest City west of Richmond;
that we are the magnet city and we take on responsibilities that other locali-
ties do not have, and in order to meet those responsibilities we have to have
funding. He said that the School Board and Council have to effectively lobby
the people in Richmond and Washington to get a proper return from federal and
state monies to take care of the responsibilities and to take the burden off of
the School Board in having to ask Council for a share of funds. He added that
Roanoke is committed to neighborhood schools and the School Board, through its
long range planning committee, studied the situation and felt that we could
operate the total school system without some of the schools, however, after
listening to the community and studying the situation, it w~s realized that the
savings in operating costs would not be worth the impact on the neighborhoods
and the City structure itself, noting that is a burden we have to be willing to
pay for. He commented that from the point of view of good schools and costs,
that has to be tied into economic development, and schools have to be adequately
funded to make sure that a system exists which would be attractive to perspec-
tive industries. He said he does not think one can place a cap on a percentage
increase; that funding has to be provided to meet goals and the goal is to pro-
vide quality education for all the students in the system, recognizing the
diversity of the student population, and help schools enhance neighborhoods in
the City's economic development goals.
QUESTION: Do you agree with the philosophy that it is the School Board's
responsibility to set policy and it is the School administration's respon-
sibility to carry out policy?
Mr. White answered in the affirmative.
205
!1
Mayor Taylor asked the following questions:
QUESTION: What do you see as the most pressing needs of the Roanoke City School
system today?
Mr. White advised that there are two pressing needs; viz: the schools
need to come up with a means of providing funding to renovate pre-1930 schools
and a mechanism is needed to eliminate racial isolation; that both issues have
been addressed in the past; that with regard to renovation of the schools, it is
hoped to receive bond funds; and with regard to elimination of racial isolation,
the Board has applied for and hopes to receive a grant from the Federal Govern-
ment to start the Magnet schools.
QUESTION: What do you see as some of the more outstanding accomplishments of
the School Board during the two years you have served?
206
Mr. White called attention to improved communication w~th teachers. He
said another major accomplishment has been the work of the long-range planning
committee which was appointed and carried out its responsibilities during the
two years he has served on the Board, advising that the committee did a good job
and gave the Board some ideas to build on.
There being no further business, the Mayor declared the public inter-
views of School Board candidates adjourned at 9:55 p.m.
ATTEST: ~
City C1 erk
APPROVED
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
Aprtl 20, 1987
1:00 p.m.
207
The Council of the City of Roanoke met in specta! session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 20, 198/, at 1:00 p.m., pursuant to
Section 10, Meetin~]s of Council, of the Roanoke City Charter, and pursuant to
Resolution N6. 28510, adopted by the Council on Monday, April 13, 1987, with
Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor .......... .--7.
ABSENT: None ......................
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. William M. Hackworth, Assistant City
Attorney; Mr. Joel M. Sch]anger, Director of Finance; and Ms. Mary F. Parker
City Clerk. '
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
The Mayor advised that the purpose of the special meeting is to
hear the City Manager's presentation of the Fiscal Year 1987-88 Budget.
BUDGET: The City Manager advised that the City of Roanoke is at a
decision point; that the chal]enges at present are outrunning current
solutions; that decisions which must be made this year will have a
significant positive or negative affect on past investments; that the
current challenges have many roots and, to a large extent, the City of
Roanoke is victim of a series of institutional problems.
Mr. Herbert explained that there are a number of issues that indi-
vidually would not cause long-term concern but cumulatively are warning
signals that should be paid attention, as follows:
1. Positioning the City budget for short-term
success but long-term fatlure.
Examples: Inadequate capital equipment is being
budgeted in the basic budget. A long-
term target would be to budget approxi-
mately $2.1 million annually.
Insufficient capital maintenance is being
budgeted in the basic budget.
No paving is being budgeted in the basic
budget.
No revenue flexlbl]tty for debt service
to enable bond referendum for fall of
1987.
Our population base is at the verge of a
significant shift.
Examples: Roanoke Vision Plan indicates that poc-
kets of this City are shifting from mid-
dle class to economically disadvantaged.
As an example, the student population in
the Roanoke City Public Schools has
doubled in the per cent of poverty level
students enrolled in the schools. These
2O8
students come from economically disadvan-
taged homes (and disadvantaged parents)
and qualify under federal regulations for
subsidized breakfast and lunch programs.
In 1980, 15.8% of the student body was
from economically deprived homes. In
1986, the percentage had increased to
33.79%.
Another example is this City must recog-
nize that the Student Enrollment figure
was at its highest during the last ten
years in fiscal year 1977-78 (17,517).
The Student Enrollment figure projected
for fiscal year 1987-88 is 13,600, a dif-
ference of -3,917. This drop in enroll-
ment represents an annual loss in State
revenue of $7.8 million at today's reim-
bursement rate. The projected Student
Enrollment low will occur during fiscal
year 1989-90 (13,200). This additional
drop represents an additional loss of
$800,000.00 in State reimbursements at
today's rate. Parents want to be assured
that the City is committed to maintaining
neighborhood schools and the question is
not simply keeping them open but moder-
nizing them. It becomes clear under this
scenario that the very population that we
would most like to retain sees their
areas of interest in potential jeopardy.
We could be structured for short-term
success (keeping the cost of 9overnment
down) by not providing necessary dollars
for capital repairs due to inadequate
revenue growth to fund a bond issue but
for long-term failure because of a con-
tinuin9 shift in the future financial
ability of our citizens to pay. It is
possible every time we reduce, or post-
pone City capital maintenance and capital
projects, we raise questions in the minds
of the business and citizens. The City
Manager stated that he would like to
ensure that we are doing enough to keep
our current population and businesses
here.
The City of Roanoke has for good reasons
reduced its real estate tax rate during the
last eight years from $1.64 to its present
$1.29. It has reduced its personal property
taxes from $4.10 to $3.45 and has reduced its
utility tax by 50 per cent. This is a tremen-
dous message from City Council to its citizens
and was made possible through a growing eco-
nomy, heavy federal financial assistance, as
well as continuing productivity improvements
within the City government.
Mr. Herbert said his concern is that the City should look to new
solutions to deal with current problems; that these issues and resul-
ting challenges of continuing to provide quality services have been
looming on the horizon but only because of the current economic down-
turn have we been forced to bring these matters forward and begin to
discuss them in a very forthright manner; that the question and the
challenge that now face City Council and its citizens is how much local
government do we want; how much local government involvement is enough
to keep the City moving ahead and to retain and entice new investment,
and how are we going to pay for it. He said it is his hope that we
will realize if we structure ourselves only for short-term goals
(keeping the cost of government down), we are ignoring the long-term
challenge of keeping the City moving ahead.
m
209
The City Manager advised that he believes the City needs a new
solution; that in our effort to define how much government we want and
how we want to pay for it, at least a four prong program should be
addressed:
Define the level of government and services we
want to have. Re-evaluate services that we
are currently providing and ask the question
if they are desired or if the public is wil-
ling to do without them. If we are going to
reduce services, we should target those ser-
vice cuts and clearly understand the impact.
Increase and enhance our economic development
effort. An additional staff person in econo-
mic development is necessary to make "hot
calls" on those businesses who are on the
verge of making investment decisions. This is
being done only on a limited basis. We can
continue to increase revenues by new tax
investment in this City by new companies. The
present staff in City government must be re-
distributed and place more priority on econo-
mic development, advising that he is prepared
to do so.
Continue our effort to increase productivity
and provide productivity training for the
employees of the City of Roanoke. To that
end, he advised that he must redistribute
existing staff to add an additional engineer
who will be dedicated to productivity studies,
work force analysis, and work programs and
work directly ~th employees if an employee
suggestion program is to be properly imple-
mented.
e
A formal program to fund 57 lane miles a year
of paving is needed. A vehicle replacement
program to address our $21 million of rolling
stock is needed. The City of Roanoke {inclu-
ding all departments and the School Board) has
776 vehicles. A police car costs $16,000.00
fully equipped and lasts two years. A fire
truck costs $165,000.00 and lasts approxima-
tely 15 years and a fire ladder truck costs in
excess of $300,000.00. Dump trucks cost
$30,000.00, refuse trucks {22 in the City's
fleet) cost $85,000.00 and have a life of
approximately seven years. Leaf collection
machines cost $7,500.00. Backhoes cost
$46,000.00, sewer rodder trucks cost
$48,000.00 and school buses (140 school buses)
cost $30,000.00 each. There is an obligation
to deliver services to the citizens of Roanoke
and the age of the City's fleet is at the
point where a formal replacement program is a
necessity. A thoughtful businesslike plan to
replace an appropriate number of vehicles on
an annual basis is needed. For two years, the
City has needed to do a capital improvements
program. The Director of Finance advised last
year that the City was not in a financial
position to have a bond referendum which w~s
necessary in the fall of 1986. Now he is pre-
dicting the inability of this City to have a
bond sale for the next three to five years.
Mr. H~rhert said he w~s not referring to dream
projects, but such projects as renovating
schools, completing the pro,rams on Williamson
210
Road and beginning to address the needs of
Peters Creek. He further stated that he is
talking about positioning ourselves should we
desire to go forward on the Roanoke River
channelization project, as well as the need to
provide for major bridge repairs and the
City's five per cent share of approximately
$32 million worth of new road projects that
the City wil! be paying for over the next six
years.
Mr. Herbert advised that the City should focus its attention on
two revenues. First, it should look to a new revenue source, one that
has not yet been tapped and implement tile single largest potential
source of revenue available to the City, the prepared food and alcoho-
lic beverage tax, noting that the burden should be redistributed or
shifted from the taxpayers to the regional users of the City's ser-
vices. Every City within the Commonwealth of Virginia of populations
of 100,000 or greater, cities which are regional cities and have a
disporportionate share of elderly and low-income in comparison with the
surrounding communities, have all utilized the prepared food and alco-
holic beverage tax; that a prepared food tax is a tax on prepared food
and alcoholic beverages and ranges in Virginia cities from a minimum of
two per cent up to five per cent, with the average being 3.7 per cent.
The City Manager advised that Council is correct to say that Roa-
noke is carrying a disporportionate share of the regional load in terms
of services to its residents and to surrounding residents; that Council
is correct in trying to reduce the impact on the cost of providing
these services for our own residents; and it would be correct for Roa-
noke to move into the area of a prepared food and alcoholic beverage
tax. It w~s explained that the 1980 U. S. Census verifies that 53% of
the working population in Roanoke City resides outside of the City;
that as an indicator of Roanoke regional strength, we can look at sales
figures which show Roanoke ranked 172nd in population nationally and
48th in per capita retail sales; that this is not because households in
Roanoke are so wealthy or spend so much, it is because so many people
from outside Roanoke shop here; that Roanoke needs to find a ~ay to
shift the burden to the regional visitors who benefit from our facili-
ties, programs and services; and Roanoke needs to find a way to con-
tinue to lessen the tax burden on City residents who provide so much
for all of western Virginia.
Mr. Herbert said he believes a four per cent prepared food and
alcoholic beverage tax would generate on an annualized basis
$2,400,000.00 or $600,000.00 per percent, and could allow the City of
Roanoke to continue its real estate tax reduction program and begin to
shift the burden of providing services away from the real estate
owners; that this additional expense wi]] not make Roanoke non-competi-
tive for tourist travel and convention business as we are already the
least expensive city for such activities in a survey of 100 United
States metropolitan areas; that hotels and restaurants may claim that
they would be called upon to carry a disporportionate share of the
taxing burden; that the hotels claimed they would be damaged by the
transient room occupancy tax, but the fact is that we have had both an
increase in tax receipts and an increase in hotel rooms constructed
since the transient room tax was implemented.
It was explained that Roanoke is a regional destination and
whether it be hotels, restaurants, or public services, by the nature
and composition of the City, it will continue to draw people into the
community; that every City surveyed reported that there was the usual
opposition by the restaurant industry in warnings that it would have
dire consequences, but the fact is that this tax is not paid by the
restaurants, it is paid by the people who are eating food and drinking
alcoholic beverages in their facilities; that research shows a four per
cent prepared food tax on a prepared meal for most families would not
make (and historically in other cities has not made) a difference in
their choice of restaurant sites. Additionally, it was noted that if
Council saw fit to make a real estate tax reduction to off set some of
the additional costs associated with both living in the City and paying
a prepared food and alcoholic beverage tax, and increase the limits of
tax freeze for the elderly, Council would eliminate or lessen the
direct impact on the elderly or other families in a marginal condition,
Mr. Herbert advised that a food and alcoholic tax is a fact of
life in Virginia and we now pay it in every major city with the excep-
tion of the City of Roanoke; that this revenue source could provide
revenue to lessen the tax burden on real estate owners; it would provide
the City with revenue to give confidence to those people who are most
concerned that we do intend to reinvest in our schools, in our flood
control measures, and more importantly, in the ability to continue to
provide services through purchase of capital equipment and paving pro-
grams, noting that it cannot all be done in one year but the prepared
food and alcoholic beverage tax would grow at a rate as strong if not
stronger than other taxes and would allow the C~ty a reliable source of
revenue that would be paid by something ~n excess of 50 per cent of
people who live outside the immediate City of Roanoke.
The City Manager advised that the second tax he recommends for
consideration by Council is in reference to a cigarette tax increase,
advising that Roanoke has the lowest cigarette tax of those who utilize
this tax in the State; and rec~nmended a three per cent increase in the
tax to help fund the recommended supplemental budget.
Mr. Herbert pointed out that he is of the opinion that the City is
at a crossroads and we can either oversee the decline of the City, or
we can see its continuing growth and prosperity; that Roanoke is posi-
tioned to move forward, and the signs which have led us to this cross-
roads are: the loss of federal monies, the inability to annex, the
shifts in income of our population base, and the flattening in local
tax revenue. He said we must understand the need for both long and
short term solutions; that if we fail to act, our citizens will see
this first hand in the quality of service in Roanoke; and new solutions
are needed to a new set of problems. It was noted that these are tough
issues and this is a matter of hard choices; that Council can approve a
basic budget which is indeed balanced with no new sources of income,
but it will not position the City for the future, or Council can look
to a new source of revenue which will allow the City to plan not only
for the next year but for the years to come; and a new source of reve-
nue would shift the tax burden to those people from outside the City
limits who benefit from City facilities, programs and resources.
In concluding, Mr. Herbert advised that his message is a recommen-
dation for the future; that if we want to insure our ability to grow
and thrive, we have to look to new solutions; that his challenge is to
position the City of Roanoke for long-term as well as short-term suc-
cess by providing the quality of life and continuing quality of ser-
vices that citizens demand and expect.
The Director of Finance advised that last summer he stated that
there were inadequate funds available to finance the City Manager's
capital program, and since that time he has periodically reported to
Council on the sluggish economic conditions of City finances; and it is
felt that this would be the best time to recap what has been said and
what efl~ect it will have on the City in the future.
He explained that as the United States struggles to maintain its
economic leadership role in the world, the City of Roanoke is also
struggling, it is at a crossroad, and does it continue to go forward,
to build, to renew, to be the leader in the Valley, or does it slide
into stagnation and watch its physical assets begin to decay. He said
not just one change has caused this fiscal stress, but a series of
drastic changes; that the good news is that the City of Roanoke had
positioned itself for some of the changes, and the bad news is, not for
all of them, since some were unforeseeable.
Mr. Schlanger said the chain of events is as follows:
Federal Government Changes
The Federal Government is to be commended on its
long overdue effort to bring forward a balanced
budget and eliminate deficits so large it is dif-
ficult to comprehend. This City has always prided
itself on balanced budgets, fair and balanced
taxing authority, and a high level of quality ser-
vices to the 100,000+ owners of this corporation.
Now the Federal Government realizes what this City
212
did from its very start, and in order to set forth
their program towards a balanced budget --have
unbalanced the City's. Although grants to cities
and states only represent approximately lq% of the
Federal budget, they have chosen this area to be
its biggest target for budget reductions.
Revenue Sharing
Beginning in fiscal year 1983 and coming to a quick
end in the Federal fiscal year ending September 30,
1986, this City has enjoyed the use of over $3/
million. The $2.6 million of annual revenue
sharing was equivalent to 13~z on our real estate
tax rate, or approximately 25% of our annual total
collections from personal property taxes.
Community Development Block Grant Entitlements
Better known to the City as CDBG, the lifeboard of
our neighborhoods and economic development pro-
grams, has been reduced from $2.6 million in fiscal
1978 to an estimated $1.5 million in fiscal year
1988. While our demands have increased, we have
had to face a 42% reduction in annual entitlements.
Urban Development Action Grants
Better known to the City as UDAG, has all but been
eliminated to the City of Roanoke which used to be
used as a vital tool for economic development,
which funds have been used as matching money to
build parking garages in downtown, utilized for
site preparation in support of Cooper Industries
and as an equipment loan to Coca-Cola for expansion
of their bottling plant, a total of $10.6 million.
It was explained that in addition to these three major cuts in
Federal support, we are also feeling the effects in the area of social
services, income maintenance and health programs, including food
stamps: child nutrition, medicaid, and Aid-to-Families with Dependent
Children; that fiscal distress was shown by the Fifth District Consor-
tium Program in a report before Council on April 13 as a result of the
Federal Government cutting over $7 billion in programs for education,
training and employment, such as the Comprehensive Employment and
Training Act; and these types of cuts also effect many of the approxi-
mately 30 agencies that the City partially funds through the Citizens'
Services Committee.
Mr. Schlanger advised that the President now wants to repeal the
long standing and just renewed exemption for state and local government
vehicles from the Federal highway gas and excise taxes, and if passed,
it will cost the City of Roanoke another $60,000.00 annually.
It was further advised that because we are an urban City, our
dependence on Federal program funds has been high; that in a report
published by the Auditor of Public Accounts based on fiscal year 1985
data, it revealed that out of the 41 cities in Virginia, the City of
Roanoke ranked number five in local dependency on Federal funds, the
highest ranking for a City with a population over 100,000, while our
sister locality of Salem ranked 39 out of 41, and out of 95 counties,
the County of Roanoke ranked number 95.
The Director of Finance noted that if the overall state of the
economy was looking upward, some of the induced Federal problems could
be overcome, but v~e are facing our third year of a sluggish economy and
all the experts predict the next two years will be the same; that the
only good thing that might happen is inflation is estimated to increase
4 - 4 1/2% over the next year which is good for our local tax struc-
ture, but not good for our citizens. He said we have reached a point
in the economic cycle where the consumer is "bought out"; that since
interest rates have fallen, more and more citizens have been able to
purchase new homes, new cars, and other big ticket items which result
In a large decrease in their disposable income and our businesses have
felt that, and that relates to less sales tax and less business and
occupational license fees.
213
It was noted that another extremely important issue that remains a
problem for the City of Roanoke is the mobility of our citizens; that
as more and more families could afford new homes as interest rates
dropped, more and more of these families left the City; that there is
virtually little new construction within our closed,bou~ndartes, but new
construction is occurring in our neighboring juri~on~; ~h~t..~t~ts ' ",
a vicious circle as the home that family lea,yes is most likely filled
with a family that can only afford that older home which requires more
city related services, and this statement is substantiated by the fact
that since 1980 there have been dramatic shifts of the numbers of the
student body coming from economically deprived homes and this figure
has almost doubled.
Mr. Schlanger said last year the Federal Government enacted what
has been characterized as the most comprehensive revisions to the
Federal income tax system since its creation; that included in the so-
called Tax Reform Act were dramatic changes affecting the way local
governments finance public improvements; and the new law limits our
ability to issue tax exempt debt, complicates the tax-exempt borrowing
process, and affects the markets for a governmental entity's debt
issuance.
It was explained that local governments traditionally have raised
tax-exempt money and earned money, investing it before spendin9 the
money on approved projects; that interest earnings were then used to
either borrow less or produce additional revenue for projects; that the
City of Roanoke has used "arbitrage" as it is called to its finest and
within past existing laws, the City has completed many other projects
with over $3 million in interest money for economic development; and
that gun has now also been removed from the City's financial arsenal.
The Director of Finance advised that one of the strongest influen-
ces on the Fiscal Year 1988 budget is what is happening to us in fiscal
year 1987; that we have completed nine and one-half months of this
fiscal year and our local tax structure has limped along; that for the
nine months ending March 31, 1987, we have collected only .68% more
than we had for the same period of time last fiscal year; that the
category of General Property Taxes (which includes real estate) has
increased only 1.42% over last year and the category of Other Local
Taxes (which includes sales tax, business and occupational license
fees, utility tax, etc.) has only increased .44% due to the poor per-
formance of the sales tax and business and occupational license fees;
and the biggest decrease is Grants-in-Aid Federal Government which
reflects the two quarters' loss of revenue sharing funds.
It was pointed out that although business and occupational license
revenues show unusual collection patterns, the end result is the fact
that for the year we have collected only 2.12% more than last year,
further strengthening our position of a $700,000.00 shortfall of
General Fund revenue in this category.
Mr. Schlanger noted that the budget as presented by the City Mana-
ger shows estimated General Fund revenue of $123.7 million, an increase
of 4.86% over the original adopted Fiscal Year 1987 budget; however, if
the increases in dedicated revenues for the E-911 telephone tax, new
school revenues, reimbursement for Constitutional offices which are up
significantly due to the opening of the new jail pod, and increased
social service funds (which we do not receive unless it is spent,) are
taken out, our General Fund is up 2.42%; and taking out the increase of
real estate tax income at the recommended $1.27 tax rate, would mean
that all other sources of revenue to the General Fund is up only 1/2 of
1%.
In closing, Mr. Schlanger said there is no finer governmental
structure than City government where democracy shows its finest face;
and the citizens of this community can determine through their elected
officials the quality of life they wish to enjoy by the level of ser-
vices they demand and the level of income they will provide to pay for
those services.
214
lhe City Manager l"on~ally presented the proposed Fiscal Year 1987-
88 budget document to the mm~lbers of Council.
There being no further business, the Mayor declared the special
meeting adjourned at 1:55 p.m.
ATTEST:
City C! erk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 20, 1987
2:00 p.m.
215
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 20, 198/, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(i979), as amended.
PRESENT:
Bowl es, Robert A.
Noel C. Taylor--
Council members James O. Trout, David A. Bowers, Elizabeth T.
Garland, James G. Harvey, II, Howard E. Musser and Mayor
7.
ABSENT: None ...........
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. William M. Hackworth, Assistant City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for the lease of the flow of the Muse and House Springs waters located
at the intersection of Route 116 and Garden City Boulevard, said propo-
sals to be received by the City Clerk until 1:30 p.m., on Monday,
April 20, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the one and only bid
received from Industrial Development and Investment Company, for a 15-
year lease beginning July 1, 1990; for a lease rate proposed at
$4,000.00 from 1990 to 1994; $5,000.00 from 1995 to 1999; and $6,000.00
from 2000 to 2004.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and reconm~endation to Council.
The motion was seconded by Mr. Mosser and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Ktser and William F. Clark as members of the committee.
PUBLIC I~ARINGS:
ZONING: The City Clerk having advertised a public hearing for
Monday, April 20, 1987, at 2:00 p.m., or as soon thereafter as the
matter may be heard, to consider proposed amendments to the Official
1976 Zoning Map, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, Apr11 3,
1987 and Friday, Apr11 10, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
216
A report of the City Planning Commission recommending that Council
approve the proposed changes to the Official Zoning Map which wili
enable implementation of the new Zoning Ordinance, was before the body.
The Planning Commission advised that land use will be unchanged in
that changes to the zoning map do not affect uses that are already
legally in existence due to the "grandfather" clause of the new ordi-
nance; that zoning designations will be affected and proposed rezonings
will result in changes to the designations being placed on the Officia!
Zoning Map; that neighborhoods will benefit from the proposed changes;
that economic development potential will be enhanced in several cases;
and the Comprehensive Plan would be followed.
The Planning Commission further advised that it voted on each pro-
posed rezoning and in all cases the change w~s unanimously supported;
that the changes to the Official Zoning Map will enable Council to
enact the new Zoning Ordinance, and in doing so, Council completes the
first comprehensive revision to the City's land use regulations in
twenty years; that preparation of the new zoning ordinance and map has
not been carried on in a vacuum; that the process has taken almost
three years to complete; that discussions of land use regulations,
zoning and development review procedures were a major component of the
Roanoke Vision process; and the revised zoning regulations and zoning
map represent the new community attitude towards development which
arose from the Roanoke Vision process and which recognize the need to
balance the old with the new.
A further report of the City Planning Commission advising that in
November, 1986, the Planning Commission recommended to Council the
approval of a new zoning ordinance; that Council endorsed the recommen-
dation and will be considering an ordinance that will enact the new
regulations at the present meeting; and since Council's original endor-
sement of the ordinance, the Planning Commission and staff have con-
tinued to review the text in order to correct any errors and omissions
and to clarify vague or confusing regulations, was before Council.
It was explained that during the course of several public hear-
ings, including those regarding the proposed amendments to the zoning
map, citizens' comments and ideas have resulted in several additional
changes which the Commission is recommending, specifically to the CN,
Neighborhood Commercial District; the H-2, Neighborhood Preservation
District; and the LM, Light Manufacturing District; that none of the
recommended changes will effect the overall intent of the Zoning Ordi-
nance, therefore, the Planning Commission recommends the adoption of
the proposed zoning ordinance as amended by the changes identified in a
revised draft dated April, 1987.
(For full text, see reports on file in the City Clerk's Office.)
The Mayor suggested that the public hearing be conducted within
the period of one hour and further suggested that officials repre-
senting the City Planning Commission and administration will make their
presentations within the first thirty minutes and the next one-half
hour will be used for the purpose of receiving co~ents from citizens,
with the time being divided according to the number of requests to
speak.
Mrs. Susan S. C~ode, Chairman, City Planning Commission, appeared
before Council and advised that the Zoning Ordinance and map are aimed
at protecting the investment people have made in the City through their
homes and businesses. She stated that the comprehensive rezoning pro-
cess is a result of a problem with the present ordinance which is over
twenty years old; advising that the present ordinance is a confusing
and often vague and contradictory document which is a road block to
revitalization and stabilization of the neighborhoods, making innova-
tive development difficult and permitting commercial uses to eat away
industrial land and residential neighborhoods. She said it is essen-
tial that Council act on the rezonings in a timely manner so that the
ordinance which Council approved in December may take effect.
Mrs. Goode explained the process followed to this point:
October 1984
Citizens conduct land use sur-
vey
Apri 1 1985
Comprehensive P1 an /klvi sory
Committee of 15 persons formed
July 1985 City-wide forum held - 200
people in attendance
September, October, Workshops
November 1985 Vi sion
held on Roanoke
September 1985
through
September 1986
Ordinance Review Committee met
to review draft zoning ordinan-
ces
April 1986
Public hearing and adoption of
Roanoke Vt si'o~ ..... ~6~prehensi ve
Plan
October 15 and
November 5, 1986
P1 anning Commission public
hearings on zoning Ordinance
December 1986
Public hearing and approval of
zoning ordinance by City Coun-
cil
March 1987
Planning Commission
hearing on zoning map
public
217
Next Steps
Immediately
Planning Commission will com-
mence a regular review process
of the zoning ordinance and
zoning map. This will help
identi fy and el imtnate any
unforeseen problems wi th the
zoning ordinance. This process
will be ongoing.
September 1987
Neighborhood Planning program
initiated in six neighborhoods.
Program will provide for a more
detailed review of zoning and
land use issues.
It was explained that there are two types of zoning changes being
considered by Council; that the first is to eliminate "old wood", which
are old zones that have served no benefit, which are now contrary to
the City's development policies and the zoning ordinance has elimina-
ted; that this is an essential first step in enacting the new zoning
ordinance; and in most cases, the proposed replacement zone has a posi-
tive economic impact, due primarily to the increased development poten-
tial (either greater number of uses, uses more likely to be developed,
or more invittng development standards).
It was further explained that the second proposal includes zoning
changes identified in the Roanoke Vision Comprehensive Plan; that these
are Neighborhood Preservation (H-2) District and the Neighborhood Com-
mercial (CN) District; and both changes are specifically identified in
the Vision although less Is betng rezonlng (in terms of areas of th6
City that are zoned H-2 or CN) than the Vtslon ultimately calls for,
In concluding, Mrs. Goode advised that there are new ideas in the
ordinance; that the Commission recognizes that problems may arise with
the transition from old to new and will work to monitor, review and
correct those parts of the ordinance that may need adjustment; that the
218
Con~i ssi on is convinced, having reviewed the proposed ordinance for
over a year, and after public hearings on the ordinance and map, that
the vast majority of citizens support the new ordinance; that the
Commission has continued to respond to citizen concerns to the last
minute, and, in fact, altered its recommended map changes to eliminate
those areas where there was obvious citizen concern and misunderstan-
ding; and the Commission strongly supports all of the rezonings before
Council and urges Council to adopt the changes so that the new ordi-
nance may take effect, and the City will no longer be in limbo between
the old and the new ordinances.
Mr. John E. Merrithew, City Planner, reviewed specific areas of
the proposed new zoning Ordinance.
Mr. Larry L. Fenzel, 419 Elm Avenue, S. W., appeared before Coun-
cil in reference to the H-2, Neighborhood Preservation D~strict,
advising that he is speaking on behalf of himself, homeowners,
investors, developers and contractors who own property and work in the
proposed area. He referred to a petition which was signed by 31 pro-
perty owners requesting that Council make certain boundary changes in
the map; that Council consider recomposition of the Architectural
Review Board, that penalty provisions for slow responses in the review
process be enacted, and that there be a provision included in the demo-
lition offer to sell section of the code which would permit a building
to be sold separate from the land. He said he does not feel these pro-
visions are adequately addressed by the H-2 designation.
Mr. Fenzel advised that of the 31 property owners who signed the
petition, eight reside in the H-2 area, twelve-have offices in the area
and ten earn a portion or a primary portion of their livelihood from
renovation and/or rentals, and those persons who signed the petition
own 135 pieces of property with a value of approximately $6.8 million.
He said as a group they have led the w~y in redevelopment projects and
in dollars and time expended to bring about neighborhood revitaliza-
tion; that they care about this part of the City and they have a
substantial financial investment at stake, advising that each member of
the group would like to see property values enhanced.
Mr. Fenzel explained that the first item of the petition is a
request that the H-2 map be changed, advising that the Mountainview
Neighborhood group would like to add more area, that many in the group
would like to delete certain areas, that some wish to add other areas,
and certain individuals will express their opinion on the issue. He
said there is a lack of definitive agreement on the area, and requested
that Council delay implementation of the H-2 zoning until the matter
can be more adequately studied, taking into account the diversity of
opinion which has come forth as a result of the public hearings.
Secondly, he advised that the group, upon reviewing the composition of
the Architectural Review Board, discovered that the Board is composed
primarily of planners, architects and engineers, and some members of
the Board may have limited development or redevelopment experience, but
no member has daily hands on experience in this field. He said since
the group he represents has contributed to the largest source of rede-
velopment projects and since this aspect of the review process is not
currently represented on the Architectural Review Board, it is
requested that Council reconstitute the Board as follows:
one contractor specializing in redevelopment,
one business owner from this area, and
one investor and/or realtor active in this area.
Thirdly, Mr. Fenzel said the petitioners believe it is imperative
that a penalty provision be incorporated for slow representation on the
part of the Architectural Review Board. As an example, he advised that
when the group initially met with Mr. Merrithew they w~re told that the
ordinance required a thirty day response by the Board, that upon closer
examination of the text, it did not read in that manner, and they asked
the City Planning Commission at its public hearing to insert a penalty
provision and the Planning Commission rebuked the request; that after
the meeting the City Attorney recommended a change in wording basically
219
agreeing with their contention that the wording was indeed deficient,
noting that the wording under Section 36-642 is now acceptable. He
said delay costs investors and developers money and it is imperative
that the City Government be held accountable.
Mr. Fenzel stated that the demolition offer to sell proposal
should provide for the sale of a building separate from the sale of the
land in case a business wishes to maintain the land but get rid of the
building, which would be primarily for parking purposes. He requested
that the rezoning be rejected until the above items can be incorporated
into the H-2 overlay.
Mr. Garry C. Davis, 1310 Maple Avenue, S. W., President of Old
Southwest, inc., appeared before Council and advised that in recent
years Roanoke citizens have realized the value of the City's architec-
tural, historical and cultural resources by their efforts of rehabili-
tation and revitalization not only in the downtown area but in their
neighborhoods as well. He said this effort has been successful in
establishing community pride, improving the quality of life and
increasing property values. He added that the H-2 District is very
important to the old southwest area even though it does not include all
of the contributing structures named in the inventory of the National
Register of Historic Places.
Mr. Davis pointed out that for many years members of Old Southwest,
inc., have advocated creation of a protective mechanism because a large
part of the neighborhood's character is found in its architecture. He
said the neighborhood organization is dedicated to the preservation of
historical structures and especially dedicated to the preservation of
architectural detail that was developed during the time when most
people travelled on foot. He stated that historic preservation is
important and it is felt that quality restoration breeds more restora-
tion and one of the attractions of old southwest is the fact that many
young families are moving 'to old southwest, revitalizing homes and
sending their children to Highland Park Elementary School, noting that
this trend sustains the cultural continuity and the neighborhood iden-
tity of old southwest and raises the quality of life and the value of
property.
Mr. Davis commented that old southwest would like to see the above
trend continue as restoration projects continue along Day Avenue and
Marshall Avenue. He said Elm Avenue is a good example of why H-2 is
important to the future, noting that old southwest has been subject to
development that sometimes is well intentioned but is out of scale and
character and they have been subject to certain development that
grossly underminds what they see as the cultural continuity of H=2. He
said investors who have tried to maintain architectural integrity in
old southwest are to be applauded and it is hoped to see a new harmony
grow between developers and conservationists.
Mr. Davis said a letter has been sent to developers who have
expressed reservations about the H-2 District, explaining that it is
felt the H-2 designation is an attempt to achieve preservation with
flexibility. He commented that over a year ago old southwest was
encouraged by Council's resolution urging developers to be sensitive to
the historic and architectural characteristics of old southwest and the
H-2 overlay reenforces and institutionalizes this desire. He said old
southwest is pleased that the City Planning Commission has recommended
that Council approve the H-2 District, and urged that Council do so
because through the Architectural Review Board process, the neigh-
borhood will have a voice in the matter of physical alterations of its
history, and the H-2 designation is a valuable mechanism to help con-
tinue preservation of the neighborhood's architectural integrity and
cultural continuity.
Mr. Davis advised that old southwest applauds the progressive
spirit of the City Planning Commission and staff and will applaud
Council in enacting the H-2 overlay zoning as recommended. He stated
that this turn of the century neighborhood is rich with a architectural
representation and history of a bygone era, that residents want to pre-
serve that history well into the future for the sake of all citizens of
Roanoke and for the sake of future generations to come. He urged
approval of the Neighborhood Preservation District as recommended by
the City Planning Commission.
220
Mr. Read A. Lunsford, 2305 Colonial Avenue, S. W., appeared before
Council in reference to the H-2, Neighborhood Preservation District,
with regard to demolition, advising that in the old southwest area
bounded by Jefferson Street on the east and 1-581 on the south,
Ferdinand Avenue on the west and Elm Avenue on the north, there are
eight churches or synagogues: Christ Episcopal, Beth Israel, St.
John's Episcopal, Trinity United Methodist, Highland Park Methodist,
Second Presbyterian Church, St. Mark's Lutheran and Congregational
Holiness Church. He said he firmly believes that if any one of these
churches applied for a certificate of appropriateness to demolish a
structure in order to either expand the church facility or its capacity
for parking for its congregation, the church's need to grow and expand
its ministry would be adversely affected if denied. He further stated
that if a church is not allowed to grow, services to the c(~nmunity at
large as well as its own body of members, must inevitably be dimi-
nished. He added that ultimately the church would have to relocate and
thus create a great void in this historic area of the city. He con-
tended that existing churches must receive preferentia! treatment in
their applications for demolition certificates of appropriateness for
the reason that it would adversely affect their character, surrounding
environment and public interest to deny their need to grow and provide
further service to the neighborhood and the community as a whole. He
said he would like to see postponement of the H-2 overlay district
until this question is properly addressed.
Mr. Marc A. Small, 713 1st Street, S. W., appeared before Council
and advised that it is absolutely vital to adopt H-2 and to adopt it
immediately, pointing out that there are several items Council should
consider in making this decision, one of which is the Franklin Road
widening project, noting that old southwest has worked closely with the
City and the State; and part of the reason Old Southwest, Inc., sup-
ports the project is due to the vital protection that the H-2 overlay
will provide the neighborhood after the work is completed. He said H-2
protection is absolutely vital for their continued support of the pro-
ject.
Mr. Small said H-2 enactment would protect the area from those who
would gain short term and individual profit from degrading the
character of this vital neighborhood, noting that Elm Avenue is impor-
tant for H-2 inasmuch as it is the gateway into the neighborhood and
the City. He said old southwest is a neighborhood with history and a
heart, but above all it is a neighborhood with a future. He referred
to the progress over the past ten to fifteen years, the increases in
assessed values, the dynamic development of neighborhood spirit and,
taken in total, the H-2 overlay is necessary to keep this impetus going
to insure that homes and neighborhoods are protected.
Mr. Larry W. Moore, part owner of a building located at 813
Franklin Road, S. W., appeared before Council and advised that his firm
has contributed to upgrading property in the neighborhood through the
management process, obtaining better tenants, improving structures and
getting higher rents. He said he and his partners purchased the office
and a lot next door which contains an older house with the long term
plans of tearing down the house to provide for additional parking, and
they are concerned as to whether or not they can use the lot for
parking under the H-2 designation. He added that the building they
occupy is a recycled commercial building and not an older house, and
they are of the opinion that they need more parking in order to pro-
perly develop the structure. He said the H-2 designation as currently
written is too stringent and adjustments should be made in the wording.
Mr. James M. Strickland, Jr., representing the firm of Hayes,
Seay, Mattern & Mattern, 1315 Franklin Road, S. W., appeared before
Council and advised that he is not present to either support or oppose
the proposed amendments to the zoning map, but to point out a concern
in reference to the fact that under the current zoning ordinance HSMM
was allowed the use of two parcels of property which they have owned
for ten to fifteen years under the transitional zoning use provision.
He said since the new ordinance does away with transitional zoning,
HSMM has concern that they will lose the right to use this property in
the future. He commented that the concern is, in reading the proposed
ordinance, it allows for continuation of non-conforming uses, but if
one looks at the fine print, a businessman would be reluctant to invest
and develop the property under those conditions. He stated that the
proposed ordinance has a certain negative impact on the use of their
property for l~uture growth, and requested that Council give appropriate
consideration to the matter. He suggested that Council reclassify pro-
perty at 361 Allison Avenue and 360 Walnut Avenue, S. W., to C-1 to
provide for the future growth of Hayes, Seay, Mattern & Mattern.
Mr. Louis Ellis, President, Greater Raleigh Court Civic League,
appeared before Council and advised that the civic league has supported
the neighborhood commercial zoning concept throughout its planning pro-
cess and still supports the general plan. He said they view the rela-
tionship with the Grandin Village Shopping area as being mutually
dependent and realize the importance of community development in the
area, but at the same time they realize the need to assure residents
that commercial development in the neighborhood will be prudent in
keeping with the character of the area.
Mr. Ellis said concerns have been raised with regard to parking
and other issues associated with the proposed CN rezoning, particularly
with regard to important anchor grocery and drug store properties. He
added that the civic league views a secure future for the properties as
mutually beneficial to the league and to the commercial district as
well as property owners. He explained that given the concerns which
have been raised, the Raleigh Court Civic League requests that action
on the proposed CN rezoning with respect to Grandin Village Shopping
area in Raleigh Court be delayed two months to allew further study by
the City Planning Department in an effort to resolve certain issues.
Mr. Garland referred to the situation addressed by Mr. Moore and
inquired as to the procedure in the event the adjoining lot is needed
for parking; whereupon, Mr. Merrithew advised that assuming the lot is
now zoned C-1 to permit a parking lot, Mr. Moore would have to present
a site plan of the lot and of the parking lot as proposed for construc-
tion to the Architectural Review Board for review and approval,
advising that the site plan would have to be no more or no less than
what the City ~uld normally require in its present administrative site
plan review.
With reference to the concern expressed by Mr. Strickland, Mr.
Merrithew advised that the proposed rezoning does not change any resi-
dential property to commercial or commercial property to residential;
that Mr. Strickland's situation has not changed except for Architec-
tural Review Board approval of proposed plans. Ne said if one of the
parcels is being used for commercial purposes under the old ordinance,
it is a non-conforming use and will continue as such until a rezoning
is approved and the classification is changed. He explained that in
the event the building is destroyed, Hayes, Seay, Mattern & Mattern
would have to seek a rezoning to commercial office in order to allow
the office to be reconstructed on the site, with Architectural Review
Board approval of the new design.
With reference to the situation involving the churches in old
southwest, Mr. Merrithew advised that the proposed H-2 regulations per-
mit demolition unless it is found that the demolition is a detriment to
the neighborhood for three reasons: (1) the building is significant
and important to the neighborhood or (2) the demolition would cause an
overall neighborhood problem or, (3) it would drastically change the
street scape around the church. He said the concern raised by Mr.
Lunsford would fall into the category of number three where in order to
provide for demolition, it would have to be shown that that the pro-
posed use of the lot is in compliance with the objectives of the H-2
designation; which does not mean the lot cannot be used for parking, it
simply means that the parking lot has to be designed and constructed in
a fashion that is compatible with the intent of the H-2 District, and
that it maintains the architectural and historical character of the
area which can be done through landscaping, etc. Ne said if the
Architectural Review Board finds that the parking lot is compatible and
serves a function, and parking for a church is obviously an important
function, the demolition could be approved.
221
222
ACTION:
With reference to amending the proposed ordinance to delete that
portion in which Mr. E)lis expressed concerti regarding the CN designa-
tion; the Assistant City Attorney advised that Page 4, Paragraph 7 of
the ordinance pertaining to the zoning maps, which provides for
rezoning from C-2 to CN in the Raleigh Court area could be deferred
inasmuch as the present C-2 zoning category will continue under the new
ordinance and Council would not be leaving any property in limbo if
action is deferred on this particular neighborhood.
Mr. Trout moved that the ordinance be amended to delete paragraph
7 on page 4, and that specific parcels of land )ocated in the southwest
area of the City on Memorial, Denniston, and Westover Avenues, Winborne
Street and Grandin Road be referred back to the City Planning Commis-
sion for further study, report and recommendation to Council within
sixty days in an effort to address issues raised by residents of the
area. The motion was seconded by Mrs. Bowles and adopted.
Mr. Trout moved that the followin§ ordinance, as above amended, be
placed upon its first reading:
(#28611) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by repealing Chapter 36, Zon~_~, consisting of
§§36-1 through 36-557, by repealing Article XV, .P~nning Commission, of
Chapter 2, Administration, consisting of §§2-314 through 2~232, and
enacting a new Chapter 36.1, Zoning, consisting of §§36.1-1 through
36.1-730, such Chapter being a comprehensive revision of the zoning
regulations of the City.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 156.)
The motion was seconded by Mrs. Bowles and adopted by the follow-
ing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ ---7.
NAYS: None .......... -0.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28612) AN ORDINANCE to amend the Official 1976 Zoning Map, City
of Roanoke, Virginia, and the appropriate Sectional sheet maps, as pre-
viously amended, to rezone certain property necessitated by the adop-
tion of new zoning regulations by the City of Roanoke, and to designate
certain property as an H-2, Neighborhood Preservation District.
(For full text of Ordinance, see Ordinance Book No. 50, page 157.)
The motion was seconded by Mrs. Bowles and adopted by the follow-
ing vote:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ......... 6.
NAYS: None ...........
(Council member Musser was out of the Council Chamber.)
A joint report of the City Manager and the City Attorney with
regard to a co~unication from Mr. Robert N. Richert requesting that
Council appeal the granting by the Board of Zoning Appeals of a special
exception permit to the Roanoke Valley Trouble Center, Inc., (TRUST),
to operate its facility at 404 Elm Avenue, S. W., advising that they
cannot recommend an appeal of the decision of the Board of Zoning
Appeals in the above case, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the report. The motion
was seconded by Mr. Trout and unanimously adopted.
At 3:35 p.m., the Mayor declared the meeting in recess.
At 3:50 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
223
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 23, 1987, and Monday, April 6, 1987 were before the
body. '
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor .... --6.
NAYS: None ...........
(Council member Trout was out of the Council Chamber.)
HENRY STREET REVIVAL COMMITTEE: A communication from Florine
Thornhill tendering her resignation as a member of the Henry Street
Revival Committee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ......... . ..... 6.
NAYS: None .........
(Council member Trout was out of the Council Chamber.)
BUILDING DEPARTMENT: A report of qualification of Stanley G.
Breakell as a member of the Bui]ding Maintenance Division of the City's
Board of Building Code Appeals for a term of five years ending
November 10, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Bowers, Bowies, Garland, Harvey, Musser and
Mayor Taylor ......... 6.
NAYS: None ........ -0.
{Council member Trout was out of the Council Chamber.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
224
ACTION:
BUDGET-TAXES: Mr. E. C. Warren, representing the Roanoker Restau-
rant and Immediate Past President of tile Virginia Restaurant Associa-
tion, appeared before Council and advised that again this year the City
will be faced with the decision of the meals tax, a discriminatory tax
on those who choose to or must dine out, a tax that started in 1964 in
Virginia Beach to be used entirely on promoting tourism, a tax that
many of Virginia's citizens pay locally because 65 - 70 per cent of
all restaurant meals are from local patrons.
Mr. Warren advised that trading a meals tax for a real estate tax
is simply another in a series of short term solutions, and City history
reveals other budget answers; that in 1976 it was annexation, in 1982,
it was construction of Valley View and in 1987, it is a meals tax, but
next time it will be back to raising the real estate tax which makes
this year's solution short sighted.
He noted that the tax is on the citizens and guests of the City,
but it also effects over 3500 food service employees who work in a $76
mil|ion industry; that this industry provides an all day service and
pays taxes on real estate, personal property, sewer, electricity, and
business license seven days a week, an industry which is in Roanoke and
currently paying taxes; advising that restaurants do not need an incen-
tive to come to Roanoke, they need assurance they can compete in the
Valley without a mandated price increase.
In concluding, Mr. Warren stated that the restaurant industry is
not against keeping neighborhood schools open or paving streets or
repairing City equipment, they are, however, against all broad, City-
wide programs being funded through a tax on one and only one segment of
the business community. He said they are good corporate and local
citizens and their leaders are always ready to join other business
leaders in finding ways to solve Roanoke's problems, equally; and they
do not demand special treatment, but only ask for fairness.
Mr. Trout moved that Mr. Warren's remarks be referred to 1987-88
budget study. The motion was seconded by Mrs. Bowles and unanimously
adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS-CELEBRATIONS: The City Manager submitted a
written report advising that Festival-in-the-Park, Inc., has requested
use of certain City park facilities and the barricading of certain
public streets in connection with Festival week scheduled from
May 23 - 31, 1987; that public liability and property damage insurance,
pursuant to Section 15.1-14.9 of the Code of Virginia, must be fur-
nished by organizations permitted to use the public streets; that the
amount of insurance is to be established by the governing body and the
jurisdiction is to be named as an additional insured; and, in addition,
as a matter of policy, the City requires public liability insurance for
the use of all public facilities including City parks.
It was explained that Council needs to establish the amount of
liability insurance that Festival-in-the-Park, Inc., will be asked to
provide in connection with the events; and Festival-in-the-Park, Inc.,
has offered to provide an insurance coverage with limits of liability
of $1,500,000.00, which was the amount established by Council for 1986
Festival-in-the-Park.
The City Manager recommended that Council approve insurance
coverage with limits of liability of $1,500,000.00 in connection with
Festival-in-the-Park and Festival-on-the-River events; and Festival-in-
the-Park, Inc., is to furnish the insurance and name the City of Roa-
noke as an additional insured on the policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
225
(#28613) A RESOLUTION establishing the minimum amount of public
liability and property damage insurance to be provided by Festival-in-
the-Park, Inc., for festival activities.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 153.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ............ O.
JUVENILE DETENTION HOME: The City Manager submitted a written
report in connection with roof replacement at the Juvenile Detention
Home at Coyner Springs, advising that April, 1980 was the date estab-
lished for the ten year roof guarantee to start; that at the time of
the alterations and additions, the entire facility received a new
single membrane roof; that the general contractor was Avis Construction
Company and the roofer was Valley Roofin9 Corporation; that the roof
membrane was produced by Braas Company; that the membrane was distri-
buted by The Weather-Shield Systems Corporation, who is also the
guarantor, and Roof Membrane Service Corp., who is an independent
contract service organization, acts only as a liaison for the prin-
cipals listed above.
It was explained that the Juvenile Detention Home single membrane
roof has been leaking for some time and is in need of repair or repla-
cement; that the Braas Company is the manufacturer of the single mem-
brane roofing material; that this company was taken over several years
ago by the Panasote Corporation; that the Panasote Corporation did not
assume the obligations of the Braas Company, only their distributors;
that The Weather-Shield Systems Corporation was a d~stributor of Braas
Company; that they have not been active in the distribution of roof
membranes since 1983; and this firm is operating with a limited amount
of funds in the repair of roof systems, and they are the guarantors on
the roof system for the project.
It was further explained that Roof Membrane Service Corp., the
independent contract service organization, in conjunction with the two
firms named above (or the successor) has offered to settle with the
City of Roanoke for $15,000.00 of an estimated $24,000.00 roof replace-
ment cost; and guarantee for replacement of a single membrane roof is
similar to a tire guarantee, the replacement cost by the guarantor goes
down as the time of guarantee expires.
m
It was noted that the roof guarantee states that the roof will be
"maintained in a water-tight condition at Weather-Shield's expense for
ten years from April, 1980; that in trying to correspond with Weather-
Shield, the City was referred to Roof Membrane Service Corp. who
informed the City that they had discussed the City's roof problem with
the other two firms and they agreed to offer the City the sum of
$15,000.00; and Roof Membrane Service Corp. would probably continue to
make enough effort to avoid plainly breaking the warranty.
The City Manager recommended that Council accept the offer of Roof
Membrane Service Corp. of $15,000.00 to terminate the remaining three
years of the ten year roof membrane guarantee; and appropriate
$15,000.00 to the Building Maintenance Account No. 001-052-4330-3050
and increase the Miscellaneous Revenue Estimate, Account No. 001-020-
1234-085g, by the same amount.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28614) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 154.)
226
ACTION:
Mrs. Bowles moved the adoption of= the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... .-7.
NAYS:
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance submitted the financial
report of the City of Roanoke for the month of March, 1987.
(For full text, see financial report on file in the City Clerk's
Office.)
ACTION:
Mr. Garland moved that the financial report be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
REPORTS OF COflMITTEES:
AIRPORT: A report of the Airport Mvisory Commission concurring
in a staff recmnmendation that Council approve a nine per cent increase
in rental rates and fees for users of airport facilities, with an
effective date of June 1, 1987, was before the body.
A staff report explained that commissions from other sources such
as parkin9 lot, rental car agencies, restaurant, etc., have increased
31% over the past three fiscal years due to a rise in passenger traf-
fic; that airport use agreements expire on March 31, 1987, and nego-
tiations underway concerning landing fees may also provide additional
revenue; that general aviation fees can arguably be justified to be
raised higher than the nine per cent CPI due to higher maintenance,
insurance, utility costs and market trends; and justification for a
lower amount of increase deals with depreciated structure and at least
three to five years before substantial improvements are planned under
the master plan.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28615) AN ORDINANCE revising rents and fees for use of Roanoke
Regional Airport, Woodrum Field, and establishing an effective date
therefor.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 170.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
N~YS: None ........ -0.
AIRPORT: A report of the Airport Mvisory Commission concurring
in a staff recommendation that Council approve extending airline use
agreements for a term of three years with a nine per cent increase in
rentals and fees, to be retroactive to April 1, 1987 was before the
body. ,
A staff report explained that the proposed airport use agreement
for rental rates, landing fees and space allocation has been negotiated
between the City and airline representatives, and is as follows:
m
ACTION:
Rental rates for terminal space per month.
Space
Old Rate
New Rate
Departure Lounges
Baggage Room
Counter & Office
Offices (2nd Level)
Storage
Fuel Farm
P.A. System
Offices, Bldg. !
10.58 per sq. ft.
10.08 per sq. ft.
8.79 per sq. ft.
10.66 per sq. ft.
3.99 per sq. ft.
132.99
25.00 per station
11.53 per sq. ft.
10.99 per sq. ft.
9.58 per sq. ft.
11.62 per sq. ft.
4.35 per sq. ft.
144.96 Same
6.00 per sq. ft.
Landing fee:
weight.
$.499 per 1,000 pounds certificated landing
Space allocation: During term of the agreement, either part
may request a meeting with the other for the purpose of
discussing airline's utilization of space and the possible
reallocation of that space to other parties. Airline will
not be obligated Lo return space that would cause disruption
to the manner in which airline does business at the airport.
It was explained that the agreement will be extended for up to a
maximum 36 month period ending not later than March 31, 1990, with a
nine per cent increase in rates subject to adjustment after 24 months
if desired by either party by giving the other 30 days written notice
of intent to negotiate rates, or term will end prior to March 31, 1990
if one of the following occur: '
Sixty calendar days beyond the date of substantial
completion of the new airport terminal building
project, as said date is determined by the City's
engineer for the project and assuming the airline
use space would be eligible for occupancy and
operation within that 60 day period with reasonable
effort by the airline.
Date of issuance of a certificate of occupancy for
the airline use space.
It was further explained that the agreement extension will also
provide for airline space adjustment for cause.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28616) AN ORDINANCE authorizing the execution of amendments to
Airport Use Agreements for air carriers at the Roanoke Regional Air-
port, Woodrum Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 174.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowies, Garland, ~rvey,
Musser and Mayor Taylor ....... .-7.
NAYS: None ........
AIRPORT: A report of the Airport Advisory Commission concurring
in a staff recommendation that Council approve a lease agreement with
the Federal Aviation Administration for installation of a new MALSR
system for Runway 33, was before the body.
227
228
A staff report explained that Runway 5 has 3,000 feet MALSR that
has been operating approximately five years; that the FAA could void
existing waiver on ALSF-1 and eliminate instrument approach status for
Runway 33, which action would limit aircraft IFR operations; that
lighting specialists in the FAA ~rways Facilities Division, Electrical
Engineering Branch, assure that the lower watt lamps used in 14ALSR
systems provide equivalent discernibility with higher watt lamps used
in ALSF-1 systems; that shopping mall lighting has not been reported as
a problem by pilots, and the FAA is confident that the new h~LSR will
not be affected by the lights of the mall or Williamson Road.
It was further explained that compliance with the FAA new standard
system, which is one of two approved designs, is to satisfy operational
requirements for airports on a national basis; that non-compliance
could jeopardize federal funding for the proposed new terminal building
and other capital projects defined in the Airport Master Plan for the
airport; that the FAA has agreed, as previously reported, to maintain
the 3,000 foot length of light lane which is 600 feet more than the
standard 2,400 foot MALSR system; that installation of the new system
will require approximately five months; that lead time to begin con-
struction after approval by the City is estimated to take a minimum of
three months; that the approach light system for Runway 33 will be out
of service for approximately two months during conversion; and the
minimums for Runway 33 will be increased one-half mile during instru-
ment operations.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28617) AN ORDINANCE authorizing the execution of a lease
agreement with the United States Department of Transportation, Federal
Aviation Administration, providing for modification of the Approach
Lighting System serving Runway 33 at the Roanoke Regional Airport
Woodrum Field. '
(For full text of Ordinance, see Ordinance Book No. 50, page 174.)
The motion was seconded by Mr. Garland and adopted by the follow-
lng vote:
AYES: Council members Trout, Bowers, Bowles, Garland, I~rvey,
Musser and Mayor Taylor ......... .---7.
NAYS: None .........
EMERGENCY SERVICES: Council member Robert A. Garland, Chairman of
a committee appointed by the I~yor to tabulate bids received for E-911
communications, alterations and additions to the Municipal Building,
presented a written report on behalf of the committee recommending that
Council authorize the City Manager to enter into a contractual agree-
ment with Construction Services of Roanoke, Inc., to construct the
E-911 alterations and additions, in accordance with contract documents
as prepared by the City Engineer's Office, in the amount of $117,828.00
and 85 consecutive calendar days. The con~nittee further recommended
that the Director of Finance be authorized to establish a project
account, in the amount of $127,000.00, which includes a project con-
tingency amount of $9,172.00.
A report of the City Manager concurring in the recommendation of
the committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28618) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for construction of alterations and additions to the
Municipal Building to accommodate E-911 con~munications equipment, upon
certain terms and conditions, and awarding a contract therefor; autho-
rizing the proper City officials to execute the requisite contract for
such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 155.)
229
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion ~as
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................ 7.
NAYS: None .................
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28600 permanently vacating,
discontinuing and closing an alley extending through Block 17, Map of
Lilly View /~ddition, between Light Street and Tuck Street, N. E.; and a
portion of Purcell Avenue, N. E., between Light Street and Tuck Street,
N. E.; and certain lots in Block 17 and Block 11, Map of Lilly View
Addition, having previously been before the Council for ils first
reading on Monday, April 13, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28600) AN O~DINANCE vacating certain portions of the plat of
the Lilly View /kldition subdivision, including certain public right-of-
way therein, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 148.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor. 7.
NAYS: None .......... O.
ZONING: Ordinance No. 28601 rezonin9 a certain tract of land
lying at the southwest corner of the intersection of Liberty Road and
Forest Hill Avenue, N. W., designated as Official Tax Nos. 2060631 and
2060632, from C-1, Office and Institutional District, to C-2, General
Commercial District, subject to certain proffered conditions, having
previously been before the Council for its first reading on Monday,
April 13, 1987, read and adopted on its first reading and laid over,
was again before the body, Mr. Musser offerin9 the followin9 for its
second reading and final adoption:
(#28601) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property ~thin the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 150.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland,
Musser and Mayor Taylor .................................
NAYS: None ....
Harvey,
7.
O.
ZONING: Ordinance No. 28602 rezoning a certain tract of land,
being a portion of Lot 2, Hemlock Hills Subdivision, located at 4415
North Road, N. W., designated as Official Tax No. 6380304, from RS-3,
Single Family Residential District, to C-2, General Con,mercia1
District, subject to certain proffered conditions, having previously
been before the Council for ils first readin9 .on Monday, April 13,
1987, read and adopted on its first reading and laid over, was again
before the body, Mr. Garland offering the following for its second
reading and final adoption:
230
(#28602) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 151.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, ~rvey,
Musser and Mayor Taylor .............................. 7.
NAYS: None ............
O.
ZONING: Ordinance No. 28603 rezoning a tract of land containing
12.37 acres, located on the westerly side of Grandin Road Extension,
south of Airview Road, S. W., designated as a portion of Official Tax
Nos. 5090204 and 5090203, which property was previously rezoned from
RS-l, Single Family Residential District, to RG-1, General Residential
District, subject to certain proffered conditions, and repealing Ordi-
nance No. 28385, having previously been before the Council for its
first reading on Monday, April 13, 1987, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#28603) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 509, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant; and to repeal
Ordinance No. 28385.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 152.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... --7.
NAYS: None .......
Om
INDUSTRIES: Ordinance No. 28606 authorizing a right of entry onto
certain City property within the Roanoke Centre for Industry and Tech-
nology to Advance Stores Company, Incorporated, in order to permit the
construction of a distribution and warehouse facility for Advance Auto,
having previously been before the Council for its first reading on
Monday, April 13, 1987, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28606) AN ORDINANCE authorizing a right of entry onto certain
City property within the Roanoke Centre for Industry and Technology to
Advance Stores Company, Incorporated, in order to permit the construc-
tion of a facility thereon.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 153.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None .......
-0.
COUNCIL: Mr. Harvey offered the following resolution establishing
a special meeting of Council on Tuesday, April 28, 1987, at /:30 p.m.,
in the Coliseum of the Roanoke Civic Center, for the purpose of holding
a public hearing to receive citizen comments with respect to the City
Manager's recommended budget for Fiscal Year 1987-88:
ACTION:
(#28619) A RESOLUTION establishing the date of a Special Meeting
of the Council of the City of Roanoke.
(For ful! text of Resolution, see Resolution Book No. 50, page 155.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........
NAYS: None ...........................
MOTIONS AND MISCELLANEOUS BUSINESS:
NONE.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
O,
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 4:10 p.m.
APPROVED
ATTEST: P~d~
City C1 erk
231
Mayor
232
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 27, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 21, 198/, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'('1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ....... _ ............. 7.
ABSENT: None-
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the ~U~St~tesm-.qf ~a
was led by Mayor Taylor.
·
The Mayor advised that he had the privilege of attending a presen-
tation at the Sewage Treatment Plant on Tuesday, April 21, 1987, in
which he accepted the Operations and Maintenance Excellence Award on
behalf of the City from the U. S. Environmental Protection Agency in
recognition of the 1985 flood recovery effort.
BID OPENINGS:
SEWERS AND STORM DRAINS: A matter with regard to the opening of
bids for construction of the Park Lane, S. W., Sewage Lift Station and
Force Main having previously been placed on the agenda, the Mayor
advised that the administration has requested that the matter be
carried over until the regular meeting of Council on Monday, May 11,
1987, at 7:30 p.m.
ACTION: Mr. Garland moved that Council concur in the request. The motion
was seconded by Mr. Harvey and unanimously adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. I~ called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and that item C-3 regarding a communication from
Council member David A. Bowers in connection with certain information
from the City Manager and Director of Finance on the 1987-88 fiscal
year budget, will be removed from the Consent Agenda and considered
separately.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 {al (1), Code of Virginia (lg50),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
233
ACTION:
Mr. Trout moved that Council concur in the request of the l~ayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, c~mnissions and c~nmittees
appointed by Council, pursuant to Section 2.1-344 (a) (I), Code of
Virginia (1950), as amended. The motion w~s seconded by Mr. Bowers and
adopted by the fol lowing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, t~Jsser,
Trout and Mayor Taylor ........ 7.
NAYS: None .......................
RADIO-TELEVISION: A communication from B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
mary of Cox Cable Roanoke's status as of March 31, 1987, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the co~nunication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Masser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None .............. O.
BUDGET-CITY EMPLOYEES: Copy of a communication from Council
member David A. Bowers addressed to the City Attorney advising that he
has received letters from school students in the Roanoke City School
system commenting on the upcoming City budget; that he does not find
their letters or comments to be offensive but what concerns him is that
the letters were sent in envelopes wi th "Crystal Spring School"
engraved on the outside; and he objects to the use of City property and
perhaps postage being used to lobby Council members, and it is not
appropriate to use taxpayers' funds to lobby for increases in future
expenditures, was before Council.
Mr. Bowers further advised that he has received an unconfirmed
report that an employee of the School Board, in the Central Administra-
tion Office, has been spending several hours during tile day, while at
work, using City telephones to encourage citizens to come out to the
public hearing on Tuesday, April 27, 1987, advising that he has no
objection to hearing public comment on the budget, however, he is
objecting to the use of taxpayers' funds, i.e.: employees' time and
use of City property, in lobbying for certain aspects of the upcoming
budget. He requested the legal opinion and guidance of the City
Attorney on the above matters.
(For full text, see communication on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ..................................................... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS:
NONE.
SCHOOLS-BUDGET: A communication from the Roanoke City School
Board requesting appropriation of $105,892.00 for the Alternative
Education Program for 1987, and $3,000.00 for the Chess Program; and
transfer of $19,538.00 for roof repairs at Fallon Park Elementary
School, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
234
ACTION:
The Director of Finance requested that the matter be carried over
for two weeks; whereupon Mr. Harvey moved that action on tl~e request be
deferred until the regular meeting of Council on Monday, Hay 11, 1987,
at 7:30 p.m. The motion was seconded by Mr. Trout and unanimously
adopted.
REPORTS OF 06FICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CLEAN VALLEY COMMITTEE: The City Manager submitted a written
report advising that the Clean Valley Committee was originated by the
governments in the Roanoke Valley to coordinate a valley-wide litter
control program; that all grants to these localities are received by
each locality and then transferred to the committee for that purpose;
and the total of all five grants is as follows:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$ 8,101.00
7,O34.00
3,038.00
1,635.00
3,941.00
Total $ 23,749.00
It was explained that the Clean Valley Committee generally submits
a cooperative grant application for the five localities; and the
Department of Waste t~nagement, Division of Litter Control and
Recycling, requires a resolution from each locality designating the
Clean Valley Committee as recipient of the funds for the year beginning
July 1, 1987.
ACTION:
The City Manager recommended that Council designate the Clean
Valley Committee as recipient of the Division of Litter Control and
Recycling grant for the year beginning July 1, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28620) A RESOLUTION designating the Clean Valley Committee,
Inc., to develop a coordinated litter control program for the entire
Roanoke Valley and authorizing such Committee to apply for certain
grant funds from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 50, page 175.)
Mrs. Bowles moved the adoption of the Resolution. The motion ~s
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... .-7.
NAYS: None .........
REPORTS OF COMMITTEES:
STREET NAMES: A report of the City Planning Commission with
regard to renaming the Kimball Avenue/Hollins Road, N. E., Thoroughfare
and the Hollins Road/Read Road, N. E., Thoroughfare, advising that both
thoroughfares extend in a northerly direction from the U. S. Route 460
East area; that the thoroughfares are situated in close proximity to
each other and are both currently designated by dual or multiple street
names; that the street systems are distinctly separate thoroughfares
yet both are currently designated and signed in part as Hollins Road,
N. E.; and portions of both thoroughfares were renamed a number of
years ago to coincide with a new road link that w~s proposed at the
time to connect the parallel thoroughfares, and the road connector is
no longer proposed.
235
It was explained that the Public Works Director recently requested
that the Planning Commission review the subject street name systems to
determine if the multiple names could be consolidated and simplified by
the designation of single and continuous street names; that the City
Ordinances and Names Subcommittee reviewed the existing street name
systems and detemined that one single street name should be designated
for each of the subject thoroughfares; that the subcommittee concluded
that Kimball Avenue/Hollins Road, N. E., street system within the City
and the Roanoke County road system designated as Plantation Road,
N. E., were all one continuous thoroughfare from U. S. Route 460 East
to Interstate 81; and the subcommittee also concluded that the original
street name of Hollins Road, N. E., should be retained and extended
northward to establish a single street name to replace the existing
multiple names of Hollins/Read Roads, N. E.
The Planning Commission noted that letters were mailed to a number
of business concerns situated on both thoroughfares to explain the need
for the subcommittee's reco~nended street name changes and to solicit a
sampling of general comments, opinions and suggestions from the resi-
dents; that responses received from a number of businesses in the areas
were supportive and favorable; and the subcommittee's rect~mendation to
rename the streets was reviewed by the Planning Commission at its regu-
lar meeting on April 1, 1987.
The City Planning Commission recommended that the following street
name systems be officially changed to the following:
That the current street system designated as Kim-
ball Avenue/Hollins Road, N. E., be changed to
Plantation Road, N. E., from U. S. Route 460 north-
ward to the City's north corporate limits.
That the current street system designated as Hol-
lins Road/Read Road, N. E., be changed to the
single name of Hollins Road, N. E., by extending
the name Hollins Road, N. E., in a northerly direc-
tion to its intersection with the above recommended
Plantation Road, N. E., and thereby eliminating the
name Read Road, N. E.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
"AN O~DINANCE renaming Kimball Avenue, N. E., and
Hollins Road, N. E., between U. S. Route 460 East,
as they extend in a northerly direction to the
City's corporate limits, as Plantation Road, N. E."
The motion was seconded by Mrs. Bowles.
ACTION:
There was discussion with regard to notifying residents of pro-
posed street name changes; whereupon, the Mayor suggested that in the
future concern should be shown to not only businesses but residents as
well, and requested that the administration consider establishing a
policy of holding at least one public hearing at a location in the
immediate community to which citizens would receive written notifica-
tion inviting their attendance and input, and further requested that
Council refer the matter to the City Manager for study, report and
recommendation regarding a policy for renaming of City streets in the
future.
Mr. Harvey offered a substitute motion that Council delay action
on the recommendation until affected residents of the areas have been
notified; and that the City Manager be requested to recommend a policy
to Council regarding the future renaming of City streets. The motion
was seconded by Mr. Trout and unanimously adopted.
236
ACTION:
ACTION:
STREET NAMES: A report of the City Planning Commission advising
that Pinevale Road, S. W., is located in the Mudlick Road area of
southwest Roanoke; that Mr. and Mrs. John )4. Cassell, 3341 Pinevale
Road, S. W., are the only residents situated directly on Pinevale Road,
and a letter written to the Planning Commission by Mr. and Mrs. Cassell
expresses their concern with mail delivery problems caused by the
existence and proximity of another street with the same street name,
was before Council.
It was explained that the street name, Pinevale Road, is a dupli-
cation of an existing Roanoke County street name that is located within
a three mile area of the subject City street currently named Pinevale
Road, S. W.; that Mr. Cassell has requested that the existing City
street name Pinevale Road be changed to Hidden Oak Road, S. W.; that
Roanoke Valley maps list no other street name similar to this requested
name; and the Ordinances and Names Subcommittee concluded that the name
Pinevale Road, S. W., was a duplication of a Roanoke County street name
and should be changed for clarity and also concluded that the name
suggested by Mr. and Mrs. Cassell is a reasonable change and not in
conflict with any other valley street name.
The Planning Commission reco~wnended that the existing City street
name, Pinevale Road, S. W., be changed to the new name of Hidden Oak
Road, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28621) AN ORDINANCE renaming Pinevale Road, S. W., as Hidden
Oak Road, S. W.
(For full text of Ordinance, see Ordinance Book No. 50, page 176.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... .__. -7.
NAYS: None O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28611 amending the Code of the City of
Roanoke (1979), as amended, by repealing Chapter 36, Zoning, consisting
of §§36-1 through 36-557, by repealing Article XV, Planning Commission,
of Chapter 2, Administration, consisting of §§2-314 through 2-232, and
enacting a new Chapter 36.1, Zoning, consisting of §§36.1-1 through
36.1-730, such Chapter being a comprehensive revision of the zoning
regulations of the City, having previously been before the Council for
its first reading on Monday, April 20, 1987, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#28611) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by repealing Chapter 36, Zon__~, consisting of
§§36-1 through 36-557, by repealing Article XV, Planning Commission, of
Chapter 2, ~dministration, consisting of §§2-314 through 2-232, and
enacting a new Chapter 36.1, Zoning, consisting of §§36.1-1 through
36.1-730, such Chapter being a comprehensive revision of the zoning
regulations of the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 156.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................................... 7.
237
NAYS: None ..................................
ACTION:
ZONING: Ordinance No. 28612 amending the Official 1976 Zoning
Map, City of Roanoke, Virginia, and the appropriate Sectional sheet
maps, as previously amended, to rezone certain property necessitated by
the adoption of new zoning regulations by the City of Roanoke, and to
designate certain property as an H-2, ,Neighborhood Preservation Dis-
trict, having previously been before the Council for its first reading
on Monday, April 20, 1987, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#28612) AN ORDINANCE to amend the Official 1976 Zoning Map, City
of Roanoke, Virginia, and the appropriate Sectional sheet maps, as pre-
viously amended, to rezone certain property necessitated by the adop-
tion of new zoning regulations by the City of Roanoke, and to designate
certain property as an H-2, Neighborhood Preservation District.
(For full text of Ordinance, see Ordinance Book No. 50, page 157.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, ~sser,
Trout and Mayor Taylor .... ---7.
NAYS: None ..........
.0.
m
AIRPORT: Ordinance No. 28615 revising rents and fees for use of
Roanoke Regional Airport, Woodrum Field, and establishing an effective
date therefor, having previously been before the Council for its first
reading on Monday, April 20, 1987, read and adopted on its first
reading and ]aid over, was again before the body, Mr. Harvey offering
the following for its second reading and final adoption:
(#28615) AN ORDINANCE revising rents and fees for use of Roanoke
Regional Airport, Woodrum Field, and establishing an effective date
therefor.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 170.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. 7.
m
ACTION:
NAYS: None .......
AIRPORT: Ordinance No. 28616 authorizing the execution of amend-
ments to Airport Use Agreements for air carriers at the Roanoke
Regional Airport, Woodrum Field, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, April 20, 1987, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the following for
its second reading and final adoption:
(#28616) AN ORDINANCE authorizing the execution of amendments to
Airport Use Agreements for air carriers at the Roanoke Regional
Airport, Woodrum Field, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 174o)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None .0.
238
ACTION:
AIRPORT: Ordinance No. 2861/ authorizing the execution of a lease
agreement with the United States Department of Transportation, Federal
Aviation Administration, providing for modification of the Approach
Lighting System serving Runway 33 at the Roanoke Regional Airport,
Woodrum Field, having previously been before the Council for its first
reading on Monday, April 20, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28617) AN ORDINANCE authorizing the execution of a lease
agreement with the United States Department of Transportation, Federal
Aviation Administration, providing for modification of the Approach
Lighting System serving Runway 33 at the Roanoke Regional Airport,
Woodrum Field.
(For full text of Ordinance, see Ordinance Book No. 50, page 174.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET: A communication from Council member David A. Bowers
requesting the following information from the City Manager and the
Director of Finance prior to convening 1987-88 budget study sessions,
was before Council.
m'l.
The proposed basic budget has listed cuts
totalling approximately .5 percent. I would
like for the Administration to provide us
with a list of cuts totalling I per cent of
the budget, 1.5 per cent and 2 per cent. I
would not like to have any cuts in the Police
Department or Fire Department budgets. I hope
that the Administration will accept this
request in the sincere spirit it is given, and
that the Administration would not "Johnsonize"
the cuts to dramatize the most controversial.
Just like Proudfoot went through Norfolk and
Western Railroad many years ago to cut unne-
cessary expenses, so to it is important that
our own Administration carefully scrutinize
their own operations to see what areas can be
cut. As I stated above, cutting only .5 per-
cent out of government operations over three
years is not an entirely commendable result.
0
This year we have been told that the Admini-
stration may have to reduce expenditures by
1.4 million dollars to balance this year's
budget. I would like to ask the Administra-
tion to provide us with a line by line state-
ment identifying the items being withheld from
expenditures under this year's budget.
I have asked for the last two years for infor-
mation on City contributions to Regional
Agencies. Although I believe the City has
been paying more than its fair share, I am
still convinced that the contributions of
other local governments have been minuscule in
this regard. I would respectfully request
that the Administration update the information
provided to us in this regard over the last
two years and provide us some insight into the
239
contributions bein9 made by other local
governments. We've heard a lot over the last
year about the "magnet affect" of the City of
Roanoke in that we attract, and usually pro-
vide for the underprivileged, poor and needy
of all kinds. We must begin to convince our
neighbors in the suburbs of their moral obli-
gation to help the City of Roanoke in pro-
viding for those who are underprivileged and
live here in the Greater Roanoke area.
m
Finally in a recent article about the consoli-
dated governments in Nashville and Davidson
County, Tennessee, The Roanoke Times reported
that 10 per cent 6f Administrative expenses
had been saved by government merger. I've
noticed in the newspaper over recent days that
Roanoke County is al so suffering budgetary
problems just like our City. Why not have the
City and County work together to save the tax-
payers money for a change? ! would ask that
the Administration set out a list of budgetary
priorities and a timetable by which we can
meet with our neighbors to try to cut Admini-
strative expenses.
Over the last several days ! have had an
opportunity to review our school budget pro-
posed by Dr. Tota and the School Board. Like
my colleagues, Mr. Musser and Mr. Harvey, !
have found the school budget to be perplexing.
! am not entirely convinced that tile School
Board rendered a full examination of the
budget at their level. At any rate, ! believe
that it may be necessary to once again cate-
gorize the school budget appropriations and
therefore, would ask our expert financial
officers and budget team in the City Admini-
stration to carefully scrutinize the School
Board budget to see whether there are any
additional cuts that might be made with regard
to Roanoke City Schools. Just as our Presi-
dent must learn to provide for the national
defense while at the same time balancing the
federal budget, so too is it important that we
provide an excellent education for our stu-
dents while living within our budgetary means
here in the City of Roanoke."
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written response to the com-
munication, advising that based upon an earlier conversation with Mr.
Bowers he has prepared two lists; viz: General Fund (City Administra-
tion) Expenditure Budget, Less Items Considered Mandated, Health,
Safety and Welfare; and General Fund (City Administration) Expenditure
Budget, Less Items Not Considered Mandated, ~alth, Safety and Welfare.
Mr. Herbert expresse--~--concern that he would be required to make a line
item review o1: the School Board's budget, and asked that the request be
referred by Council directly to the School Board with a deadline in
which to respond.
(For full text, see report and exhibits on file in the City Clerk's
Office.)
Mr. Bowers requested that the five points enumerated in his com-
munication be altered as fo]lows:
The City Manager is requested to provide a
recommended expenditure reduction list of
1.0%, 1.5% and 2% of certain City programs
relative to the discretionary non-mandated
portion of the 1987-88 fiscal year budget.
240
ACTION:
ACTION:
ACTION:
The City Manager is requested to review
programs that have lapsed during the current
fiscal year and provide Council with a line by
line itemization.
The City Manager is requested to provide
updated figures as to the amount of funds the
City appropriates to regional agencies which
benefit citizens of the entire Roanoke Valley.
The City Manager is requested to meet with
Roanoke Valley governmental leaders on a spe-
cific timetable and with specific budgetary
items listed, in an effort to determine if
there are areas in which the City of Roanoke,
City of Salem, Roanoke County and other area
governments may cooperate to save taxpayers'
money.
The Roanoke City School Board is requested to
review its 1987-88 fiscal year budget to
determine if additional reductions may be made
and provide said information to the members of
Council prior to a joint meeting of Council
and the School Board on Tuesday, May 5, 1987,
at 9:00 a.m,
Mr. Bowers moved that his communication, with the above altera-
tions, be referred to the City Manager, Director of Finance and 1987-88
budget study, along with the two qualifications reflected in the City
Manager's report and exhibits under date of April 24, 1987, and that
the School Board be requested to furnish the fo]]owing information to
Council prior to May 5, 1987:
The City Manager's recommended budget for the
Roanoke City Schools provides $1,240,981.00 in
additional local funds. This is a $288,000.00
reduction in the School Board's adopted budget
as presented to City Council. Specifically,
where will these reductions be made?
Council has requested that the City Manager
provide a recommended expenditure reduction
list of 1.0%, 1.5% and 2% of certain City
programs. Council also requested that the
School Board provide additional specific
expenditure reductions of:
(al $ 534,513.00 1% of recommended funding
(b) 801,769.00 1.5% of recommended funding
(c) 1,069,026.00 2.0% of recommended funding
The School Board was requested to state specifically where each of
the above reductions will be made.
The motion was seconded by Mr. Garland.
With reference to the school budget, Mr. Trout advised that when
citizens are willing to serve and give their time and expertise to con]-
pile a budget, the document should be accepted if it is in keeping with
the City Manager's recommended allocation to the School Board, and he
has heard nothing from the City /klministration to indicate that it is
in disagreement with the School Board. He said the best time to
address the school budget is when Council meets with the School Board
on Tuesday, May 5, 1987, at 9:00 a.m.
Mr. Trout offered a substitute motion that number five contained
in Mr. Bowers' communication with reference to the budget of the School
Board be deleted.
The Mayor called for a second to the substitute motion and there
being none, he declared the substitute motion lost.
ACT[ON:
The original motion offered by Mr. Bowers and seconded by Mr.
Garland was unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
241
At 3:15 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and al) members of the Council in attendance.
YOUTH: The t,~yor advised that there is a vacancy on the Youth
Services Citizen Board, created by the resignation of Sara P. Holland,
for a term ending May 31, 1989, and called for nominations to fill the
vacancy.
ACT[ON:
Mr. Harvey placed in nomination the name of Corinne B. Gott.
There being no further nominations, Ms. Gott was elected as a
member of the Youth Services Citizen Board, for a term endin9 May 31,
1989, by the following vote:
FOR MS. GOTT: Council members Bowers, Bowies, Garland, Harvey,
Musser, Trout and Mayor Taylor ......... -7.
There being no further business, the Mayor declared the meeting
adjourned at 4:20 p.m.
ATTEST:
City C1 erk
APPROVED
Mayor
242
SPECIAL SESSION
.ROANOKE CITY COUNCIL
April 28, 1987
7:30 p.m.
The Council of the City of Roanoke met in special session in the
Roanoke Civic Center Coliseum, 710 Williamson Road, N. E., City of Roanoke, on
Tuesday, April 28~ 1987, at 7:30 p.m., pursuant to Section 10, Meetings of
Council, of the Roanoke City Charter, and pursuant to Resolution No. 28619,
adopted by the Council on Monday, April 20, 1987, with Mayor Noel C. Taylor pre-
siding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Gar)and, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ......... . ........... 7.
ABSENT: None ........
O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms
Mary F. Parker, City Clerk. '
The invocation was delivered by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor welcomed everyone to the meeting and expressed appre-
ciation for the interest of citizens in the ~ pz-og~qss and deve-
lopment of the City of Roanoke. On behalf' COuncil', r ceded b._~
lished certain ground rules in order that the meeting will p
an orderly manner. He advised that there are two tables at the front
of the Coliseum where staff members will register those persons who
wish to address Council; that three microphones have been set up for
speakers and a microphone is available for handicapped persons who wish
to speak; and he will call the names of three persons in sequence which
will save time as persons make their way to the microphones. He
suggested that each person be allowed up to five minutes to speak; that
the City Clerk has been requested to keep the time, and when the bell
rings at the end of the five minute period, he would like for the
speaker to bring his or her presentation to a close. He asked that the
most important part of the presentation be given first and that all
persons with written remarks be requested to leave a copy with the City
Clerk. He requested that persons not give their five minutes to some-
one else because that would give certain speakers fifteen to twenty
minutes which wguld be unfair to others who have only five minutes. He
said Council will endeavor to receive the presentations of citizens
between the hours of 7:30 p.m., and 10:30 p.m., with a ten minute break
at 9:00 p.m.; that if, during the course of the ~:,blic hearing, a citi-
zen Would like to speak but has not registered to do so, they may
register with a staff assistant. He asked that the members of Council
and administrators listen to the presentations and if questions are
raised, they will be received and addressed, and Council members and
key administrators will remain for a period of thirty minutes following
the public hearing to address individual concerns or questions.
The following is a synopsis of the remarks made by individuals who
addressed Council and is not intended to be a verbatim transcript.
Mr. R. N. Graybill, Vice-President of Concerned
Citizens and Taxpayers of Roanoke, Inc., appeared
before Council and advised that the organization
cares about the quality of education which Roanoke
offers to its children; and education, along with
hard work, is a key which can unlock the doors to
success and prosperity for many and unshackle vir-
tually any person from the bonds of ignorance and
poverty. He said a well educated populace provides
m
m
generally more tax revenue because it is better
paid and helps attract quality industry; however,
common sense should be used in the allocation of
public funds regardless of the merit of a par-
ticular program inasmuch as there are other public
services and institutions that must be funded from
the same sources of revenue. He stated that not
only is good education needed, but good fire and
police protection, good streets and highways, good
water and sewage services and a host of other
things are needed to make the City a top notch
place to live. He added that tile organization
views education the same way it views other public
services; that it is bad public policy to let emo-
tional rhetoric guide the tax making process; and
educational services must take its place at the
financial fountain like other City funded services.
Mr. Graybill advised that with respect to not only
the School budget, but the entire City operation,
the organization wishes to caution Council not to
start new programs with State or Federal "seed"
money that may cost nothing in local funds to start
wi th, but may require local tax support later
unless there is an assured way of financing the
project.
Mr. Graybi11 said the organization would like to
see the State fund their mandated programs through-
out the City, and they do not believe it is fair
for the State to demand that the City provide cer-
tain programs while refusing to send the funds from
Richmond.
On behalf of the Taxpayers' Association, Mr. Gray-
bill urged that the general City budget be balanced
with a reduction in expenditures and not through a
tax increase, especially on real estate, noting
that the best and healthiest way for the City of
Roanoke to increase its tax revenue is through eco-
nomic growth and not through tax increases.
In closing, Mr. Graybill advised that the Concerned
Citizens and Taxpayers believe that Council has
come a long way in the past few years in its treat-
merit of taxpayers and should be commended, and
urged that Council continue its good work to serve
the best interest of all citizens of the City of
Roanoke.
Mr. H. Lawrence Davidson, President, Downtown Roa-
noke, Inc., appeared before Council and advised
that many times over the past 27 years Downtown
Roanoke, Inc., has appeared before Council to
address downtown related issues, but tonight they
wish to address an issue which affects not only
Downtown Roanoke but the entire community --the
City's fiscal future. He said Downtown Roanoke,
Inc., is well aware that Roanoke is not yet in a
crisis situation, but asked how far away can a cri-
sis be if the City cannot afford to maintain a
street paving program or to replace equipment, and
further asked how can the City address major issues
such as flood control and school renovation if its
financial status prohibits the selling of bonds.
He commented that the Federal "gravy train" is gone
and the City can either passively hope that the
crisis will not materialize or aggressively set out
to accept its responsibility as a locality and
determine its own destiny. He stated that in his
budget presentation, the City Manager has recog-
nized the City's need to plan now for coming reali-
243
244
ties, and his solution incorporates the continued
reduction in the real estate tax rate as mandated
by Council and proposes the generation of new
revenues through addition of a prepared food tax
and an increase in the cigarette tax.
Mr. Davidson said the Downtown Roanoke Board of
Directors met on April 27, 1987, in a special
session to discuss the proposal, advising that
their membership is diverse and a specific member
survey on the issues has reflected this diversity,
while overwhelmingly supporting the need to
generate new sources of revenue. He stated that
bearing this in mind and recognizing both Roanoke's
need to remain an economically viable city and the
fact that revenue alternatives are limited, the
Board of Directors of Downtown Roanoke, [nc., has
taken the following position:
(1)
The Board strongly supports the City Manager's
efforts to generate additional revenue without
raising the real estate tax rate.
(2)
The Board supports the imposition of a tax on
prepared meals and an increase in the ciga-
rette tax; advising that the question of the
requested tax rates, however, bears closer
examination by the City Administration and the
impact on revenues and businesses affected
must be carefully considered.
(3)
For the longer term, more broadly based solu-
tions are necessary. Adjustments in other
taxing areas should be considered such as
beginning a dia]ogue now with the City's
]egislative delegation regarding the possibi-
lity of increasing the State sales tax from 4
1/2 per cent to 5 per cent, with the addi-
tional 1/2 per cent being returned to the
localities.
Mr. I)avidson said in the final analysis, all taxes
are discriminatory and will be unpopular with some-
one, but the City's needs are clear and meeting
those needs will include making difficult deci-
sions; that arriving at the position above stated
was not easy in that it forced the Board to balance
the interest of certain components of their own
constituency against the broader view of Roanoke's
future. He stated that the position reflects not
just the interest of downtown, but of the community
as a whole; that arriving at Council's decision on
the matter will be equally difficult, but the Board
trusts that Council's decision will reflect the
interest of the City whose future is in Council's
hands.
Mr. Jack C. Smith, Vice President, Roanoke Valley
Chamber of Commerce, appeared before Council and
read a position paper adopted by the Chamber of
Co~nerce at its regular meeting on Monday,
April 20, 1987, advising that the Chamber Board
recognizes that fiscal policy changes and a lack of
continuing accelerated growth have caused a revenue
shortfal] in the City of Roanoke; and the Chamber
Board further recognizes if the City of Roanoke is
to remain a vital, dynamic con~nunity, it must con-
tinue to provide the infrastructure which is neces-
sary to support a growing community. He said there
is a continuing need for funding schools, main-
tenance of equipment, maintenance of streets, solu-
tions to drainage probl~ns, and matching highway
construction funds are absolute necessities if the
City of Roanoke is to avoid a financial crisis
situation sometime in the future.
Based on the belief that the financial health of
the City of Roanoke is necessary to the continuing
growth of the Roanoke Valley and southwest Virgi-
nia, Mr. Smith advised that the Chamber Board
strongly recommends that the City of Roanoke
address these needs, determine a source of Funding,
expedite the solutions to the problems, and, to
this end, the Chamber Board pledges its cooperation
and urges the cooperation of the Roanoke business
c ommun i ty.
Mr. Homer L. Jackson, First Vice-President of the
NAACP, Roanoke Branch, appeared before Council in
support of the City Manager's recommended budget to
insure continuing quality schools, to insure that
homeowners will not have real and personal property
tax increases, thereby lessening the burden now
placed on the homeowner and City residents. He
said those persons who work or shop in the City and
choose not to live in the City should play a part
in sharing in the taxes of the community in which
they choose to have their livelihood. He stated
that the proposed increases would help the City
finish projects that have not been completed, espe-
cially in minority areas and called attention to
the Gainsboro area as an example. He said the
Roanoke Branch, NAACP, would like to go on record
in support of the City Manager's proposed budget.
Mr. Donald Bartol, 2011 Deyerle Road, S. W.,
appeared before Council and advised that a year ago
he was appointed to the Roanoke City School Board,
and at that time Council's selection of him was
clearly seen as new input for the betterment of the
school system, and the need for more effective
oversight of administrative policies. He urged
that Council closely examine the budget, advising
that some members of the School Board are resistive
to any posture other than advocacy and, as such,
are not objective judges. He said in his 31 years
in education he has seen progrmns, superintendents
and reforms come and go, but the only constant Fac-
tor is the classroom teacher and no amount of dif-
ferenciated staffing, in-service training, elabo-
rate evaluation or "master" teachers can ever sub-
stitute for people who teach on a day to day basis.
Mr. Bartol urged that Council give close attention
to all sections of the community as decisions are
made.
Ms. Cindy Ratcliffe, physical education teacher at
Fairview Elementary School, appeared before Council
on behalf of Faculty, staff and students and
expressed the need for approval of the .School
Board's proposed budget in order to Fund a much
needed gymnasium. She said that presently Fairview
£1ementary School is the third largest elementary
school in Roanoke City with an enrollment of 575
students; that at this time, the cafetorium must be
245
246
used for physical education classes, lunch and all
programs and assemblies. She requested that the
students of Fairview Elementary School be given the
best educational opportunities available.
Mr. Ellis H. Milan, representing Milan Brothers,
Tobacconist, appeared before Council in reference
to the proposed increase in the cigarette Lax,
advising that he is firmly opposed to the recom-
mended increase; and having read the article in the
Roanoke Times & World-News, he understands the need
'for more revenue and sympathizes with the position
of Council. He said the economy has been soft and
sales and revenue have been down; that through his
experience as a retailer, he believes changes in
cigarette sales have and will occur; that the City
has been two cents higher on the cigarette tax than
the County and the City has lost sales; that by
increasing the cigarette tax to five cents, it will
make City merchants non-competitive and lower the
volume even further; and companion item sales will
be lost, therefore additional business taxes and
license revenues will be lost.
Mr. Milan said for various reasons, cigarette sales
have decreased for several years and asked why a
tax is being increased on a diminishing revenue,
advising that it does not make economic sense.
light of the above facts, he stated that Council
should understand why he opposes an increase in the
current tax and would support an abolishment of the
cigarette tax altogether. He said his thoughts
concur with those of Council members Bowers and
Garland that a prudent indepth study should be made
of the new proposed tax increases and, wi th this
study, if feasible, the City should be able to
adopt a new budget without proposing new tax
increases.
Mr. E. C. Warren, representing the Roanoker Restau-
rant and the Virginia Restaurant Association, other
area restaurants and 24,251 taxpaying persons who
signed petitions in opposition to the prepared food
tax, appeared before Council and advised that the
prepared food tax on consumers is discriminatory
inasmuch as it selects one and only one segment of
retail business to tax. He said having to pay an 8
1/2 per cent tax to be able to eat out is a burden
on a necessity because eating out is not a luxury.
He commented that 40 per cent of the ~merican food
dollar is spent on away from home meals due to
single parents and working wives; that senior citi-
zens who cannot prepare their own food or feel
unsafe in using cooking equipment view restaurants
as a necessity for food and nutritinally well
balanced meals, and to many senior citizens, eating
out is a life quality and the only social interac-
tion with their peers; and candy, caviar and
lobster purchased for home consumption is no more a
necessity than a hot plate lunch is a luxury.
Mr. Warren said the restaurant industry is not
against keeping the neighborhood schools open or
paving streets or repairing City equipment, but
they are against unfair taxation and the leaders
of the industry stand ready to join with other
civic, governmental and business leaders of the
City and Roanoke Valley to ask the General Assembly
247
to award, on a local option, the other one-half per
cent general sales tax which will equalize the tax
burden, noting that the increase in the one-half
per cent general sales tax was suggested many times
by people who signed the petitions as the best and
fairest method for all.
Mr. Mark Frankel, City resident, parent, and
Principal at William Fleming High School, appeared
before Council and advised that he represents a
growing number of future, active, politically
minded citizens -- the life blood of the commu-
nity -- the City's investment in the future -- its
children. He said the only vested interest group,
parents of school age children, represent only
twenty per cent of the community, and asked if we
will relegate the financial obligations of edu-
cating our children to a small increasingly impo-
verished minority when we all are the
beneficiaries. He stated that through the years,
educators have been relied upon as vital resources
to combat the complexity of society; that teachers
and administrators are working harder than ever,
they have accepted challenges to attend to the
dilemmas of teen pregnancies, AIDS, drug abuse,
suicides, family disintegration and dropouts. He
commented that the problems require different
emphasis aimed at providing emotional support and
value bases necessary to provide stability for stu-
dents.
In concluding, Mr. Frankel said to decrease the
Roanoke City School budget is to regress to the
past of higher absenteeism, overcrowded classes,
increasing dropouts, unmotivated, under achieving
students, reduction in staff, and low teacher
morale. He said our students will participate in
the international marketplace among academically
prepared competitors, especially in the world of
technology, noting that we cannot provide tech-
nological training and intellectual development
without capital investment.
Ms. Rebecca S. Cooper, parent and upcoming PTA
President at Forest Park Elementary School,
appeared before Council and urged Council's posi-
tive support and affirmative vote for the 1987-88
budget request adopted by the School Board. She
said the education of chi]dren is vital to the
future economic growth of the City, State and
country, it is necessary to invest in the public
schools and in the educational future of the
children. She stated that education must be sup-
ported through tax dollars, and requested that
Council support the level of funding needed in
order to renovate schools such as Forest Park as
well as other identified schools, advising that
renovation wi]l help to maintain and upgrade the
quality of educational programs for our youth. She
commented that education is indeed expensive but to
have the quality of education hindered because of
lack of environmental improvement is not necessary;
that there is a solution, and parents request that
Council. pursue the necessary solution.
248
Ms. Jo Ann Pendleton, parent of a son attending
Breckinridge Junior High School, appeared before
Council and advised that Council's support is
needed for the school system, and Council should
strongly oppose any tax reduction in order to pro-
vide sufficient funds to get the City and tire
school system in shape for the future because the
children are the future of Roanoke. She said the
schools are in need of many items of improvement
from painting to roof repairs which Breckinridge
needs badly at the present time, adding that the
]onger the City waits, the more it is going to
cost. She pointed out that schools will fall
behind in technology if something is not done,
noting that parents are going to move out of the
City and place their children in the County schoo]
system or in private schools. She concluded by
advising that Council has the future of the
children in its hands and it is up to Counci] to
he]p the school system obtain the money it needs.
Ms. Velma Seif, representing the Central Council
PTA, appeared before Council and advised that the
budget process is one of the most important areas
that a Council must address and the future of the
City lies in Council's deliberations. She said
since numbers are what the budget process is all
about, she would like for Council to consider the
following figures: 13,000 students enrolled in
Roanoke City Schools, each student has two parents
for a total of 26,000 persons, and each student has
two sets or four grandparents, for a total of
52,000 persons, for a grand total of immediate
family members involved of 91,000. She stated that
with these figures, in a City with 100,000+ popula-
tion, it could be said that 90 per cent of City
population is vitally interested in the schools and
would like for them to be fully funded. She added
that teachers, programs, guidance counsellors,
health nurses and curricula as well as capital
improvements are desperately needed, advising that
older school buildings are in need of repair,
replacement or renovation. She said the everyday
wear and tear of 13,000 students, six hours a day,
five days a week, takes its toll on buses, fur-
niture and equipment, etc., therefore, the City
faces a new challenge -- providing a new source of
revenue or face the closing of several neighborhood
schools such as Crystal Spring, Oakland, Highland
Park, Forest Park, Morningside, Virginia Heights
and Wasena. She commented that the possibility of
closing these schools touches every area of the
City, plus the effect of recruiting new business
and industry into an area that would no longer be a
desirous location for a family with school age
children. She said it is important to continue to
provide the excellent progress of our schools and
do everything in our power to provide the very best
education for each student.
In reference to the petition opposing the prepared
food tax, Mrs. Seif said that 24,000 signatures on
a petition is very impressive, but inquired as to
the whereabouts of the rest of the people. She
said visitors from nearby localities shop at our
malls, use our streets, cross our bridges and pay
us nothing for these services, and noted that some
of those 24,000 people who signed the petitions
were not Roanoke City residents.
m
Mr. Carl A. Vandergrift, parent of two children
attending Crystal Spring Elementary School, and
Chairman of a group of eight persons appointed by
the Crystal Spring PTA to oppose the closing of
neighborhood schools, appeared before Council and
advised that individual members of Council have
stated that they do not want the neighborhood
schools closed; therefore, Council is requested to
provide necessary funding to keep the schools open.
He said the appointed Long-Range Planning Committee
made the recommendation to close the elementary
schools along with other significant changes; that
the School Board held several public hearings and
the public was given the opportunity to express
their views, noting that the public hearings were
well attended and the speakers supported their com-
ments with facts, the result of which was Dr.
Tota's recommendation to keep the schools open. He
stated that Council's support is now needed to pro-
vide the required funding to make the renovations.
He said the Crystal Spring group strongly opposes
the closing of the schools, and noted that points
made by the group are as follows:
800 petitions were obtained on one day sup-
porting the continued operation of Crystal
Spring Elementary School.
(2)
The Crystal Spring staff has clearly demon-
strated its ability to provide quality educa-
tion.
(3)
(4)
The volunteers used in the schools are
fostered by the neighborhood programs, and
volunteers are known and trusted by the staff,
which improves the quality of education and
reduces operating cost for the system. The
neighborhood schools provide a supportive
attitude of the community.
Prior closings of elementary schools within
the City have caused major deterioration and
demolition of residential areas. The schools
are needed to share the neighborhoods and if
the schools close, further tax bases will
decline and hurt the economic development of
the City. Roanoke and surrounding areas spend
thousands of dollars to promote economic deve-
lopment and if these dollars would also be
spent on the school system, it would enhance
business development and the City's future tax
base. The school system should be a strong
component in attracting new business and new
residents.
Mr. Vandergrift said City schools will continue to
be centers of excellence with the appropriate fund-
ing levels. He stated that the renovation plan is
supported, and it is recommended that the City sell
sufficient bonds to complete all renovations as
proposed, advising that if a referendum is used to
authorize the funds, it is requested that the total
amount be authorized with the total bonds to be
purchased at the time they are needed; that
construction contracts be let so that construction
could be started approximately January I in order
that lead work could be completed during the last
semester of the year, and heavy construction work
completed during the summer period to eliminate
disruption during the school year.
249
250
In concluding, Mr. Vandergrift said the community
has spoken strongly to keep the schools open; that
the School Board now needs the funds to carry out
the plan; that Council members have individually
voiced approval to keep the schools open, and citi-
zens look to Council for leadership to follow
through with the necessary funding. He stated that
the planned real estate tax reduction should be
delayed until a time after the renovations are
completed, noting that this is not the time to
reduce a tax base when the funds are needed.
Ms. Denise Reedy, President of Preston Park
Elementary School PTA, appeared before Council and
advised that she supports the proposed balanced
budget and supplemental budget for fiscal year
1987-88 submitted by the Roanoke City Schools. She
said several months ago the Long-Range Planning
Committee suggested the closing of some of the
older neighborhood schools, and there was an out-
pouring of concern and outraged citizens who voiced
their opinions against the closings. She stated if
the schools are to remain open, the money has to be
appropriated for necessary renovation, advising
that she supports the proposed meals tax and
cigarette tax as a means of providing the necessary
funds.
Ms. Reedy explained that Preston Park Elementary
School has two main concerns: funding for elemen-
tary school guidance counsellors and full-time
principals for the paired schools. She said in the
past few years Roanoke City has had an influx of
disadvantaged families and they move to the City
because of services offered -- income, housing, job
training, etc., and the percentage of disadvantaged
children in the City system has increased from 15
per cent to 34 per cent since 1980, compared with
Roanoke County schools which have six per cent
disadvantaged children. She stated that Roanoke
County has a guidance counsellor in every elemen-
tary school, however, Roanoke City has five
guidance counsellors that serve nine of 21 elemen-
tary schools, and fifty per cent of their time must
be spent on Chapter I children, which is a ratio of
800 to 1. She added that real problems come with
disadvantaged children; that figures obtained from
the Roanoke City Health Department show for the
year 1984-85, there were 2,584 child abuse com-
plaints made to Child Protection Services for
Roanoke City, and Roanoke County and Salem combined
had 502. She said in Roanoke City, 356 of these
complaints were found to be true cases and in
Roanoke County and Salem, 70 were found to be true
cases. She noted that 50 per cent of City school
children do not live with both natural parents, and
in 1984-85 Roanoke City had 484 teenage pregnancies
and 23 were under 15 years of age. She said these
are grave problems which are not being addressed
because of lack of funding.
Ms. Reedy pointed out that the students at Preston
Park have double problems because they do not have
a guidance counsellor or a full-time principal,
noting that there is no way one person can serve
two schools effectively. She said when she reads
in the newspaper that several members of Council
consider the airport renovations to be priority
number one and schools to be priority number two in
Roanoke City, she is very disheartened, adding that
m
251
it is true a new airport will attract new business
and commerce to the Roanoke Valley, but it would
be a shame if those same businesses chose a sur-
rounding area to locate their families and busi-
nesses because of lack of quality schools in
Roanoke City.
Mr. Louis Ellis, President of the Greater Raleigh
Court Civic League, appeared before Council and
advised that the Civic League is of the opinion
that neighborhood schools are essential if the City
is to stem the tide of the flight of young families
to the suburbs, as w~ll as provide incentives for
new homeowners to locate in City neighborhoods. He
said he realizes this requires extensive renova-
tions which is an expensive process that is further
complicated by reduced State funding due to a
declining enrollment, and funding will likely
require bond issuance. He stated that the League
supports a bond issue that will not only fund the
imperative school renovations, but major projects
such as flood control and road paving in addition
to equipment replacement. He co~ented that the
League has every confidence that Council will exer-
cise the requisite judgement necessary to finance
the proposal.
Mr. Ernest E. Binder, 503 Wingfield Avenue, N. E.,
appeared before Council and advised that his com-
ments are intended to bring the basic tax issues
involved into proper perspective. He said it is a
stated objective of Council to upgrade the City to
first-class status, to insure the City's economic
welfare and, therefore, all viable sources of reve-
nue must be tapped. He stated that people are
generally against more and additional taxes; how-
ever, this must not entail a greater tax load, but
rather a redistribution of the tax burden on a more
equitable basis, and should forestall the increa-
sing real estate and property taxes. He said the
proposed taxes readily accomplish this goal without
undue hardship. He noted that the restaurant
industry has launched a vigorous campaign to soli-
cit signatures from their customers to petition
against the passage of the meals tax if only to
serve the purpose of the restaurants and tobacco
vendors in not wanting to cooperate with the com-
munity in collecting the tax. He added that for
the homeowner, this tax does not represent more
taxes but less taxes; that the new tax represents
a more equitable tax distribution; that non-
residents and non-property owners will be asked to
pay their fair share; and Roanoke residents have to
pay this tax when they go elsewhere to dine. He
said restaurant sales will not decrease because of
the tax as claimed;.that the restaurant industry
arguments appear to be totally without merit and
this is not the first time when vested interests
have attempted to "pull the wool" over Council's
eyes.
Mr. Binder mentioned that the present cigarette tax
has not effected the sale of cigarettes through
vending machines, and if enacted, the higher tax
would have little impact on sales. In conclusion,
he reminded Council of a similar situation which
occurred several years ago when the City Council,
after due consideration, adopted the lodging tax
which has had no adverse effect in view of the
expansion of the motel industry in Roanoke.
252
Ms. Marry McAllister, Information Consultant at
Patrick Henry High School, appeared before Council
and advised that she is an advocate of increased
local spending for education in whatever way Coun-
cil deems it to be the wisest, whether it be in the
meals tax, an increase in the cigarette tax, 100
per cent evaluation of property, or no decrease in
the real estate tax. She said she is appearing in
her capacity as representative for all Information
Consultants in Roanoke City. She advised of ser-
vices provided by Information Consultants in the
junior and senior high schools, and noted that when
the group met last fall they complimented them-
selves on doing a good job, but questioned how long
they could continue to do so well with so little;
therefore, they appointed a committee and did some
research in which it was discovered that in Roa-
noke City, the per pupil allocation for library
books has not been increased since I9/4 and
secondly, during that period of time, the cost of
books has risen at least 250 per cent; and Roanoke
City, according to a State Department of Education
statistical summary report for 1984-85, ranked
117th among 134 school divisions in the state in
regard to funding for library books and materials.
Ms. McAllister explained that Information Consul-
tants took their concerns to Dr. Tota and to the
School Board, that they were understanding and
cooperative and the budget before Council contains
an extra $1.20 per student for library books and
materials for the coming year, but that does not
place the City anywhere near the norm or the
national norm, however, it is an important begin-
ning. She urged that Council fully fund the budget
if for no other reason than to see that Roanoke
City is doing something in the national campaign
against illiteracy. She said she wholly supports
the increase in teacher salaries which is included
in the budget, advising that to keep the high
quality of teachers in the City, the increase is
important.
Mr. Allen T. Pollard, President of the Virginia
Restaurant Association, Southwest Chapter, appeared
before Council and spoke in opposition to the pro-
posed four per cent prepared food tax. He said in
justifying the need for a prepared food tax, the
City Manager has made it clear that Roanoke, with a
population of 100,000 plus, is the only City in
Virginia of its size without such a tax. In com-
parison, he referred to Virginia Beach, Portsmouth,
Newport News, I~mpton, Chespeake, Norfolk, Richmond
and Alexandria, advising that the first six cities
are all coastal ocean tourist type cities and
Roanoke is not. ~ He said one city is a state capi-
tal and one city is in the suburbs of Washington,
D. C,, the national hub, and Roanoke is not. He
added that because of their location in reference
to the nation's capital, each of these cities sup-
port large government payrolls, State and Federal
levels, and each of these cities show the benefit
of a solid economic base not easily affected by
factory layoffs and other economic yields, and
Roanoke does not; that one of these cities is
currently being petitioned to repeal the meals tax,
and one city has reduced the tax by two per cent,
but more importantly, each of these cities is a
known destination point, heavily travelled and
toured, and Roanoke is not as yet. He stated that
this is hardly a true comparison.
Mr. Pollard said according to the Director of
Finance, the average customer is simply "bought
out" and in other words, with the recent decline in
interest rates, Roanoke citizens have bought and
invested in large capital items such as boats,
houses and automobiles, and these heavy capital
investments require large monthly payments, thus
reducing one's disposable income and more clearly
reducing the money actually available to spend in
restaurants and sLores. He pointed out that in
1975, disposable income was at 42 per cent of total
income; in 1986, disposable income was only 25 per
cent of total income, and asked if it is proper to
Lax the consumer more when actually he has less
dollars to spend.
Mr. Pollard commented that the major thrust on
current development in downtown Roanoke is the City
Market Building which consists of thirteen indivi-
dual restaurants, many of which are first timers
and many of which are insecure, and a tax imposed
on these businesses could be detrimental; that
workers downtown eat in restaurants four and five
times a week and the meals tax would make it cost
efficient for downtown workers to pick a lunch with
ingredients purchased in tile County where a meals
tax does not exist than to eat in downto~m or in
City restaurants. He noted that the potential
decline in restaurant sales could destroy these new
downtown businesses, and the sole purpose of a tax
is to create the revenue to serve the people, not
to potentially close businesses.
Mr. Pollard said economic development is becoming a
major concept in structuring Roanoke's future
growth; that the City Manager has noted that many
new companies are looking at Roanoke for future
development and these same companies are al so
looking at Asheville, North Carolina, a city very
similar to Roanoke, that does not have a prepared
food tax but instead a straight five per cent
across the board tax now exists. He stated that we
should not loose the opportunity to bring new busi-
ness to the Roanoke Valley because of over taxa-
tion; that the food industry does not have all the
answers to all the City's probl~ns; that roads must
be paved, bridges must be repaired and schools must
be kept open, but a four per cent single industry
tax is not an equitable solution. He said perhaps
consolidation, truer real estate assessment values,
or a one-half per cent increase in the sales tax
would be more equitable.
Mr. Gary E. Foutz, 3671 Ordway Drive, N. W.,
appeared before Council in support of the restau-
rant association, and the taxpayers of the City of
Roanoke. He said a few weeks ago he came to City
Council to provide input on industry and to present
a way in which the City could make the money it
needs instead of depending on State and Federal
funds or raising taxes. He noted that when he left
the meeting, he felt that what he said was not
heard. He said he is appalled that the prepared
food tax and an increase in the cigarette tax is
being considered, and he does not want to see
neighborhood schools closed and end up like Jeffer-
son High School with windows broken out and unde-
sirables living therein. He said Council talks
about reductions, but he believes a cut should
start in the pocketbooks of the administrative
staff at City Hall, noting that the money Dr. Tota
253
254
earns could pay the salary a lot of teachers each
year. He expressed the opinion that citizens in
this City have paid enough taxes in the last seven
years on sewage treatment; that no matter how many
trips the Mayor and Mr. Trout have taken out of
town to bring new business to the City, he does not
believe there has been enough el~fort expended.
Mr. Foutz said there is no recreation for young
people in Roanoke and people wonder why there is so
much crime. He stated that the money to run the
City is going to have to be found from other sour-
ces and not by digging into the pockets of tax-
payers; that if schools need help, they should be
helped; if streets need paving, they should be
paved, but Council should not tax the citizens to
death.
In concluding, Mr. Foutz said southwest Virginia
needs a place for recreation and good paying jobs,
and he knows of no better place than the City of
Roanoke.
Mr. Beverly T. Fitzpatrick, Jr., 2615 Cornwallis
Avenue, S. E., appeared before Council in his capa-
city as a parent and taxpayer in the City of
Roanoke. He said he and his wife chose to live in
the City a long time ago and they are proud of the
City, its schools, its services and its progressive
leadership. He stated that tonight we are not
solely talking about a budget or a meals and alco-
holic beverage tax or a cigarette tax, we are
talking about the essence of leadership and how
this community will judge Council by the decisions
it makes not only today and tomorrow, but in the
f'uture as we look back at what was done. He said
we are talking about what the seven members of
Council will do to protect the investment of pri-
vate citizens in their own private property, we are
talking about protecting our schools and the educa-
tion of our greatest asset, our children, and more
importantly, we are talking about the specialized
needs of young people in the City schools today,
the problems of parents and therefore, the problems
that our schools encounter every day from 8:30
a.m., until 3:00 p.m. He stated that we are
talking about Council's investment of taxpayers'
money in vehicles, police protection, fire protec-
tion, garbage, sewers, utilities and the delivery
of those services on a timely and efficient basis
at the lowest possible cost. He said we are
talking about creating jobs, advising that in the
Roanoke Valley we have created 4,000 jobs in the
'last four years, which represents more jobs in this
community since General Electric located here in
the mid 1950's, and Council has done an exemplary
and exceptional job. He added that there has been
an increased payroll of $64 million in the last
four years; and there will be 40 new retail and
wholesale establishments by virtue of those 4,000
jobs being created. He said that is not enough and
Council knows it requires additional money to make
sure that sites are made available, that utilities
are extended, there are fire houses and police cars
to protect those industries and those jobs which
will pay the citizens so that they in turn may pay
the City additional taxes.
255
Mr. Fitzpatrick said that most of all we need to
make sure that the children of the City of Roanoke
stay in the Roanoke Valley. He stated that Council
is considering in this process the ability to fund
those things that will create opportunities five,
ten and fifteen years from now that will allow our
children to stay in the Roanoke Valley, to c~npete
for new industry, to pay more taxes and to create a
better leadership opportunity for all citizens. He_
said Council mm~bers have been elected to lead the
City, to make hard decisions that make up a com-
munity for business, industry and private citizens.
He requested that Council keep the neighborhood
schools open, pave streets and sidewalks, stop
flooding on Williamson Road and on the Roanoke
River, and create new jobs and better services
because we are in c~npetition with many com-
munities. He said each of these things require
money at a time when the Federal well is drying up,
which places increasing pressure on Council to pro-
vide leadership, guidance and funds to keep the
City progressive, noting that taking care of our
own problems is an attribute of western Virginia.
Mr. Fitzpatrick said it is his understanding that
there are 400 possible sources of tax revenues
available to cities by the Commonwealth of Vir-
ginia, and Council has used 399 of those sources
currently. He said he has feelings for the
restauranteers, but his feelings are strong about
those residents who live outside the City who drive
on City streets and continue, on a daily basis, to
use City utilities, sewers, sidewalks, parks and
other City services, and they deserve the oppor-
tunity to help pay for the services they enjoy. He
stated that the tax proposal brought forth by the
City Manager allows Council to raise income with a
large portion of the funding coming from outside of
the City of Roanoke; and it is unfair for City
residents, as real estate owners, to pay one
hundred per cent of this amended budget request
when Council has an opportunity to tap outside
sources.
Mr. Fitzpatrick advised that when one looks at the
City's needs, it is known that money is needed;
that if the funds are raised, the real estate pro-
perty tax must be increased by 12 - 15 cents above
the current rate to accomplish the basic needs
expressed by the City Manager; and the proposed
taxes allow Council do that without City residents
having to pay the entire price. He urged that
Council not retrench but look ahead to better days
for the City and tile Valley. He said it is easy to
be negative, but it takes character to be positive,
and it takes leadership to get through the hard
times.
I]
At 9:10 p.m., the Mayor declared the meeting in
recess.
At 9:20 p.m., the meeting reconvened in the Coli-
seum of the Roanoke Civic Center, with Mayor Taylor
presiding, and all members of the Council in atten-
dance.
256
Ms. Sally R. Hicks, teacher at William Fleming High
School and Chairman of the Roanoke Professional
Educators Association, appeared before Council and
advised that she would like to speak in support of
the budget of the Roanoke City School Board, and
she does so as not only a concerned educator but as
a concerned citizen. She said she has always taken
pride in the fact that she was born, raised and
educated in the City of Roanoke; that the past few
years have brought many changes to Roanoke City;
and rejuvenation of the market area and especially
Center-in-the-Square are projects of which all
citizens may be proud. She stated that there are
plans to modernize the airport in order to keep up
with progress and she supports this plan and what
it can mean to the City. She further stated that
there is the need for strong education; that just
as the City has changed, so have the needs of the
students; that some changes have al ready been made
such as CITY School, Governor's School, middle
school programs and the proposed Magnet Schools for
the Arts and Technology, however, less funding
would result in larger as well as less specialized
classes with less personalized instruction at a
time when much more instruction is needed.
Ms. Hicks added that she read a recent report in
the Roanoker Magazine Almanac that Roanoke County
spends $5,587,132.00 more on education than Roa-
noke City, and yet they serve 518 less students,
and there are over 582 more employees in Roanoke
County schools. She asked how we can continue to
accept this gap in funding and be expected to have
a quality school system, especially when the educa-
tional needs of an urban area are generally much
greater than those of a rural area.
Ms. Hicks explained that as a citizen she appre-
ciates Council's desire to keep taxes low, however,
this should not be done at the expense of the
children. She said she applauds Council's efforts
to find additional sources of revenue as it has
become increasingly evident that there is a great
need for additional funds.
In closing, I~. Hicks requested that as Council
considers the budget and the needs of the various
areas, that funding requested by the schools not be
reduced.
Ms. Pam D. Fischbach, representing Virginia Heights
Elementary School, appeared before Council and
advised that the community is startin9 to build up
and renovation of schools is needed to keep the
schools up to date and to encourage neighborhood
people to enroll their children. She spoke in
favor of guidance counsellors for elementary school
students, and said problems should be addressed in
elementary school, rather than waiting until the
child reaches junior and senior high school.
Wi th reference to renovation of schools, Ms.
Fischbach stated that many City neighborhoods are
dying because of neglect of schools, advising that
it is better to have a live community with good
schools than a dying community. She requested that
reductions be found elsewhere in the budget and
leave the school budget in tact in order to have an
excellent school system, provide school renova-
tions; and keep the neighborhoods alive.
Miss Christie E. Jackson, a student at Oakland
Elementary School, appeared before Council in sup-
port of keeping Oakland School open, advising that
the children of Oakland School join her in the
request. She presented signatures of Oakland stu-
dents, and requested that Council adopt the school
budget as presented.
Mr. Edward Allen, 3411 Frontier Road, N. W.,
appeared before Council and advised that he would
like to reiterate remarks of Mr. Fitzpatrick,
noting that Roanoke City is a beautiful place to
live. He called attention to progressive govern-
ment in the City of Roanoke, and the need to con-
tinue to seek tax resources in order to keep the
City progressive, up to date, and plan for the
future. He said the City Manager and his staff
have searched out potential new sources of taxes to
recommend to Council; that he supports the prepared
food tax and the cigarette tax.
Mr. Allen pointed out that this may not be the year
to reduce the real estate tax inasmuch as taxes
will have to be increased in order to supply the
needs and services that citizens of Roanoke demand.
He said he is in favor of citizens of southwest
Virginia paying for some of the services that Roa-
noke taxpayers have provided in the past; that he
has paid the meals tax in other localities and he
has never complained, nor does he believe that
imposing a meals tax will cause citizens to drive
to another locality just to avoid paying the tax.
He asked that Council consider all available tax
sources in order to keep a progressive and beauti-
ful City for citizens of Roanoke to enjoy.
Ms. Sandra A. Light, 3905 Bosworth Drive, S. W.,
taxpayer, and parent of a child in the Roanoke City
School system, appeared before Council and spoke in
support of the proposed four per cent meals tax,
advising that it represents a 25 cents increase in
the cost of an average lunch. She said if citizens
choose to Continue the practice of low assessments
for real estate taxes, and if Federal support con-
tinues to decline, it will be necessary to raise
revenue for needed services; that if citizens of
the City choose not to support necessary project
funding, they are being shortsighted by saving a
few pennies in the short run but losing potentially
thousands of dollars in the long run in the form of
benefits from economic development. She stated
that we must beware of complacency and pride in the
status quo; that we have a beautiful Valley, but
we need more than wonderful weather and beautiful
mountains to bring new business to the Valley. She
added that the effectiveness of the school system
has a great impact upon the economic growth of the
Valley, and this effectiveness requires funding as
does the rehabilitation of the infrastructure of
the City. She noted that it is important to adjust
priorities to insure a superior quality of life for
the City which will indeed benefit life in the
enti re Val 1 ey.
257
258
Mr. Julian D. King, President, Williamson Road
Action Forum, appeared before Counci! and advised
that he has publicly said at times that the present
Council is the greatest governmental body the City
has ever had, and more projects have been accomp-
lished in the last ten years than have been accomp-
lished in many many years. He said we have parks,
sidewalks, schools, storm drains and many things
that have been accomplished through the work of
Council and its diligence. He stated that the
budget which was presented is a budget that wil!
handle all of the present needs of the City, advi-
sing that the City does not want to stand still and
cannot stand still; that we are in a momentum of a
great city and it is time for us to go forward. He
advised that if we do not have further taxes so
that future projects may be accomplished, we are
going to stand still to the point of going back-
wa rds.
Mr. King said the Williamson Road area is one of
the stars of the City; that residents know the
value of Williamson Road to the City as a tax base
and a place where many people see Roanoke for the
first time, and it is a blight on the City for
these visitors to travel along flooded areas in
their automobiles to reach downtown. He said the
Wil)iamson Road storm drainage project was com-
menced in 1980 on paper; that two quadrants have
been completed; that one is on paper at the present
time ready to go and the third is in limbo until
the proposed budget is consummated in a way that
the project may proceed.
Mr. King noted that action needs to be taken so
that the City can have a strong budget. He said
Williamson Road residents are concerned about
Oakland School and other schools on Williamson
Road, advising that they must be renovated; that
Oakland School is the hub and centerpiece of
Wtlliamson Road, and he is assured that if Oakland
School is closed or torn down, there will be a
blight on Williamson Road. He added that the Board
of Directors of the Williamson Road Action Forum
have requested that Council do what-ever is
necessary by way of the cigarette tax, the food
tax, etc., in order to provide a strong financial
program for the City of Roanoke.
Mr. Ashby H. Mason, President-Elect of Morningside
Elementary School PTA, appeared before Council and
advised that he does not speak in support of a new
tax or in opposition to one; that he comes to plead
with Council and the School Board to provide money
to renovate schools in order to keep schools in
the neighborhoods open. He said the time has come
for Council to re-examine its priorities, and
inquired if Council wishes to continue building
flower beds and beautification projects or give the
School Board additional money for education to
improve safety and comfort and provide economically
sound centrally located public schools. He added
that these improvements are costly, but they are
for the people who tomorrow will govern the City,
State and entire Nation.
,!
Ms. Katie Meadows, 1511 8th Street, S. E., patron
of Morningside Elementary School, appeared bet~ore
Council and advised that she serves as a school
volunteer and she has the children of the City
schools in mind, noting that she has a strong
desire to help them receive excellence in educa-
tion. She stated that the school funding issue is
more important than any other issue now facing the
City. She said the children will be tomorrow's
leaders and placing these children in over crowded
classrooms, in closets that have been made into
classrooms, on a stage in a cafeteria during lunch
time, and taking away the Information Center to be
used as a classroom cannot provide excellence in
education. She stated that she supports a bond
issue or whatever is necessary to provide funds to
raise sufficient money for the schools. She
pleaded for the well-being of the children,
advising that what is done for them today is what
they will become tomorrow.
Mr. Page H. Sutherland, representing the tobacco
industry, appeared before Council in opposition to
the cigarette tax, advising that he is not opposed
to the programs that have been outlined, but feels
that Council is going in the wrong direction as far
as the revenue to fund the programs. He said with
the proposed two cents per pack on cigarettes, the
City is losing a good percentage of sales to Roa-
noke County; that cigarettes are a traffic builder,
and they generate sales among other ancillary
items, particularly in grocery stores, conven-
ience stores, drug stores, etc. He stated that one
cent of the 4 1/2 per cent of sales tax, effective
January 1, is returned to the City at the point of
sale and if this is lost to surrounding counties,
the City is not only losing the cigarette tax reve-
nue, but it is losing the sales tax revenue as
well, and in many instances, it will be losing
related tax revenues paid by the merchants. He
expressed concern for the retailers of cigarettes
in the City, advising that cigarette sales have
declined nationally, and the tax is not a solid
base of future revenue particularly with a doubling
of the Federal cigarette tax which has been pro-
posed by Congress.
Mr. Sutherland advised that vending machine sales
make up approximately sixteen per cent of sales
nationally; that the great majority of sales are
across the counter and not through vending machines
as previously stated. He said the City is losing
cigarette sales to the County and the loss will be
accelerated by a further increase in the cigarette
tax; that according to Virginia law, counties are
not allowed to enact a local cigarette tax, there-
fore, the City will be cited with a differential of
fifty cents per carton between cigarettes that are
sold in the City of Roanoke and those sold in
Roanoke County. He asked that Council look
seriously at the proposal and not place more of a
burden on the people who sell tobacco than pre-
sently exists.
259
260
Mr. Joseph Abbott, representing Valley View Pancake
House, appeared before Council in opposition to the
prepared food tax, advising that he is trying to
decide if the tax is a positive or a negative step
towards revenue for the City. He inquired as to
why Council wants to impose an 8 1/2 per cent tax
on tourists which will keep them from coming to the
City of Roanoke. He said more funds should be
brought into the City from outside; that people
coming in for conventions are going to consider the
lodging tax, meals tax, etc., and choose the loca-
lity where they can save the most money. He stated
that the City is discouraging revenue by imposing
the tax on people who are bringing in their dol-
l ars, noting that everyone wants to tax the
tourist, but the tourist is the person who keeps
half the restaurants in business. Mr. Abbott said
he does not know if the City's money is being
managed properly, but he is aware that there are
problems and asked why the restaurants should be
called upon to collect this extra tax for the City.
He added that the tax should be more evenly distri-
buted and not placed entirely on the restaurants,
noting that the maaller restaurant usually takes
the beating.
Ms. Ora B. McColman, 2123 loth Street, N. W.,
appeared before Council and advised that she is
Secretary of the Williamson Road Area Business
Association and Secretary of the Williamson Road
Action Forum. She stated that the Williamson Road
Area Business Association adopted a resolution on
April 21 supporting the meals tax unanimously,
advising that they are aware of the financial
problems inasmuch as revenues have not come in as
anticipated. She said Williamson Road is looking
forward to the completion of their storm drains, to
the renovation of Oakland School, to the paving of
streets, for equipment to be kept up to date and
maintained, and it is realized that citizens must
pay for the services they expect from the City.
Ms. McColman spoke in support of the food tax and
questioned whether the people who signed the peti-
tions are residents of the City of Roanoke, and
also questioned how many times the same individual
might have signed the petitions. She said as a
property owner, she is against lowering the real
estate tax rate inasmuch as the revenue is needed.
She suggested that the City explore a tax on
employees who come into the City to v~)rk but reside
in other localities.
Mr. Larry L. Fenzel, 1719 Grandin Road, S. W.,
appeared before Council and advised that it is time
to be extremely realistic in regard to the future
of the City, noting that historical perspectives
may help to bring the matter into sharper focus.
He said the City's expenditures for the schools
have increased dramatically since the 1977-78
fiscal year when approximately $700.00 per student
was spent for education; that in the 1987-88 pro-
posed budget, $1,800.00 per student is being
expended, yet the number of City students has
declined from 17,000 to 13,000. He stated that
over this time period, the City has spent some 150
per cent more money on education, and inquired as
to what we have received for our tax dollars. He
commented that we have gotten increasing numbers of
functional ly il 1 iterate graduates, we have
declining college board scores at a time when the
tests have actually been made easier, and we have a
new low in teacher morale. He said the schools
have much smaller enrollments, yet have received
the "lion's share" of funding increases in con-
tinually higher budgets, and educators still say
they need more money to adequately educate the
children, advising that they need to do more with
less money.
Mr. Fenzel said since the 1978 budget year the City
has increased its expenditures each and every year;
that in 1982, when enployment sky rocketed and ope-
nings were extremely scarce, the City still
increased its expenditures; that in high infla-
tionary times, citizens were told the City was
controlling costs because the budget did not keep
pace with inflation, yet last year inflation was
about 1.4 per cent, and the budget increase last
year and this year is over five per cent. He asked
if citizens should now assume that the City is not
controlling costs. Fie commented that last year a
member of Council told him at a public hearing on
the budget that the City was like everyone else,
sometimes it needs a raise, advising that a raise
is fine if it comes from population increases,
business development, new construction, etc., but
it is not so fine when it comes from the fixed eco-
nomic base of citizens' homes.
Mr. Fenzel stated that we have seen economic deve-
lopment and we have spent every penny that economic
development has brought in, advising that there
were huge increases from Valley View Mall and every
penny has been spent, and the City is back in the
same situation saying more money is needed.
Mr. Fenzel said to propose a two cents cut in the
real estate tax rate, which is a 1.5 per cent cut,
when assessments overall have increased over eight
per cent is an insult to the citizens. He added
that with more prudent cost management and non-
essential service curtailment, Council should cut
the real estate tax rate to its pledged $1.25,
advising that it is time to give the citizens a
raise by letting them spend their own money instead
of the City Government spending it for them. He
said he is tired of Federal, State or City govern-
ments thinking they can spend his money more wisely
than he can. He asked that Council seriously con-
sider limiting the City's increased financial
expenditures to real growth, i.e.: income from new
construction, new personal property, new business
enterprise and other ?owth areas. He said tax
increases continually being imposed upon the fixed
asset base is detrimental to progressive develop-
ment and physically upsetting to the people. He
urged that no new taxes be imposed in the City of
Roanoke at this time.
Mr. Kenneth L. Glisson, President, Virginia Heights
PTA, appeared before Council and presented a com-
munication from the PTA Board advising that the
Board strongly endorses full-time principals in all
schools and the employment of adequate numbers of
school nurses; and that it is inconceivable that
any program, project or magnet could be of more
importance than a principal in each school. It was
261
262
noted that Wasena Elementary School is tired of
being neglected and they are tired of sacrificing
the well-being of their school because of insuf-
ficient funds; that Roanoke is supposedly progres-
sive and those on Council who set priorities and
seek funding and those on the School Board who set
priorities and control the pursestrings need to
unite; that they realize there are many needs in
the City, but if the children do not come come
first, the City will regress inasmuch as the
children are the future, not terminals, parks and
other new attractions.
With regard to school nurses, Mr. Glisson noted
that the PTA Board was appalled to learn that
everywhere in Virginia, school nurses are anployed,
not federally funded as is the situation in the
City of Roanoke. It was explained that everywhere
one looks, a new building, project or activity is
being established; that with all this progress, it
is difficult to understand why the school system
has to struggle year after year, and the time has
come for men and women who serve both Council and
the School Board to unite for the good of the
school s.
Ms. Mary Whitt, 108 Cascade Drive, Vinton, Virgi-
nia, appeared before Council and advised that the
Roanoke City School system has been commended by
the State and National Departments of Education and
other national organizations for the outstanding
job the Roanoke system is doing in educating youth.
For example, she said the U. S. Department of
Education has noted one of our junior high schools
as an example of excellence in education, and the
National Council of Teachers of English have
selected our English curriculum as one among the
finest in the nation; that the Virginia Department
of Education has highlighted a physical education
program in the City system as a demonstration model
of superior education; and, in addition, the Vir-
ginia Department of Education has identified
schools in the City system as superlative centers
of education. She said there is excellence in edu-
cation in every school in the Roanoke City School
system; that much is being achieved with present
financial support, but with full funding of the
proposed school budget, much more can be done. She
stated that for excellence in education to continue
to grow, appropriate grounds, personnel and
materials must be funded as suggested in the school
budget.
Mr. Edmund A. D~mus, 1920 Deyerle Road, S. W.,
appeared before Council and advised that there is
not a great deal of money in the cigarette tax
because people have stopped smoking; that he does
not know if the tax on meals is right or wrong
because he does not dine out with much frequency.
He said everyone is requesting more money and the
City is faced with a problem to add more taxes to
cover the budget, but no one has thought that there
is a time when we have to think before we proceed
forward. He said more spending is the norm of the
day, calling attention to the Federal Government's
$170 billion trade deficit. He added that the City
m
either has to tax the people or cut expenditures,
and asked w~ich alternative is better when a tight
budget exists. He expressed the opinion that the
answer is to tighten the belt and not increase
taxes. He commented that consideration should be
given to cutting the budget by five per cent and
every department in the City should be mandated to
cut their budget by five per cent. He said the
teachers should be told to teach and stop talking
about more money; and churches, hospitals and non-
profit organizations should be taxed, inasmuch as
they represent fifty per cent of the real estate of
the City.
Ms. Carrie S. Nelson, Director of Food Services for
the Roanoke City Schools, appeared before Council
and advised that with full funding of the budget, a
source of revenue will be needed. She said she is
against singling out one particular industry and
feels that the burden should be spread around. She
stated that it is important to keep the neighbor-
hood schools open so that the neighborhoods will
r~nain vital; that it is going to cost money, but
taxpayers are willing to do what needs to be done
and not complain because the children are going to
benefit.
Ms. Susan C. Henley, representing Morningside
Elementary School PTA, appeared before Council and
requested that Council approve the proposed school
budget. She spoke in favor of renovating schools
instead of closing them.
Ms. Margaret Thomson, President, Roanoke Education
Association, appeared before Council and advised
that the Association would like to go on record as
approving the Roanoke City School budget, and
recommended funding of the supplemental budget for
the retention of school nurses.
Ms. Pattie Hammel, teacher at Highland Park Elemen-
tary School, appeared before Council and advised
that she represents not only the teachers and sup-
port staff of her school, but also the children.
She urged that Council find additional sources of
revenue to provide renovation to the school
buildings. She said as she observed people placing
their signatures on petitions opposing an insigni-
fi cant meals tax, she was overwhelmed at the
clearly casual, unthoughtful manner in which they
affixed their signatures, and stated that she hopes
the carelessness with which the petitions ~ere
signed does not reflect the interest these people
have in the education of our children or in the
programs and services that Council renders to them
as citizens of the City of Roanoke. She urged that
Council work with the School Board to secure addi-
tional sources of revenue to fund school programs
so that Roanoke City schools may continue to main-
tain their position of leadership in the community.
263
264
Ms. Carol V. Underwood, Roanoke City School bus
driver, appeared before Council and advised that
many bus drivers are in attendance and requested
that she act as their spokesman. She said they
request that the proposed school budget be adopted.
She stated that they are paid very low salaries for
what they do; that they carry the most precious
cargo in the world -- the children -- and they can-
not be replaced at any cost. She stated that they
must meet schedules everyday; that they drive
hundreds of City miles every day and handle
thousands of children; and they drive in every kind
of traffic and every kind of weather with very
little thanks. She said the bus drivers cannot
support themselves or their families on what they
earn; that there is no incentive for veteran dri-
vers to stay with the system because they do not
have any benefits; and the money being spent to
train new drivers could be used as an investment
for good veteran drivers who would probably stay
with the system. She stated that bus drivers are
tired of being placed at the end of the line and
thought of last.
Mr. Todd Lewis, 2115 Maiden Lane, S. W., appeared
before Council in reference to the meals tax,
advising that he feels the tax is totally unfair.
He said that a four per cent tax on prepared food
is centralizing one section of the community to pay
for the rest, noting that he is not against taxes
because he knows that the schools need renovation,
but he believes that the money should come from all
sections of the economy and not just the prepared
food industry.
Mr. Cecil O. Kinser, 6208 Plantation Road, N. E.,
appeared before Council and advised that it has
been forty years since the City said they were
going to alleviate the drainage problem in the
Wil]iamson Road area, noting that the drainage
problem has now come a long way. He expressed
appreciation for the efforts of Mr. Julian King in
working with the City to correct the situation and
expressed appreciation to Council for authorizing
the work to be done. He said he is in complete
accord if it takes an increase in the cigarette tax
and imposition of a meals tax to provide for the
bond referendum in order to get the money for
Wil 1 iamson Road drainage projects and other
necessary projects, and noted that the 1,200 mem-
bers of the Wil!iamson Road Action Forum are also
in favor of the tax increases. He expressed appre-
ciation to Council and to the City Manager for the
work they have done, noting that when the City
Manager says something needs to be done, he has
enough confidence in Mr. Herbert's judgement to
know that it must be done. In concluding, he said
the City Manager has submitted a good budget which
provides a way to distribute the tax burden evenly.
Mr. Lewis W. Peery, 508 Rutherford Avenue, N. W.,
appeared before Council and commended the members
of Council for having an open forum and allowing
citizens to express their views on matters in which
265
they have concern. He said much has been said
about schools and quality education and he is a
great believer in quality education; that much has
been said about services to the cmnmunity and to
the citizens of Roanoke and he is a great believer
in that also. He commended Council for what it is
doing for the citizens and for what Council will do
relative to the upcoming budget. He added that he
hopes Council will look at the budget very care-
fully, and he knows Council will do what is best
for the City, for the schools, for services to the
community and for the neighborhoods.
Mr. Kevin C. Glasgow, 3212 Brandywine Avenue,
S. W., appeared before Council and advised that the
schools are a vital investment in the future of the
City of Roanoke. He commended the PTA's and school
representatives for their presentation, advising
that they did an excellent job in presenting their
case. He said he does not think any tax would
encourage a new restaurant or business to locate
outside the City. In closing, he asked why Council
has chosen to place the school budget on the block
and not some of the other special programs. He
said if Council is truly interested in the school
budget, it seems that the school budget should have
been the first to be approved and certain other
budgetary items considered secondary.
Mr. Ernest E. Binder, 503 Wingfield Avenue, N. E.,
again appeared before Council and advised that
there seems to be a steam engine mentality regard-
ing education in that the more money which is sho-
veled into the boiler, the better the education
results will be, which is far from the truth. He
said there is no royal road to education and the
difficulty comes from the children not being dis-
ciplined, from parents not devoting the necessary
time, and from the fact that television is a big
distraction. He said carpeted schools and luxury
items are not needed. He stated that teachers are
demanding more and more money and they do not need
a raise because there are several months out of the
year when they do not teach.
There being no further speakers, the Mayor declared the special
meeting adjourned at 10:50 p.m.
APPROVED
ATTEST: l~l~J~,,~,~.--
City Clerk
Mayor
t
266
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 4, 198/
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the ~nicipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 4, 1987, at 2:00 p.m., the regular
ineeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ............ 7.
ABSENT: None ....
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City C1 erk.
The meeting was opened with a prayer by The Reverend Richard Hedrick,
Pastor, First Christian Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
DIRECTOR OF FINANCE: The Mayor advised that the City's Comprehen-
sive Annual Financial Report for fiscal year ended June 30, 1986,
qualifies for a Certificate of Achievemant for Excellence in Financial
Reporting, noting that this is the highest form of recognition in
govermnental accounting and financial reporting and its attainment
represents a significant accomplishment by a government and its manage-
ment.
On behalf of Council, the Mayor presented a Certificate of
Achievement to Jesse A. Hall, Administrator of City Accounting
Services; and an Achievement Plaque to Joel M. Schlanger, Director of
Fi nance.
SCHOOLS: The Mayor advised that on June 30, 1987, the three year
terms of Sallye T. Coleman and William White, Sr., as members of the
Roanoke City School Board will expire, and called for nominations to
fill the upcoming vacancies.
Mr. Trout placed in nomination the name of William White, Sr.
Mrs. Bowles placed in nomination the name of Sallye T. Coleman.
Mr. Musser placed in nomination the name of Marilyn L. Curtis.
There being no further nominations Sallye
White, Sr., were reelected as Trustees ~f the Roanoke City Sdhoo[-~rdWjJl~iam
for terms of three years each commencing July 1, 1987, and ending
June 30, 1990, by the following vote:
ACTION: FOR MRS. COLEMAN:
Mayor Taylor ........
Council members Bowies, Garland, Trout and
FOR MR. WHITE: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ........... 7.
FOR MRS. CURTIS: Council members Harvey, Musser and Bowers ..... 3.
BID OPENINGS:
267
m)
ACTION:
ACTION:
ACTION:
ACTION:
WATER DEPARI~IENT: Pursuant to notice of advertisement for bids
for cleaning and painting the interior and exterior of the 2,000,000
gallon Carroll Avenue Steel Storage Standpipe, said proposals to be
received by the City Clerk until 1:30 p.m., on Monday, May 4, 1987, and
to be held, opened and read before the Council at 2:00 p.m., on that
date, or as soon thereafter as the matter may be heard, the Mayor asked
if anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Dixon Construction Company, Inc.
Charlotte Tank Lining Company, Inc.
B & B Paint Contractors, Inc.
Southern Corrosion, Inc.
Utility Service Company
Steel & Tank Service Company
Maintenance Tank Company, Inc.
Mine Systems, Inc.
$ 59,134.00
62,100.00
65,000.00
68,800.00
81,938.00
95,960.00
97,500.00
131,500.00
Mr. Ibrvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Mmssrs. Robert A. Garland, Chairman, Kit B.
'Kiser and William F. Clark as members of the committee.
STADIUM°FLOODS: Pursuant to notice of advertisement for bids for
flood damage repair of East and West Stands, Victory Stadium, said pro-
posals to be received by the City Clerk until 1:30 p.m., on Monday,
May 4, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Incorporated
Construction Services of Roanoke,
Inc.
Structures & Utilities Company,
Inc.
$149,000.00
150,400.00
166,924.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. l~sser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, George C.
Snead, Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a personnel matter.
268
ACTION:
ACTION:
ACTION:
HOUSING: A report of the City Manager advising that the U. S.
Department of Housing and Urban Development (HUD) requires the City to
submit a Housing Assistance Plan (HAP) every three years as a requisite
to receiving Community Development Block Grant (CDBG) funds; and the
HAP is a basis upon which HUD approves or disapproves assisted housing
in the City and against which HUD monitors the City's provision of
assisted housing, was before Council.
It was explained that amendment to the HAP is required because of
the Roanoke Redevelopment and Housing Authority application for 71
additional units under HUD's Housing Voucher Program; that the City's
Citizen Participation Plan requires an evening public hearing to be
held by Council to receive citizen comments on the proposed amendments
to the Housing Assistance Plan; and presentation of the Amendment to
the Housing Assistance Plan will be made to Council on Monday May 11,
1987. '
The City Manager recommended that Council authorize a public
hearing to be held on Monday, May 11, 198/, at 7:30 p.m., to hear
public comments on the Housing Assistance Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ....
-0.
PENDING LIST: A list of items pending from July 10, 1978 through
April 21, 1987, was before Council. '
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... ,--7.
NAYS: None ........
COUNCIL: An oral request of Council member Howard E. Musser that
Council meet in Executive Session to discuss a personnel matter, pur-
suant to Section 2.1-344 {al {1), Code of Virginia (1950), as amended,
was before the body.
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia {1950}, as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- ---7.
NAYS: None,
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
NONE,
BRIEFINGS:
m
m)
ACT ION:
DOWNTOWN ROANOKE-TRAFFIC: The City Manager submitted a written
report advising that a letter from Robert W. Hooper, Executive
Director, Downtown Roanoke, Inc., dated July 29, 1986, requested the
City to provide on-street parking on a limited basis along South
Jefferson Street from Elm Avenue to Salem Avenue; and this request w~s
made by Downtown Roanoke, Inc., as the representative organization for
tile downtown business community and as an element of Design '85.
It was explained that on-street parking along Jefferson Street was
implemented as of October 1, 1986, from 6:00 p.m., to 6:00 a.m., Monday
through Saturday and all day or, Sunday; that Downtown Roanoke, Inc.,
strongly felt this would aid businesses in that area which maintain or
are contemplating evening hours; and Council was briefed on the matter
at a meeting on August 25, 1986, in which it was indicated that a
follow-up report would be made to Council concerning the 82 new parking
spaces.
It was noted that random surveys of parked vehic]es were conducted
after the signs were installed; that initia] use was extremely low as
cou]d be expected, however, by March, 1987, the average use of the 82
available spaces was up to approximately 25 per cent; that the blocks
most heavily used are between Salem and Kirk Avenues as well as between
Bu]litt Avenue; that impact on this on-street parking upon City opera-
tions has also been reviewed; that refuse collection representatives
indicate that there were no prob]ems; that Grounds Maintenance repre-
sentatives indicate there was some difficulty in sweeping entire
streets depending upon cars stil] parked on Jefferson Street before
6:00 a.m., and the Police Department had no problems or reports of any
probl ems.
The City Manager advised that Downtown Roanoke, Inc., has stated
that they are extremely pleased with the new parking arrangements and
have received very favorable comments from Jefferson Street businesses
regarding the parking; additionally, they have requested that the City
consider expanding the on-street parking plan to include all day
Saturday in response to requests they have received, and believe that
permitting parking all day on Saturday will provide added benefit to
retailers for Saturday shopping.
It was pointed out that the trial program has demonstrated a need
for on-street parking along this downtown artery and has met that need
with little adverse impact; that in response to the request of Downtown
Roanoke, Inc., the City will change the existing signs to allow parking
all day on Saturday; that this will be implemented by May 18, 1987;
that such additional parking should have little adverse impact inasmuch
as Saturday traffic volumes are not significantly higher than Sunday,
and there remains sufficient on-street parking capacity to help meet
the future parking needs of Jefferson Street during the times per-
mitted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-YOUTH: The City Manager submitted a written report advi-
sing that the Office on Youth Grant was first officially awarded to the
City under the Virginia Delinquency Prevention and Youth Development
Act on June 17, 1980; that the grant budget is for a twelve month
period beginning July 1, 1987 through June 30, 1988; that the grant
provides for continuation of coordinated planning and program implemen-
tation of the Office on Youth; and the budget is as follows:
BUDGET CATEGORY
LOCAL MATCH
STATE FUNDS CASH IN-KIND TOTAL
Personnel
Consultants
Travel
Equipment
Supplies & Other
Operating Expenses
$34,241.00 $ 5,248.00 $39,489.00
0 0 0
735.00 1,350.00 2,085.00
0 0 0
1,540.00 3,402.00 4,942.00
269
TOTAL $36,516.00 $10,000.00 $46,516.00
270
It was explained that funding for local cash match, in the amount
of $10,000.00, has been included in the fiscal year 1987-88 Community
Planning Budget Account No. 001-052-8110-9536.
The City Manager recommended that he be authorized to submit the
Youth Grant to the State Department of Corrections.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Harvey offered the following Resolution:
(#28622) A RESOLUTION authorizing the filing of an application
with the Commonwealth of Virginia Department of Corrections for a
Delinquency Prevention and Youth Development Act Grant for the purpose
of continuing coordinated planning and youth services program implemen-
tation by the City's Office on Youth until June 30, 1988.
(For full text of Resolution, see Resolution Book No. 50, page 176.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ 7.
NAYS: None ...........
O®
BUDGET-PUBLIC ASSISTANCE-GRANTS: The City Manager submitted a
written report advising that in January 1983 Roanoke City, under the
direction of the State Department of Social Services, implemented an
Employment Services Program for certain Aid to Dependent Children Adult
Recipients; that in 1984 the Budget Deficit Reduction Act of Congress
made it possible for States to use Aid to Dependent Children appropria-
tion in an innovative program called Grant Diversion, also known as
TRADE; and Roanoke City was chosen as one of six localities to be a
pilot agency in the State of Virginia.
It was explained that Roanoke City will purchase certain services
from the Fifth District Employment and Training Consortium; that Grant
Diversion will be a joint project between Social Services and FDETC;
that FDETC will develop jobs by recruiting employers to participate in
Grant Diversion; that Social Services will provide services such as day
care, transportation, counselling and motivation; and FDETC will also
provide work experience and Adult Basic Education as well as on the job
training for other eligible ESP referrals.
It was further explained that Roanoke City's allocation for these
services was not made available prior to preparation of the budget for
fiscal year 1986-87 nor for fiscal year 1987-88; that Roanoke City
needs $39,118.00 for fiscal year 1986-87; that $37,118.00 will be 100
per cent reimbursable from State and Federal funds, and no local funds
are needed.
The City Manager recommended that Council appropriate $39,118.00
to Account No. 001-054-5416-2010, to continue Employment Services and
job training to certain Aid to Dependent Children recipients through
contract with FDETC; and increase revenue estimates from State Depart-
ment of Social Services by $39,118.00 for Employment Program - Revenue
Account No. 001-020-1234-0626.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
{#28623) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 177.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
271
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ..... 7.
NAYS: None .......... O.
BUILDINGS-CITY ENGINEER: The City Manager submitted a written
report advising that existing regulations under Chapter 11, Roanoke
City Code, provide for Erosion and Sediment Control; that authority to
stop work for non-compliance with an erosion and sediment control plan
is not provided for since it was not part of the enabling legislation
when the City adopted the Erosion and Sediment Control Ordinance on
April 5, 1982; and the Erosion and Sediment Control law w~s amended by
the 1986 General Assembly to provide the authority to issue stop-work
orders to achieve compliance with approved erosion and sediment control
plans and specifications.
The City Manager recommended that Council authorize amendment of
Chapter 11 by adding Section 11-13 to the Roanoke City Code as provided
for by the 1986 General Assembly, thereby establishing authority to
issue stop work orders on erosion and sediment control work being done
improperly; that authority to regulate will allow stop-work orders to
be issued on erosion and sediment control work being done improperly
for a period of seven days, and during this period, the City may apply
to the local Circuit Court for an injunction against the violator or
have charges filed against him; and effective enforc~nent of the
Erosion and Sediment Control Ordinance will be enhanced greatly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28624) AN ORDINANCE adding a new §11-13, .Monitoring; inspec-
tions; stop=work orders, to Chapter 11, Erosion and Sediment Control,
Code of the City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No..50, page 179.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None .............
REPORTS OF COMMITTEES:
CIVIC CENTER: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for a
wheelchair lift and related work at the Roanoke Civic Center Coliseum,
presented a written report on behalf of the committee recommending that
the City Manager be authorized to enter into a contractual agreement
with Construction Services of Roanoke, Inc., in accordance with the
contract documents as prepared by the City Engineer's Office, in the
amount of $32,456.00 and 90 consecutive calendar days.
A report of the City Manager concurring in the recommendation, was
also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emer§ency Ordinance:
(#28625) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for construction of a wheelchair lift and related
facilities at the Civic Center Coliseum, upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 177.)
272
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None ............
Om
SALE/PURCHASE OF PROPERTY-SEWAGE TREATMENT PLANT: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, recommending that
Council authorize acquisition of Lots 8, 9 and 10, Block 1, Eastover
Place, Official Tax Nos. 4340201, 4340202, and 4340203, from Mr. and
Mrs. Jimmie E. Paitsell for $4,300.00, was before Council.
A staff report explained that the need for land for possible
future expansion of the Sewage Treatment Plant always exists; that City
policy has been to try Lo acquire property which becomes available,
subject Lo the usual considerations of price and funding availability;
that acquisition of the subject property, located along the south side
of Brownlee Avenue, S. E., immediately across the street from the
southerly end of the main Sewage Treatment Plant structure, would pro-
vide a buffer area and future expansion area where City property is now
too close to adjoining properties; that the properties are owned by Mr.
and Mrs. Ji~nie E. Paitsell and contain no residential structures; that
ali structures in this block were heavily damaged by floodin9 in
November, 1985, and three structures have been acquired and demolished
by the City.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28626) AN ORDINANCE providing for the City's acquisition of
Lots 8, 9 and 10, Block 1, Eastover Place, bearing Official Tax Nos.
4340201, 4340202 and 4340203, in the City of Roanoke; and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 178.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................... 7.
NAYS: None .......... O.
CITY PROPERTY-SEWERS AND STORM DRAINS: Council member Elizabeth
T. Bowles, Chairman of the Water Resources Committee, presented a writ-
ten report on behalf of the committee, recommending that Council
authorize the appropriate City officials to execute a lease adding the
Old Vehicle Impound Lot, containing approximately 45,000 square feet to
the area containing approximately 68,000 square feet currently leased
to the Virginia Army National Guard at the Sewage Treatment Plant,
advising that the lease term is to be month to month, and the con-
sideration is to be a nominal $1.00 per year, with a specific prohibi-
tion against using the leased premises for the storage or transfer of
hazardous chemicals or materials.
It w~s explained in a staff report that Virginia Army National
Guard (VaARNG) has leased a portion of the Sewage Treatment Plant pro-
perty, 68,000 square feet, for motor vehicle storage; that the lease
was originally authorized by Ordinance No. 14258 and the most recent
lease was authorized by Ordinance No. 24295, effective June 1, 1979,
for an initial period of five years and continuing on a month to month
basis thereafter.
It was further explained that VaARNG has assigned a new unit, the
229th Chemical Company, to the Roanoke area; that the Company will have
about 100 vehicles to store; that they anticipate needing around 40,000
additional square feet of parking area; that the former Vehicle Impound
m
ACTION:
ACTION:
Lot, containing 45,000 square feet, is located adjacent to the lot now
leased to VaARNG; that they have requested the City to add this area to
their current leased area for the storage of additional vehicles; and
the property will remain fenced and locked and will be maintained in a
manner similar to that of the presently leased property.
It was noted that the City Administration desires that the pro-
posed lessee be made aware that the lease may be terminated in total or
in part at any time it becomes necessary to utilize the property in
conjunction with the Sewage Treatment Plant operations or other City
use; that indemnification should be required even if it can only be
enforced on a moral obligation basis or through special action of the
General Assembly if circumstances require that action; and the City
Administration requires that there be a specific prohibition against
the use of the leased premises for the storage and/or transfer of
hazardous chemicals or materials.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28627) AN ORDINANCE authorizing the leasing of approximately
45,000 square feet of City property located at the Sewage Treatment
Plant, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 180.)
The motion was seconded by Mr. Garland and adopted by the follow-
in§ vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None--- - ......... O.
SALE/PURCHASE OF PROPERTY-BEAUTIFICATION PROJECTS-HOUSING: Coun-
cil member Elizabeth T. Bowles, Chairman of the Water Resources Commit-
tee, presented a written report on behalf of the committee, recommen-
ding that Council accept the property acquired by the Roanoke Redeve-
lopment and Housing Authority, being 0.498 acre of land at the corner
of Williamson Road and Orange Avenue, and authorize the expenditure of
up to $25,000.00 for beautification purposes.
It was explained in a staff report that the Housin9 Authority
acquired three parcels of land in December 1986, totaling 0.498 acre,
designated as Official Tax Nos. 3020202, 3020204 and 3020205, at the
corner of Williamson Road and Orange Avenue for the purpose of beauti-
fication; that the property is within the Deanwood Community Develop-
ment Project area and was acquired with Community Development Block
Grant funds; that $25,000.00 in additional funds were included in the
CDBG budget for landscaping of the property as a gateway to the City
and to Williamson Road; that City Planning, Engineering and Parks
Departments will be developing a landscape plan and it is anticipated
that landscape work will be done by a private contractor.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following ~nergency Ordinance:
(#28628) AN ORDINANCE providing for the City's acquisition of a
.498-acre parcel of property at the corner of Williamson Road and
Orange Avenue, bearing Official Tax Nos. 3020202, 3020204 and 3020205,
in the City of Roanoke, and providing for an emergency.,
..,, &,,. ,~, , .... .
(For full text of Ordinance, see Ordinance Book No. 50, page'179.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor--- 7.
NAYS: None ..... O.
273
274
ACTION:
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREET NAMES: Ordinance No. 28621 renaming Pinevale Road, S. W.,
as Hidden Oak Road, S. W., having previously been before the Council
for its first reading on Monday, April 21, 1987, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering tile following for ils second reading and final adoption:
(#28621) AN ORDINANCE renaming Pinevale Road, S. W., as Hidden
Oak Road, S. W.
(For full text of Ordinance, see Ordinance Book No. 50, page 176.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by tile following vote:
AYES: Council members Bowles, Garland, Harvey, Mosser, Trout,
Bowers and Mayor Taylor- - ............. 7.
NAYS: None-- · ........ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
ACTION:
OTHER HEARINGS OF CITIZENS:
WATER DEPARTMENT: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to study the one bid received from
Industrial Development and Investment Company, in connection with
leasing the water from Muse and House Springs, presented a written
report on behalf of the co~nittee, recommending that Council authorize
a lease with IDICO, in accordance with the advertisement and bid and
such normal lease provisions as deemed prudent by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28629) AN ORDINANCE authorizing the proper City officials to
enter into a Lease Agreement for the water from the Ii, se and House
Springs, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 181.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- . ........7.
NAYS: None-- - ......O.
There being no further business, the Mayor declared the meeting
adjourned at 2:40 p.m.
ATTEST:
APPROVED
City Clerk
Mayor
275
SPECIAL SESSION
ROANOKE CITY COUNCIL
May 11, 1987
1:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 11, 1987, at 1:00 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
Resolution No. 28610, adopted by Council on Monday, April 13, 1987, with Mayor
Noel C. Taylor presiding,
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor-. 7.
ABSENT: None. -0.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City C1 erk.
The invocation was delivered by Mayor Taylor.
The Pledge of ~legiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
COUNCIL: Mr. Trout moved that Council meet in Executive Session
to discuss a personnel matter, pursuant to Section 2.1-344 (al (1),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor- 7.
NAYS: None-- O.
ACTION:
At 2:05 p.m., the Mayor declared the meeting in recess.
At 2:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CITY CODE-TAXES: Mrs. Bowles moved that the following Ordinance
establishing a new cigarette tax rate in the amount of $.0025 per
cigarette (two and one-half mills per cigarette); effective July 1,
1987, be placed upon its first reading:
(#28630) AN ORDINANCE amending and reordaining §32-190, Levied;
amount, of the Code of the City of Roanoke (1979), as amended, to
establish a new cigarette tax rate of $.0025 per cigarette; and pro-
viding for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 196.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members ('~rland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- .......... 7.
NAYS: None .... O.
276
CITY CODE-TAXES: Mr. Trout moved that tl~e following Ordinance
imposing a four percent tax on certain food and beverages sold in the
City of Roanoke, procedures for collection, duties of~ sellers, duties
of local officials with respect to such tax, enforcement procedures,
civil penalties for late payment, and misdemeanor penalty for viola-
tions, effective August 1, 1987, be placed upon its f~irst reading:
(#28631) AN ORDINANCE amending and reordaining the Code of the
City of Roanoke (1979), as amended, by the addition of a new Article
XIV, Tax on Prepared Food and Beverages, to Chapter 32, Taxation; such
new Article XIV imposing a tax on certain food and beverages sold in
the City of Roanoke, pursuant to §58.1-3840, Code of Virginia (1950),
as amended, and providing for the amount of such tax, procedures for
collection, duties of sellers and duties of local officials with
respect to such tax, enforcement procedures, civil penalties for late
payment, misdemeanor penalty for violations of Article and exceptions;
and further providing for an effective date.
ACT[ON:
(For full text of Ordinance, see Ordinance Book No. 50, page 196.)
The motion vas seconded by Mrs. Bowles and adopted by the follow-
ing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................. ----7.
NAYS: None ..........
0
BUDGET: A certificate of the Director of Finance advising that
funds required for the 1986-87 General Fund, Water Fund, Sewage Treat-
ment Fund, Municipal Airport Fund, Roanoke Civic Center Fund, and
Internal Service Fund budgets will be available for appropriation, was
before Council.
ACT[ON:
(For full text, see certificate on file in the City Clerk's Office.)
Mr. Harvey moved that the certificate be received and filed. The
motion was seconded by Mr. Musser and unanimously adopted.
BUDGET-SCHOOLS: Mr. Trout offered the following emergency Ordi-
nance adopting the annual General Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1987, and ending June 30,
1988, in the amount of $125,628,749.00:
ACT[ON:
(#28632) AN ORDINANCE adopting the annual General Fund Appropria-
tion of the City of Roanoke for the fiscal year beginnin9 July 1, 1987,
and endin9 June 30, 1988; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 181.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 7.
NAYS: None ....... .0.
BUDGET-WATER DEPARTMENT: Mrs. Bowl es offered the followin9
emergency Ordinance adopting the annual Water Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1987, and ending
June 30, 1988, in the amount of $4,467,494.00:
(#28633) AN ORDINANCE adoptin9 the annual Water Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1987,
and ending June 30, 1988, and declarin9 the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 183.)
ACTION:
ACTION:
ACT[ON:
ACTION:
277
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............................. 7.
NAYS: None ..................................................... O.
BUDGET-SEWERS AND STORM DRAINS: Mr. Harvey offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1,
1987, and ending June 30, 1988, in the amount of $6,911,482.00:
(//28634) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1987, and ending june 30, 1988; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 184.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- ............... 7.
NAYS: None- O.
BUDGET-AIRPORT: Mr. Bowers offered the following emergency Ordi-
nance adopting the annual Airport Fund Appropriation of tire City of
Roanoke for the fiscal year beginning July 1, 1987, and ending June 30,
1988, in the amount of $2,548,063.00:
(//28635) AN ORDINANCE adopting the annual Airport Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1987,
and ending June 30, 1988; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 185.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Masser, Trout, Bowers,
Bowles and Mayor Taylor- - ...... 7.
NAYS: None- O.
BUDGET-CIVIC CENTER: Mr. Garland offered the following emergency
Ordinance adopting the annual Civic Center Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1987, and ending
June 30, 1988, in the amount of $1,797,024.00:
(//28636) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1987, and ending .June 30, 1988; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 186.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Garland, Harvey, Masser, Trout, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None--- O.
BUDGET: Mr. Trout offered the following emergency Ordinance
adopting the annual Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1987, and ending June 30,
1988, in the amount of $6,341,413.00:
278
ACT[ON:
ACTION:
ACTION:
(#28637) AN ORDINANCE adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1987, and ending June 30, 1988; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 187.)
s'condeMr'ed Trout moved the adoption of the Ordinance. The motion was
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............. 7.
NAYS: None ..................................
O.
BUDGET-PAY PLAN-CITY EMPLOYEES: Mr. Bowers offered the following
emergency Ordinance adopting and establishing a new Pay Plan for offi-
cers and employees of the City, effective July 1, 1987; providing for
certain salary increases; and authorizing annual salary increments for
certain officers and employees for use of private motor vehicles:
(#28638) AN ORDINANCE to adopt and establish a new Pay Plan for
officers and employees of the City, effective July 1, 1987; providing
for merit increases; authorizing annual salary increments for certain
officers and employees for use of private motor vehicles; repealing
Ordinance No. 28133, adopted May 12, 1986, to the extent of any incon-
sistency; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 18B.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ . ..... 7.
NAYS: None .............
BUDGET-COUNCIL-PAY PLAN: Mrs. Bowles offered the following
emergency Ordinance establishing the following annual salaries of the
Mayor, Vice-Mayor and Council members for the fiscal year beginning
July 1, 1987:
Mayor
Vi ce-Mayor
Council members
$15,000.00
12,127.50
10,500.00
(#28639) AN ORDINANCE establishing the annual salaries of the
Mayor, Vice-Mayor and Council Members for the fiscal year beginning
July 1, 1987; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 189.)
Mrs. Bowles moved the adoption of the Ordinance. The motion w~s
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None.
'0o
BUDGET-PAY PLAN-CITY MANAGER-CITY ATTORNEY-DIRECTOR OF FINANCE-
MUNICIPAL AUDITOR-CITY CLERK-DIRECTOR OF REAL ESTATE VALUATION: Mr.
Harvey offered the following emergency Ordinance establishing annual
salaries for the City Manager, City Attorney, Director of Finance,
Municipal Auditor and City Clerk for the fiscal year beginning July 1,
1987, as follows:
ACT[ON:
ACTION:
ACTION:
City Manager
City Attorney
Director of Finance
Director of Real Estate
Valuation
Municipal Auditor
$73,500.00
67,025.00
67,025.00
46,100.00
47,915.00
42,350~00
City Clerk ,
(#28640) AN ORDINANCE establishing annual salaries 'for t~e~ity '~
Manager, City Attorney, Director of Finance, Director of Real Estate
Valuation, Municipal Auditor and City Clerk for the fiscal year begin-
ning July 1, 1987; and providing for an emergency and an effective
date.
(For full text Ordinance, see Ordinance Book No. 50, page 190.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None-
PENSIONS: Mr. Bowers offered the following emergency Ordinance
providing for certain supplemental benefits under the City of Roanoke
Pension Plan to certain members of the Plan and certain of their sur-
viving spouses:
(#28641) AN ORDINANCE providing for certain supplemental benefits
under the City of Roanoke Pension Plan to certain members of such Plan
and certain of their surviving spouses; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 191.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- - ....... 7,
NAYS: None ........
CITY CODE-TAXES: Mr. Musser moved that the following Ordinance
establishing new tax rates, in the amount of $1.25 per $100.00 of
assessed value or fair market value, for all real estate and improve-
ments thereon not exempt from taxation, for mobile homes and for all
real estate and tangible' personal property of public service cor-
porations, effective July 1, 1987, be placed upon its first reading:
(#28642) AN ORDINANCE amending and reordaining §32-16, Levied;
rate, subsection (al of §32-104, Levied; rate, and §32-122, levied;
rat----'~, of the Code of the City df Roanoke "(1979), as amended; to
es--~-~blish new tax rates for all real estate and improvements thereon
not exempt from taxation, for mobile homes and for all real estate and
tan9ible personal property of public service corporations; and pro-
viding for an effective date for these tax rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 201.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor-
NAYS: None- - ....... O.
279
28O
There being no further business, the Mayor declared the special
meetin§ adjourned at 2:50 p.m.
ATTEST:
City C1 erk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 11, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 11, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Masser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor--- 7.
ABSENT: None ...........
--0o
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. DibJing, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend H. Kelly Dampeer,
Pastor, Oakland Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PROCLAMATIONS: The Mayor presented a fr~ied proclamation to the
City Manager from the Kiwanis Club of Roanoke recognizing the County of
Roanoke and the City of Roanoke for cooperation in the formation of the
Roanoke Regional Airport Commission and for their agreement to build a
new terminal at Roanoke Regional Airport. The Kiwanis Club presented
the Valley Cooperation Award to the City of Roanoke and the County of
Roanoke for their outstanding efforts in bringing the Valley together.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORMS DRAINS: Pursuant to notice of advertisement for
bids for construction of the Park Lane, S. W., Duplex Grinder Sewage
Lift Station and Force Main, said proposals to be received by the City
Clerk until 4:30 p.m., on Monday, May 11, 1987, and to be held, opened
and read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
S. C. Rossi & Company, Inc.
Structures & Utilities Company, Inc.
Breakell, Incorporated
Aaron O. Conner General Contractor,
Inc,
$42,452.50
44,416.00
62,999.00
84,343.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, May 11, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on tile request of Marc J. Small,
Attorney, representing Bobby and Lynda Lyon that a 330~ foot portion of
Eton Road, S. W., more specifically described as thaE-portion of Eton
Road beginning at its intersection with Red Oak Lane, S. W., and
running in a westerly direction to the southwest corner of the property
designated as Official Tax No. 5160202 and the northwest corner of pro-
perty designated as Official Tax No. 5160204, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 24,
1987, and Friday, May 1, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, subject to the following conditions, was before
the body.
That the applicant agree to submit a plat of sub-
division for the City's review and recordation,
realigning the property identified as Official Tax
No. 5160204 and dedicating an area at the terminus
of Eton Road, S. W., to the City, sufficient to
provide a public turnaround.
That official closure of this section of Eton Road,
S. W., be made to become effective upon recordation
of such subdivision plat.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28643) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public ri§hr-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 204.)
The motion was seconded by Mr. Garland.
Mr. Marc d. Small, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 28463 was adopted on its first reading by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ....... --7.
NAYS: None ........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 11, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Richard W. Whitney,
representing Fralin and Waldron, Inc., for Medical Facilities of
America LI, a Limited Partnership, that a certain tract of land con-
taining approximately 3/10 of one acre, being a portion of Official Tax
No. 1440321, and located between Maiden Lane and Windsor Avenue on the
west side of Grandin Road, S. W., be rezoned from RD, Duplex Residen-
tial District, to C-1, Office and Institutional District, subject to
certain proffered conditions, the matter was before the body.
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, April 24
1987, and Friday, May 1, 1987. '
(lee publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that development of the properties
for a nursing facility is a reasonable use of the large vacant tract;
that the majority of the site is already zoned for commercial use and
the proposed development would provide a comprehensive approach to uti-
lizing all of the seven properties; that Fralin & Waldron has worked
with the citizens to resolve concerns and to develop a facility that is
compatible with the neighborhood; that a nursing facility is needed in
this area of the city and such facilities are supported by the Compre-
hensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the followin§ Ordinance be placed upon its
first reading:
(#28644) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 144, Sectional 19/6 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 204.)
The motion was seconded by Mrs. Bowles.
The Mayor advised that a number of persons had registered to
address Council and suggested that each speaker limit his or her
remarks to five minutes.
Mr. Robert F. Peck, Director of Development for Medical Facilities
of America (MFA), appeared before Council and advised that MFA was
founded in 1971; that its first project was Camelot Hall Nursing Home
in Salem and it now operates fifteen nursing homes throughout the State
of Virginia, including Camelot Hall Vinton facility.
Mr. Peck said the project specifications involve the construction
of a 120 bed nursing home at the site located on Grandin Road and
Windsor Avenue in the Raleigh Court section of the City; that the
requested rezoning applies specifically to the rear parking lot portion
or three-tenths of an acre immediately behind the site; and the fron-
tage along Grandin Road is presently zoned C-1 which would permit a
nursing home use. He advised that MFA is endeavoring to rezone the
residential site for use in the site plan so that not only necessary
parking requirements will be met but also provide attractive land-
scaping in order that the facility will fit in with the overall
character of the neighborhood.
Mr. Peck said the facility is a one to two story building and will
cover approximately 41,000 square feet; that the one story area is pro-
posed to be the administrative service area and the two story area
involves patient living rooms with 30 rooms per floor. He stated that
the total site is over two acres, with 85% of the site already being
zoned appropriately; that the project Will involve a $4.2 million capi-
tal expenditure, the facility will be a tax paying organization, pro-
viding jobs for approxmiately 92 full-time personnel which will include
approximately 125 full-time and part-time jobs.
Mr. Peck said the need for nursing home beds in the Roanoke Valley
is very real; that apparent expansions in the past few years do not go
far enough to meet the real issue of need which faces the City of
Roanoke and the Fifth Planning District. He advised that when one
looks at the zip code area of 24015, which is the Raleigh Court area,
the population in that area has produced the highest number of nursing
home patients in nursing homes of any zip code area in the City, with
the exception of the zip code area that contains Friendship Manor. He
said there are no nursing home beds located within the area MFA propo-
ses to serve which is the crux of the reason they have chosen this par-
283
284
ticular site. He explained that NFA is offering an opportunity for the
Raleigh Court community to provide for the needs of its elderly as they
transcend their independent living ability into an area where they need
assistance, supervision and care.
Mr. Peck advised that during the entire development process MFA
has been closely involved in addressing issues, answering questions and
alleviating site development problems which have arisen; that they have
tried to be accessible to the neighborhood groups, noting that repre-
sentatives of MFA have met approximately ten times with the Greater
Raleigh Court Civic League.
Mr. Peck said a major concern has been water pressure in the area
surrounding the site in which citizens have been plagued by low
pressure, advising that MFA has agreed to run an 8" water main through
existiny alleyways approximately 1100' to tie in with the Chesterfield
system, which pressurized system has approximately double the water
pressure of the gravity flow. He stated that MFA has hired an inde-
pendent engineer who has, in addition to the City Engineer, indicated
that tying into the Chesterfield system will be acceptable and will not
have a negative impact on the surrounding community in terms of water
pressure. He said in terms of the sewer system, there will be a gra-
vity system tying into the Bluemont connection; that in reference to
water drainage runoff, MFA has hired an independent engineer to address
the matter and determine what problems the development may impose, if
any, and recommend remedial action, noting that the City's Building
Code will require that the project, before receiving a-building permit,
must show appropriate control of water in the way of an on-site reten-
tion system.
Mr. Peck said the most emotional issue has been relative to traf-
fic, advising that it is the objective of MFA to provide a facility
which is going to be safe, not only for residents of the nursing home
but for the community at large, adding that MFA has to be concerned
about the number of parking spaces the site will require because it has
been pointed out that parking along the streets in the neighborhood,
particularly on Sunday, is very tight. He said 68 parking spaces are
shown on the site plan; that initially there were 70 spaces, but in
keeping with the intent to provide a nice screening system, two spaces
have been deleted to allow for additional vegetation between the lot
and the proposed fence.
Mr. Peck said MFA is endeavoring to verify and provide credability
to every element of its operation in order to remove all doubt about
the development. He stated that MFA is aware of the concern of resi-
dents relative to traffic on Windsor Avenue and they are willing to
place a sign on the property informing motorists that no right turn
will be permitted for those exiting the nursing home property.
Mr. Louis Ellis, President of the Greater Raleigh Court Civic
League, appeared before Council and advised that the Civic League
formed a committee consisting of two individuals whose property borders
the project, two individuals who are located in the 2000 block of
Windsor Avenue, and four current or past officers of the Greater
Raleigh Court Civic League to meet with representatives of Fralin and
Waldron, Inc., and Medical Facilities of Pmerica, Inc., to work out
concerns relative to the proposed rezoning.
Mr. Ellis pointed out that engineering studies, which cover major
areas of concern, have not been completed, but it is anticipated that
the studies will be complete well in advance of the Board of Zoning
Appeals' hearing, noting that the developers are workin9 closely with
the Civic League, resulting in the resolution of a number of concerns
to the mutual satisfaction of the con~nittee and the developers.
Mr. Ellis said the Raleigh Court family has unfortunately been
divided over the issue; that support for the project has been limited
to date in deference to those who live in the area most affected during
which time issues were being worked through, and some of the opposition
to the project has been vociferous and largely unsubstantiated by
facts; and iL appears as if a substantial portion of the findings of
the opposition have been fueled by reluctance to change, emotionalism,
misinformation, elements which have no place in an objective decision
making process. He stated that the Civic League strives to meet its
objective of making Raleigh Court a desirable place to live while main-
taining the integrity of the neighborhood; that he realizes the bulk of
285
the land is currently zoned C-l, but more importantly, he represents
the silent elderly in the area who have quietly approached the Civic
League with pleas to support a project that could reduce the physical
distance which separates them from friends and relatives in other
nursing facilities. He said some of the opposition offers little in
the way of constructive criticism, reasonable alternative approaches or
compromise·
In closing, Mr. Ellis stated that the Greater Raleigh Court Civic
League supports the proposed nursing home with the understanding that
the remaining concerns will be resolved to the mutual satisfaction of
the co,nitre· and the developer, and urged that Council recognize the
fact that the Civic League is acting in the best long-term interest of
the neighborhood and approve the request.
Mr. Garry A. Fleming, 2128 Windsor Avenue, S. W., appeared before
Council and spoke on behalf of members of the Concerned Citizens of
Raleigh Court, and representing approximately 200 residents in opposi-
tion to the request. He said they are not in opposition to nursing
homes, but expressed concern about this particular site, advising that
concerns differ from neighbor to neighbor, but may be summarized as
follows:
1. site size versus structure size;
e
traffic congestion on Grandin Road and Windsor
Avenue;
3. parking overflow on Windsor Avenue;
inadequate storm drainage;
5. reduced water pressure;
6. fire reserve capacity;
negative aesthetic impact on the neighborhood;
and
8. reduced property values.
Mr. Fleming said from the outset there has been misinformation,
mistrust and a total lack of communication between the Concerned
Citizens of Raleigh Court, the Greater Raleigh Court Civic League and
ltedical Facilities of America. lie said a meeting was held on Saturday,
Ray 9, between members of the Concerned Citizens of Raleigh Court, the
Civic League and MFA to respond to concerns; that much was accomplished
to help close the gap between the opposing sides of the issue; that
m, any issues remain unanswered, however, they are not issues that cannot
be taken care of through continuing negotiations and good faith bar-
gaining, advising that there are questions that cannot be addressed by
tIFA which deal with certain City Codes.
Mr. Fleming made the following proposal in order to reevaluate
opposition to the project:
that there be continued dialogue regarding
concerns with RFA;
that Concerned Citizens of Raleigh Court be
advised by the City or MFA regarding City Code
requirements under which the facility will be
constructed;
that members of the Concerned Citizens of
Raleigh Court be given an opportunity to serve
on the neighborhood committee formed by MFA
and the Greater Raleigh Court Civic League to
iron out grievences between the neighborhood
and the developer.
286
Hr. Larry p. Keoughan, 2042 Nindsor Avenue, S. N., appeared before
Council and advised that his concerns relate to traffic, sewers, and
water pressure. He said he believes the attitude Fralin & Waldron has
shown throughout discussions has indicated that they are a reliable,
trustworthy group. He stated that he would like for something to be
done about the traffic situation on Windsor Avenue. He advised that he
is not in opposition to the project; that the project would be a credit
to the neighborhood, and he would like to see the nursing home
constructed according to specifications proposed by the petitioner.
Mrs. JimM. Snidow, 2~9 Maiden Lane, S. W., appeared before Coun-
cil and advised that she lives in closest proximity to the proposed
nursing home. She said she is afraid that if Council approves the
request, it will open the door for other commercial property to locate
in the area and property values will decrease. She stated that she is
not opposed to a nursing home, but the proposed plans are entirely too
large for the two acre lot. She said she would be in favor of a sixty
bed nursing home, with the back lot left forever in a condition that
could never be rezoned. She complained of poor water pressure; and
closing, she said the property and the project are not compatible and
requested that Council deny rezoning of the back lot.
Ms. Vicki L. Osborne, 2042 Maiden Lane, S. W., appeared before
Counci! and advised that she has been working with the Greater Raleigh
Court Civic League, Fralin & Waldron and MFA and an agreement has been
reached in reference to landscaping and relative to fencing which has
been a concern of property owners adjacent to the proposed facility.
She said she is not opposed to the proposed nursing home and it is her
understanding that property owners adjacent to the proposed project are
not in opposition and they are the people who are going to be most
affected by the facility. She presented a communication from
Kathleen W. Wilson, property owner of 2045, 2038 and 2302Maiden Lane,
S. W., advising that she has no objection to construction of the pro-
posed nursing home.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Anthony R. Stavola, 1836 Greenwood Road, S. N., appeared
before Council and advised that he is speaking as a resident of the
area, as a physician with a large population of elderly patients, and
through his experience with patients in the nursing home setting. He
said there is a real need to be filled for people in the neighborhood,
and stated the importance of having a nursing home in the general area
of residents of its occupants.
Dr. Stavo]a advised that Fralin & Waldron has worked with the com-
munity on matters of concern and resolved the concerns to the satisfac-
tion of most of the residents; that the quality of their other
facilities is high; that the future of the property should be taken
into consideration; and he does not think any other facility could add
any more to the neighborhood or meet any of the other concerns in terms
of traffic. He said senior citizens in the area would be able to live
a fuller life if they are able to live in the community; that the need
is real, the petitioner will do a good job in addressing the needs; and
urged Council's approval of the request.
Mr, E~ett H. Dudding, III, 1911Bluemont Avenue, S. W., appeared
before Council and advised that a nursin§ home will not be the highest
and best use of the site. He called attention to a five acre site in
the general area at the intersection of Brandon Avenue and Edgewood
Street in which a Maryland medical firm proposes to construct a 120 bed
facility. He spoke in opposition to the request for rezoning and
advised that a facility of this size is not needed in the neighborhood
inasmuch as there is an alternative site available.
Following considerable discussion of the request, Ordinance No.
28644 was adopted on its first reading by the following vote:
AYES: Counci! members Garland Musser, Trout, Bowers Bowles and
Mayor Taylor ....... ' ,
'6o
NAYS: None ........
(Council member Harvey abstained from discussion and voting inasmuch as
he is employed by Fralin & Waldron, Inc.)
ACTION:
At 9:06 p.m., the Mayor declared the meeting in recess.
At 9:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
287
HOUSING-GRANTS: Pursuant to action taken by the Council at its
regular meeting on Monday, May 5, 1987, the City Clerk having adver-
tised a public hearing for Monday, May 11, 198/, at 7:30 p.m., or as
soon thereafter as the matter may be heard, to consider an mnendment to
the City's three-year Housing Assistance Plan (HAP) for submission to
the United States Department of Housing and Urban Development for
review and approval, tile matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday, May 1,
1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that the Housin9 Assistance
Plan is a required part of the Community Development Block Grant
program which describes local housing conditions and sets quantitative
goals for providing housing to low and moderate income residents; that
entitlement com~nunities must prepare a HAP according to statutory
requirements to receive CDBG funds; and the Roanoke Redevelopment and
Housing Authority has been invited to apply for 71 units under the HUD
Housing Voucher Program.
It was explained that the current HAP (effective through September
1988) must be amended to provide for the additional units, and to pro-
vide for anticipated needs in the near future; that the current three
year goal for existing housing subsidy is 2DO units; that the City has
received 169 units including 100 units-to provide for residents
displaced by the 1985 floods; that the Housing Authority has applied
for 11 additional vouchers; that Project Self-Sufficiency, if reac-
tivated in the near future, would provide 50more rent subsidy vouchers
that must be included in the HAP; and the proposed amendment to HAP
increases the three year goal of existing housing assistance from 200
units to 300 units.
(For full text, see report on file in t~e City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28645) AN ORDINANCE amending the City's Community Development
Block Grant Housing Assistance Plan; authorizing the City Manager or
the Assistant City Manager to file appropriate papers, if necessary,
with the United States Department of Housing and Urban Development Lo
effect such amendment to the City's Plan; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 192.)
No individual wishing to address Council regarding the public
hearing, Mr. Bowers moved the adoption of the Ordinance. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Tayl or .......... .-7.
NAYS: None ..........
.CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel ~tters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
288
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 13, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... -7.
NAYS: None ........
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (195
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (195Q, as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... --7.
NAYS: None ....... ~
AIR POLLUTION: A report of qualification of Robert C. Hudson as a
member of the Advisory and Appeal Board, Air Pollution Control, for a
term of four years ending December 31, 199~ was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. T~e motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ......... ~
REGULAR AGENDA:
HEARING UF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6410- $10~,892.00 for the Alternative
Education Program for 1987 to pro-
vide instruction and guidance ser-
vices to secondary level students
who are at risk of leaving school.
This appropriation represents
local match funds in support of
$12 O, OOO. O0 previously appro-
p ri ated.
ACTION:
289
Grant No. 6929 - $3,000. O0 for the Chess Program to
provide instructional materials
for the program and will allow
needy students to participate in
area chess tournaments. The funds
were contributed by Dominion Bank.
The Board furtller requested that Council transfer $19,538.00 from
the School Board Contingency Account to the Roof Repair Account to pro-
vide funds to repair the roof at Fallon Park Elementary School.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request to appropriate funds for two grants and transfer of funds
witl~in the School Board's General Fund budget; that the Alternative
Education Program is currently funded with $1?O, UO0. OO in federal funds
which were previously appropriated; that this report will appropriate a
local grant match of $1L6,892.00 to the grant; that funding for the
local match of $1~,Bg2.00is available within the instruction category
of the School Board General Fund accounts in a line item account
entitled, "Other Instructional Costs", and this line item had an origi-
nal budget of $383,318.00; and will have $73,:~03.00 of unobligated
funds remaining if Council approves the transfer; and the Chess Program
grant is funded by a $3,000.00 contribution from Dominion Bank was
before the body.
It was noted that the report also requests that Council approve a
transfer of $19,538.00 from "Other School Expenditures" category of
education accounts to the "Capital Outlay" category of education
accounts in the City's General Fund for roof repairs, and recon~ending
that Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28646) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations and providing for
an emergency. '
(For full text of Ordinance, see Ordinance Book No. 5~ page lg3.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... -7.
NAYS: None ........
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECO~ENDED FOR ACTION:
HUUSING-GRANTS-PUBLIC ASSISTANCE: The City Manager submitted a
written report advising that he com~nissioned a Task Force on Homeless-
ness in December, 1986, to study the issue and publish its findings;
that the City of Roanoke and local shelter providers are working to
meet the needs of families and individuals requiring shelter; that
families and individuals whose need for shelter results from crisis
situations have fewer options than other homeless persons; and TRUST is
one of the few agencies which offers temporary twenty-four hour
emergency shelter to persons in crisis.
290
It was exp]ained that Virginia Shelter Grants Program (VSGP) funds
are available to localities to assist service providers such as TRUST
with the rehabilitation of existing structures to meet building code
standards for emergency shelter space; that VSGP requires that the
grant recipient must be the local governing body; and TRUST has a pro-
ject ready to go and has expressed a need for the grant funds.
The City Manager recommended that he be authorized to pursue
funding throu§h the VSGP, thus allowing TRUST to maintain its shelter
facilities; that the impact on services in the City would be positive,
maintaining the current level of emergency shelter service for families
and individuals in crisis; and funding is available, if the grant is
approved, from sources as follows:
Virginia Shelter Grant Program
TRUST (In-kind contribution)
$19,644. O0
28,26 O. O0
TOTAL $ 47,9 04. O0
No City funds are required
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28647) Adt ORDINANCE authorizing the City Manager to pursue
funding from the Department of Housing and Community Development (L)HCD)
through the Virginia Shelter Grants Program (VSGP) and to execute and
file such certifications as are necessary with the DHCD in order to
obtain a grant of funds to provide for certain emergency shelter ser-
vices for families and individuals in the City; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 194.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ....... --7.
NAYS: None ......... O.
OIRECTUR OF FINANCE:
TAXES: The Director of Finance submitted a written report
advising that by letter of May 6, 1987, Council member Bowers asked
that he furnish Council with information regarding the amount of funds
not collected by the City of Roanoke from the four tax sources Council
members have found suitable to cut tax rates since fiscal year 1977;
and what these figures represent are the total amount of revenue that
the City of Roanoke would have had available to spend if the Council
had not reduced the tax rate in each category.
Personal Property
Real Estate
Utility Tax
Business & Occupational License Fees
$ 9,167,987
43,146,562
55,486,11 0
2~600, 000'
Total $128,400,659
*Difficult to figure as this category had so many
different rate changes, but it is believed the
overall reductions averaged approximately 66%. 56%
is used for an average figure.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report be received and filed.
was seconded by Mr. Bowers and unanimously adopted.
REPORTS OF C~MITT££S:
The motion
291
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a co~nittee appointed by the Mayor to tabulate bids
received for construction of Mud Lick Creek Sanitary Sewer - Phase I,
presented a written report on behalf of the committee recommending the
following:
Authorize the establishment of project funding of
$630, 000. O0 ($599,932.68 contract amount and
$30,864.32 contin§ency) by:
Transferring $597,750.00 from the Construction
Contingency Account No. 068-666-8406-9113 to the
Mud Lick Creek Sanitary Sewer Construction Account
No. 003- 666-8418-9 068.
Transferring $32,250.00 from the completed Garden
City Sanitary Sewer Account No. 003-666-8415-9068
to the Mud Lick Sanitary Sewer Construction Account
No. 003- ~6-84(]6-9068.
Award a Unit Price Contract to H. Hamner Gay Co.,
Inc., in the amount of $599,935,68, in a form
acceptable to the City Attorney.
Reject all other bids received.
ACTION:
ACTION:
A report of the City Manager concurring in the recon~endation of
the Bid Committee, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28648) AN ORDINANCE to amend and reordain certain sections of
the lgB6-87 Sewage Fund Appropriations, and providing for an ~nergency.
(For full text of Ordinance, see Ordinance Book No. 5~ page 194.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... .7.
NAYS: Hone ..........
Mr. Garland offered the following emergency Ordinance:
.(#28649) AN ORDINANCE accepting the bid H. Hamner Gay and Co.,
Inc., for Mud Lick Creek Sanitary Sewer - Phase I Project upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 5~ page 195.) ~
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council .members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... .7.
NAYS: None ........ ~
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
292
ACTION:
ACTION:
ACTION:
BUILDINGS-CITY ENGINEER: Ordinance No. 28624 establishing local
authority Lo issue stop-work orders on erosion and sediment control
work being done improperly, having previously been before the Council
for ils first reading on Monday, May 4, 1987, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28624) AN ORDINANCE adding a new §11-13, Monitoring; inspec-
tions; stop-work orders, to Chapter 11, Erosion an~ Sediment Control,
Code o------~-the'City of Roanoke (1979), as amended.
(For full text of Ordinance, see Ordinance Book No. bo, page 179.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None .......... 0.
CiTY PROPERTY-SEWERS AND STORM DRAINS: Ordinance No. 28627
authorizing the leasing of approximately 45,000 square feet of City
property located at the Sewage Treatment Plant to the Virginia ArnlY
National Guard, upon certain terms and conditions, havin9 previously
been before the Council for ils first reading on Monday, May 4, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for ils second reading and
final adoption:
(#28627) AN ORDINANCE authorizing the leasing of approximately
45,000 square feet of City property located at the Sewage Treatment
Plant, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 180.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... 1.
NAYS: None .......
WATER DEPARTMENT: Ordinance No. 28629 authorizing the proper City
officials to enter into a Lease Agreement with the Industrial Develop-
ment and Investment Company for water from the Muse and Rouse Springs,
upon certain terms and conditions, havin§ previously been before the
Council for its first reading on Monday, May 4, 1987, read and adopted
on ~its first reading and laid over, was again before the body, Mr.
Garland offering the following for its second reading and final adop-
tion:
(#28629) AN ORDINANCE authorizing the proper City officials to
enter into a Lease Agreement for the water from the Muse and House
Springs, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 181.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,.~
Bowles and Mayor Taylor ......... -7.
NAYS: None ....... ~
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF C~TIZENS: NONE.
293
There being no further business, the Mayor declared the meeting
adjourned at 9:25 p.m.
ATTEST: ~
City C1 erk
APPRUVED
294
REGULAR WEEKLY SESSION ..... ROANO~ CITY COUNCIL
May 18, 1987
2: OU p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Bui]ding~ 215 Chqrch Avenue,
S. W., City of Roanoke, ,on Monday, May 18, 198/, at ~2':qBO~'p,nl., the
meeting hour, with Mayor moel C, Taylor presiding, pursuant to Rule'1, R~r~ar
_Meetings, of Section 2-15, Rules of Procedure, Code of the City or--Roanoke
(1979), as amended.
PRESENT:
David A, Bowers,
Taylor ........
Council members James G. Harvey, II, Howard E. Musser,
Elizabeth T. Bowles, Robert A. Garland and Mayor Noel C.
6.
ABSENT: Council member James O. Trout ......... 1,
OFFICERS PRESENT: Mr. Earl B. Reynolds, Jr., Assistant City Manager;
Mr. Wilburn C. Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of
Finance; and Ms. Mary F. Parker, City Clerk.
The meeting was opened with a prayer by l,iayor Noel C. Taylor.
The Pledge of A)legiance to the Flag of the United States of America
was led by Mayor Taylor.
PROCLAMATIUNS: The Mayor presented a proclamation declaring
Monday, May 18, 1987, as Student Government Day in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
The Mayor advised tht Student Government Day was established to
provide Roanoke City Senior High School students, who will be the
twenty-first century leaders, with an opportunity to experience how
public officials are elected, and their duties and responsibilities.
Me stated that the following students from The CITY School, William
Fleming High School and Patrick Henry High School have participated in
the program:
Cindy Arbogast
Melissa Basham
Scott Boeh
Renee Bohanna
Michael Borzotra
Gordon Boyd
Corey Bulls
Tom Cadora
Leigh Carter
Curt Clifton
L~wen Corrie
David Garland
Elizabeth Goode
Heather Grimes
Sarah Gwaltney
Karin Harkness
Jennifer Harris
Kimberly Harris
Shannon Hawley
Anne Henson
Angel Hill
Chris Morton
Robert Humphrey
Camil]e Hutchison
Megan Janney
Robert Jeffrey
Jennifer Kelly
Shannon Kelly
Tiffany Kidd
Alisha Kier
Robert King
Brenda Lawson
Joseph Levi ne
dayni ne Lightfoot
lhomas Mauney
Mel issa McDaniel
Robbie Morris
Christina Patterson
Rick Perkins
Joan Pleisse
Kimberly Rotter
Ginger Scott
Jonathan Shapiro
Brian Sweeney
Jarret Turpin
Matt Waldo
Jul ie Webb
Derondo Willis
Lavern Wilson
Richard Winstead
Beth Wood
Jonathan Yingling
Mayor Taylor expressed appreciation to Signet Bank for providing
the opportunity for students, City officials and guests to celebrate
with a luncheon as a part of the day, and presented the proclamation to
Mr. Guy W. Byrd, Jr., Senior Vice-President, Signet Bank.
PUBLIC WORKS-CITY EMPLUYEES: The Mayor presented a proclamation
declaring the week of May 11 - 23, 198/, as National Public Works Week
in the City o[ Roanoke, and called upon all citizens and civic organi-
zations to acquaint themselves with the problems involved in providing
295
public works, and to recognize the contributions that public works
officials make every day to the health, safety and comfort of the citi-
zens of the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
The Director of Public Works appeared before Council and advised
that certain employees in the Public Works Directorate were honored
during 1986-87 as "Employees of the Quarter" in recognition of meri-
torious service; whereupon, the City Clerk read the following names:
First Quarter - May/~ul_y 1986
Calvin R. Deel, Motor Equipment Mechanic II
Anita A. Hengeli, Communications Dispatcher II
William R. Divers, Construction Inspector
Larry 1). Xice, Maintenance Mechanic II
Paul L. Kegley, Security/Custodian
James R. Cai laban, Laborer/Operator
Clarence Evans, Jr., Motor Equipment Operator I
Second Quarter - August/October 1986
Motor Vehicle Maint.
Communications
Engineering
Building Maintenance
Custodial Services
Street Maintenance
Refuse Collection
James L. Hicks, Crew Supervisor
Oswald E. Powers, Signal Technician I
David M. Hatcllett, Building Inspector
James H. Taylor, Custodian I
G. Roger Barton, Maintenance Mechanic III
Cleatus O. Beckner, Motor Equipment Operator II
Roy T. Barnes, Sanitation Worker
Third Quarter - November/January 1987
Motor Vehicle Maint.
Signals & Alarms
Building Inspections
Custodial Services
Building Maintenance
Street Maintenance
Refuse Collection
Sandra E. Freeman, Administrative Secretary
June C. Wilkes, Communications Dispatcher I
Hulon E. Basham, Survey Aide II
W. Eugene Saunders, Custodian I
Ronald L. Payne, Trades Helper
John T. Edwards, Laborer
Leroy Haley, Motor Equipment Operator
Fourth quarter - February/April 1987
Rachel L. Anderson, Administrative Secretary
Martha P. Franklin, Administrative Assistant
Henry T. Haskins, Motor Equip. Mechanic Helper
JoAnne H. Short, Traffic Signal Programmer
Susan A. Jacobs, Zoning Inspector
Florine S. Keen, Custodian I
Franklin D. Meador, Trades Helper
Carl C. Cuckler, Motor Equipment Uperator I
Motor Vehicle Maint.
Communications
Engineering
Custodial Services
Building Maintenace
Street Maintenance
Refuse Collection
Street Mai ntenance
P1 anning
Motor Vehicle Maint.
Signals & Alarms
Building Inspections
Building Maintenance
Building Maintenance
Refuse Collection
The Director of Public Works further advised that three employees
were recognized to receive a Meritorious Service Award in honor of a
specific service rendered to the City; whereupon, Mr. Clark presented
certificates toMartha P. Franklin, Calvin R. Deel and JoAnne H. Short.
The Mayor advised that it gives him a great deal of pleasure to
announce that Larry D, Rice has been named as Employee of the Year in
the Public Works Directorate. He said Mr. Rice is a certified
locksmith who is responsible for the lock systems in all City
buildings, has been frequently commended by his supervisors and by
managers of various departments of the City for the excellent manner in
which he performs his assigned tasks; that he has an exemplary atten-
dance record and has demonstrated an exceptional sense of duty and
responsibility,
Mr. Harvey offered the following Resolution:
(#2865Q A RESOLUTION recognizing LARRY D. RICE as Employee Of
The Year in the Public Works Directorate.
(For full text of Resolution, see Resolution Book No. 5~ page 266.)
296
ACTION:
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the fo)lowing vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ............... 6.
NAYS: None
(Council member Trout was absent.)
On behalf of the members of Council, tile City Manager, and the
Director of Public Works, the Mayor presented Mr. Rice with a framed
copy of the above resolution, an appropriately engraved plaque, and a
$10bDO savings bond.
PROCLAJqATIUNS: The Mayor presented a proclamation dec]arin9 the
period of May 18 - 22, 1987, as Roanoke Hawks Week in the City of
Roanoke, and urged Roanoke citizens to support and encourage the team as
they prepare to compete in the National AAU Championships in Jonesboro,
Arkansas.
(For full text, see proclamation on file in the City Clerk's Office.)
The Mayor presented the proclamation to Mr. Eddie C. Blair, repre-
senting the Roanoke Hawks.
CONSENT AGENDA:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. The Mayor requested that an Execu-
tive Session which he had previously placed on the agenda to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by Council be withdrawn.
MINUTES: Minutes of the regular meeting of Council held on
Thursday, April 16, 1987, were before the body.
(For full text, see minutes on file in the City ClerK's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None ...........
(Council member Trout was absent.)
OFFICE ON YOUTH: A report of qualification of Corinne B. Gott as
a member of the Youth Services Citizen Board, for a term ending May 31,
1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Musser moved that the report of qua)ification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by tim
following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ........ -6.
NAYS: None ........
(Council member Trout was absent.)
REGULAR AGENDA:
297
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND C~4MUNICATIUNS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
TAXES: The City Manager submitted a written report advising that
assessments for personal property taxes are made by the Commissioner of
Revenue; that billing for and collecting of personal property taxes are
made by the City Treasurer; that 27,SUOreturns were filed prior to the
deadline of each year and 14,000 memo assessments were prepared
manually for taxpayers who did not file by the deadline; that esti-
mating revenue was difficult until after the payment deadline; and
accounts receivable ledgers were entirely manual.
It was explained that a mandatory filing deadline of February 15
with a ten per cent filing penalty was established by Council pursuant
to Urdinance No. 28333 on September 8, 1986, effective January 1, lg87;
that advertisements and other media coverage were used to inform citi-
zens and encouraged the use of mail for filing personal property; and
new procedures with enhanced computer support for handling personal
property filing, assessing and tax receivables have been implemented by
the Commissioner of Revenue and Treasurer, as follows:
Returns are preprinted with vehicle and other per-
sonal property information.
Returns are mailed first class mail; undeliverable
mail is researched for proper address and remailed.
Information is exchanged between county and city
Commissioners of Revenue for taxpayers who move
from one jurisdiction to another.
Assessments of property have become more efficient
with computer support.
Computer prepares regular bills and memo bills.
Indentification and updating of receivables
accounts during the payment process is now pro-
vided.
Balancing collections against assessments is now
easier and more timely.
Five year delinquent personal property taxes will
be maintained on computer requiring delinquent
taxes to be paid prior to selling current year
decal.
The City Manager advised that a mandatory filing date with penalty
has resulted in approximately 1~945 more returns being filed by the
filing deadline: 41,600 returns mailed to taxpayers and 38,445 returns
assessed at March 31; that the above figures should have an impact on
reducing taxpayer lines and memo bills around the last part of May;
that new procedures with enhanced computer support have improved the
assessment and collection for both current and delinquent personal pro-
perty taxes; that probablity of taxpayer lines has been reduced but not
.eliminated; that some taxpayers will wait until the deadline to file;
that many more will wait until the deadline to pay the tax, and when a
large number of those taxpayers appear at the Commissioner's and
Treasurer's Offices, there will be lines.
(For full text, see report on file in the City Clerk's Office.)
298
ACTION:
Mr. Garland moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
ITEMS RECOM~£NDED FOR ACTION:
BUDGET-LIBRARIES: The City Manager submitted a written report
advising that the Administration of the Roanoke Public Library system
was notified by the Virginia State Library on April 15, 1987, that
federal aid, in the amount of $4,459.00, has been added to the library
system's account at the State Library; that this is the last year
libraries will receive federal aid in this form; that in the future,
federal monies will be awarded in grant form; and this addtional money
must be spent by June 1, 1987, and may be used for any purpose con-
nected with the support of library services, except the payment of
rents and utilities.
It was explained that the Roanoke City Library is a resource
center for Southwest Virginia and as such, its Reference Department
materials get heavy use and abuse; that when the department was relo-
cated to a new wing of the library, the staff reported a need for bin-
ders and other storage items for an expanded collection of periodicals
and documents, and $1,~g.oo of the federal aid would be expended for
these materials; that the Audio-Visual Department has made a con-
centrated effort to enhance its collection of spoken arts cassettes for
tile visually impaired and educational videos and $832,00 of this
federal aid would be used to purchase storage/circulation materials for
the videos.
It was noted that all of the activities of the Circulation Depart-
ment are being redesigned, and in this process the size of all items of
correspondence has been changed; that $363.00 of the federal aid would
be used to purchase compatible window envelopes; that the remainder of
the federal aid, in the amount of $2,245.0~ would be used for the
purchase of books and related materials; and the library administration
recommends that federal aid monies be expended as follows:
$1,~9.00 for storage items for the Reference
Department,
$832.00 for storage/circulation items for the Audio
Department,
$363.00 for window envelopes for the Circulation
Department, and
$2,245.00 for books and related materials for the
library system.
The City Manager recommended that Council accept the additional
monies of the federal aid for the Roanoke City Public Library and
appropriate $4,459.00 to the Library budget for 1986-87, as follows:
$2,214.00 to Administrative Supplies, #0~-(]64-
731
$2,245. O0 to Publications, #001-(64.7310.204~ and
Increase the revenue estimate by $4,459.00 for
Federal Aid to Libraries, #001.6~1234_0/05.
The City Manager further recommended that he or his designee be
authorized to execute the necessary documents accepting the federal aid
for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
ACTION:
ACTION:
299
(#28651)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No, 50, page 205.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ....... 6.
NAYS: None ........
(Council member Trout was absent.)
Mr. Bowers offered the followiny Resolution:
(#28652) A RESOLUTION accepting additional Federal funding in the
amount of $4,459. 00 for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 205.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ....... .6.
NAYS: None ........
(Council member Trout was absent.)
BUDGET-EQUIPMENT-YOUTH: The City Manager submitted a written
report advising that the City of Roanoke has previously received funds
on a reimbursement basis from the United States Department of
A§ricu]ture (USDA), through the Virginia Department of Corrections, to
purchase food service equipment for the Crisis Intervention Center
(Sanctuary), Juvenile Probation House (Youth Haven), and Juvenile
Detention Home; and USOA funds for the third quarter of fiscal year
1986-87 have been received by the City of Roanoke for facilities, as
follows:
Crisis Intervention Center
Juvenile Probation House
Juvenile Detention Home
$1,0B4.00
875.00
2,011. O0
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home, as follows:
Crisis Intervention Center - Revenue
001-(~0-1234-0561 - USDA - Crisis Intervention
$1,6B4. O0 to Account No. 001-054-336~3000
Juvenile Probation House - Revenue
001-0~0-1234-0662 - USDA - Youth Haven
$875. O0 to Account No. 001-054-335~3000
Juvenile Detention Home - Revenue
001-0E0-1234-0660 - USDA - Juvenile Detention
$2,011. O0 to Account No. 001- 064-3320-3000
Total Revenue and Appropriations
$3,97 O. O0
(For full text, see report on file in the City Clerk's Office.)
300
ACTION:
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#28653)
the 1986-8/
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 5~ page 2~.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the foJlowing vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ........ 6.
NAYS: None ~
(Council member Trout was absent.)
DIRECTOR UF FINANCE:
FINANCIAL REPORTS:
cia1 report of the City of Roanoke for the month of April, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Garland and adopted.
The Director of Finance Submitted the finan-
The
REPORTS OF CO(~ITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
CITY CODE-TAXES: Ordinance No. 28630 establishing a new cigarette
tax rate; in the amount of $.0~5 per cigarette {two and one-half mills
per cigarette); effective duly 1, 1987, having previously been before
the Council for its first reading at a special meeting held on Monday,
May 11, 1987, read and adopted on its first reading and )aid over, was
again before the body, Mr. Harvey offering the following for its second
reading and final adoption:
(#2863~ AN ORDINANCE amending and reordaining §32-190, Levied;
amount, of the Code of the City of Roanoke (1979), as amended, to
establish a new cigarette tax rate of $.0~5 per cigarette; and pro-
viding for an effective date.
(For full text of Ordinance, see Ordinance Book No. 5~ page 196.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ....... --6.
NAYS: None ...........
(Council member Trout was absent.)
CITY CODE-TAXES: Ordinance No. 28631 imposing a four percent tax
on certain food and beverages sold in the City of Roanoke, procedures
for collection, duties of se)lets, duties of local officials with
respect to such tax, enforcement procequres, civil penalties for late
payment, and misdemeanor penalty for violations, effective August 1,
1987, having previously been before the Council for its first reading
at a special meeting held on Monday, May 11, 1987, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
.!
t
ACT[ON:
ACTION:
ACTION:
(#28631) AN ORDINANCE amending and reordainin9 the Code of the
City of Roanoke (1979), as amended, by the addition of a new Article
XlV, Tax on Prepared Food and Beverages, to Chapter 32, Taxation, such
new Article X[V imposin9 a tax on certain food and beverages sold in
the City of Roanoke, pursuant to §5~.1-3840, Code of Virginia (195~,
as amended, and providing for the amount of such tax, procedures for
collection, duties of sellers and duties of local officials with
respect Lo such Lax, enforcement procedures, civil penalties for late
payment, misdemeanor penalty for violations of Article and exceptions;
and further providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 196.)
Mr. Bowers moved tile adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the followin9 vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor .......... 6.
NAYS: None ........
Oe
(Council member Trout was absent.)
CITY CODE-TAXES: Ordinance No. 28642 establishing new tax rates,
in the amount of $1.25 per $10~00 of assessed value or fair market
value, for all real estate and improvements thereon not exempt from
taxation, for mobile homes and for all real estate and tangible per-
sonal property of public service corporations, effective July 1, 1987,
having previously been before the Council for its first reading at a
special meeting on Monday, May 11, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28642) AN ORDINANCE amendin9 and reordainin9 §32-16, Levied;
rate, subsection (a) of §32-104, Levied; rate, and §32-122, ~
rate, of the Code of the City of Roanoke (1979), as amended; to
establish new tax rates for all real estate and improvements thereon
not exempt from taxation, for mobile homes and for all real estate and
tangible personal property of public service corporations; and pro-
riding for an effective date for these tax rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 201.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ....... .6.
NAYS: None .......
(Council member Trout was absent.)
STREETS AND ALLEYS: Ordinance No. 28643 permanently vacatin§,
discontinuing and closing a 330~ fool portion of Eton Road, S. W., more
specifically described as that--portion of Eton Road, S. W., beginnin9
at its intersection with Red Oak Lane, S. W., and runnin9 in a westerly
direction to the southwest corner of the property designated as
Official Tax No. 516~C[? and the northwest corner of property
desi§nated as Official Tax No. 5160~04, havin9 previously been before
the Council for its first reading on Monday, May 11, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
(#28643) AN ORDINANCE permanently vacatin§, discontinuing and
closin9 certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 5~ page 2CE.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the roi]owing vote:
301
302
ACTION:
AYES:
Mayor Taylor ......
Council members Harvey, Musser, Bowers, Bowles, Garland and
NAYS: None ........................
(Council member Trout was absent.)
ZONING: Ordinance No. 28644 rezoning a certain tract of )and con-
taining approximately 3/10of one acre, being a portion of Official Tax
No. 1440321, and located between Maiden Lane and Windsor Avenue on the
west side of Grandin Road, S. W., from RD, Dup)ex Residential District,
to C-1, Uffice and Institutional District, subject to certain proffered
conditions, having previously been before the Council for its first
reading on Monday, May 11, 1987, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
roi)owing for its second reading and final adoption:
(#28644) AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
of Roanoke (19/9), as amended, and Sheet No. 144, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, sub-
ject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 204.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Bowers, Bowles, Garland and Mayor
Tay) or ....... ---5.
NAYS: None ......... O.
(Council member Trout was absent.) (Council member Harvey abstained
from voting inasmuch as he is employed by Fralin & Wa)dron, Inc.)
MOTIONS AND MISCELLANEOUS BUSINESS:
NONE.
INQUIRIES AND/OR C(IV~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
OTHER HEARINGS OF CITIZENS: NONE.
OFFICE ON YOUTH: The Mayor advised that the three year terms of
Geneva S. Hale, Velma B. Self, Robert Oo Ingram, Jr., and Wallace I.
Allen as members of the Youth Services Citizen Board will expire on
May 31, 1987, and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the-names of Velma B. Self,
Robert J. Ingram, Jr., and Wallace I. Allen.
There being no further nominations, Ms. Self and Messrs. Ingram
and Allen were reelected as members of the Youth Services Citizen Board
for terms of three years each ending May 31, 199~ by the following
vote:
ACTION:
FOR MS. SEIF AND MESSRS. IN6RA~t AND ALLEN: Council members
Harvey, Musser, Bowers, Bowles, Garland and Mayor Taylor ............. 6.
(Council member Trout was absent.)
TRAFFIC: The Mayor advised that there is a vacancy on the Roanoke
Transportation Safety Commission created by the retirement of Commander
G. A. Hubard for a term ending October 31, 199~ and called for nomina-
tions to fill the vacancy.
Mrs. Bowles placed in nomination the name of Commander Gary E
Pritchard. ·
There being no further nominations, Commander Pritchard was
elected as a member of the Roanoke Transportation Safety Commission for
a term ending October 31, 199~ by the following vote:
ACTION:
ACTION:
FOR COMMANDER PRITCHRRD: Council members Harvey, Russet, Bowers,
Bowles, Garland and Mayor Taylor ........... ----6.
(Council member Trout was absent.)
Mr. Harvey moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Bowers and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 3:00p.m.
303
City Clerk
APPROVED
Mayor
3O4
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 26, 1987
2:O0 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of RoanoKe, on Monday, May 26, 1987, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (19/9), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, and Vice-Mayor How~m~d: ~, M~uss~r ....... 5.
ABSENT: Council member James O. Trout and Mayor Noel C. Taylor ...... 2.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager; Mr. Wilburn C.
Dibling, Jr., City Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms.
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Howard E. Musser.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
CONSENT AGENDA:
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the special meeting of Council held on
Monday, April 20, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ........ °5.
NAYS: None
(Council member Trout and Mayor Taylor were absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and con~nittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (195~,
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and conm~ittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (195~, as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
i
i
ACT[ON:
ACT[ON:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser .......... _ ....... 5.
NAYS: None ...... 0.
(Council member Trout and Mayor Taylor were absent.)
ROANOKE ARTS COMMISSION: A communication from F. Blair Wimbush
tendering his resignation as a member of the Roanoke Arts Commission,
was before Council.
(For full text, see cormnunication on file in the City Clerk's Office.)
Mrs. Bowles moved tl~at the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ....... --5.
NAYS: None ........
(Council member Trout and Mayor Taylor were absent.)
Oe
AIRPORT: A communication from Lee Garrett, Vice Chairman, Roanoke
Regional Airport Commission, transmitting the Fiscal Year 1987-88
Budget for the Roanoke Regional Airport, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the budget and that the
communication be received and filed. The motion was seconded by Mr.
Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ....... 5.
NAYS: None ........
(Council member Trout and Mayor Taylor were absent.)
305
REGULAR AGENDA:
i
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-EQUIPMENT-COMMONWEALTH'S ATTORNEY: A communication from
the Commonwealth's Attorney advising that his 1986-87 budget request
submitted to the State Compensation Board included $9,900.00 in capital
outlay for the purchase of office automation equipment and furniture;
that his 1986-87 supplemental budget submitted to the City al so
included the same request; that his 1986-87 budget approved by the
State Cc~mpensation Board included $5,500.00 in capital outlay; and
Council appropriated the State approved funds, in the amount of
$5,500.00, to Capital Outlay in the Commonwealth's Attorney's 1986-87
budget and increased the revenue estimate for shared expenses in the
same amount, was before the body.
It was explained that the State Compensation Board has approved an
additional $4,85 0.00 in capital outlay for the Commonwealth's Attor-
ney's 1986-87 budget; however, the Commonwealth's Attorney's 1986-87
budget, as approved by Council, does not provide funding for capital
outlay.
The Commonwealth's Attorney recommended that Council appropriate
state approved funds, in the amount of $4,850.00, to Capital Outlay and
increase the revenue estimate for shared expenses so that much needed
office equipment may be purchased with funds approved by the State
Compensation Board.
(For full text, see CO,l~nunication on file in the City Clerk's Office.)
3O6
ACTION:
A report of the City Manager concurring in the request, was also
before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#286~4) AN URDINANCE to amend and reordain certain sections of
the 19B6-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 2(]8.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ......... -5.
NAYS: None
(Council member Trout and Mayor Taylor were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-YOUTH: The City Manager submitted a written report advi-
sing that the Juvenile Probation House (Youth Haven I) is a department
of the City of Roanoke under the Directorate of Human Resources; that
operational expenses of the department are funded through a block grant
from the State Department of Corrections which funds 10D per cent of
operational costs and equipment and 66 and 2/3 per cent of salaries and
wages; that this department has been in operation since October 1,
197~ and houses 12 adolescent boys who are placed by the Juvenile
Court for supervised care, treatment and counselling; and food service
problems of Youth Haven I are as follows:
The dining room and food storage area (pantry)
floors are hardwood and carpet respectively and are
not functional with youths who are constantly
spilling food and drinks.
Additional food storage cabinets for dry goods/
staples are needed to accommodate USDA food com-
modities as Youth Haven I begins to participate in
that program.
Supervision of residents in the kitchen is extre-
mely difficult, therefore, the dishwasher needs to
be relocated in the dining room so that residents
handling the dishes can be supervised along with
the group.
It was explained that approval for reimbursement to the City of
Roanoke has been granted under a special allotment of USDA funds
received by the State Department of Corrections from the United States
Department of Agriculture's National School Lunch, Breakfast, and
Special Mi]k Program; and approval for reimbursement is for the
following professional services and goods:
installation of inlaid vinyl floor
covering in the dining room and pantry
$1,264.00
installation of three new cabinets and
the cabinet for the dishwasher
2,59 ~ O0
ACTION:
307
electrical work (new receptacles and
dishwasher connections)
500.00
installation of sink and plumbing
connections for dishwasher
500.00
The City Manager recommended that Council authorize the installa-
tion of new floor coverings, new cabinets and relocation of the dish-
washer for improved food service and resident supervision at the
Juvenile Probation House which is 100 per cent reimburseable by the
State Department of Corrections; and appropriate $4,854.00 to the
Juvenile Probation tlouse budget, Account No. 0~-(]64-335(~2~ to
cover the initial cost of food service projects, and increase the USDA
Juvenile Probation House Revenue Estimate, Account No. 0~-0~0-1234-
0662, by the same amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28655)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 205.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ......... .---5.
NAYS: None ........
(Council member Trout and Mayor Taylor were absent.)
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program is a cooperative program among
HUD, the Housing Authority and the City of Roanoke, to encourage reha-
bilitation of privately-owned rental property; and the program provides
two types of subsidies, viz:
Rehabilitation subsidies to property owners, equal
to one-third of rehabilitation costs up to $5,00~
apartment.
Rental subsidies to low-income tenants, so they may
stay in the apartment after it is repaired and the
rent is increased. The tenants may use the subsidy
to move elsewhere. One rent subsidy is allocated
to Roanoke for each $7,50~00 of program alloca-
tion.
It was explained that Roanoke's allocations for the previous three
years of the Rental Rehabilitation Program totalled $336,30~000 for
rehabilitation subsidies; that these allocations provided renovations
to 70 apartment units in 38 buildings at a total cost of approximately
$1,134,69~00; and allocations have included $7~00~00 supplemental
award due to the local Program's success.
The City Manager pointed out that the 1987 Rental Rehabilitation
Program has been announced with Roanoke's allocation of $143,00~DR
that application to HUD must be filed by dune 1, 1987; and the proposed
program for 1987 provides for two alternative forms of rehabilitation
subsidy, depending on the eventual availability of supplemental funding
from Virginia Housing Development Authority, as follows:
If VHDA does not provide loan funds to owners at 7%
interest, Rental Rehab Program subsidy would con-
tinue as in the past, i.e., a deferred payment
loan, forgiven completely after ten years (no
repayment expected).
308
If VHDA does provide loan funds, program subsidy
would in the form of a deferred payment loan due
and payable in full in ten years. (Entire subsidy
would revolve back for reuse in ten years).
The City Manager recommended that he be authorized to submit an
application to HUD for Roanoke's 1987 Rental Rehabilitation Program
allocation of $143,000.00.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28656) A RESOLUTION autl)orizing the filing of an application
with the United States Department of Housing and Urban Development for
certain funds for a Rental Rehabilitation Program in the City.
(For full text of Resolution, see Resolution Book No. 5~ page 2~.)
Mr. ~owers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser .......... 5.
NAYS: None
(Council member Trout and Mayor Taylor were absent.)
BUDGET-AIRPORT: The City Manager submitted a written report
advising that airports which are served by com~nercial air carriers are
required to have manned crash fire rescue (CFR) vehicles available
during operational hours; that Federal Air Regulations define the
number of vehicles and fire extinguishing capability according to
number of flights and size of aircraft; that Roanoke Regional Airport,
at this time, has only the minimum CFR vehicle response capability due
to recent removal from service of two "Walter's" reserve CFR vehicles
that have nk~jor mechanical problems; and rebuilding either one of the
two 1958-59 Walter's would include replacing the drive train and
overhaul of the pumping system; and these two vehicles were purchased
from military surplus approximately 25 years ago and parts are no
longer available for the vehicles.
It was explained that present CFR vehicles, a 1972 Ansul and a
1977 Oshkosh, are in good condition and parts are readily available;
that recently revised airport certification requirements pending appro-
val by the Department of Transportation will require jet service to be
curtailed to less than five flights per day at Roanoke if one CFR
vehicle is out of service more than 48 hours; that present requirements
allow ten days to restore the vehicle to service; and in this context,
the purchase would be considered to be an emergency.
The City Manager advised that negotiations with a Dallas, Texas,
company which rebuilds CFR equipment have resulted in finding a used
1968 Water 1500 gallon crash vehicle that will be overhauled and deli-
vered to the City; that this is the only known source practically
available for a comparable vehicle; and the City Garage has sent a
mechanic to inspect the vehicle in Dallas, Texas, and he reports the
vehicle is in good condition and the company will deliver it in the
best operating condition.
The City Manager recommended that Council approve purchase of a
1968 Walter CFR vehicle from Crash Rescue Equipment Service, Inc., at
the negotiated price of $42,50~04 without seeking bids as CFR equip-
ment are custom built vehicles and the indicated seller is the only
source practically available for a comparable vehicle; and that Council
appropriate $42,5 OD. OD from previous years' retained earnings in the
Airport Fund to the Vehicular Equipment Account No. 004-066-4404-9 010.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACT[ON:
ACT[ON:
Mr. Harvey offered the followin9 emergency budget Ordinance:
(#28657) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Airport Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 5~ page 2~.)
Mr, Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ....... _ ..................... 5.
NAYS: None
(Council member Trout and Mayor Taylor were absent.)
Mr. Harvey offered the followin9 emergency Ordinance:
(#28658) AN URDINANCE authorizing the purchase of a crash fire
rescue vehicle for use at the Airport, upon certain temns and con-
ditions and providing for an emer§ency.
(For full text of Ordinance, see Ordinance Book No. 5~ page 210.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ......... --5.
NAYS: None .......
(Council member Trout and Mayor Taylor were absent.)
EQUIPMENT: The City Manager submitted a written report concurring
in a recommendation of the Bid Committee that the bid of Shelor Chevro-
let Corporation for two new one-half ton midsize pick-up trucks, in the
amount of $16,977.14, be accepted.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bpwles moved that the following Ordinance be placed upon its
first reading:. .,~
' (#28659) ~AN ORDINANCE providing for the purchase of two' new mid-
size one-half ton pickup trucks for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; and rejecting other bids made to the City.
(For fu]] text of Ordinance, see Ordinance Book No. 50page 211.)
The motion was seconded by Hr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey and Vice-Mayor
Musser ......... -4.
NAYS: None ~
(Council member Trout and Mayor Taylor were absent.) (Council member
Bowers abstained from voting.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION APO CONSIUERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
309
MOTIONS AND MISCELLANEOUS BUSINESS:
310
INQUIRIES AND/OR COMMENIS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTION:
TRAFFIC: The Vice-Mayor referred to heavy traffic on Williamson
Road on Friday and Saturday nights, and requested that the City Manager
investigate the matter to determine if measures may be taken to alle-
viate the situation.
OTHER HEARINGS OF CITIZENS:
SEWERS AND STORM DRAINS-TRAFFIC: The City Manager advised that
during the week of June I - 6, 1987, the City of Roanoke will be
replacing a storm drain culvert across Garden City Boulevard in south-
east Roanoke; that traffic flow disruption will be minimized to the
extent possible, but may include one way traffic at times, and drivers
are encouraged to take alternate routes ii: possible during the period.
2:20p.m., the Vice-Mayor declared the meeting in recess.
At 2:30 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor and Council member Trout.
PUBLIC ASSISTANCE: The Vice-Mayor advised that there is a vacancy
on the Advisory Board of Human Resources created by the resignation of
Amelia J. Perkins, for a term ending November 3~ 1990, and called for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mrs. Anthony R.
Stavola.
There bein9 no further nominations, Mrs. Stavola was elected as a
member of the Advisory Board of Human Resources for a term ending
November 30, 1990, by the following vote:
ACTION:
FOR MRS. STAVOLA: Council members Bowers, Bowles, Garland, Harvey
and Vice-Mayor Musser .............. 5.
(Council member Trout and Mayor Taylor were absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:33 p.m.
APPROVED
ATTEST:
Cil~y Clerk
Vice-Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 1, 1987
2:O0 p.m.
311
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 1, 1987, at 2:00 p.m., the regular
ineeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council members James O. Trout (arrived at 2:10 p.m.),
David A. Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II,
and Vice-Mayor Howard E. Musser .......... -6.
ABSENT: Mayor Noel C. Taylor--
-1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance- and Ms. Mary F Parker,
City Clerk. ' '
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
CONSENT AGENDA:
ACTION:
ACTION:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 20, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Dffice.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ....... ---5.
NAYS: None .............
(Mayor Taylor was absent.) (Council member Trout had not arrived.)
PENDING LIST: A list of items pending from July 10, 1978, through
May 26, 198/, was before Council.
(See pending list on file in the City Clerk's Office.)
Mrs. Bowles moved that the pending list be received and filed.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey and Vice-
Mayor Musser ........ 5.
NAYS: None
(Mayor Taylor was absent.) (Council member Trout had riot arrived.)
At this point, 2:lOp.m., Mr. Trout entered the meeting.
312
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS UF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC ASSISTANCE: The Mayor, in his 1986 State of the City
Address, having reco~nended that the Department of Human Resources con-
duct a study to determine how the City might be involved in meeting the
needs of the homeless, and the City Manager having appointed a task
force to address the matter, The Reverend Clay H. Turner, Chairman of
the Task Force, appeared before Council and presented a written report
on behalf of the Committee.
The Task Force was composed of the following persons:
The Reverend Clay H. Turner, Chairman
Dr. Wendell H. Butler
Christine Coulter
The Reverend Frank W. Feather
Ddell W. Gray
James G. Harvey, II
Vera Johnson
Louise King
Olivia B. LaI~otte
Angel i ca D. Lloyd
Wendy Moore
Lewis W. Peery
Reverend Turner advised that the Task Force concerned itself with
two different client populations: those adults and their dependents
who rely on shelters to alleviate temporary and chronic homelessness;
and those individuals and families who, by virtue of their financial
position and other personal circumstances, find themselves unable to
afford and maintain decent housing or who are at risk of losing housing
due to the personal and economic stresses of their everyday lives.
Reverend Turner pointed out that the Task Force determined that
there are at least 177 people in Roanoke who are homeless and rely on
emergency shelters for housing; that the largest segment of this group
is single men, many suffering from chronic alcoholism and drug abuse or
mental illness; however, there has been an increase over the past few
years in the numbers of families and young adults that are homeless.
He advised that despite the efforts of local shelter agencies, there
are not enough shelter beds to provide safe and adequate shelter year-
round for these chronically homeless individuals; therefore, a major
recommendation of this study is that the community should increase its
emergency shelter bed space by the winter of 1987 so that there are
enough beds to meet the demand for shelter, and that they are provided
in safe, clean and adequate facilities. He commented that other recom-
mendations made regarding services for the chronically homeless
include: the establishment of a comprehensive day facility, the
establishment of at least one transitional housing facility within the
next year, increased effort to coordinate services to the homeless, and
increased advocacy and outreach efforts by agencies which serve special
population among the homeless.
Reverend Turner advised that the Task Force estimates there are
14,757 households in the Roanoke Valley whose incomes are near or below
poverty level guidelines, but only about 4,653 housing units for which
federal subsidies are available; that this means as many as 1~104
households are at risk of homelessness because of the high proportion
of income they must commit to housing; that those at particular risk
include minimum or part-time wage earners, single women with children,
the mentally ill, ex-offenders, the disabled and the elderly; that
these households need housing subsidies or decent low-cost housing and
313
an array of social services to make up for their cl)ronic lack of money;
and these needed services include child care, job training and employ-
ment assistance, transportation, emergency financial assistance, and
low-cost health care.
Reverend Turner explained that the Task Force recommendations
regarding services for tile at-risk population include: the establish-
ment of more free or minimal cost child care, transitional residential
services for special needs groups, increased public or subsidized
housing, expanded home maintenance programs, changes in utility company
biiJing practices, involvement by the business community, and
increased, coordinated involvement by local religious congregations.
The Task Force recommended the establishment of a community foun-
dation to solicit private dollars to meet the community's long-term
housing needs identified in the study, as well as an array of policy
and procedural recommendations for local governments.
Reverend Turner advised that the Task Force recognizes that the
problems of housing and homelessness are complex, and solutions require
short and long range efforts by both the private sector and government
at all levels; and the recommendations made in the study are therefore
designed to encourage immediate efforts and gradual but steady changes
to assure safe, adequate housing for all citizens.
The following is a summary of the recommendations of the Task
Force:
Emergency shelter bed space should be expanded
by the winter of 1987 so that there are enough
beds to meet the demand for shelter and they
are provided in safe, clean and adequate faci-
lities that meet occupancy codes.
At least two all-day quality child care cen-
ters should be established within the next
year by local religious congregations whereby
low-income parents and temporarily homeless
parents could receive free or minimal cost
child care for their children.
A comprehensive day facility for chronically
homeless and street people should be estab-
lished within the year. This facility should
offer a safe indoor facility with minimal
rules for those individuals who simply want to
stay indoors during the day but should also
offer a local address for the homeless and
outreach service from key agencies, including
the Department of Social Services, the Virgi-
nia Department of Rehabilitative Services, the
Social Security Administration, the Health
Department, Assistance to Travelers, Mental
Health Services and others.
®
At least one additional transitional housing
facility should be established for the home-
less within the calendar year.
5. The City of Roanoke:
Should review and revise local Zoning
Ordinances which place unreasonable
roadblocks to the establishment of tran-
sitional residential facilities and
appropriate support services.
be
Should explore tax and other incentives
it might employ to encourage private
landlords to rehabilitate and maintain
modestly priced housing.
314
e
Should explore tile possibility of waiving
connection fees for non-profit organiza-
tions which are suppliers of direct
housing services to the homeless and at-
risk populations.
d®
Should consider the permanent low cost
housing needs of the community in any
studies or plans regarding urban renewal.
Should undertake concentrated inspection
of occupied substandard housing in addi-
tion to current efforts to inspect vacant
housing.
Should maintain, through its Building
Department, a current, updated list of
all subsidized housing, whether admi-
nistered at the Local, State, or Federal
level.
Should establish a single source of
information on housing programs, housing
related grants, model program information
and other related materials.
Should establish a mechanism through
which agencies could apply for the
various public funds that are now being
made available for services to the home-
less.
Should, through the Office of City
Manager, name a small evaluation group to
evaluate how well the recommendations of
this report are carried out and to recom-
mend new activities based on future
funding and needs.
Should make use of a11 existing and new
public and voluntary sector resources to
better equip residents of subsidized and
low-cost housing to care for and maintain
that housing.
A community foundation should be established
immediately by the Council of Community
Services, and privately donated funds
engendred by this study should be channeled to
the community foundation for disbursement to
appropriate agencies and programs.
Localities surrounding Roanoke City should
apply for and develop publicly subsidized
housing programs or actively encourage their
development by responsible private sources.
If a locality decides that it cannot or should
not become involved in public or Section 8
housing, it should make monetary contributions
to the City and the Redevelopment and Housing
Authority based on the residence of origin of
those accepted into the City's programs.
Roanoke Redevelopment and Housing Authority,
the U. S. Department of Housing and Urban
Development (HUD), and the Virginia Department
of Housing and Community Development each
should institute and enforce careful screening
procedures for landlords as to rental main-
tenance practices.
The Roanoke Redevelopment and Housing Autho-
rity should alter its priority system which
declares public housing and Section 8 cer-
tificate housing as being equal in status and
which, therefore, serves to discourage clients
from moving to Section 8 certificate housing
from the public housing projects.
315
10.
11.
Local governments and agencies like Total
Action Against Poverty and the League of Older
Americans should develop continuing home main-
tenance programs for low-income homeowners,
especially the elderly.
Local utility companies should change those
billing practices which precipitate housing
crises for low-income families.
12.
Mental Healtl~ Services of Roanoke Valley
should develop a procedure whereby MHS
extended care staff actively contact all indi-
viduals to be released to this community from
a State institution for the purpose of deter-
mining whether the discharge plans are appro-
priate for these individuals and if they are
in need of mental health services available to
them.
13.
14.
The Virginia Department of Mental Health and
Mental Retardation should develop a subsidy
program through which operators of homes for
adults and other groups could get additional
funds if they agree to offer transitional
living situations and appropriate support ser-
vices to help residents to learn to live inde-
pendently.
Local religious congregations can and should
make a more substantial contribution towards
meeting the emergency, short-term needs of the
homeless and those at risk of homelessness,
but they should do so in a coordinated fashion
through Roanoke area ministries.
15.
The business community and the Chamber of
Commerce should support systems which help
low-income wage earners and their families
avoid crises.
16.
Local agencies which advocate the rights and
needs of the client groups represented in the
homeless and at-risk populations should be
supported in their efforts to educate the com-
munity at large about the needs and rights of
the disabled and disadvantaged members of our
communities.
17.
The Emergency Services Committee which meets
under the auspices of the Council of Community
Services should immediately expand and streng-
then its efforts to coordinate services and to
act as an advocacy group on behalf of the
homeless and those at risk of homelessness.
18.
The Task Force supports the Veterans Admini-
stration Medical Center's recent funding pro-
posal focusing on the needs of homeless
veterans in the community.
(For full text, see report entitled, "No Place to Call Home: A Study
of Housing and Homelessness in Roanoke, Virginia," on file in the City
Clerk's Office.)
316
ACTION:
ACT[ON:
The City Manager submitted a written report advising that he
appointed a citizens task force composed of community leaders from the
civic and business arenas to conduct a formal study on tile homeless in
Roanoke; and the Director of Human Resources was named Staff Coordi-
nator and the City contracted with the Council of Community Services to
provide project coordination and technical assistance to the Task
Force.
It was explained that the Task Force met officially for tile first
time on December 5, 19B6, January 12; February 2, 23, and 26; March 9,
18, and 25; and April ? and 15, 1987; that meetings of the sub-con, it-
tees on low-income housing and temporary/emergency shelter were held
throughout the process, and reports by other localities were studied in
detail by staff and Task Force members; that the Task Force conducted
public hearings and agency and client interviews to receive citizen
input; and Task Force members visited all shelters to view facilities
and spoke with both staff and residents.
The City Manager advised that the Task Force has prepared a formal
report which includes findings, conclusions and recommendations; and
implementation of the Task Force recommendations could enhance avail-
able City services with some redirection of current resources.
The City Manager recommended that Council refer the report to him
for appropriate action.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report of the Task Force be received
with appreciation and referred to the City Manager for study, report
and recommendation to Council. The motion was seconded by Mr. Garland
and adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that General Relief is a temporary emergency relief
program that meets the following two areas of need: temporarily
disabled citizens unable to work, and unemployed or underemployed citi-
zens who have lost income through no fault of their own; and the
General Relief budget for fiscal year 1986-87 is $349,86~00.
It was explained that reductions in Federal programs have resulted
in more requests for public assistance to alleviate emergencies such as
utility cutoffs, eviction notices, food, and prescriptions; that an
additional $35,000.00 is requested for fiscal year 1986-B? ($21,875. D0
state funds and $13,125.00 local funds); and the State Department of
Social Services has appropriated their share of necessary funds
($21,~?~.U~.
The City Manager recommended that Council transfer $35,00~00
from tile Foster Care Account to the General Relief Account, as follows:
$35,000.00 from Foster Care, Account No. 0~-064-
5314-314~ to General Relief Account No. 0~-(]64-
5313-3125.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#2866~ AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 5~ page 211.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ........................ 6.
317
NAYS: None .....................................................
(Mayor Taylor was absent.)
REPORTS OF COMMIT[EES:
i
SEWERS AND STORM DRAINS-WATER DEPARTMENT: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, transmitting the
Wastewater Facility Plan for the City of Roanoke Regional Sewage
Treatment Plant and major sewer interceptors, dated February 1987, as
proposed by Malcolm Pirnie, Inc., advising that the report was con-
sidered by the Committee at its meeting on April 21, 1987, and further
considered by the City Planning Commission at its meeting on May 2~
1987.
Mrs. Bowles advised that the Committee recommends that Council
approve the Wastewater Faci]ity Plan and authorize City staff to pursue
approval of the p]an by the State Water Control Board.
A report of the City Planning Comission advising that the
Commission considered the Wastewater Facility Plan during its re§u]ar
meeting on May 2~ 1987, and found that the Plan was in conformance
with the City's Comprehensive Plan, and unanimously recommends approval
thereof to Council.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the recommendation of the
Water Resources Committee. The motion was seconded by Mr. Garland and
adopted.
i
CULTURAL CENTER-PARKING GARAGE: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council authorize
cancellation of the lease of 1UO0 square feet of space in the Market
Square Parking Garage held by Roanoke Photo Associates, effective on or
before July 31, 1987.
A staff report explained that Council, by Ordinance No. 26870
adopted on February 6, 1984, authorized a five year lease of a 1000
square foot commercial space to Magna Photo, Inc.; that pursuant to
Ordinance No. 28294, adopted on August 26, 1986, Counci] authorized
assignment of the Magna Photo lease to Roanoke Photo Associates; that
Roanoke Photo Associates has not done business at this location since
the flood of November, 1985; and Roanoke Photo Associates has requested
that the City cancel their lease and the lease of Magna Photo, Inc.,
inasmuch as they no longer desire to do business at that location; and
they request that the lease be cancelled no later than July 31, 1981.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
i
ACTION:
(#28661) AN ORDINANCE authorizing cancellation of the City's
lease agreement with RoanoKe Photo Associates for a portion of the com-
mercial space in the Market Square Parking Garage, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 212.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .......... 6.
NAYS: None
(Mayor Taylor was absent.)
318
ROANOKE MEMORIAL HOSPITALS-SPECIAL PERMITS: Council member
Elizabeth T. Bowies, Chairman of the Water Resources Co~nittee, pre-
sented a written report on behalf of the con~nittee, recon~ending that
Council authorize a revocable permit in standard form including indem-
nification and liability insurance to be issued to Roanoke Memorial
Hospitals for a retaining wal! encroaching into the ri§ht-of-way of
South Jefferson Street in ~lock 67, Crystal Spring Land Company.
A staff report explained that Roanoke Memorial Hospital desires to
convert the old driveway, which enters Yellow Mountain Road just east
of the intersection, into a new walkway servin9 the parking lot which
will eliminate the driveway entrance to the street; that the new walk-
way will connect to Jefferson Street sidewalk by way of stairs located
adjacent to the northerly side of the existing bus shelter; that a
concrete retaining wall for stairway and walk will be necessary and
will extend into the public ri§hr-of-way of Jefferson Street approxima-
tely eight feet; that the encroaching retaining wall requires a revo-
cable license from Council before it may be installed; and the existing
retaining wall around the bus shelter will be used to tie into the pro-
posed retainin9 wall.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28662) AN ORDINANCE granting a revocable license for the
construction of a certain wall encroaching over and into the right-of-
way of South Jefferson Street, located at the intersection of South
Jefferson Street and Yellow Mountain Road, S. E., Official Tax No.
406~, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 213.)
ACTION: The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser. 6.
NAYS: None ..................................
(Mayor Taylor was absent.)
BUDGET-WATER DEPARTMENT: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, recommending that Council appropriate
$1/%000.00 from Water Fund Retained Earnings to Water Department
Account No. 0~-(]66-8310-9~0 - Capital Outlay from Revenue - New
Services, Hydrants, Lines.
A staff report explained that Council approved funds in the fiscal
year 1986-87 budget, in the amount of $30~495.0O, for Water Fund
Account No. 0(~-(]66-8310-9(]6~ New Services, Hydrants, Lines; that this
was an estimate of funds needed to cover the cost of installation of
customer requested work such as domestic services, fire services, water
lines under main extension agreements, and Water Department required
work on storm drain and highway projects, with a majority of the work
to be reimbursed by customer fees; that revenue from connection charges
and customer's work through April 1987 amounted to $169,498.27; and
water line installation expenses for the Roanoke Centre for Industry
and Technology is not reimbursed since the City is the developer of the
park.
It was noted that as of April 3~ 1987, Water Fund Account New
Services, Hydrants, Lines shows expenditures of $315,95~19 and an
encumbrance of $9,415.4~ for an over-expenditure of $24,87~59; that
the over-expenditure has resulted from the current economic climate of
low interest rates with an increased requirement for customer services
related to the many commercial, industrial and residential develop-
ments, and several storm drain and highway projects; and appropriation
of $17~00~ O0 from Water Fund retained earnings is needed to cover the
over-expenditure and to provide necessary funding for New Services,
Hydrants, Lines Account No. 0~-666-8310-9060 through June 3~ 1987.
(For full text, see reports on file in the City Clerk's Office.)
319
Mrs. Bowles offered the following emergency budget Ordinance:
(#28663) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 212.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .................... 6.
NAYS: None .............................
(Mayor Taylor was absent.)
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, recommending that Council authorize a
contract with Cooper Industries, the only source practically available,
to overhaul No. 6 White Superior Engine at the Sewage Treatment Plant,
at a cost not to exceed $79,020.40, subject to the form of contract
being approved by the City Attorney.
A staff report explained that No. 6 blower engine has over 25,000
hours and needs an overhaul; that continued operations may result in
increased repair costs; that labor cannot be performed by plant person-
nel due to a vacant position and longevity of training period; that
delivery time for inventory parts requires up to six months; and
required parts for complete overhaul are not in stock room inventory
due to the need to maintain inventory for maintenance of other engines.
(For full 'text, see reports on file in the City Clerk's Office ~
Mrs. Bowles offered the following emergency Ordinance:
(#28664) AN ORDINANCE authorizing a certain contract to be
entered with Cooper Industries, Inc., for overhaul of No. 6 Blower
Engine at the Sewage Treatment Plant, upon certain terms and con-
ditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 213.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ........... 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
EQUIPMENT: Ordinance No. 28659 providing for the purchase of two
new midsize one-half ton pickup trucks for use by the City, from Shelor
Chevrolet Corporation, in the amount of $16,977.14, having previously
been before the Council for its first reading on Tuesday, May 26, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Harvey offering the following for its second reading and
final adoption:
(#28659) AN ORDINANCE providing for the purchase of two new mid-
size one-half ton pickup trucks for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; and rejecting other bids made to the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 211.)
320
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey and Vice-
Mayor Musser ....... 5.
NAYS: None ..............
(Mayor Taylor was absent.) (Council member Bowers abstained from
voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
HEALTH (MENTAL HEALTH): Mr. John S. Sabean, Director, Prevention
Services of Roanoke Valley, appeared before Council in reference to an
application submitted by St. John's Episcopal Church to HUD regarding
funds for fifteen housing units for persons with mental illness. He
advised that no changes in zoning will be necessary; that he has
discussed the project with the City Manager, and filed a copy of the
application with the City Manager for his information.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:50 p.m.
ATTE ST:
City Clerk
APPROVED
Vi c e-Mayo r
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 8, 1987
7:30 p.m.
321
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 8, 1987, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (19/9), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II, James
O. Trout, David A. Bowers and Vice-Mayor Howard E. Musser ..................... 5.
ABSENT: Council member Elizabeth T. Bowl es and Mayor Noel C.
Tayl or ......... 2.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Ear! B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Robert F. Goode,
Pastor, Mt. Zion A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Vice-Mayor Musser.
ACTION:
SCHOOLS: Mr. Trout offered the following resolution commending
Frank P. Tota, Jr., a Senior at Patrick Henry High School, for his
designation as A11-USA Academic, First Team:
(#28665) A RESOLUTION commending Frank P. Tota, Jr., a Senior at
Patrick Henry High School, for his designation as All-USA Academic,
First Team.
(For full text of Resolution, see Resolution Book No. 50, page 214.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser-- 5.
NAYS: None ...... O.
(Council member Bowles and Mayor Taylor were absent.)
The Vice-Mayor presented a framed copy of the resolution to Mr.
Tota.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 8, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of CBL Management, Inc.,
that a certain tract of land located on the north side of Shenandoah
Avenue, N. W., between Old Stevens Road and Westside Boulevard, N. W.,
and designated as Official Tax No. 2732201, be rezoned from RS-2,
Single Family Residential District, to C-2, General Con~nercial
District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 22,
1987, and Friday, May 29, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
322
A report of the City Planning Commission advising that the purpose
of the rezoning is to construct a small, neighborhood shopping center;
that the proposed development of a neighborhood shopping area is con-
sistent with planning goals for Shenandoah Avenue, especially with
regard to discouraging continued strip development and considering the
future extension of Peters Creek Road; that the development can be an
asset to the neighborhood and beneficial to continued investment and
redevelopment in the area; and reco~m~ending approval of the request for
rezoning, was before Council.
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28666) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 273, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 220.)
ACTION:
The motion was seconded by Mr. Trout.
Mr. Daniel F. Layman, Jr., Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28666 was adopted on its first reading by
the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser .................... 5.
NAYS: None ..................
0
(Council member Bowl es and Mayor Taylor were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 8, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, the City Clerk having advertised a public
hearing on the request of Grossman's Inc., trading as Moore's, that a
certain tract of land containing 7.4163 acres, more or less, located at
the intersection of Franklin Road and Roberts Road, S. W., and
designated as Official Tax No. 1280602, be rezoned from C-1, Office and
Institutional District, to tM, Light Manufacturing District, such
rezoning to be subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 22,
1987, and Friday, May 29, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Com~nission advising that the purpose
of the rezoning is to permit construction of a Moere's building
supplies outlet, which proposed operation would replace M~ore's Reserve
Avenue outlet, was before Council.
The Planning Commission recon~nended denial of the request for
rezoning, advising that in discussing the motion, the Co~nission con-
sidered the neighborhood to be an extremely well maintained, high
quality residential area which would merit protection; and the scale of
this proposed operation is considered too large to be permitted adja-
cent to a residential neighborhood without extreme action to mitigate
objectionable features.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28667) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 221.)
323
ACTION:
The motion was seconded by Mr. Garland.
Mr. Harvey inquired if the twenty per cent rule is in effect, pur-
suant to Section 62(5) of the Roanoke City Charter; whereupon, the City
Attorney advised that no petition from property owners was filed prior
to the Council meeting.
Mr. Ross C. Hart, Attorney, representing owners of the property,
appeared before Council and advised that the property was constructed
in the late 1930's, it has central steam heat, it was built with
concrete walls and it was a fashionable and attractive piece of pro-
perty through the 1960's, then the energy crunch hit and the cost of
heat skyrocketed. He said his client and others purchased the property
in the late 1970's; that most of the partners have dropped out and his
client is basically the owner of the property at this point. He stated
that his client has studied rehabilitation and attempted conversion of
several units which did not work; that a new heating system was
attempted which did not work; that heating cost continues to go upward
and his client had no choice in 1980 but to close the property. He
said the property is presently vacant, it is unsightly, undesirables
frequent the area, the Building Department has issued a board-up order
and the property has been boarded up but derelicts have torn some of
the boards off and the property needs to be boarded up again.
Mr. Hart pointed out that the property has been on the market for
years, and presently the revenue from taxes generates approximately
$9,000.00 per year to the City. He said dozens of people have looked
at the property to see what could be done; that the cost of rehabilita-
tion is prohibitive and the apartments are an inefficient use of the
land. He advised that a high quality rental unit is not likely, that
the site adjoins the site of Cycle Systems which is zoned HM, it
adjoins fast food restaurants and other commercial activity, and a main
artery (Franklin Road which carries 29,000 vehicles per day). He added
that there is the possibility of low income housing units, and if 300
units were constructed, that would generate approximately 2,000 addi-
tional trips per day by this parcel entering Franklin Road, and such
housing would end up as a financial drain on the City.
Mr. Hart said Moore's has been located in the Roanoke Valley for a
long time, they have planned an attractive facility, they anticipate
$12 million in sales in the first year and up to $20 million within
five years, with a real estate value including improvements of $2
million, fixtures, machinery and equipment estimated at more than
three-fourths of a million dollars and an inventory of $4 - 5 million.
He added that the minimum direct revenue to the City of Roanoke from
this project will be over $175,000.00.
Mr. Michael K. Smeltzer, Attorney, representing Moore's, appeared
before Council and advised that Moore's is headquartered in Roanoke
City, and in Roanoke City alone, there are over 300 employees, and
Moore's is the headquarters for approximately 85 stores located in ten
southern and mid-Atlantic states. He said knowing that the lease on
the Reserve Avenue site was about to expire and knowing Moore's had
been flooded three times in fifteen years, a search was instituted
approximately three years ago with the cooperation of the City of
Roanoke and Moore's representatives to locate a site; that many sites
were investigated and for one reason or another discarded, and ultima-
tely Moore's ended up with the site presently under consideration.
Mr. Smeltzer referred to the site plan, advising that the main
entrance will be from Franklin Road and a side entrance from Roberts
Road. He said the site plan has been formulated by engineers and
Moore's employees; that while there is opposition, they have listened
to the opposition in connection with neighborhood meetings and they
have tried to implement, as much as possible, many of the concerns;
that one of the most significant actions has been to move all commer-
cial activity east of the building; and the so called "yard" area is
located east of the building with direct access from Franklin Road.
Mr. Smeltzer said a number of actions have been taken not only in
response to residents of the area, but in response to input from the
City Planning staff. He stated that the staff recommended that access
through Roberts Road be eliminated, advising that this has not been
done and his client is of the opinion to eliminate Roberts Road access
324
would create a serious problem with traffic and especially with
emergency vehicle approaches, however, the proposed entrance from
Roberts Road been reduced from 50 feet to 30 feet.
Secondly, Mr. ~aeltzer said the planning staff asked that a11 out-
side storage be located east of the building which has been done one
hundred per cent. Thirdly, the staff recommended that the outside
storage area be screened from the adjoining businesses which has been
done, and not only have they screened the area but they have also
enclosed what they have on the site, adding that there is at least a 30
foot buffer all the way around the entire property. He noted that the
planning staff stated that building colors should be muted, that
Moore's can mute the building colors but they have to use the orange
and white stripes on the front of the building which is a trademark of
Moore's, however, the rest of the building will be muted in such a way
that will be acceptable. He said the staff requested increased buf-
fering between Roberts Road and the business itself and Moore's has
increased the buffering and exceeded by six times the statutory
requirements. He stated that the staff requested that Moore's widen
the entrance on Franklin Road, advising that the entrance has been
widened from 30 feet to 40 feet.
Mr. Smeltzer said a meeting was held on April 30 with approxima-
tely 40 people in attendance, and the overall sense of tile meeting
being that there was more support than opposition to the rezoning. He
stated that because of publicity, which was generated due to the
advance recommendation of the City Planning Commission, people from the
neighborhood and from the surrounding Franklin Road businesses have
come forward and identified themselves as being in favor of the
rezoning. He referred to documentation which was delivered to each
member of Council prior to the meeting illustrating a confirmation of
neighborhood support. In addition, he said there are a number of busi-
ness people who own property on both sides of Franklin Road who have
indicated a genuine desire to have Moore's locate in the area.
Mr. Smeltzer referrea to a communication from Johnny H. Johnson,
former City Treasurer, indicating that he is overwhelmingly in support
of the rezoning.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Smeltzer advised that there are a number of reasons for the
requested rezoning, as follows:
Moore's is a responsible corporate citizen
that has resided in the City of Roanoke for
over 25 years at its present location.
The rezoning would allow a corporate citizen
to move out of the flood plain.
The rezoning would enable the City to seize
the economic opportunity to continue the loca-
tion of Moore's and Moores' flagship unit.
The rezoning gives the community a voice in
what can be constructed on the property in
question inasmuch as other uses could have
more of an impact on the neighborhood.
The highest and best use of the property is
not residential multi-units.
In closing, Mr. Smeltzer said the property needs to be utilized,
it is a nice piece of property, Moore's has done an excellent job in
making the proposal, and requested that Council approve the request for
rezoning.
Mr. W. B. Stockton, 3020 Roberts Road, S. W., appeared before
Council and advised that he has lived at this location for 14 years and
has enjoyed the environment. He said he has reviewed the drawings and
revised drawings of Moore's and he sees no reason why Moore's cannot
locate in the area, noting that it would be an asset to the community.
Ms. Gatha B. McDowell, 2924 Roberts Road, S. W., appeared before
Council and advised that she is in favor of Moore's locating in the
area.
Mr. Charles B. Helms, 2951 Roberts Road, S. W., appeared before
Council and advised that he has lived at this location for 29 years. He
showed photographs of Moore's stores in Salem and on Peters Creek Road,
advising that another lumber yard is not needed on Franklin Road inas-
much as two lumber yards have already closed. He said instead of
trying to work with the citizens since the City Planning Co~nission
hearing, Moore's has proposed to move the building 25 feet closer to
the residents, and it will be 100 feet from his front door.
Mr. Helms advised that the 47 trees which are on the lot would be
destroyed and residents would never see darkness again because of
lighting around the building, and the intercom system would be unbear-
able. He added that the building would be approximately 9000 square
feet and a building of that size belongs in an industrial site and not
next door to a residentia! neighborhood; that Moore's maintains
approximately 30 heavy duty trucks to deliver material and questioned
how they would get all the material in through one entrance on Franklin
Road, noting that tractor trailers would be parked all over the neigh-
borhood.
Mr. Helms called attention to an article in the newspaper in which
it was stated that 800 families are waiting for housing, and questioned
if the City is short of housing units, how can it permit Moore's to
tear down some of the most well constructed property in the City. He
suggested that the property be converted back to apartments.
Mr. Helms pointed out that the people who signed the petitions in
favor of the rezoning were misled; that Moore's associates, personnel
and real estate people threatened the citizens that if they did not
sign the petitions in favor of the rezoning, low rent housing would
locate in the area and Mr. Helms pointed out that this is not a true
statement.
Mr. Helms referred a petition in his possession signed by 60 per-
sons in opposition to Moore's locating in the area, advising that the
value of homes in the immediate vicinity will drop by approximately
thirty per cent, and requested that the property not be rezoned. (The
petition was not filed with the City Clerk.)
Mr. Joseph P. Bounds, Attorney, representing a number of citizens who
reside in the Beechwood Gardens area, appeared before Council in oppo-
sition to the rezoning, advising that Mr. Helms made reference to the
possibility of low income housing and presented to the City Clerk a
communication from Herbert D. McBride, Executive Director, City of
Roanoke Redevelopment and Housing Authority, advising that the City of
Roanoke has no consideration present or in the future concerning low
rent housing in the area. He said it must be brought out that at no
time are his clients opposed to a fine corporate citizen like Moore's.
He called attention to points brought out by the City Planning
Commission such as: the neighborhood would be detrimentally impacted
by the proposed rezoning, appearance and physical size of the retail
building is out of character, the proposea development would encroach
further into the residential neighborhuod than existing businesses
thereby jeopardizing the integrity of the neighborhood, the comprehen-
sive plan notes that the proposed retail use is considered by the
Commission to be too large and too close to the neighborhood, and the
City Planning Commission has indicated that the proposed buffer and
site layout are considered inadequate to sufficiently protect the
neighborhood.
Mr. Bounds stated that it is a matter of patience on this par-
ticular piece of property inasmuch as it will be rehabilitated or
something will be constructed of which the citizens will be proud. He
said the citizens of Beechwood Gardens are concerned about the site and
its condition, however, as the City Planning Commission indicated, to
locate a Moore's is an improper use of a valuable piece of property,
noting that what is being recommended is a transition from residential
to commercial.
325
326
Mr. Bounds requested that Council vote against the rezonin§
because it is inappropriate, and that Council look at the site and take
note amon9 other things that the building has been moved from a pro-
posed 40 feet to 20 - 25 feet closer to the neighborhood.
Mr. Steven Higgins, 1713 Patterson Avenue, S. W., appeared before
Council and advised that approximately one year ago he put to~ether a
package for renovation of the property in question which consisted of a
type of conversion, and received sealed bids from local contractors on
the project. He said he represents several individuals who are
interested in putting together a package for condominium conversion;
that the proposal presently calls for refurbishing the 82 existin§
units; that Phase [! of the project includes an additional 48 units
which would provide for a total of 130 units. He explained that 90 per
cent of the package has been prepared and his presence before Council
is to indicate that the package can be put together and the property
can be refurbished into condominiums. He commented that presently the
tax revenue to the City from the property is $9,000.00 per year;
however, with his proposal, the tax revenue would §enerate approxima-
tely $62,000.00 per year.
Mr. James B. Rivenbark, one of the managing partners of the pro-
perty in question, appeared before Council and advised that he was
invited to Roanoke by a realtor some time ago along with several of his
friends to invest in the City of Roanoke and they invested in the
apartments in question; that they planned to rehabilitate the apart-
ments and went through a §rear deal of expense and a long period of
time obtaining HUD approval for the units; that by the time they
received approval, no funds were available through HUD and from that
point on, with double digit inflation in the late 1970's and early
1980's they went from one investment company to another attempting to
obtain the necessary funds to renovate the units. He said they were
unable to economically come up with the numbers to make the project
work, and the property was on the market for approximately five years,
adding that if Mr. Higgins had approached him with his proposal, he is
certain they would not be appearing before Council this evening. He
said they have done everything possible with the property and it has
been a financial drain on all the partners.
Mr. Rivenbark pointed out that Moore's does not have any night
lights that will be shining into the neighborhood or any speaker
systems that will blare out.
He stated that he has talked with many lending institutions about
obtaining funds for renovation but because of the new tax laws, there
is no positive cash flow which can be foreseen for more than ten years,
and he added that it is economically not feasible for the property to
stay like it is. He requested that Council consider the best use of
the property and approve the request for rezoning.
Mr. Phillip Brammer, 1019 Beechwood Drive, S. W., appeared before
Council in support of the request for rezoning.
Mr. Harvey inquired as to the feasibility of deleting the entrance
off Roberts Road; whereupon, Mr. Smeltzer advised that if an accident
were to occur at the Franklin Road entrance, it would cause problems
for fire or other emergency vehicles which might need to get onto the
property. He said the main entrance to the property will be from the
Franklin Road entrance, and the Roberts Road exit or access is intended
primarily for exiting traffic.
Mr. Smeltzer advised that Moore's is willing to install signs
instructing trucks to use Franklin Road for entering and exiting. He
said Moore's hired Richard B. Burrow, Engineer, to study the traffic
situation; whereupon, question was raised as to whether or not tractor
trailer traffic could be eliminated from Roberts Road completely. Mr.
Burrow responded tllat it is an enforcement matter, noting that the pro-
perty requires and needs two entrances and two exit areas to operate in
the safest manner possible, advising that there is a very confined area
for Franklin Road -access and there is also a problem with topography
and being able to meet the requirements for parking on the site itself.
327
He added that the site has been a difficult area with which to work
topographically, and yet accomplish some of the thin9s Moore's wishes
to accomplish with the building itself. He explained that any delivery
vehicle would almost be physical)y forced to use the Franklin Road
entrance and exit area which is how it wil] be signed on the site
itse]f.
Mr. ~neltzer further advised that Moore's will proffer signing to
the extent possible that all trucks will use the Franklin Road entrance
and exit area and go one step further that Moore's will cooperate with
the City of Roanoke relative to a traffic island on Roberts Road, which
would make it physically impossible for truck traffic to use the
entrance. He said Moore's will voluntarily proffer to install the sign
and work with the City's Traffic Engineer to accomplish anything that
can legally be done to prevent use of the entrance by anyone other than
normal retail traffic.
Mr. Hart advised that Moore's will also proffer to install a
barrier that will limit the height of any vehicle passing under it
which will be structured in such a manner that a tractor trailer will
be unable to go under the barrier.
Mr. George W. Holt, Jr., 1022 Beechwood Drive, S. W., appeared
before Council and advised that truck drivers are going to use the
easiest possible way in and the easiest possible way out.
Mrs. Julian B. Dryfoose, 1007 Gardens Road, S. W., appeared before
Council and questioned how tractor trailers will use the Franklin Road
entrance when there is already heavy traffic congestion on Franklin
Road.
Mr. Charles S. Helms, 2952 Roberts Road, S. W., again appeared
before Council and advised that he does not understand how a five foot
or a six foot fence will hide a two story building. He said he does
not wish to see additional traffic in the area, noting that it is a
nice, clean neighborhood and he would like to see it remain that way.
He called attention to hazardous conditions for children in the area
due to increased traffic.
Mr. Edward Anderson, 2924 Roberts Road, S. W., appeared before
Council and advised that he has been driving a tractor trailer in the
City of Roanoke for 33 years, and stated that a truck driver does not
do anymore work with his truck than he is required to do.
The Vice-Mayor advised that the proffers above alluded to by Mr.
Smeltzer and Mr. Hart must be in writing and therefore, the matter will
need to be addressed by Council at its next regular meeting on Monday,
June 15, 1987, after the proffers have been reduced to writing.
Question was raised as to whether or not the proffers could be
included in the ordinance presently before Council; whereupon, the City
Attorney advised that it is not clear as to the content of the prof-
fers, they should be reduced to writing and included in an amended
petition to rezone so there will be no confusion as to how the proffers
will be enforced five to ten years from this date.
Mr. Smeltzer advised that the site plan has been proffered; that
Roberts Road is almost .physically impossible to be used by large
trucks; and withdrew the oral proffers as above set forth.
m
The City Manager advised that whatever language is needed can be
drafted this evening, and Council may consider the language as a part
of the petition inasmuch as he has the appropriate staff persons in
attendance.
Upon question, Mr. Smeltzer stated that he would be willing to
submit the oral proffers if they can be voted upon by Council this eve-
ning;.whereupon, the City Manager advised that within thirty minutes
language could be brought back to the Council for discussion in public
forum.
328
At 9:15 p.m., the Vice-Mayor declared the meeting in recess.
At 9:45 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Council member Bowles and Mayor Taylor.
The City Attorney advised that language is submitted for Council's
consideration which has been proffered by the applicant and has the
City Attorney's approval as to form. He said the amended ordinance
would provide the following additional conditions on page 2:
Moore's shall erect on its property signs
designed to prohibit truck access to the
rezoned property from Roberts Road.
e
Moore's shall erect and maintain a height
barrier designed to prohibit access by
vehicles in excess of ten feet in height at
the Roberts Road entrance to the rezoned pro-
perty, which barrier shall not exceed ten feet
in height above the pavement measured at its
center point.
e
Moore's shall not erect any sign on its pro-
perty indicating the existence of egress or
ingress to tile rezoned property via Roberts
Road.
The City Attorney further advised that at the end of the line
which is the next to the last line of the ordinance, the words "and
that" should be stricken, and the following becomes a sentence standing
on its own which should read as follows: "Sheet No. 128 of the Zone
Map shall be changed in these respects."
Mr. Smeltzer advised that the above are Moore's voluntarily prof-
fered conditions.
Mr. Bounds stated that he was a part of the meeting establishing
the above proffers, advising that approval would be contrary to matters
which should concern Council; viz: the recommendation of the City
Planning Commission, the overall City's Comprehensive Plan and the com-
ments that have been made to Council this evening. He said Moore's
will sell its soul to locate in the area.
Mr. Trout moved that the amendments as above set forth by the City
Attorney be approved and incorporated into Ordinance No. 28667 on
first reading. The motion was seconded by Mr. Garland and adopted.
Ordinance No. 28667, on first reading, as amended, was adopted by
the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ........... 5.
NAYS: None ...........
(Council member Bowles and Mayor Taylor were absent.)
Oe
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately, He called specific attention to two
requests for Executive Sessions to discuss the disposition of publicly
held property.
329
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 27, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the followin9 vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ..... 5.
NAYS: None- O.
(Council member Bowles and Mayor Taylor were absent.)
TRAFFIC: A report of qualification of Gary E. Pritchard as a
member of the Roanoke Transportation Safety Commission for a term
ending October 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser-- 5.
NAYS: None- O.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (al (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ............................... 5.
NAYS: None ........... O.
(Council member Bowles and Mayor Taylor were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (al (2), Code of Virginia (1950}, as amended, was
before the body.
(For full text, see report on file in 'the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser .............. 5.
NAYS: None ....... O.
(Council member Bowles and Mayor Taylor were absent.)
330
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC ~TTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CELEBRATIONS: A communication from Deborah Morgenthal, Special
Assistant to the Secretary, Blue Ridge Parkway Dedication '87, advising
that on September 11, 1987, the Blue Ridge Parkway will reach an
historic milestone inasmuch as after 52 years of construction and
approximately $124,000.00 in costs, the scenic motor road will be
completed; that in recognition of this achievement, a summer-long
celebration entitled "Dedication '8/" is being planned by the
Con~onwealth of Virginia, the State of North Carolina and the Blue
Ridge Parkway Association; and the highlight of the celebration will be
dedication ceremonies at Grandfather Mountain which is the location of
the final segment of Parkway construction; and on September 11, this
panoramic 7.5 mile section officially will be opened to the public, was
before Council.
To help adequately observe this occasion, Ms. Mor§enthal solicited
Council's support for "Dedication '87" in the form of a resolution.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the communication be referred to the City
Manager and the City Attorney for preparation of the proper measure.
The motion was seconded by Mr. Trout and adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6219 - $8,450.00 for the Staff Develop-
ment Title II, 1987 program to
provide funds for staff develop-
ment activities. The program is
one hundred per cent reimbursed by
federal funds.
Grant No. 6221 - $3,000.00 for the Instructional
Services Title II program to pro-
vide funds to improve the par-
ticipation of female and minority
students in mathematics and
science education. The program is
one hundred per cent reimbursed by
federal funds.
The Board further requested that Council appropriate $160,000.00
of Undesignated Capital Project Funds to provide for the purchase of
computer equi~nent for the Instructional Management systm~, advising
that the system will provide automated testing and student evaluation
services for each elementary school.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of two school grants and undesignated
capital funds for the School Board; that the Staff Development Title II
and Instructional Services Title II grants are funded with 100 per cent
federal funds; that Council is requested to appropriate $160,000.00 of
interest earned on unspent school bond proceeds to purchase computer
equipment for the Instructional Management System in elementary
schools, and funding for this equipment was identified in the City's
Five Year Capital Improvement Program; and recommending that Council
concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
331
Mr. Garland offered the following emergency budget Ordinance:
(#28668) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 215.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ...... 5.
NAYS: None-
(Council member Bowles and Mayor Taylor were absent.)
Mr. Garland offered the following emergency budget Ordinance:
(#28669)
the 1986-8/
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 215.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser. 5.
NAYS: None-- O.
(Council member Bowles and Mayor Taylor were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-ANIMALS: The City Manager submitted a written report
advising that on March 5, 1987, the Mayor received a communication from
the State Health Commissioner citing the increased number of rabies
cases and the spreading of the geographic areas affected, and urging
that the City of Roanoke adopt an ordinance requiring cats to be immu-
nized against rabies; and on April 21, 1987, he received a communica-
tion from the Director of the Roanoke City Health Department in support
of the communication from the State Health Commissioner.
It was explained that 43 localities in Virginia have enacted
requirements for cat innoculation according to the State Health
Department; that Roanoke City has not found rabid animals wild or
domestic, however, there are pockets of wild animal concentrations
within the City, and the animals are of the type that are carriers and
susceptible to rabies, with the possibility of wild animal contact with
domestic cats being very high; that domestic and feral cats are pre-
sently considered free-roaming animals in the City and no ordinance
exists requiring rabies vaccination; that the State has not provided
authority for localities to require licensing of cats and the greatest
threat to public health is through contact with domestic cats and dogs
that may have contracted rabies from wild animals.
The City Manager recommended that Council amend Section 6-62 of
the Code of the City of Roanoke, {1979), as amended, to require rabies
innoculations for cats, advising that while it is recognized that
enforcement of this regulation will be difficult in the absence of a
licensing provision for cats, it will none the less provide a measure
332
of protection for citizens and animal contro! officers coming in con-
tact with domestic animals; further advising that the City Health
Department, Police Department, and the Veterinarian's Association will
sponsor an innoculation clinic to further encourage voluntary com-
pliance with the ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#286?0) AN ORDINANCE amending and reordaining subsections (a)
and (b) of §6-62, Vaccination of dogs., Code of the City of Roanoke
(1979), as amended, to require rabies innoculations for cats; establi-
shing an effective date; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 216.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser- 5.
NAYS: None .... O.
(Council member Bowles and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council considered the Wastewater Facility Plan
and reports from the Water Resources Committee and the City Planning
Co~mission on June 1, 1987, in which both the Committee and the Commis-
sion recommended that Council approve the Wastewater Facility Plan; and
Council, by voice vote, agreed to refer the plan to the State Water
Control Board.
The City Manager recommended that there be a measure on record
showing Council's approval, which would be important when applying for
funding for specific projects and would be easier than making and
attesting copies of Council's official minutes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28671) A RESOLUTION approving the Wastewater Facility Plan for
the City.
(For full text of Resolution, see Resolution Book No. 50, page 217.)
ACTION: Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser- 5.
NAYS: None .....
(Council member Bowles and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for construction of the Park Lane, S. W., duplex grinder
sewage lift station and force main, presented a written report on
behalf of the committee, recommending that Council take the following
actions:
Award a lump sum contract to S. C. Rossi & Co.,
Inc., in the amount of $35,552.50, in a form accep-
table to the City Attorney.
333
ACT[ON:
ACT[ON:
Reject all other bids received.
Appropriate the listed amounts from the following
funds:
Sewer Fund, Retained Earnings
Julie Slusher's share of costs,
to be collected prior to award.
Charles Lex's share of costs, to
be collected prior to award.
Total
$ 2/,958.50
5,887.00'
5,262.00*
$ 39,107.50
*Amounts based on percentage of original prelimi-
nary estimate.
to project S-86-10, Park Lane, S. W., duplex grin-
der sewage lift station and force main with an
account number to be established by the Director of
Finance covering $35,552.50, contract amount, and
$3,555.00 contingency.
A report of the City F~nager concurring in the recommendations of
the committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28672) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 218.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser .................................. 5.
NAYS: None- O.
(Council member Bowles and Mayor Taylor were absent.)
Mr. Garland offered the following emergency Ordinance:
(#28673) AN ORDINANCE accepting the bid of S. C. Rossi & Company,
Inc., for construction of a sewage lift station and force main located
on Park Lane, S. W., upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 218.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser .................... 5.
NAYS: None .............. O.
(Council member Bowles and Mayor Taylor were absent.)
334
ACTION:
ACTION:
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman,
presented minutes of the meeting of the Audit Committee held on Monday,
June 1, 1987, advising that the committee reviewed, received and filed
the microcomputer report from the Municipal Auditor; reviewed, received
and filed the June 30, 1987, Audit Plan from Peat Marwick; and went
into Executive Session to discuss a personnel matter.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed.
motion was seconded by Mr. Bowers and adopted.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ROANOKE MEMORIAL HOSPITALS-SPEC[AL PERM[TS: Ordinance No. 28662
granting a revocable license to Roanoke Memorial Hospitals for the
construction of a certain wall encroaching over and into the right-of-
way of South Jefferson Street, located at the intersection of South
Jefferson Street and Yellow Mountain Road, S. E., Official Tax No.
4060601, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, June 1, 1987, read
and adopted on its first reading and laid over, was again before the
body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28662) AN ORDINANCE granting a revocable license for the
construction of a certain wall encroaching over and into the right-of-
way of South Jefferson Street, located at the intersection of South
Jefferson Street and Yellow Mountain Road, S. E., Official Tax No.
4060601, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 213.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ........... 5.
NAYS: None- O.
(Council member Bowles and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL: Mr. Harvey offered the following Resolution finding the
Mayor to be incapacitated by sickness, excusing his attendance at
Council meetings and authorizing the Vice-Mayor to perform the duties
of the Mayor during his disability:
"(#28674) A RESOLUTION finding the Mayor to be
incapacitated by sickness, excusing his attendance
at Council meetings and providing for the Vice-
Mayor to perform the duties of the Mayor during his
disability.
WHEREAS, the Honorable Noel C. Taylor, Mayor, has
recently been hospitalized and has undergone
surgery;
WHEREAS, Mayor Taylor has regrettably been absent
from three consecutive meetings of Council;
WHEREAS, §11 of the Roanoke Charter of 1952 pro-
vides that absence from five consecutive regular
meettngs of Council shall operate to vacate the
seat of a Council member, unless the absence is
caused by his being incapacitated by sickness or is
excused by the Council by resolution setting forth
the reason thereof and entered upon the journal;
ACTION:
ACT[ON:
WHEREAS, §15 of such Charter provides that, during
the absence or disability of the Mayor, his duties
shall be performed by the Vice-Mayor; and
~HEREAS, this Council is desirous of clarifying the
status of the Mayor and the authority of the Vice-
Mayor to act during the Mayor's disability;
THEREFORE, BE IT RESOLVED by the Council of the
City of Roanoke as follows:
This Council finds Noel C. Taylor, Mayor, to
be incapacitated by sickness, and the Council
hereby excuses the Mayor's absences from the
Council meetings of May 26, 1987, June 1,
1987, and June 8, 1987.
0
During the disability of the Mayor, the Honor-
able Howard E. Musser, Vice-Mayor, shall be
authorized and empowered to perform any and
all acts, duties and functions required of the
Mayor, including the execution on behalf of
the City of deeds, contracts, licenses,
franchises and other legal documents.
The Vice-Mayor's authority to perform the
duties of the Mayor shall continue until the
City Clerk has received a written notice
signed by the Mayor stating that his incapa-
city and disability have ceased and that he is
able to once again assume the Office of Mayor,
such notice to be duly entered upon the jour-
nal of Council and filed among the permanent
records of the City.
e
The *Clerk is directed to enter this resolution
upon the journal of Cotlncil and to file such
resolution among the permanent papers of the
City."
(See Resolution Book No. 50, page 219.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ......... .---5.
NAYS: None ............. .0.
(Council member Bowles and Mayor Taylor were absent.)
OTHER HEARINGS OF CITIZENS:
SEWERS AND STORM DRAINS-FLOODS-PURCHASE/SALE OF PROPERTY: Mr.
James B. Lightfoot, 2101 Hanover Avenue, N. W., appeared before Council
on behalf of certain of his neighbors in reference to moving homes from
Shadeland Avenue into his neighborhood. He said he is in favor of the
project inasmuch as there are people in the Roanoke Valley who need
homes. He explained that there has been opposition to the project,
however, it may have been due to misinformation and upon learning about
the project he contacted the City's Zoning Office to obtain correct
information and was assured that the homes will have new wiring
installed, new plumbing, insulation and complete renovation before they
are sold as single family dwellings. Mr. Lightfoot said he appears
before Council in a spirit, of acceptance of the project with the
understanding that Council will assure the neighborhood that these com-
mitments will be kept and the houses will not be renovated and sold as
rental property.
Mr, Trout moved that the remarks be referred to the City Manager
for consideration. The motion was seconded by Mr. Bowers and adopted,
335
336
At 10:25 p.m., the Vice-Mayor declared the meeting in recess.
At 10:45 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Council member Bowles and Mayor Taylor.
CULTURAL CENTER-PARKING GARAGE: The City Manager submitted a
written report advising that the Market Square Parking Garage was
completed in 1984; that the facility was designed to include approxima-
tely 3,000 square feet of retail space; that retail space is shell
space with no covered floors, ceilings, walls, electrical wiring, HVAC,
etc.; and the unfinished nature of the space has made it extremely
difficult to lease.
It was explained that original discussions with Orvis, Inc.,
before Roanoke was selected as the location for its fulfillment
center included a desire on the part of the City to make retail space
available to Orvis should they choose Roanoke; that the terms of a
lease agreement with Orvis Roanoke, Inc., for a major retail store have
been negotiated; and major items in the proposed lease agreement inclu-
de:
Rent - $4,500.00 per year + one per cent of the first
$500,000.00 in gross revenue from sales from the
leased premises, three per cent of the gross reve-
nue between $500,000.00 and $1 million, and four
per cent of the gross revenue over $1 million.
Improvements - The City will bid the full package
of required basic improvements for the space which
would include such things as plumbing, electrical,
lighting, mechanical, heating and air conditioning
systems, replacement of exterior windows, wall
coverings, flooring, showcase windows (if approved
by Western Virginia Foundation for Arts and
Sciences), etc. Orvis Roanoke, Inc., will reim-
burse the City for any cost over $50,000.00 to be
secured by a letter of credit. Orvis Roanoke,
Inc., will be allowed a rent credit for the first
$25,0D0.00 spent by Orvis Roanoke, Inc., for basic
improvements above the City's $50,000.00.
Lease term - five years.
Eminent Domain - City agrees not to use its power
of eminent domain to take all or any portion of the
leased premises.
Space - 3,000 square feet of retail space plus
storage area and two parking permits at market
rate.
The City Manager recommended that he be authorized to execute the
lease, as follows:
Cost to the City would be $50,000.00. Funds have
been identified in Account No. 008 056 9550 9003.
This cost plus the money Orris will be spending on
the property will be used to make the basic per-
manent improvements to the structure which will
then be owned by the City even after any lease with
Orris might expire. Specific funding recommen-
dations will be made at the time of recommendation
regarding the bid for the basic improvements.
Timing is important in that Orvis Roanoke, Inc.,
would like to be open for business by Labor Day.
337
Economic development in the City would be greatly
enhanced. Roanoke will have one of only six Orvis
stores in the country, including New York, Chicago,
Manchester, Vermont, Houston and San Francisco. It
will act as a tremendous attraction for retail
sales into the City. Interest from other retailers
to locate in the Market area has occurred since it
has been known that Orvis might locate a store in
that area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#286?5) AN ORDINANCE authorizing the execution of a lease agree-
ment for approximately 3,000 square feet of retail space and an addi-
tional storage area within the Market Square Parking Garage.
(For full text of Ordinance, see Ordinance Book No. 50, page 222.)
ACTION: The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Garland, Harvey, Trout, Bowers and Vice-
Mayor Musser ........................ 5.
NAYS: None ................
O®
(Council member Bowles and Mayor Taylor were absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:50 p.m.
i
ATTEST: f~
City C1 erk
APPROVED
Vice-Mayor
338
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 15, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 15, 1987, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, James O. Trout, David A. Bowers and Vice-Mayor Howard E.
Musser ............ 6.
ABSENT: Mayor Noel C. Taylor ........
-1.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
AIRPORT-COUNCIL: Mr. Delvis O. (Mac) McCadden, representing
Piedmont Airlines, presented momentos to Council of Piedmont's
inaugural flight from Charlotte, North Carolina, to London, England, on
Monday, ~une 15, 1987.
' On behalf of the members of Council, the Vice-Mayor expressed
appreciati on.
' ~, BID OPENINGS: ' :
ACTION:
ACTION:
FIFITH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: Pursuant to
notice of advertisement for bids for alterations and additions to the
Knights of Pythias Building for the Fifth District Employment and
Training Consortium, said proposals to be received by the City Clerk
until 1:30 p.m., on Monday, June 15, 1987, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon there-
after as the matter may be heard, the Vice-Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Vice-Mayor instructed the City Clerk
to proceed with the opening of the bids; whereupon, the City Clerk
opened and read the following bids:
BIDDER
BASE BID TOTAL
Construction Services of
Roanoke, Inc.
Forest Hill Associates of
Roanoke, Inc.
Building Specialists, Inc.
Martin Brothers Contractors, Inc.
$85,614.00
87,214.00
90,916.00
93,950.00
Mr. Harvey moved that the bids be referred to a con~nittee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman,
William F. C)ark and James D. Ritchie as members of the committee.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and wi)l
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a personnel matter.
MINUTES: Minutes of the special meeting of Council held on
Tuesday, April 28, 1987; the regular meeting held on Monday, May 4,
1987; and the special meeting held on Monday, May 11, 1987, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........ 6.
NAYS: None .........
(Mayor Taylor was absent.)
BUILDINGS: A report of the City Manager advising that the
Virginia Statewide Uniform Building Code requires that the Building
Commissioner be certified as competent in building construction; that
one of the requirements of this certification is successful completion
of a certification examination for Professional Code Administrators
developed by the National Academy of Code Administration; that the
certification examination covers management, legal issues, and tech-
nical details of building construction and code administration; that
only approximately 17 per cent of those taking the Professional Code
Administrator Examination pass on the first attempt; that Ronald H.
Miller, the City's Building Commissioner/Zoning Administrator, and
Ronald Smith, Chief Building Inspector, took the CPCA Examination last
spring and passed; and passing of the test by the two men is testament
to their knowledge and ability in Building Code Administration and the
City should be proud to have staff of their caliber.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed, lhe motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........
NAYS: None ....... -0.
(Mayor Taylor was absent.)
SCHOOLS: A report of qualification of Sallye T. Coleman and
William White, Sr., as Trustees of the Roanoke City School Board for
terms of three years each, con~nencing July 1, 1987, and ending June 30,
1990, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ....... .6.
NAYS: None ........
-0.
(Mayor Taylor was absent.)
339
34O
ACTION:
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........... . ..... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES: A communication from the Industrial Development
Authority requesting approval of a plan to assist Progress Press, Inc.,
in financing the acquisition and installation of a conjLn..ercial printing
press and related equipment in the City, by issuance of its industrial
development revenue bond, in an amount estimated at $1,2~0,000.00, was
before Council.
(For full text, see communication on file in the City ~l~rk's Office.)
?
Mr. Trout offered the following Resolution:
(#28676) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia for
the benefit of Progress Press, Incorporated, to the extent required by
Section 147(f) of the Internal Revenue Code of lg86.
(For full text of Resolution, see Resolution Book No. 50, page 222.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......... 6.
NAYS: None .............
(Mayor Taylor was absent.)
.0.
A report of the City Manager advising that the City has received
one request for the State allocation of industrial revenue bonds; that
the Industrial Development Authority has endorsed the request of
Progress Press, Inc., for $1,200,000.00 from the State Reserve; that
the City Administration also endorses the project and recommends that
Council endorse the request of Progress Press, Inc., by adoption of a
measure and direct the City Administration to see that the request is
forwarded to the State Reserve, Department of Housing and Community
Development, was before Council. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr, Trout and adopted.....:. -.~.
The
ACTION:
341
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager submitted
a written report advising that the present hospitalization and health
insurance contract is with Blue Cross/Blue Shield of Virginia and
expires on December 31, 1987; that the solidated Omnibus Budget Recon-
ciliation Act of 1986, a new Federal law, requires employers sponsoring
group health insurance plans to offer employees and their families the
option, at the employee's expense, of temporary extension of health
coverage upon separation from the City; that all City employees par-
ticipating in the group health insurance program were notified of the
new Federal law and option of extended coverage by letter of
December 23, 1986; and additional providers of benefits have been added
to all Blue Cross/Blue Shield contracts as follows:
Licensed Clinical Social Workers
Licensed Professional Counselors
Licensed Registered Physical Therapists
It was explained that two amendments to the current Blue Cross
contract require Council approval in order to provide for Blue Cross
administration of COBRA and new benefits for additional providers; that
Blue Cross/Blue Shield of Virginia has administered the City's COBRA
requirements since January, 1987, at an estimated annual cost to the
City of $6,325.00; and $3,163.00 is needed to pay for the services
through the.end of the current fiscal year. It was further explained
that COBRA administration requires the following activities:
Notification of employee and/or dependents of right
to continue benefits.
Coordination of applications and payments to Total
Program Administration (Division of Blue Cross Blue
Shield).
Tracking of various time periods and payments.
Continued monitoring of eligibility requirements.
The City Manager recommended that he be authorized to execute two
amendments to the Blue Cross/Blue Shield hospitalization and health
insurance contract to provide for administration of COBRA compliance
and to provide for additional providers of benefits.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28677) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providin~ for an
emergency..
(For full text of Ordinance, see Ordinance Book No. 50, page 223.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council. members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........ 6.
NAYS: None ........
-0.
(Mayor Tay!:oer wa.s. ,absent.)
:
342
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28678) AN ORDINANCE authorizing the execution of two amendments
to the City's group hospitalization and health insurance contract with
Blue Cross and Blue Shield of Virginia, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. ~0, page 224.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ......... 6.
NAYS: None ......... ---0.
(Mayor Taylor was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that tile Fifth
District Employment and Training Consortium administers the Tit]e II-B
Summer Youth Program for economically disadvantaged youth; that the
program runs from May 1 to September 30 of each year; and the Gover-
nor's Employment and Training Department utilizes a portion of JTPA
funds to reward Service Delivery Areas exceeding their performance
standards for the Title II-A Program.
It was explained that Roanoke City was chosen as one of six loca-
lities in the State of Virginia to be a pilot agency to participate in
an innovative program called Grant Diversion, also known as Project
Trade; that the Consortium will operate the on-the-job training aspects
of the program under a contract with the Department of Social Services;
that Counci] approved the agreement at its May 4, 1987 meeting; and
Roanoke City is the grant recipient for Consortium funding and Council
must appropriate all grant funding received by the Consortium.
The City Manager advised that carry-over funds from the Sum~er
Youth Program last year amounted to $23,295.00; that new Summer Youth
funding was received in the amount of $454,054.00; that this amount
represents a thirty per cent cut from the previous year; and a total
of 392 youth from the Fifth Planning District are planned to be served,
with 228 of the tota] being youth from Roanoke City.
The City Manager further advised that the Consortium exceeded all
the performance standards prescribed by the Governor's Employment and
Training Department for Title II-A last year; that $66,365.00 was
awarded to the Consortium for its performance, and performance stan-
dards included a placement rate of 60 per cent, total placements of 267
and average wage at placement of $4.25 per hour; that the on-~he-job
training segment of Project Trade is currently being implemented by the
Consortium; that Project Trade is funded for the balance of the year by
a $4,962.00 contract with the Roanoke City Department of Social
Services; and continued funding is expected for next fiscal year.
The City Manager recon~mended that Council appropriate $525,381.00
of Consortium funding and establish a revenue estimate for $525,381.00
in accounts to be established by the Director of Finance.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28679) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 224.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ....... -6.
343
NAYS: None .......................
(Mayor Taylor was absent.)
FIRE ~EPARTMENT: The City Manager submitted a written report
advising that the National Fire Protection Association Standard 1981
established criteria for fire suppression personnel work uniforms; that
the standard requires that uniforms worn beneath standard protective
clothing be made of fire retardant materials; that when the standard
was issued, the majority of the nation's Fire Departments were wearing
100% polyester uniforms; and use of the 100% polyester material has
been proven to intensify the severity of burns as a result of the
polyester melting and adhering to the skin of firefighters.
It was explained that the Fire Department Administrative Services
Division developed specifications for a summer work shirt; and a
request for quotations and specifications were sent to eight vendors as
identified on the City's bid list, with four responses being received.
The City Manager recommended that Council accept the lowest bid
submitted by Rubin Brothers, Inc., to provide 730 fire retardant sta-
tion work shirts at a cost of $14,417.50; and additional items of
clothing will be purchased from the Fire Department operating budget
during fiscal year 1987-88.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28680) AN ORDINANCE accepting the bid of Rubin Brothers,
Incorporated, made to the City for furnishing and delivering 730 fire
retardant work shirts for the Fire Department; rejecting all other bids
made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 225.}
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......... 6.
NAYS: None .......
(Mayor Taylor was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that three lighted tennis courts located at Shrine
Hill Park (near Patrick Henry High School campus) have been closed to
the public because of unsafe conditions of the playing surface, and pot
holes and cracks have developed on all three courts; that use of the
tennis courts, prior to their closing, was extensive; and immediate
need is to provide adequate tennis facilities to accommodate recreation
play by neighborhood residents and tennis programs of Patrick Henry
High School, Woodrow Wilson Junior High School and the City's
Department of Parks and Recreation.
It was. explained that the estimated cost of repairing the existing
court surface to meet the immediate need is $17,000.00; that City for-
ces will take down the existing fence around the courts and reinstall
the same fence after completion of the paving work by a private con-
tractor; and the estimated long-term need, as concurred in by the City
and School 'Administrations, is to develop a complex of six new lighted
tennis courts within the Patrick Henry High School campus for joint use
by the neighborhood residents and schools, at an estimated cost of
$185,000.00 for six new lighted courts.
The City Manager advised that the City School Administration has
agreed to share the cost of repairing the subject court surface on a
fifty-fifty basis, as follows:
344
City of Roanoke
Roanoke City Schools
$ 8,500.00
8,500.00
The City Manager recommended that Council authorize the transfer
of $1/,000.00 from the following sources into a capital account to be
established by the Director of Finance for the Shrine Hill Park Tennis
Court Renovation Project:
City of Roanoke Account No. 001-050-4340-2038 $ 8,500.00
Roanoke City School Account No. 001-060-6006-6085-0334 8,500.00
Total $17,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28681) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Capital Funds Appropriations, and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 226.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
INDUSTRIES: The City Manager submitted a written report advising
that the Roanoke Centre for Industry and Technology was established by
the City and can be subdivided into several tracts of land for sale to
new and existing industries; that an option between the City and
Nicholas F. Taubman for Advance Stores Company, Inc.. dated September
24, 1986, was for 28.1 acres of land in the RCI~ at a price of
$210,750.00; that Mr. Taubman notified the City on February 17, 1987,
that he was exercising the option; that subdivision of the 28.1 acre
tract by the City is also required and must be done by the time of
closing which is to be held by August 11, 1987; that access road for
Blue Hills Golf Club crosses the RCIT in a private right-of-way and
easement for a distance of approximately 0.40 mile, a major portion of
which is on the Advance Auto site, and an easement for relocation of
this private right-of-way and easement is desired at this time.
It was explained that the subdivision plat has been completed;
that Council must authorize the Mayor or Vice-Mayor to execute the plat
before it is put to record; that the plat includes the 28.1 acre tract
for Advance Auto, dedication of new roads within RCIT, and the reloca-
tion of the private right-of-way and easement to serve Blue Hills Golf
Club; that improvements to the Advance Auto site by the City will be
completed by August 17, 1987, which involves the site grading project
being done by Thomas Brothers, Inc., for the contract price of
$425,660.40; that Blue Hills Golf Club has been provided with a new
access roadway off of Blue Hills Drive; that this proposed private
right-of-way and easement is approximately 0.15 mile in length, and has
been constructed to the same 20-foot width to which the original road-
way was constructed.
The City Manager recommended that Council authorize the Mayor or
the Vice-Mayor to execute the following:
Subdivision plat upon its approval by the City
Engineer and Agent for the Planning Con~nission,
subdividing 28.1 acres in the Roanoke Centre for
Industry and Technology in accordance with the
option with Nicholas F. Taubman and for the
appropriate officials to take any other actions
required to convey this property to Mr. Taubman.
345
Agreement for the relocation of a private right-of-
way and easement as shown on the same subdivision
plat.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28682) AN ORDINANCE authorizing the execution of a plat sub-
dividing a _ parcel within the Roanoke Centre for Industry and
Technology, dedicating certain rights-of-way therein, and authorizing
the execution of an agreement providing for the relocation of a certain
private right-of-way and easement, as shown on such plat.
(For full text of Ordinance, see Ordinance Book No. 50, page 236.)
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ..... 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
BUDGET-FIRE DEPARTMENT-POLICE DEPARTMENT-WATER DEPARTMENT-PUBLIC
ASSISTANCE-CITY ENGINEER: The City Manager submitted a written report
concurring in a report of the Bid Committee recommending that word pro-
cessing equipment be purchased for the Directors' Office, as follows:
Appropriate $13,040.00 from the Capital Maintenance
Equipment Replacement Program to provide for the
purchase of new IBM word processing equipment
through the State Contract System, as
Four - new IBM system units/keyboards from Today's
Computer Business Center for $6,568.00.
Four - new IBM display and printing units from
Bethco, Inc., for $5,220.00.
Word processing software for above processors from
Technology Services, Inc., for $1,152.00.
Recommended appropriation as follows:
$3,260.00 - Administration & Public Safety -
Account No. 001-050-1260-9005.
$3,260.00 - Director, Public Works - Account
No. 001-052-1280-9005.
$3,260.00 - Director, Utilities and Opera-
tions - Account No. 001-056-1250-
9005.
$3,260.00 - Director, Human Resources -
Account No. 001-056-1270-9005.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28683i AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 227.)
346
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28684) AN ORDINANCE authorizing the purchase of certain word
processing equipment by utilizing the Commonwealth of Virginia contract
with certain vendors; rejecting other bids; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 227.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ......... 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
BUDGET-CITY EMPLOYEES: The City t~nager and the Director of
Finance submitted a joint written report advising that the 1987 fiscal
year General Fund budget includes $650,000.00 of anticipated lapse of
salary and wages; that the majority of changes on a proposed budget
ordinance will reduce departmental salary budgets and decrease the
budgeted lapse account by the same amount; and total salary lapse
remaining will be as follows:
Original budgeted amount
First quarter lapse realized
Second quarter lapse realized
Third quarter lapse realized
Fourth quarter lapse realized
$ 650,000.00
(162,500.00)
(162,500.00)
(162,500,00)
(162,500.00)
Total Unrealized
$ - 0
Mr. H~rbert and Mr. Sch]anger advised that in addition to the
$650,000.00 budgeted amount, an additional $150,000.00 of lapse has
been identified; that this is being transferred to a non-departmental
account to fund the payroll expense accrual at the end of the fiscal
year 1987; that the payroll expense accrual currently recorded will be
increased by approximately $150,000.00 because time worked for June 30,
due to standard pay period cutoff, is not payable until July of fiscal
year 1988; and reco~ended adoption of a proposed ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28685) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 228.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......................... 6.
NAYS: None ................
O®
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report advising that the fiscal year 1986-87 General Fund and
Internal Service Fund budgets included funds in the non-departmental
category for payment of termination leave, workman's compensation wages
and medical expenses; that these three types of fringe benefits are
budgeted in the non-departmental category because annual charges to
each department are difficult to accurately project; that the actual
costs are charged to the applicable department in anticipation of
periodic budget transfers to cover costs; and, in addition, some trans-
fers between departments are needed to redistribute funds for hospita-
lization insurance and retirement.
It was explained that a proposed budget ordinance transfers funds
from the non-departmental category to applicable departmental budgets
and redistributes funds between departments to cover actual costs; and
a su~nary of the total transfers is as follows:
GENERAL FUND
INTERNAL
SERVICE FUND
Workman's Compensation Wages
Workman's Compensation Medical
Termination Leave Pay
Hospitalization Insurance
Retirement
$ 49,835.00 $ 2,305.00
127,667.00 1,387.00
53,221.00 7,985.00
22,980.00 - 0 -
7,165.00 - 0 -
Total $260,868.00 $11,677.00
The Director of Finance recommended a proposed budget ordinance
for Council's favorable consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28686) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 232.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. James D. Ritchie,
Chairman, Citizens' Services Committee, presented a written report on
behalf of the committee, advising that their budget was established by
City Council, pursuant to Ordinance No. 28632, by which the General
Fund Budget for fiscal year 1987-88 was adopted on May 11, 1987; that
public notice of opportunity for agencies to file applications to the
committee for City funds was published in local newspapers on
February 15, 19, 22, and 26, 1987, with an application deadline of
March 13, 1987; that 31 requests, in the total amount of $653,864.00
were received from various agencies; that individual study of each
application was made by committee members, and public hearings were
held on April 8 and 10, 1987, to consider the requests and hear appli-
347
348
ACTION:
cants; and agencies were notified of tentative allocation recon~en-
dations, and advised that they could appeal the Committee's tentative
recommendations.
The following recommendations were submitted for Council's con-
sideration:
City Council concur in the funding of the agencies
and in the mnounts recommended by the Citizens'
Services Committee, as shown on a schedule attached
to the report.
Cit) Council authorize the Chairman of the Citi-
zens' Services Committee and the Director of
Finance to not release funds to any agency until
objectives, activities, and other reasonable
requests of the evaluation team are submitted and
accepted.
Transfer $7,500.00 from the Citizens' Services Com-
mittee Budget, 001-054-5220-3700, Contributions, to
Director of Human Resources, 001-054-1270-2010, for
payment of performance audits.
Transfer $8,800.00 from the Citizens' Services Com-
mittee Budget, 001-054-5220-3700, Contributions, to
the Roanoke City Health Department as a line item
in the Health Department Budget, #001-0454-5110-
3727.
Transfer $17,500.00 from Citizens' Services Commit-
tee Budget, #001-054-5220-3700, Contributions, to
Director of Human Resources, Fees for Professional
Services, #001-054-1270-2010, for payment of ser-
vices for the Homeless Housing Proqram and/or
Abused Women's Shelter as provided to C~ty citizens
by the Salvation Army.
Authorize the City Manager or his designee to nego-
tiate a contract for the sum of $17,500,00 with the
Salvation Army for the provision of services to
City citizens under the Homeless Housing Program
and/or Abused Women's Shelter. Council will be
asked to authorize the execution of the contract
after it has been negotiated.
Transfer $22,200.00 from the Citizens' Services
Committee Budget, 001-054-5220-3700, Contributions,
to Valley Metro designated for RADAR (Unified Human
Services Transportation Systems).
Transfer $100,000.00 from the Citizens' Services
Committee Budget, 001-054-5220-3700, Contributions,
to an account to be established by the Director of
Finance for Contributions to Rescue Squads.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28687)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 234.)
Mr. GaFland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ....... 6.
349
NAYS: None .......
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28666 rezoning a certain tract of land
located on the north side of Shenandoah Avenue, !~. W., between Old
Stevens Road and Westside Boulevard, N. W., and designated as Official
Tax No. 2732201, from RS-2, Single Family Residential District, to C-2,
General Commercial District, having previously been before the Council
for its first reading on Monday, June 8, 198/, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28666) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 273, Sectional 19/6 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 220.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council ~mbers Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ......... 6.
NAYS: None
(Mayor Taylor was absent.)
.0.
ZONING: Ordinance No. 28667 rezoning a certain tract of land con-
taining 7.4163 acres, more or less, located at the intersection of
Franklin Road and Roberts Road, S. W., and designated as Official Tax
No. 1280602, from C-1, Office and Institutional District, to LM, Light
Manufacturing District, subject to certain proffered conditions, having
previously been before the Council for its first reading on Monday,
June 8, 1987, read and adopted on its first reading and laid over, was
again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#2866/) AN ORDINANCE to amend §36.1-3,. Code of the City of
Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 221.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser .......... -6.
NAYS: None
(Mayor Taylor was absent.)
0
CULTURAL CENTER-PARKING GARAGE: Ordinance No. 28675 authorizing
the execution of a lease agreement with Orvis, Inc., for approximately
3,000 square feet of retail space and an additional storage area within
the Market Square Parking Garage, havin9 previously been before the
Council for its first reading on Monday, June 8, 1987, read and adopted
on its first reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second reading and final adop-
tion:
350
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
(#28675) AN ORDINANCE authorizing the execution of a lease agree-
ment for approximately 3,000 square feet of retail space and an addi-
tional storage area within the Market Square Parkin9 Garage.
(For full text of Ordinance, see Ordinance Book No. 50, page 222.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ....... 6.
NAYS: None ......... . .....O.
(Mayor Taylor was absent.)
CELEBRATIONS: Mrs. Bowles offered the following resolution com-
memorating the completion of the Blue Ridge Parkway:
(#28688) A RESOLUTION commemorating the completion of the Blue
Ridge Parkway.
(For full text of Resolution, see Resolution Book No. 50, page
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ......... .6.
NAYS: None ...........
(Mayor Taylor was absent.)
ACTS OF ACKNOWLEDGEMENT: Mr. Bowers offered the following resolu-
tion memorializing the late Paul J. Puckett:
(#28689) A RESOLUTION memorializing the late Paul d. Puckett.
(For full text of Resolution, see Resolution Book No. 50, page
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Vice-Mayor Musser ........ 6.
NAYS: None ........
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
CULTURAL CENTER-PARKING GARAGE: The City Manager advised that
Council approved a lease agreement with Orris Roanoke, Inc., for retail
space and storage area within the Market Square Parking Garage, and
requested that the Vice-Mayor be authorized to appoint a bid committee
to open bids on the retail space on July 6, 1987, at 2:00 p,m., in the
Office of the Manager of General Services.
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mrs. Bowles and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, W. Robert
Herbert, Kit B. Kiser and William F. Clark as members of the committee.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 2:40 p.m.
ATTEST: ~
City C1 erk
APPROVED
Vi ce-Mayor
552
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
June 22, 1987
2:00 p.m.
The Council of the City of Roanoke met in '~eguiar meeting in the
C~nCil Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 22, 1987, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council members James G. Harvey, II, James O, Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland and Vice-Mayor Howard E.
Musser .................... 6.
ABSENT: Mayor Noel C. Taylor ....
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. James D. Grisso, Deputy Director of Finance; and Ms. Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Featller,
Pastor, Forest Park Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
PLANNING: The Vice-Mayor advised that several months ago the City
of Roanoke received national attention at the Annual Conference of the
American Planning Association held in New York City when the Roanoke
Vision Comprehensive Plan received an outstanding planning award,
noting that he would like to give special recognition to the City
Planning Con~ission and those members of the staff from the Office of
Community Planning who worked so hard to make the Roanoke Vision
Comprehensive Planning process a success.
The Vice-Mayor presented certificates to Michael M. Waldvogel,
Vice-Chairman of the City Planning Commission; John E. Merrithew,
Evelyn S. Gunter and Martha P. Franklin, City Planning staff; and Earl
B. Reynolds, Jr., former Chief of Community Planning.
PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring
Wednesday, June 24, 1987, as Valley Metro Dime Day, in the City of
Roanoke, noting that it is the intent of Valley Metro to show its
appreciation to existing riders and to introduce its service to non-
users through a special promotion costing riders only ten cents to
board the bus on June 24, 1987.
BID OPENINGS:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for improvements to the tennis courts at Shrine Hill Park, said
proposals to be received by the City Clerk until 1:30 p.m., on Monday,
June 22, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read tile one and only bid
received from S. R. Draper Paving Company, Inc., in the total amount
of $26,066.20.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Vice-Mayor for study, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman,
Kit Kiser and William F. Clark as members of the committee.
ACT[ON:
ACT[ON:
AIRPORT: Pursuant to notice of advertisement for bids for 1987
Roof Replacenent No. 2 - Roanoke Regional Airport Terminal Building -
Roof Levels G & H, said proposals to be received by the City Clerk
until 1:30 p.m., on Monday, June 22, 198/, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Vice-Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Vice-Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the followiny bids:
BIDDER
BASE BID TOTAL
Blankenship Roofing Company, Inc.
Leonard Smith Sheet Metal & Roofing,
Inc.
Valley Roofing Corporation
John T. Morgan Roofing & Sheet Metal
Company, Inc.
I. N. McNeil Roofing & Sheet Metal
Company, Inc.
$15,688.00
16,548.00
16,695.00
17,337.00
17,961.00
Mr. Harvey moved that the bids be referred Lo a conmlittee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Messrs. Robert A. Garland, Chairman,
Kit B. Kiser and William F. Clark as members of the committee.
353
CONSENT AGENDA:
ACTION:
ACTION:
The Vice-Mayor advised that a11 matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter; and
disposition of public land properties.
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 {a} {1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 {a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None ..........
O®
(Mayor Taylor was absent.)
EMERGENCY MEDICAL SERVICES: A communication from Dr. Carol M.
Gilbert, Chairman of the Emergency Medical Services Advisory Committee,
advising that the Committee is still in the process of gathering infor-
mation in order to make its final report to Council, and requests that
Council consent to an extension of the report date until the first
Council meeting in August, 1987, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mr. Garland and adopted by the following vote:
354
ACTION:
AYES: Council members Harvey, Trout, Bowers, Bow}es, Garland and
Vice-Mayor Musser ............ 6.
NAYS: None ............
O®
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss disposition of public land properties, pursuant to
Section 2.1-344 (al (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss disposition of
public land properties, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland and
adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............ 6.
NAYS: None ..... O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council close the following four completed school
grants and make the necessary appropriation adjustments, was before
the body.
Grant No. 6114 - Chapter I Winter 124-86-1
Grant No. 6117 - Chapter I Carryover 124-86-3
Grant No. 6722 - Vocational Education Equipment 85-86
Grant No. 6807 - Artist in Education 85-86
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request to close out the grants; that the request is necessary
since the grant programs have been completed; and recommending that
Council concur in the request of the School Board, was also before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28690) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 236.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .................. 6.
NAYS: None ............
(Mayor Taylor was absent.)
355
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6119 - $209,487.00 for the Chapter !
Summer Program to provide reading,
language arts, and mathematics
instruction for students in
targeted schools. The program is
one hundred percent reimbursed by
Federal funds.
Grant No. 6411 - $39,260.00 for the Vocational
Sun~er Youth Employment Program to
provide summer on-the-job training
in the areas of electricity, car-
pentry, and masonry. The program
is one hundred percent reimbursed
by Federal funds.
Grant No. 6551 - $90.00 for Transitional Services
funds which have been used to pro-
vide class placements, mental
health services, and fo))ow-up
studies of placements to ensure a
smooth transition for handicapped
students entering the school
system, Expenditures are one
hundred percent reimbursed by
Federal funds.
Grant No. 6554 - $8,580.00 for the Preschool Incen-
tive Program to provide orien-
tation and instruction for handi-
capped students who will be
entering the public school system
for the first time during the
fall, The program is one hundred
percent reimbursed by Federal
funds.
Grant No. 6555 - $546,406.00 for the Flow Through
Program to provide aid for the
education and guidance of handi-
capped students. The program is
one hundred percent reimbursed by
State and Federal funds.
Grant No, 6728 - $6,000.00 for the Vocational
Guidance Program to provide funds
to aid vocational guidance and
counseling by middle/junior high
school programs with an emphasis
on the improvement of career
awareness, orientation, and
exploration. The program is fifty
percent reimbursed by Federal
funds with fifty percent local
match.
Gr~nt No. 6930 - $472,000.00 for Project Discovery
which represents pass-through
payments that will be made by the '
State through the Roanoke City
School Board to Total Action
Against Poverty.
356
Grant No. 6932- $7,900.00 for the Energy Manage-
ment System Grant to provide (:or
the purchase of equipment to moni-
tor and maintain the energy con-
servation effort for Fallon Park
Elementary School. Federal funds
will provide for sixty percent of
the cost with forty percent local
match.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request of the School Board to appropriate funds for eight grants;
that six of the eight grants are funded with 100% Federal and/or State
funds; that two grants, the Vocational Guidance Program and the Energy
Management System, are funded with Federal funds and local matches of
$3,000.00 and $3,160.00, respectively; that funding for the local
matches of $6,160.00 is available in the General Fund in the following
School Board accounts; and recommending that Council concur in the
request, was also before the body.
Categor7 Account Name Amount
Operation/Maintenance of Plant
Operation/Maintenance of Plant
Other Attendance & Health Services
Repair of Equipment
Fuel
Other Attendance and
Health Services
$1,000.00
3,160.00
2,000.00
Total
$6,160.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28691) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 237.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .................. 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PLANNING-GRANTS: The City Manager submitted a written
report in connection with acceptance of 1987-88 Community Development
Block Grant entitlement and appropriation of funds for C.D.B.G. activi-
ties, advising that Council authorized the filing of an application
with the Department of Housing and Urban Development for fiscal year
1987-88 on April 13, lg87, pursuant to Resolution No. 28604; that HUD's
approval of the City's fiscal year 1987-88 application was received in
a communication under date of May 27, 1987; that the grant approval is
for the amount requested by the City, or $1,555,000.00; and the report
includes $1,622,000.00 in expected Community Development Block Grant
program income from parking receipts, Housing Authority rehab loan
paybacks, Cooper Industries land lease, Coca-Cola UDAG loan repayment,
and repayment of a short-term loan to Downtown Associates.
357
CDBG Entitlenent
Program Income
$ 1,555,000.00
1,622,000.00
Total Appropriation
$ 3,177,000.00
The City Manager recommended that Council adopt a measure
accepting fiscal year 1987-88 CDBG funds approved by HUD and that he be
authorized to execute the requisite Grant Agreement, Fund Approval, and
any other forms required by HUD on behalf of the City in order to
accept such funds; and appropriate $3,177,000.00 to accounts to be
established by the Director of Finance ($1,555,000.00 CDBG entitlement
and $1,622,000.00 projected program income).
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28692) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 240.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser- 6.
NAYS: None- O.
(Mayor Taylor was absent.)
Mr. Harvey offered the following Resolution:
(#28693) A RESOLUTION accepting a certain Community Development
Block Grant offer made to the City by the United States Department of
Housing and Urban Development for funds for Program Year 1987-1988; and
authorizing execution of the City's acceptance of such grant and the
agreement on behalf of the City to comply with the terms and conditions
of the grant and applicable laws, regulations, and requirements per-
taining thereto.
(For full text of Resolution, see Resolution Book No. 50, page 240.)
ACTION: Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............ 6.
NAYS: None- O.
(Mayor Taylor was absent.)
BUDGET-PUBLIC ASSISTANCE-GRANTS: The City Manager submitted a
written report advising that the U. S. Department of Agriculture has
solicited applications from municipalities to participate in the 1987
Virginia Summer Food Service Program; that the purpose of the program
is to provide nutritionally balanced, healthy meals to children, ages
one through eighteen of low-income families during the sunnier months
of 1987; that cost reimbursements are made to program sponsors (City of
Roanoke), by the IJ. S. Department of Agriculture, at a rate of $1.78
per meal consumed (lunch) by a participating eligible youth; and the
Virginia Summer Food Service Program is similar in concept to the
National School Lunch Program, and the eligibility of participants is
comparable to that used to determine eligibility for free or reduced
price meals during the school year.
It was explained that Roanoke currently is the only city of com-
parable size in Virginia not participating in this program; that
Roanoke City Schools sponsored a similar program in 1985 and has
elected not to sponsor such a program this year due to the broad
responsibilities of sponsorship and their present capabilities; that
the need for this program and potential operational plans ~ere explored
358
ACT[ON:
and developed by a task force of the City Manager's Human Resources
Steering Committee; that present problems regardin9 lack of enough food
was projected for 55 families in the northwest neighborhoods of the
City; that present problems regarding nutrition/attention for children
was projected for 1,333 families throughout Roanoke with 166 families
in northwest and 154 families in southeast areas of the City; and the
U. S. Department of Agriculture is supportive of efforts by the City to
implement this program and has expressed its interest in providing
whatever supportive assistance necessary to accomplish the objectives
of the program.
The City Manager advised that a 9rant application for the Virginia
Summer Food Service Program has been prepared by the Fifth District
Employment and Training Consortium, on behalf of the City of Roanoke,
for consideration by the U. S. Department of Agriculture for funding
this summer for the period of June 22 through September 2, 1987; that
lunch meals are proposed for 140 youth between two sites, Jamestown
Housing Project and Eureka Park Recreation Center; that iL is proposed
that the Department of Human Resources will administer the project
through interagency agreements with the Fifth District Employment and
Training Consortium, Roanoke Redevelopment and Housing Authority, Total
Action Against Poverty, and informal written agreements with the
Department of Social Services and the City's Department of Parks and
Recreation.
It was explained that 140 meals are proposed to be provided on each
of the 44 meal service days, between June 29 and August 28, 1987
(Monday through Friday, excluding July 4th holiday); that cost projec-
tions total $10,779.20; that no more than $9,979.20 will be paid to TAP
to operate the project and $800.00 will 9o to the City for overall
administration and audit; that all costs are reimbursable by the U. S.
Department of Agriculture, based upon the number of meals consumed by
eligible youth participants; and a 9rant application has been submitted
to the U. S. Department of Agriculture in order to meet the May 29,
1987, deadline for submission, and grant award is expected by June 19,
1987.
The City Mana9er recommended that Council accept the grant award
from the U. S. Department of Agriculture, in the amount of $10,7/9.20,
upon positive consideration of the 9rant; authorize the Director of
Human Resources to negotiate and execute appropriate intera§ency
agreements to facilitate the success of the project; and appropriate
$10,779.20 with a corresponding revenue estimate to an account to be
established in the Grant Fund by the Director of Finance for the
Virginia Summer Food Service Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the followin9 emergency budget Ordinance:
(#28694) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 241.)
Mr. Trout moved the adoption of the Ordinance. The n~tion was
seconded by Mr. Garland and adoptea by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
Mr. Trout offered the following Resolution:
(#28695) A RESOLUTION accepting a Summer Food Service Program
grant from the United States Department of Agriculture, and authorizing
the execution of certain agreements relating thereto.
(For full text of Resolution, see Resolution Book No. 50, page 242.)
ACTION:
ACTION:
359
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None- - ......................... O.
(Mayor Taylor was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City
Manager submitted a written report advising that the City of Roanoke
has been designated as the grant recipient of funds under the Job
Training Partnership Act; that by agreement of the localities in the
Fifth P|anning District, the City of Roanoke's Finance Department acts
as fiscal depository of all Consortium funds; that the Fifth Planning
District has been designated as a service delivery area by the Governor
of Virginia; and Job Training Partnership Act legislation requires that
an Agreement be signed between the State and al| involved parties in
each service delivery area.
It was explained that the Governor's Employment and Training
Department requires that the Agreement be signed by the Policy Board
of the Fifth District Employment and Training Consortium, the Private
Industry Council and the Finance Director of the City as the depository
of the funds; that the Agreement primarily clarifies the roles, respon-
sibilities and liability of the Policy Board, the Private Industry
Council and the grant recipient (City of Roanoke's Finance Department);
and before the Finance Director can sign the agreement, authority must
be obtained from Council.
The City Manager recommended that the Director of Finance be
authorized to sign the Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28696) AN ORDINANCE authorizing the execution of an agreement
by and among the City, the Governor's Employment and Training Depart-
ment, the Fifth District Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's Private Industry
Council; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 242.)
Mr. Harvey moved the adoption of the Ordinance, The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None ............. --0.
(Mayor Taylor was absent.)
BUDGET-TRAFFIC: The City Manager submitted a written report
advising that Council appropriated $60,000.00 for the installation of
signals at the intersection of Peters Creek Road and North Lakes Drive;
that the traffic signal was installed on May 11, 1987, by using a
controller that is stocked for similar use or in case of an accident or
lightning striking; that the estimated cost was originally made on an
average installation and prior to finalization of plans; that cost over
run occurred due to high cost of stee) strain poles; that underground
construction was increased due to conflicts with existing utilities
that caused some relocation at additional cost; and additional cost was
also incurred due to an improved method of hanging signals when cros-
sing four lane highways.
It was explained that the traffic signal is complete and working
properly with the substitute controller; and the permanent controller
for the intersection needs to be purchased so that the spare can be
available to provide a working controller for quick replacement in case
of physical damage.
360
The City Manager reco~nended that Council authorize the transfer
of $14,330.00 from Traffic Signal Orange Avenue & King Street, Account
No. 008-052-9567-90000 (which would close out this account) to Traffic
Signal Peters Creek Road and North Lakes Drive, N. W., Account No.
008-052-9580-90000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28697) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Capital Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 243.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None ......... .---0.
(Mayor Taylor was absent.)
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a
written report advising that Council at its meeting on Monday, April
20, 1987, approved payment of $15,000.00 from U.S.M. WeatherShield
Systems Company to the City of Roanoke for three remaining years of the
roof guarantee on the Juvenile Detention Home; that the funds were
appropriated by Council to a building maintenance account with a
corresponding increase in a revenue estimate; and the roof membrane is
in such bad condition that it needs to be replaced rather than
repaired.
It was explained that funding of $15,000.00 from the firm which
had the roof guarantee has been received and placed in the Building
Maintenance Account; that the work load of the Engineering Department
has prohibited them from preparing the contract documents for the pro-
ject in time to be encumbered in the budget for this fiscal year; and
tile monies from the guaranty company and tile Building Maintenance funds
to be used for the work need to be encumbered from the 1986-87 fiscal
year budget of the Building Maintenance Department.
The City Manager recommended that Council appropriate $30,000.00
to a Capital Project Fund Account to be established by the Director of
Finance for the roof replacement of the Juvenile Detention Home, said
funds to be appropriated from the Building Maintenance Account No.
001-0524330-3051.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowl es offered the following emergency budget Ordinance:
(#28698) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General and Capital Fund Appropriations, and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 243.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... -6.
NAYS: None .......... .0.
(Mayor Taylor was absent.)
ACT[ON:
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY (HARRISON
HERITAGE AND CULTURAL CENTER): The City ,Manager submitted a written
report advising that the Harrison Heritage and Cultural Center opened
in October, 1985, in partially renovated space on the first floor in
the former Harrison School for use as a heritage and cultural center to
display artifacts and have programs on Black culture and history, a
resource center for Black history, and a co~nunity center; that an
agreement between the City and TAP was executed on August 4, 1986, in
the amount of $40,000.00 for work to be completed by June 30, 1987; and
due to delays the project has not been completed and the amount of work
remaining to be funded pursuant to the contract totals $24,313.30.
It was explained that TAP has requested a time extension of four
months, extending the expiration date of the agreement from June 30,
1987, to October 31, 1987; and a time extension is essential in order
to have the project completed, and it will not jeopardize the City's
position regarding funding or compliance with applicable Federal and/or
City regulations.
The City Manager recommended that he be authorized to execute an
amendment to the City/TAP agreement, dated August 4, 1986, providing
for a four month extension of the time of performance to allow for
completion of the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(.¢28699) A RESOLUTION authorizing the execution of an amendment
to a certain agreement with Total Action Against Poverty in the Roanoke
Valley, Inc.
(For full text of Resolution, see Resolution Book No. 50, page 244.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None ..............
(Mayor Taylor was absent.)
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that Community Development Block Grant (CDBG) funds for
fiscal year 1987-88 total $3,17/,000.00, including new entitlement and
program income; that Council is scheduled to appropriate the funds on
June 22, 1987; and the Roanoke Redevelopment and Housing Authority
(RRHA) historically has administered certain portions of the CDBG
programs for the City, including housing rehabilitation and economic
development activities.
It was explained that funds budgeted for the services of the
Housing Authority in fiscal year 1987-88 total $355,000.00 for admi-
nistration of four economic development and seven housing programs,
which include $835,485.00 allocated for fiscal year 1987-88, plus carry
over funds estimated at $515,824.00, for a total contract amount of
$1,/06,309.00; that major responsibilities to be fulfilled by the
Housing Authority under the contract include activities regarding
housing rehabilitation, com~nercial/industrial development, and
Gainsboro revitalization; and the Administrative Agreement between the
City and the Housing Authority is necessary before the Housing Autho-
rity can perform and receive payment for administrative activities
regarding CDBG funded or assisted programs.
The City Manager recommended that he be authorized to execute an
Agreement with the Housing Authority for the performance of various
community development activities,
(For full text, see report on file in the City ClerkIs Office.)
361
362
ACTION:
ACT[ON:
Mr. Bowers offered the followin9 emergency Ordinance:
(#28700) AN ORDINANCE authorizing the execution of a written
agreement with the City of Roanoke Redevelopment and Housing Authority
relating to the performance of certain Community Development Block
Grant program activities to be undertaken by the City during Program
Year 198/-1988; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 245.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ ----6.
NAYS: None ...........
(Mayor Taylor was absent.)
HOUSING-PLANNING-GRANTS: The City Manager submitted a written
report advising that pursuant Ordinance No. 25684 adopted on July 27,
1981, Council recognized, approved and supported the Comprehensive
Revitalization Plan for Gainsboro; that the City Manager entered into a
contract under date of September 3, 1981, with the Gainsboro Project
Area Committee, Inc., (PAC) and Gainsboro Neighborhood Development
Corporation (GNDC) whereby the corporation agreed to implement the
plan; and Council has authorized annual contracts since 1981 with PAC
and GNDC for continued implementation of certain Action Projects.
It was explained that the agreement of July 14, 1986, expires on
June 30, 1987; that unfinished and continuing activities remain to be
carried out in the Gainsboro neighborhood; that funds budgeted for
Gainsboro PAC/GNDC services in fisca] year 198/-88 total $12/,383.00
for implementation of seven Action Projects; that the Administrative
Agreement between the City and Gainsboro PAC/GNDC is necessary before
PAC/GNDC can perform and receive payment for administrative activities
regarding CDBG funded or assisted programs; and fiscal year 1987-88 is
to be the final year of such administrative funding for Gainsboro PAC/
GNDC because of diminishing CDBG funds.
The City Manager recommended that he be authorized to execute the
Agreement with Gainsboro PAC/GNDC for implementation of certain Action
Projects.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28701) AN ORDINANCE authorizing the execution of an agreement
amon9 the City of Roanoke, the Gainsboro Project Area Committee, Inc.,
and the Gainsboro Neighborhood Development Corporation pertaining to
the implementation of certain Action Projects within the Gainsboro area
during Fiscal Year 1987-1988; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 245.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... .6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
BUDGET-DOWNTOWN ROANOKE: The City Manager submitted a written
report advising that the Downtown Service District was established by
Ordinance No. 28453, adopted by Council on December 8, 1986, effective
July 1, 1987; that $130,000.00 is the estimate established by the
Director of Finance to be generated from the additional $.10 in real
ACTION:
estate tax to be levied against properties in the Downtown Service
District; that additional governmental services, including, but not
limited to economic and business development, promotional activities,
business and developer recruitment, are to be funded with the special
tax; and Downtown Roanoke, Inc., has been performing a number of these
§eneral functions in Roanoke for over 20 years and was instrumental in
making the case to the downtown landowners for the need of this type of
funding.
It was explained that the agreement between Downtown Roanoke,
Inc., and the City of Roanoke has been drafted and is transmitted to
Council for information; and the major components of the agreement are:
Downtown Roanoke, Inc., will serve as an indepen-
dent contractor on behalf of the City to foster
economic advancement and development of the
Downtown Service District.
Term of the agreement is for one year beginning
July 1, 1987. Term shall be automatically extended
each year until 1992 unless either party gives
notice, 90 days before the end of each year, of
termination of the contract.
Work program to be carried by Downtown Roanoke,
Inc., is to be approved by the City Manager each
year no later than April 1st of that year.
City Council shall appoint an ex-officio member to
the Board of Directors of Downtown Roanoke, Inc.,
with full voting rights and privileges.
The City Manager recommended that he be authorized to:
Enter into the Downtown Service District contract
with Downtown Roanoke, Inc., which has been
approved as to form by the City Attorney.
Authorize the Director of Finance to establish a
new revenue account in the General FLind entitled,
"Downtown Service District" (001-020-1234-0103) and
establish a new expenditure account entitled,
"Downtown Service District" (001-002-7220-3/12).
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28702) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 246.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ 6.
NAYS: None ........
(Mayor Taylor was absent.)
Mr. Harvey offered the following emergency Ordinance:
363
364
ACTION:
(#28703) AN ORDINANCE authorizing .a certain contract to be
entered with Downtown Roanoke, Inc., for a term of one (1) year com-
mencing July 1, 1987, to provide that Downtown Roanoke, Inc., shall act
on behalf of the City to foster economic advancement and development of
the Downtown Service District heretofore created by City Council; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 247.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the roi)owing vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None ............................ O.
(Mayor Taylor was absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that on February 17, 1987, pursuant to
Ordinance No. 28021, Council authorized an agreement with Exxon
Company, U.S.A., to provide for the relocation of the City's storm
drain in order to remove it from under the existin9 Exxon Terminal
tanks at Hollins Road and Rhodes Avenue, N. E., and for Exxon to pay
all costs involved in the relocation; that Council received bids for
the project on duly 28, 1986; and S. C. Rossi & Company, Inc., was
awarded a contract on September 8, 1986, in the amount of $281,695.00,
with a contingency in tile amount of $28,169.00.
It was explained that the Exxon Company furnished their design
engineers (Mattern & Craig) with boring data of the existing terminal
site which indicated very little rock; that by this boring data,
Mattern & Craig provided for 100 cubic yards of rock in the contract;
that S. C. Rossi & Company, Inc., started construction and encountered
rock to the full depth and width of the trench; that to date the rock
quantity has amounted to 3001 cubic yards and S. C. Rossi and Company,
Inc., is predrilling ahead of the pipe laying operation and is still
indicating more rock to come.
It was further explained that the Office of City Engineer has
estimated that on the basis of currently available evidence, rock exca-
vation will exceed the contract quantity by 6400 cubic yards or an
additional $224,000.00 to the contract price; that by letter dated May
14, 198/, the City Engineer notified Exxon Company of the expected rock
overrun and as per the agreement between the Exxon Company and the City
of Roanoke, the City would require a check in the amount of $224,000.00
to continue the project; and it now appears that the actual amount
required will be less than this.
Mr. Herbert advised that Exxon has forwarded a check to the City
in the amount of $50,000.00 and has agreed to forward an additional
$100,000.00 to keep the work in progress, and if necessary, will for-
ward the remaining funds necessary to complete the project, as per the
City's agreement with Exxon; and if additional funding is required,
Council will be requested to approve an additional change order at a
later date.
The City Manager recommended the following:
Authorize the City Manager to execute Change Order
No. I with S. C. Rossi & Company, Inc., in an
amount not to exceed $178,169.00 and extend the
contract time 150 consecutive calendar days.
Appropriate $150,000,00 to Account No. 008-052-
9583-9004, Storm Drain Relocation - Exxon Terminal,
and establish a corresponding account receivable
from Exxon Corporation for this amount. The
additional $28,169.00 is available in the project
contingency.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28704)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
365
(For full text of Ordinance, see Ordinance Book No. 50, page 248.)
ACTION: Mr. Garland moved the adoption of the Ordinance. T~e motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None ..................
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28705) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with S. C. Rossi and Company,
Inc., for the relocation of the City's storm drain in Rhodes Avenue,
N. E.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 248.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........... .6.
NAYS: None ........
(mayor Taylor was absent.)
CITY PROPERTY-FLOODS: The City Manager having previously placed a
report on the agenda regarding transfer of City owned lots for the
Shadeland Avenue Relocation Project, Mr. Herbert orally requested that
the report be considered after his Executive Session.
ACTION: Mr. Harvey moved that Council concur in the request. The motion
was seconded by Mr. Trout and adopted.
REFUSE COLLECTION: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to bids for
bulk container collection service, recommending that Council award a
unit price contract, to Handy Dump, Inc., in a form acceptable to the
City Attorney, at a unit price of $7.00 per unit for each time a con-
tainer is emptied for the period of three years, July 1, 1987 through
dune 30, 1990; and reject all other bids.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28706) AN ORDINANCE accepting the bid of Handy Dump, Inc., to
provide bulk container collection service for the City's containers, on
a unit price basis, for a three-year term; rejecting all other bids
made to the City; and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 249.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ..........
0
(Mayor Taylor was absent.)
366
WATER DEPARTMENT: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to ductile
iron water pipe, recommending that the bid of Griffin Pipe Products
Company for supplying the City of Roanoke with water pipe requirements
at the following prices which are firm for a period of one year be
accepted; and that all other bids be rejected.
3" pipe, mechanical joint
4" pipe, mechanical joint
4" pipe, push-on joint
6" pipe, mechanical joint
6" pipe, push-on joint
8" pipe, mechanical joint
8" pipe, push-on joint
10" pipe, mechanical joint
10" pipe, push-on joint
12" pipe, mechanical joint
12" pipe, push-on joint
16" pipe, mechanical joint
16" pipe, push-on joint
20" pipe, push-on joint
4,26 LF
4.69 LF
4.32 LF
5.22 LF
4.69 LF
7.08 LF
6.47 LF
9.36 LF
8.54 LF
11.80 LF
10.93 LF
17.90 LF
16.30 LF
21.56 LF
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28707) AN ORDINANCE accepting a bid made for providing ductile-
iron water pipe to the City; rejecting other bids; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 250.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... .6.
NAYS: None .......
(Mayor Taylor was absent.)
.0.
DIRECTOR OF FINANCE:
ACTION:
FINANCIAL REPORTS:
cia1 report of the City of Roanoke for the month of May, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The Director of Finance submiLted the finan-
The
BUDGET-CAPITAL IMPROVEMENTS: The Director of Finance sub-
mitted a written report advising that capital projects of various types
have been 'approved for construction over the past years; that these
projects have included construction in major categories for buildings,
parks, highways, sanitary sewers, and storm drains; that funding is
established for each project when Council approves the construction
based on the recommendations of the various bid committees; that
funding generally includes the base bid construction costs, as well as
funding for contingencies; and completed projects often have relatively
small amounts of contingency funds remaining after final bills are paid
because projects are completed within the established budgets.
It was explained that closeout of projects authorized by Council
is needed ia order to clear the completed projects from the current
project listing as well as to transfer the remaining funds from the
completed projects to capital projects still under construction or to
capital reserve accounts for future construction; and a budget ordi-
nance transmitted with the report itemizes the completed projects to be
closed out and the accounts the remaining funds should be transferred
into.
ACTION:
ACTION:
The Director of Finance recommended the closeout of completed
capital projects and transfer of funds into capital reserve accounts as
included on a budget ordinance transmitted to Council with the report.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28708)
the 1986-87
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 251.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None ............
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
BUDGET-WATER DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for cleaning and painting the interior and exterior of the
2,000,000 gallon Carroll Avenue Steel Storage Standpipe, presented a
written report on behalf of the committee transmitting the following
recon~nendations:
Reject the low bid of Dixon Construction Company,
Inc., for failure to comply with City specifica-
tions.
Accept the bid of Charlotte Tank Lining Company,
Inc., in the amount of $62,100.00 and a time of 45
consecutive calendar days.
Authorize project funding as follows:
From Tank Painting Account
002-056-8337-9062
$31,500.00
Approve transfer of $33,500.00
from Retained Earnings to the
Tank Painting Account
33,500.00
$65,000.00
TOTAL PROJECT AMOUNT
Reject other bids received.
A report of the City Manager concurring in the recommendations of
the Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28709) AN ORDINANCE to amend and reordain certain sections of
the 1986-87 Water Fund Appropriations, and providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 50, page 252.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
367
368
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .............. 6.
NAYS: None
(Mayor Taylor was absent.)
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28110) AN ORDINANCE accepting the bid of Charlotte Tank Lining
Co., Inc., for the cleaning and painting of the Carroll Avenue water
storage tank, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 253.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... -6.
NAYS: None .......
.0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
INDUSTRIES: Ordinance No. 28682 authorizing execution of a plat
subdividing a 28.1 acre parcel within the Roanoke Centre for Industry
and Technology, dedicating certain rights-of-way therein, and
authorizing the execution of an agreement providing for the relocation
of an existing private right-of-way and easement serving Blue Hills
Golf Club, as shown on such plat, having previously been before the
Council for its first reading on Monday, June 15, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
ACTION:
(#28682) AN ORDINANCE authorizing the execution of a plat sub-
dividing a parcel within the Roanoke Centre for Industry and Tech-
nology, dedicating certain rights-of-way therein, and authorizing the
execution of an agreement providing for the relocation of a certain
private right-of-way and easement, as shown on such plat.
(For full text of Ordinance, see Ordinance Book No. 50, page 236.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... .6.
NAYS: None ...........
O.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:45 p.m., the Vice-Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
ACTION:
ACTION:
ACTION:
CITY PROPERTY-FLOODS: The City Manager advised that he is with-
drawing a report with regard to transfer of City-owned lots for the
Shadeland Avenue Relocation Project.
WATER DEPARTMENT-LANDMARKS: The Vice-Mayor advised that the one
year terms of David H. Burrows, Lucian A. Durham, Jr., James N.
Kincanon, Philip H. Lemon, Richard L. Meagher, James B. Osborne,
Thomas D. Taylor, Robert W. Woody and James H. Buck, as members of the
Advisory Committee - Crystal Spring Pumping Station, will expire on
June 30, 198/, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of David H. Burrows,
Philip H. Lemon, Richard L. Meagher, James B. Osborne, Thomas D.
Taylor, Robert W. Woody and James H. Buck
.
There being no further nominations, Messrs. Burrows, Lemon,
Meagher, Osborne, Taylor, Woody and Buck were reelected as members of
the Advisory Committee - Crystal Spring Pumping Station, for terms of
one year each ending June 30, 1988, by the following vote:
FOR MESSRS. BURROWS, LEMON, MEAGHER, OSBORNE, TAYLOR, WOODY AND
BUCK: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
(Mayor Taylor was absent.)
Mr. Harvey moved that the City residency requirement be waived for
Mr. James H. Buck. The motion was seconded by Mr. Trout and adopted.
PARKS AND PLAYGROUNDS: The Vice-Mayor advised that the one year
terms of Carroll E. Swain, E. W. Chambers, Jr., Charles W. Hancock,
Katherine N. Cochran, Jack D. Hayslett, Carl H. Kopitzke, Clarence E.
Hundley, Jr., Charles A. Price, Jr., Ann Masters, M. Carl Andrews,
Linda E. Hart-Copenhaver, Helen R. Prillaman, Frank J. Eastburn,
Gary J. Foutz, Hillary A. Lantz, Gregory W. Hurt, Thomas Pettigrew and
Donald R. Wolthuis as members of the Citizens' Advisory Co~nittee --
City Wide Park Study will expire on June 30, 1987, and called for nomi-
nations to fill the vacancies.
Mr. Harvey placed in nomination the names of Katherine N. Cochran,
Jack D. Hayslett, Carl H. Kopitzke, Clarence E. Hundley, Jr.,
Charles A. Price, Jr., Ann Masters, M. Carl Andrews, Frank J. Eastburn,
Gregory W. Hurt and Donald R. Wolthuis.
There being no further nominations, Ms. Cochran, Ms. Masters, and
Messrs. Hayslett, Kopitzke, Hundley, Price, Andrews, Eastburn, Hurt
and Wolthuis were reelected as members of the Citizens' Advisory
Committee -- City Wide Park Study, for terms of one year each ending
June 30, 1988, by the following vote:
FOR MS. COCHRAN, MS. MASTERS, AND MESSRS. HAYSLETT, KOPITZKE,
HUNDLEY, PRICE, ANDREWS, EASTBURN, HURT AND WOLTHUIS: Council members
Harvey, Trout, Bowers, Bowles, Garland and Vice-Mayor Musser ......... 6.
(Mayor Taylor was absent.)
CITIZENS' SERVICES COMMITTEE: The Vice-Mayor advised that the one
year terms of Robbie H. Burton, James D. Ritchie, Stanley R. Hale,
Charles W. Walker, Harold P. Kyle, Raleigh Campbell and Bernice F.
Jones as members of the Citizens' Services Committee will expire on
June 30, 1987; that Mr. Walker has declined to serve another term; and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of James D. Ritchie,
Stanley R. Hale, Harold P. Kyle, Raleigh Campbell and Bernice F. Jones.
There being further nominations, Ms. Jones, and r~ssrs. Ritchie,
Hale, Campbell and Kyle were reelected as members of the Citizens'
Services Committee for terms of one year each ending June 30, lg88, by
the following vote:
369
370
ACTION:
FOR MS. JONES, AND MESSRS. RITCHIE, HALE, CAMPBELL AND KYLE:
Council members Harvey, Trout, Bowers, Bowles, Garland and Vice-Mayor
Musser .......... 6.
(Mayor Taylor was absent.)
ACTION:
Mr. Harvey moved that the City residency requirement be waived for
Mr. James D. Ritchie. The motion was seconded by Mr. Trout and
adopted.
ECONOMIC DEVELOPMENT COMMISSION: The Vice-Mayor advised that the
three year terms of Robert C. Lawson, Jr., Robert D. Obey and Jane
-Bulbin as members of the Economic Development Comnission, will expire
on June 30, 1987; Ms. Bulbin declined to serve another term; and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Robert C. Lawson,
Jr., and Robert D. Obey.
ACTION:
There being no further nominations, Messrs. Lawson and Obey were
reelected as members of the Economic Development Con~ission for terms
of three years each ending June 30, 1990, by the following vote:
FOR MESSRS. LAWSON AND OBEY: Council members Harvey, Trout,
Bowers, Bowles, Garland and Vice-Mayor Musser ........................ 6.
(Mayor Taylor' was absent.)
EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE: The Vice-Mayor
advised that the one year terms of Carol M. Gilbert, Thomas S.
McCallie, Kenneth C. King, Jr., Garry Lautenschlager, John W. Eure,
Sidney F. Robertson, Lewis W. Peery, Douglas H, Hyre, David C.
Anderson, Warren E. Trent, P. Scott Winston and Judy D. Witcher as mem-
bers of the Emergency Medical Services Advisory Committee, will expire
on June 30, 1987; Mrs. Witcher declined to serve another term; and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Carol M. Gi]bert,
Thomas S. McCallie, Kenneth C. King, Jr., Garry Lautenschlager
Douglas H. Hyre, David C, Anderson and P. Scott Winston.
There being no further nominations, Dr. Gilbert, and Messrs.
McCallie, King, Lautenschlager, Hyre, Anderson and Winston were
reelected as members of the Emergency Medical Services Advisory
Committee for terms of one year each ending June 30, 1988, by the
following vote:
ACTION:
FOR DR, GILBERT, AND MESSRS. MCCALL[E, KING, LAUTENSCHLAGER, HYRE,
ANDERSON AND WINSTON: Council members Harvey, Trout, Bowers, Bowles,
Garland and Vice-Mayor Musser ......... 6.
(Mayor Taylor was absent.)
ACTION:
Mr. Harvey moved tht the City residency requirement be waived for
Messrs. McCallie, Lautenschlager, Trent and Winston. The motion was
seconded by Mr. Trout and adopted.
PLANNING: The Vice-Mayor advised that the three year term of
J.T. Hopkins, Jr., as a member of the Fifth Planning District
Commission, will expire on June 30, 1987, and called for nominations to
fill the vacancy.
ACTION:
Mr. Harvey placed in nomination the name of J. T. Hopkins, Jr.
There being no further nominations, Mr. Hopkins was reelected as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 1990, by the following vote:
FOR MR. HOPKINS: Council members Harvey, Trout, Bowers, Bowles,
Garland and Vice-Mayor Musser ........ .6.
(Mayor Taylor was absent.)
ACTION:
ACTION:
ACTION:
ACTION:
FLOODS: The Vice-Mayor advised that the one year terms of
Edgar V. Wheeler, Gordon N. Dixon, Read A. Lunsford, J. T. Hopkins,
Jr., Jim Sailors, George L. Pitzer, James F. Williams, Robert H.
Bennett, Jr., Charles F. Herber§er and Charles R. Minter as members of
the Flood Plain Committee, will expire on June 30, 1987, and called for
nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Edgar V. Wheeler,
J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer, James F, Williams,
Gordon N. Dixon, Read A. Lunsford, Robert H. Bennett, Jr., Charles F.
Herberger and Charles R. Minter.
There being no further nominations, Messrs. Wheeler, Hopkins,
Sailors, Pitzer, Williams, Dixon, Lunsford, Bennett, Herber§er and
Minter were reelected as members of Ule Flood Plain Committee for terms
of one year each ending June 30, 1988, by tile following vote:
FOR MESSRS. WHEELER, HOPKINS, SAILORS, PITZER, WILLIAMS, DIXON,
LUNSFORD, BENNETT, HERBERGER AND MINTER: Council members Harvey,
Trout, Bowers, Bowles, Garland and Vice-Mayor Musser .......... 6.
(Mayor Taylor was absent.)
Mr. Harvey moved that the City residency requirement be waived for
Mr. Sailors and Mr. Herberger. The motion was seconded by Mr. Trout
and adopted.
SCHOOLS: The Vice-Mayor advised that the one year term of
Beverly T. Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Ed)ich, III,
Richard A. Dearing, Warner N. Dalhouse, Katherine A. Roche and Vaunda
Leftwich as members of the Jefferson High School Committee will expire
on June 30, 1987, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Beverly T.
Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Dearing, Katherine A. Roche, Warner N. Dalhouse and Vaunda Leftwich.
There being no further nominations, Messrs. Fitzpatrick, Fralin,
Edlich, Dearing, Roche, Dalhouse and Leftwich were reelected as members
of the Jefferson High School Committee for terms of one year each
ending June 30, 1988, by the following vote:
FOR MESSRS. FITZPATRICK, FRALIN, EDLICH, DEARING, DALHOUSE, MS.
ROCHE AND MS. LEFTWICH: Council members Harvey, Trout, Bowers, Bowles,
Garland and Vice-Mayor Musser ....... .6.
(Mayor Taylor was absent.)
PARKS AND PLAYGROUNDS: The Vice-Mayor advised that the one year
terms of Robert N. Fishburn, M. Carl Andrews, Eleanor W. Alvis,
Betty C. Winfree, Carl H. Kopitzke and Samuel S. Bulbin as members of
the Mill Mountain Development Committee, will expire on June 30, 1987;
that Ms. Alvis and Mr. Bulbin have declined to serve another term; and
called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of M. Carl Andrews,
Betty C. Winfree and Carl H. Kopitzke.
There being no further nominations, Ms. Winfree, and Messrs,
Andrews and Kopitzke were reelected as members of the Mill Mountain
Development Committee for terms of one year each ending June 30, 1988,
by the following vote:
FOR MS. WINFREE, AND MESSRS. ANDREWS AND KOPITZKE: Council mem-
bers Harvey, Trout, Bowers, Bowles, Garland and Vice-Mayor Musser .... 6.
(Mayor Taylor was absent.)
PERSONNEL: The Vice-Mayor advised that the three year terms of
Robert C. Poole, Judy D. Witcher and Mel H. Lipton as members of the
Personnel and Employment Practices Commission will expire on June 30,
1987, and called for nominations to fill the vacancies.
371
372
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Harvey placed in nomination the names of Robert C. Poole,
Judy D. Witcher and Mel H. Lipton.
There being no further nominations, Mr. Poole, Ms. Witcher and Mr.
Lipton were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each ending June 30,
1990, by the roi)owing vote:
FOR MR. POOLE, MS. WITCHER AND MR. LIPTON: Council members
Harvey, Trout, Bowers, Bowles, Garland and Vice-Mayor Musser ......... 6.
(Mayor Taylor was absent.)
TAXES: The Vice-Mayor advised that the tNo year terms of
Donald E. Brooks and William Watts as members of the Revenue Study
Commission, will expire on June 30, 1987, and called for nominations to
fill the vacancies.
Mr. Harvey placed in nomination the names of Donald E. Brooks and
William Watts.
There being no further nominations, Messrs. Brooks and Watts were
reelected as members of the Revenue Study Commission for terms of two
years each ending June 30, 1989, by the following vote:
FOR MESSRS. BROOKS AND WATTS: Council members Itarvey, Trout,
Bowers, Bowles, Garland and Vice-Mayor Musser ................ 6.
(Mayor Taylor was absent.)
ROANOKE ARTS COMMISSION: The Vice-Mayor advised that the three
year terms of Peter M. Rippe, Eugenia L. Taubman, Anne B. Macfarlane
and Lee W. Winborne as members of the Roanoke Arts Commission will
expire on June 30, 1987, and called for nominations to fill the vacan-
cies.
Mr. Harvey placed in nomination the names of Eugenia L. Taubman
and Peter M. Ri ppe.
There being no further nominations, Ms. Taubman and Mr. Rippe were
reelected as members of the Roanoke Arts Commission for terms of three
years each ending June 30, 1990, by the roi)owing vote:
FOR MS. TAUBMAN AND MR. RIPPE: Council members Harvey, Trout,
Bowers, Bowles, Garland and Vice-Mayor Musser ........ 6.
(Mayor Taylor was absent.)
LIBRARIES: The Vice-Mayor advised that the three year terms of
Charlotte W. Sandy, Leo Platt and Elizabeth B. Watts as members of the
Roanoke Public Library Board will expire on June 30, 1987, and called
for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Leo Platt and
Elizabeth B. Watts.
There being no further nominations, Mr. Platt and Ms. Watts were
reelected as members of the Roanoke Public Library Board for terms of
three years each ending June 30, 1990, by the following vote:
FOR MR. PLATT AND MS. WATTS: Council members Harvey, Trout,
Bowers, Bowles, Garland and Vice-Mayor Musser ........ -6.
(Mayor Taylor was absent.)
CELEBRATIONS: The Vice-Mayor advised that the one year terms of
Linda E. Hart-Copenhaver, Katherine L. Roche, Dana B. Lee, Carol B.
Dalhouse, Rose Ann Burgess, Marionette Sprauve', Boreham B. Johnson,
Greg Feldman, Kathryn K. Buchanan, Samuel G. Oakey, Jr., and Marc J.
Small as members of the Special Events Committee, will expire on
June 30, 1987, and called for nominations to fill the vacancies.
Mr. ttarvey placed in nomination the names of Katherine L. Roche,
Dana B. Lee, Carol B. Dalhouse, Marionette Sprauve', Boreham B.
Johnson, Greg Feldman and Marc J. ~nall.
373
ACTION:
There being no further nominations, Ms. Roche, Ms. Lee, Ms.
Dalhouse, Ms. Sprauve', Mr. Johnson, Mr. Feldman and Mr. Shall were
reelected as members of the Special Events Committee for terms of one
year each ending June 30, 1988, by the following vote:
FOR MS. ROCHE, MS. LEE, MS. DALHOUSE, MS. SPRAUVE', MR. JOHNSON,
MR. FEL~4AN AND MR. SMALL: Council members Harvey, Trout, Bowers,
Bowles, Garland and Vice-Mayor Nusser ..................... 6.
(Mayor Taylor was absent.)
SCHOOLS: The Vice-Mayor advised that the four year terms of
Lawrence H. Hamlar and Willis M. Anderson as members of the Virginia
Western Community College Board, wilJ expire on June 30, 1987; that Mr.
Anderson is ineligible to serve another term according to Virginia
Western Community College Board By-laws; and called for nominations to
fill the vacancies.
ACTION:
Mr. Harvey placed in nomination the name of Lawrence H. Hamlar.
There being no further nominations, Mr. Hamlar was reelecte~ as a
member of the Virginia Western Community College Board for term of four
years ending June 30, 1991, by the following vote:
FOR MR. HAMLAR: Council members Harvey, Trout, Bowers, Bowles,
Garland and Vice-Mayor Musser ................. .6.
(Mayor Taylor was absent.)
WAR MEMORIAL: The Vice-Mayor advised that the one year terms of
W. Robert Herbert, Thomas R. Plymale, William B. Bagbey and Alfred C.
Moore as members of the War Memorial Committee will expire on June 30,
1987, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of W. Robert Herbert,
Thomas R. Plymale and Alfred C. Moore.
ACTION:
ACTION:
There being no further nominations, Messrs. Herbert, Plymale and
Moore were reelected as members of the War Memorial Committee for terms
of one year each ending June 30, 1988, by the following vote:
FOR MESSRS. HERBERT, PLYMALE AND MOORE: Council members Harvey,
Trout, Bowers, Bowles, Garland and Vice-Mayor Musser ....... 6.
(Mayor Taylor was absent.)
Mr. Harvey moved that the City residency requirement be waived for
Mr. Plymale. The motion was seconded by Mr. Trout and adopted.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:40 p.m.
ATTEST: p~j~
City C1 erk
APPROVED
Vi ce-Mayor
374
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 13, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 13, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor ......................................................... 7.
ABSENT: None ........................................................ O.
OFFICERS PRESENT: Mr. W. Robert Herbert, City Manager, Mr. Earl B.
Reynolds, Jr., Assistant City Manager; Mr. Wilburn C. Dibling, Jr., City
Attorney; Mr. Joel M. Schlanger, Director of Finance; and Ms. Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Joe R. Bryant,
Pastor, Riverdale Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
JUVENILE DETENTION HOME: Pursuant to notice of advertisement for
bids for roof replacement at the Juvenile Detention Home, Coyner
Springs, said bids to be received by the City Clerk until 4:30 p.m., on
Monday, July 13, 1987, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Blankenship Roofing Company, Inc.
I. N. McNeil Roofing & Sheet Metal
Company, Inc.
Valley Roofing Corporation
John T. Morgan Roofing & Sheet Metal
Company, Inc.
Leonard Smith Sheet Metal & Roofing,
Inc,
$27,956.00
30,139.00
34,485.00
36,749.00
37,935.00
ACTION: Mr. I~arvey moved that the bids be referred to a committee to be
, ,'J.~ppointed by the Mayor for tabulation, report and recommendation to
Counct-1. The 'motion was seconded by Mr. M~u~s~r and unanimously
ACTION: The Mayor appointed Messrs. Robert A. Garland, Chairman, d~mes D.
Ritchie and William F. Clark as members of the con~ittee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for bituminous concrete overlays and pavement profiling of various
streets within the City of Roanoke, said bids to be received by the
City Clerk until 4:30 p.m., on Monday, July 13, 1987, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
ACTION:
ACT[ON:
BIDDER ALTERNATE BID BASE BID TOTAL
S. R. Draper Paving Company,
[nC,
Adams Construction Company
Virginia Asphalt Paving
Company, Inc.
$28,140.00
25,125.00
$625,249.10
645,057.50
30,150.00 669,399.45
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
375
PUBLIC HEARINGS:
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
Anatoly G. Antohin and Garnett L. Carroll that the entire alley running
between Campbell and Marshall Avenues, S. W., bounded by parcels
bearing Official Tax Nos. 1113102, 1113103, 1113120 and 1113121, be
permanently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
1987, and Friday, July 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recmnmending that the
request be approved based on the following conclusions, was before
Council.
All available information indicates that closure of
the alley will have no adverse effect on any adja-
cent property owner or the public at-large.
Alley is apparently not being used for ils intended
purpose and is not needed by the adjacent property
owners as a secondary means of access.
Adjacent property owners could utilize the land
within the alley right of way in a more efficient
manner.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28711) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 265.)
The motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the request
to close the alley, Ordinance No. 28711, on first reading, was adopted
by the following vote:
376
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................ 7.
NAYS: None .......................
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Carolyn B.
Cranor that an alley running parallel with Woodbine and Ivy Streets,
S. E., bounded by parcels bearing Official Tax Nos. 4041409 - 4041416,
respectively, and Lots I and 2, Official Tax No. 4041405, be per-
manently vacated, discontinued and closed, the matter was before the
b ,dy.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
1987, and Friday, July 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reco~wnending that the
request be approved based on the following recommendations, was before
Council.
Lack of verification that the subject area has at
any time been accepted by the City for public use.
The fact that this area has not been used or needed
as an alleyway since 1929.
The absence of any means of access from the area
(alley) to a public street.
That the adjacent property owners could utilize the
land within the area (alley) in a more efficient
manner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28712) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 266.)
ACTION:
The motion was seconded by Mr. Trout.
No pers6n wishing to address Council with regard to the request to
close the alley, Ordinance No. 28712, on first reading, was adopted by
t he fol 1 .wi ng vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None ...........
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of H. L. Lawson &
Son that a portion of Mosby Street, S. E., east of the eastern right-
of-way line of Miami Street, S. E.; a portion of Botetourt Street,
S. E., north of a line between the southern corners of lots identified
as Lot 18, Block 1, Rivermont Court, and Lot 7, Block 2, Rivermont
Court; and all of the alley lying between Botetourt Street, S. E., and
a parcel of property identified as Official Tax No. 4230501, all of
which are not open on ground, be permanently vacated, discontinued and
closed, the matter was before the body.
377
m
m
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
1987, and Friday, July 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council.
That the applicant agrees to have prepared and sub-
mitted to the City a plat of subdivision combining
the properties which otherwise would become land-
locked.
That the applicant agrees to provide and dedicate
upon such subdivision plat, an area deemed suf-
ficient by the City Engineer to establish a cul-de-
sac or turnaround at the proposed point of terminus
of Botetourt Street, S. E., as shown on the sub-
mitted application.
That official closure of the subject streets and
alley be made contingent upon the recordation of
the above-cited subdivision plat properly approved
by the Agent to the Planning Com~nission and the
City Engineer.
The Planning Commission further advised that the above recommen-
dation is based on the following conclusions:
Land within the rights of way of the subject
streets and alley is situated on extremely sloping
terrain. Development of the areas for public traf-
fic needs would be impractical.
Returning the land within the rights of way to
acreage by combining it with the adjacent lands
would be a better and more productive use of the
land within the rights-of-way.
Ultimate impact on the adjacent neighborhood of the
proposed land use (warehouse) will be determined by
future site plan review of the proposed develop-
ment.
Adjacent property owners could utilize the land
within the right-of-way in a more efficient manner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28713) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 267.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the
request, Ordinance No. 28713 was adopted, on first reading, by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................... 7.
NAYS: None- O.
378
ACTION:
STREETS AND ALLEYS: Pursuant Lo Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Reid Jones,
Jr., that Raleigh Avenue, N. W., extending westerly from its intersec-
tion with Gainsboro Road, N. W., to ils intersection with Orange
Avenue, N. W.; a certain ten foot wide alley extending from the
southerly side of Raleigh Avenue, N. W,, for a distance of approxima-
tely 206.16 feet to the point of intersection with the northerly side
of Cherry Avenue, N. W.; and a certain ten fool wide alley extending
westerly from the center of the aforementioned alley for a distance of
approximately 313.38 feet to its temnination at a juncture with a
closed ten foot wide alley, be permanently vacated, discontinued and
closed, the matter was before the body,
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
198/, and Friday, July 3, 198/.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Plannin9 Commission recommending that the
request be approved, subject to the following conditions was before
Council. '
That the applicant agree to take appropriate
measures to combine or resubdivide the properties
in a manner that will eliminate the possibility of
landlockin9 Official Tax Nos. 2020222 - 2020231.
That the ordinance vacating the rights-of-way be
contingent upon the applicant's compliance with Lhe
above conditions, by means of a properly prepared
plat of subdivision submitted to and approved by
the Agent to the Planning Commission and the City
Engineer.
That proper easements be retained by the City for
existing utilities.
The Plannin9 Commission further advised that the recommendation is
based on the following conclusions:
The City has no current or future plans to develop
or utilize the street and alleys requested for clo-
sure.
Section of Raleigh Avenue, N. W., is a dead-end
street with no public access purpose.
Alleys are both situated on sloping terrain and
could not effectively serve as a secondary means
of access to adjacent properties.
Adjacent property owners could more efficiently
utilize the property within tim subject rights-of-
way.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28714) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 270.)
The motion was seconded by Mr. Garland.
Mr. Frank K. Saunders, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 28714 was adopted, on first reading, by the following
vote:
379
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ -7.
NAYS: None .......... .0.
ZONING: Pursuant to Reso)ution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 13, 198/, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Robert McNichols that a
certain tract of land lying at the intersection of Lewiston Street and
Peters Creek Road, N. W., designated as Official Tax No. 6421135, con-
taining one acre +, be rezoned from RS-3, Residential Single Family
District, to C-1, O--ffice District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 26,
1987, and Friday, July 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that an office development is a
reasonable alternative to residential development on this vacant par-
cel; that the adjacent parcel is presently being used for retail com-
mercial purposes; that office use is consistent with existing zoning
and land use patterns in the area; and the neighborhood character of
Lewiston Street can be protected and maintained, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28715) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 271.)
lhe motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28715 was adopted, on first reading, by the
following vote:
m
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... --7.
NAYS: None ........ -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 13, 1987, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of CBL Management, Inc.,
that a certain tract of land located on the north side of Bennington
Street, S. E., at its intersection with Mount Pleasant Boulevard and
Rutrough Road, S. E., containing 9.56 acres, more or less, and
designated as Official Tax No. 4250202, be rezoned from LM, Light
Manufacturing District, to CN, Neighborhood Commercial District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions o~ the Roanoke Times & World-News on Friday, June 26,
1987, and Friday, July 3, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
380
ACTION:
A report of the City Planning Commission recommending denial of
the request for rezoning, with Mrs. Goode, and Messrs. Bradshaw and
Jones voting for denial; and Messrs. Waldvogel, Sowers and Buford
voting for approval, was before Council.
The Planning Commission noted that under their By-Laws, a tie vote
is to be construed as a recommendation of denial; and denial of the
rezoning request was based upon two major issues: loss of viable
industrial land and exaggeration of already undesirable traffic con-
ditions.
The Commission indicated that while there were strong issues both
for and against the rezoning request, the City's Comprehensive Plan
strongly promotes the protection of the City's valuable industrial
land; that while the subject property is not identified in the Plan as
a priority in terms of valuable industrial property, it is considerably
viable, and therefore, it should be protected; that in addition, it is
felt that the proposed project will result in increased traffic in an
already congested area and will not benefit the transportation elements
in the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved tl~at the following Ordinance be placed upon its
first reading:
(#28716) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (19/9), as amended, and Sheet No. 425, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 272.)
The motion was seconded by Mrs. Bowles.
The City Attorney submitted a written report advising that peti-
tions have been filed with the City by citizens opposed to the rezon-
lng; and it is his opinion that an insufficient number of signatures
have been set out in the petitions to invoke the provisions of §62(5)
of the Roanoke City Charter, which provides with reference to amend-
ments to the City's Zoning Map, in pertinent part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
or of those immediately adjacent in the rear
thereof, or of those directly opposite thereto,
such amendment shall not become effective except by
the favorable vote of five-sevenths of all the mem-
bers of the Council."
Mr. Dibling advised that according to Official Tax Appraisal Maps,
there are twelve parcels in the City which can be construed as being
adjacent to or opposite the one proposed to be rezoned; that the only
owner of property adjacent to the subject property who has signed the
petitions in opposition is Lois L. McBride, who, along with Henry E.
McBride, owns the parcel bearing Official Tax No. 4450401; that
Henry E. McBride did not sign the petition; that since not all of the
record owners of the parcel did not sign the petition, he is of the
opinion that this parcel cannot be counted towards the number required
by §62(5) of the Charter; and under these circumstances, he believes
that the provisions of §62{5) have not been met in order to invoke the
five-sevenths voting requirement.
(For full text, see report on file in the City Clerk's Office.)
A communication froln Mr. Charles W. Hancock, President, Garden
City Civic League, advising that at a monthly meeting of the League on
June 4, 1987, the following resolution was unanimously adopted by the
members:
381
"RESOLVED that the Garden City Civic League endor-
ses and supports the petition of CBL Management,
Inc., to rezone the land behind Fire Station No.
11, known to us as the Gusler property from LM
zoning to a commercial use zoning, letter "C" or
"CN" .
We believe that rezoning this property will enhance
our community, improve business for everyone in our
area, and will not adversely affect the business
and industry potential of our area. We have nearly
17 acres of manufacturing area next to us in the
Roanoke Industrial Park."
(For full text, see co~l~unication on file in tile City Clerk's Office.)
A petition signed by 347 residents of southeast Roanoke supporting
the rezoning Lo permit construction of a neighborhood shopping center,
advising that modern, convenient shopping facilities are needed in
their neighborhood, was before Council.
(For full text, see petition on file in the City Clerk's Office.)
A communication from Mr. Elbert Lester, President, Riverdale
Community Club, advising that on Thursday, June 25, 1987, the Club
voted in favor of the rezoning, noting that they take pride in their
community and believe the proposed shopping center will enhance their
neighborhood, based on the neatness and cleanliness of other Food Lion
stores and associated businesses which have been built elsewhere, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Lamar W. Davis, Attorney, representing persons in opposition
to the request for rezoning, appeared before Council and advised that
the rezoning request comes before Council with a recommendation of the
City Planning Commission for denial based upon their study of the
request and upon considerations in excess of the political nature
involved. He said there is a parcel of land across Bennington Street
from the property in question which is presently zoned CN and provides
the majority of the services that would be represented by the develop-
ment of the property proposed to be rezoned. He stated that the intent
of the CN zoning is to support and enhance existing neighborhood
shopping areas; that the existing neighborhood shopping area is the
Super Saver which is located in Jamestown Plaza and situated in a
manner that is within the same distance as the site proposed for the
Food Lion and drug store. He noted that according to the proposed site
plan, the food store is approximately 27,000 square feet in excess of
the CN limit of 15,000 square feet and, predictably, there will be a
request for an exception before the Board of Zoning Appeals immediately
following approval of the rezoning.
Mr. Davis said there seems to be some sentiment that people in the
neighborhood are in need of this particular use of the land; that
several civic leagues have been consulted for their expressed desire
and approval of the rezoning; and the sentiment which has been
expressed to him is that presently there are traffic concerns at the
intersection. He added that the City Planning Commission has not
expressed itself clearly in terms of the vote; and the denial has to be
taken as an indication that there is no persuasive argument which would
justify the change. He said people who want the rezoning may have seen
the advantages of a shopping center without viewing the disadvantages
and may be blind to the long-term effects, which is the basis for
Council to address issues of this nature.
382
Mr. Davis said it has been maintained that there will be job
growth; that if Food Lion locates in the area with additional
employment, the Super Saver in Jamestown Plaza Shopping Center will
eventually be unable to compete, and that particular land use develop-
ment will be vacated. He explained that there currently exists a food
store with 25,000 square feet and to place an additional food store
within a stone's throw with 27,000 square feet is redundancy.
Mr. Davis said the real question is how much light manufacturing
land can be irretrievably lost to another zoning such as C-2 or CN,
which is a concern of the City Planning Commission and should be the
biggest concern that Council has to deal with. He added that there
does not seem to be an accurate assessment at this point as to how much
light manufacturing acreage is left in the City; that everyone is sen-
sitive to the idea that light manufacturing is a valuable zone, and
once lost, is forever lost, but no one seems to have quantified what
the loss will mean. He said for versatility and balance, to maintain
light manufacturing is a legitimate concern which has been expressed by
the City Planning Commission in denying the request, and those in oppo-
sition feel it is a legitimate denial.
Mr. William E. Gervase, 1435 Freeborne Circle, S. E., appeared
before Council and advised that he is in opposition to the rezoning,
noting that the bottom line is that another shopping center or grocery
store is not needed in the area. He said traffic is bad at this time;
that a traffic light had to be installed approximately five years ago;
that a fire station is located on the corner and when a fire occurs,
traffic backs up. He stated that the community is not in favor of
another shopping center.
Mr. Kenneth C. King, Jr., Attorney, appeared before Council and
advised that he was requested by Roanoke Mechanical Services and Donald
Shelton to assist the residents and civic groups in the area affected
by the rezoning in order to express their views. He said the Riverdale
Community Group, Garden City Civic League, and the Riverdale Alert
NeighboFs adopted resolutions of support of the request for rezoning.
He stated that the civic leagues, which are the partners of Council and
the City in terms of how the City is attempting to deal with neigh-
borhoods, and representing approximately 700 paid members, are in favor
of the rezoning. He said his clients have been impressed with the
people at CBL Management, Inc., that they Would like to have what they
consider to be a first class operation; and senior citizens perceive
the project as an opportunity to provide a place for younger citizens
to live and work in the community.
Mr. Daniel F. Layman, Jr., Attorney, representing the petitioner,
appeared before Council and presented aerial photographs of the area in
question. He advised that meetings were held with the Planning Staff
and two hearings were held by the City Planning Commission, and all of
the problems but one Were worked out which led to the change in the
request from C-2 to CN. He stated that it was the feeling of the City
Planning Commission that CN would be more appropriate in this area,
particularly because the Jamestown Plaza property was already zoned CN,
and the Commission felt it would be unfair to give property across the
street a more advantageous zoning which would permit more uses. He
said the CN category prohibits supermarkets in excess of 15,000 square
feet, but it permits supermarkets of a larger size with a variance from
the Board of Zoning Appeals, and it is his client's intention to seek
such a variance.
Mr. Layman stated that the one problem his client was unable to
deal with to the satisfaction of the City Planning Commission staff and
the City Planning Commission was the fact that the tract is zoned for
light manufacturing, and, it is the policy of the City, as perceived by
the City Planning Commission, to protect light manufacturing land. He
explained that three members of the City Planning Commission were
unwilling to release the land for community development because of that
policy; noting that the real fear expressed by members of the City
Planning Commission was that rezoning the land would send the wrong
message about the City's intention concerning its manufacturing land
and would imply that the City is not protecting the land. He noted
that his clients understand the Commission's concern and the reasons
therefor, but believe that each piece of land should be considered on
its own merits. Mr. Layman said the real reason for the policy is to
383
make sure there will be careful examination of each piece of land for
each rezoning request, adding that careful examination of the land in
question will show that it is not a good industrial site, but is indeed
a good site for a shopping center.
Mr. Layman said the most important thing Council can know in
making its examination is that the land has been on the market for the
past twelve years; that the owners are elderly citizens and they have
been trying for a long time without success to sell the land so they
can use the funds derived therefrom for retirement purposes. He
pointed out that during most of those twelve years and up until
May 1987 when the Zoning Ordinance was changed, the land could have
been used for commercial as well as industrial purposes, but for all
that time there has been no substantial interest in the land either
industrial or commercial. He said the inability to sell the land has
produced no retirement funds for its owners, no taxes to the City, and
no jobs for residents.
Mr. Layman said if one looks at the land, the problems can be seen
from an industrial developers standpoint inasmuch as it is surrounded
by residential and some commercial uses, it is in the flood plain, it
is split almost down the middle by a one hundred foot power line ease-
merit, and it is not that large or that conveniently located for major
highways. He said if industrial land is desired, there are fourteen
acres of such land available in the Roanoke Industrial Center which is
well suited for industrial use and nothing else. He added at the pre-
sent time there are no modern shopping centers in southeast; that if
residents want the convenience and variety that a Food Lion and a
modern shopping center can offer, they have to go to Vinton; and there
are many elderly residents who cannot easily get out of the neigh-
borhood.
Mr. Layman con~uented that in addition to the economic activity
generated by the proposed shopping center, there will be substantial
benefit to the City as a whole inasmuch as a tract of land that has
been idle for years will produce an investment of approximately $3
million and an estimated $10 million annual sales, which will generate
sales tax for the City and provide between 100 - 120 new jobs ranging
from minimum wage type jobs to skilled labor and management type jobs
and many of these jobs will be of a nature that residents from
southeast may qualify without extensive training. He urged that
Council approve the request for rezoning.
Following discussion of the request for rezoning, Ordinance No.
28716 was adopted, on first reading, by the following vote:
AYES: Council members Nusser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ....... -0.
At 8:50 p.m., the Mayor declared the meeting in recess.
At 9:05 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss a matter involving the
disposition of publicly held property, acquisition of real property for
public purposes, pending litigation, and personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council.
384
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, May 11, 1987; the regular meeting held on Monday, May 18, 1987;
the regular meeting held on Tuesday, May 26, 1987; and the regular
meeting held on Monday, June 1, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None ......... O.
COUNCIL: The following communication from Mayor Noel C. Taylor
advising that his incapacity and disability has ceased, and he has once
again assumed the Office of Mayor, effective June 30, 1987, was before
the body.
"June 30, 1987
ACTION:
ACTION:
The Honorable Vice-Mayor and
Members of City Council
Roanoke, Virginia
Dear Vice-Mayor Musser and Council Members:
I am pleased to advise that my incapacity and disability has ceased and
that I shall be able to once again assume the Office of Mayor, effec-
tive June 30, 1987. This letter shall constitute the written notice
required by Resolution No. 28674, adopted June 8, 1987, and shall be
duly entered upon the journal of Council and filed among the permanent
records of the City.
Very truly yours,
S/Noel C. Taylor
Noel C. Taylor
Mayor
CC:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk"
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................. 7.
NAYS: None ....... O.
COUf:CIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving the disposition of publicly held
property, pursuant to Section 2.1-344 (al (2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
the disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .---7.
NAYS: None ........ -0.
385
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss acquisition of real property for public purpose,
pursuant to Section 2.1-344 (al (2), Code of Virginia (1950), as
amended, was before the body.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss acquisition of real
property for public purpose, pursuant to Section 2.1-344 (al (2), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Musser
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bow]es, Garland,
Harvey and Mayor Taylor ....... ,--7.
NAYS: None .............
O®
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter pending
litigation, pursuant to Section 2.1-344 (al (6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Nusser and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... . .... 7.
NAYS: None ..........
Om
m
PARKS AND PLAYGROUNDS: A communication from Eleanor Alvis ten-
dering her resignation as a member of the Mill Mountain Development
Committee, was before Council.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... -7.
NAYS: None ........
-0.
CELEBRATIONS: A communication from Rose Ann Burgess tendering her
resignation as a member of the Special Events Committee, was before
Council.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed, The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ . .... 7.
NAYS: None .......
O®
ROANOKE ARTS COMMISSION: A communication from John P. Fishwick
advising of the death of his wife, Blair W. Fishwick, a member of the
Roanoke Arts Commission, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
386
ACTION:
Mr. Trout moved that the communication be received and fi|ed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None .......... O.
LIBRARIES: A report of qualification of Leo Platt as a member Of
the Roanoke Public Library Board for a term of three years ending
June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... 7.
NAYS: None .... O.
SCHOOLS: A report of qualification of Lawrence H. Hamlar as a
member of the Virginia Western Community College Board, for a term of
four years ending June 30, 1991, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... 7.
NAYS: None ....... O.
PLANNING: A report of qualification of d. T. Hopkins, Jr., as a
member of the Fifth Planning District Commission, for a term of three
years ending dune 30, 1990, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ..........
Oe
PENDING LIST: A list of items pending from July 10, 1978, through
June 22, 1987, was before Council.
ACTION:
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None .........
OJ
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
387
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None .....................
REGULAR AGENDA:
m
m
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY GOVERF~IENT: Mr. Roy E. Abbott, 1118 Winona Avenue, S. W.,
appeared before Council with regard to the cause of apathy.
(For full text, see verbatim transcript and written statement on file
in the City Clerk's Office.)
Mr. Garland moved that the remarks of Mr. Abbott be received and
filed with appreciation for his observations. The motion was seconded
by Mr. Trout and adopted, Council members Harvey and Musser voting no.
Mr. Harvey advised that his no vote was cast because Mr. Abbott
made certain statements that may or may not need further examination
and may deserve referral to the management team.
Mr. Musser pointed out that Mr. Abbott was attending Council
meetings before he became a member of City Council; that he has
attended Council sessions before and made statements, however, he does
not remember Mr. Abbott pointing a finger at anyone or accusing anyone
of anything; that he feels the point Mr. Abbott is trying to make is
that there is apathy and some of the things he has bought up at the
present time as well as in the past may be attributed to this to an
extent. Mr. Musser said he would like to rehash some of the things Mr.
Abbott has brought up in the past; that Mr. Abbott does not appear
before Council very often; that concern must build up in him to a cer-
tain extent, and his concerns warrant study and consideration.
It was agreed that the City Clerk would furnish each member of
Council with a copy of Mr. Abbott's remarks and if there are matters
in which Council members would like to address or refer to the manage-
ment team at a later date, the Mayor advised that he would entertain a
motion to do so.
PETITIONS AND COMMUNICATIONS:
TRAFFIC: A communication from Mr. Lewis O. Ferguson, 3209 Troy
Avenue, N. W., transmitting a petition signed by 31 persons with regard
to loud noises late at night on Trinkle and Winsloe Avenues, N. W.,
which are caused by automobiles being "hot-rodded" with tires spinning
and sliding; disturbing the peace; and trespassing on school and city
property, was before Council.
(For full text, see communication and petition on file in the City
Clerk's Office.)
The City F~nager submitted a written report advising that on
May 26, 1987, Council referred the matter to the Administration for
study and recommendation; that a team of administrative employees,
including the Director of Administration and Public Safety, Police
Chief, Police Lieutenant from Planning and Analysis Unit, Traffic
Engineer and a Youth Services Planner, has been organized and is
gathering material, acts and information relevant to the subject; that
388
ACTION:
a number of partial solutions are being considered and include the uti-
lization of a saturation patrol by the Police Department during peak
traffic hours on weekends, particularly on Friday and Saturday nights
between the hours of 9:00 p.m., and 2:00 a.m., a non-cruising ordi-
nance, providing a place for cruisers to gather other than Williamson
Road and adjoining residential streets, and the possible installation
of additional traffic control devices.
It was explained that in the meantime, the Police Department has
already started the saturation patrol approach with use of additional
traffic officers; that over the weekends of June 19 and 26, they issued
59 traffic summonses for violations occurring on Williamson Road and
adjoining residential neighborhoods; that as the summer has progressed,
the Police Department has given increased attention to the traffic
flow, parked cars and trespassing on Williamson Road; that as officers
increase the emphasis on usual hang-outs for people frequenting that
area, they seek new places to gather, and an example of that activity
is reflected in the petition from Mr. Fer§uson.
Mr. Herbert advised that there is a legitimate problem with traf-
fic and noise in the Trinkle Avenue/Troy Avenue area; that pelice have
addressed the problem; viz: on one evening at least twelve su~nonses
were issued to people trespassing on private lots in addition to seven
traffic violation summonses; that recently installed on Trinkle Avenue
are no parking signs from 11:00 p.m., to 6:00 a.m., on one side of the
street and this action will reduce the parking space for a gathering
place but will not eliminate the heavy traffic flow or other related
probl ems.
In concluding, Mr. Herbert explained that the City is sensitive to
the problems related by Mr. Ferguson and have discussed them with him;
that they are not being ignored; that they are being addressed in every
legal and reasonable way; that as enforcement emphasis is escalated on
Williamson Road, similar complaints may be anticipated in other
surrounding neighborhood locations and the study team is expediting its
gathering and evaluation of information and will report the findings
with recommendations to Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the com~unication and report be received
and filed, lhe motion was adopted by Mr. Trout and unanimously
adopted.
BUDGET-SCHOOLS: A co~unication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No, 6120 - $400,000.00 for the Chapter I
Carryover Program to provide
reading, language arts, and mathe-
matics instruction for students in
targeted schools. The program is
one hundred percent reimbursed by
federal funds.
Grant No. 6121 - $59,156.00 for the Chapter i
Winter program to provide reading,
language arts, and mathematics
instruction for students in
targeted schools. The program is
one hundred percent reimbursed by
federal funds.
Grant No. 6556 - $46,563.00 for the Juvenile Deten-
tion Home program to provide funds
for the salary and expenses of the
teacher at the detention home.
The program is one hundred percent
reimbursed by state funds.
Grant No. 6557 - $45,360.00 for the Child Develop-
ment Clinic program to provide
funds for the salary and expenses
of the educational specialist at
the clinic. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6558 - $56,000.00 for the Bureau of Crip-
pled Children program to provide
funds for the salary and expenses
of the educational specialist at
the bureau, The program is one
hundred percent reimbursed by
state funds.
Grant No. 6559- $5,068.00 for the Special Educa-
tion Inservice program to provide
funds for the training of special
education program staff members
and for assistance to parents of
handicapped students. The program
is one hundred percent reimbursed
by state funds.
Grant No. 6560 - $6,799.00 for Transitional Ser-
vices funds to provide class pla-
cements, mental health services,
and follow-up studies of place-
ments to ensure a smooth tran-
sition for handicapped students
entering the school system.
Grant No. 6608 - $7,800.00 for the Comprehensive
Community-Based Safety program to
provide federal funds for a school
bus safety instructor. The
program is one hundred percent
reimbursed by federal funds.
Grant No. 6729 - $102,924.00 for the Apprenticeship
program to provide on-the-job and
classroom vocational instruction
for students in the apprentice-
ship program. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6730 - $62,788.00 for the ABE/DIAL pro-
gram to provide funds for adult
basic education for persons who
have not completed high school and
for the instruction of adults,
using recorded tapes accessed by
telephone. The program is sixty-
five percent reimbursed by federal
funds with thirty-five percent
local match.
Grant No. 6923 - $1,758,587.00 for the Magnet
Schools program to provide for the
implementation and operation of
Magnet Schools for the Performing
Arts and Technology. The program
is one hundred percent reimbursed
by federal funds.
Grant No. 6931 - $559,000.00 for the Governor's
School to provide science instruc-
tion to gifted high school stu-
dents from the area surrounding
and including Roanoke City. The
389
390
ACTION:
program will be supported by state
funds and tuition collected from
the school divisions which enroll
students at the school.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request of the School Board to appropriate twelve grants; that ten
of the twelve grants are funded with 100 per cent federal and/or state
funds; that the ABE/DIAL grant is funded with 85 per cent federal
funding and 35 per cent local match in the amount of $22,000.00; that
the local match is available under the Adult Education category of
Education accounts in the General Fund in a line item entitled "Compen-
sation of Adult Education Teachers"; that the Governor's School grant
is funded by state funding, fees from other school divisions, and a
local match of $162,000.00; and funding for the local match is avail-
able in the Instructional category of Education accounts in the General
Fund in a line item entitled "Tuition - Other Divisions in State", was
al so before Council.
The Director of Finance recommended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28717) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 253.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... ----7.
NAYS: None .......... O.
TAXES-COMMISSIONER OF REVENUE: A communication from the Commis-
sioner of Revenue advising that a suggestion was made by Mr. Larry E.
Fenzel at the Council meeting on Monday, March 16, 1987, and referred
to him for response, that the City implement an information program to
all property owners, contractors, realtors, and investors as soon as
possible as to the availability of a partial real estate tax exemption
on certain rehabi-liLated buildings in the City, was before the body.
Mr. Howard advised that currently the City distributes a brochure
entitled, "You Can Rehab in Roanoke Without Increasing Your Taxes"
through the Office of the Building Commissioner and the information
center located in the Municipal Building Lobby; and the Citizens'
Request for Service Office publishes and distributes a booklet
entitled, "Municipal Services - A Citizens' Guide," in which reference
is made to the rehabilitation program.
It was explained that with the cooperation of the Building Commis-
sioner and the City Treasurer, the following steps are proposed to
expand the distribution of the brochure entitled, "You Can Rehab in
Roanoke Without Increasing Your Taxes":
"The Commissioner of Revenue will insert a copy of
this brochure in the annual Business License Appli-
cation mailings to contractors and realtors.
The Building Commissioner will distribute a copy of
this brochure to applicants for building permits,
the Redevelopment and Housing Authority and to
neighborhood civic leagues and organizations.
391
The City Treasurer will
brochure in the annual
mailings.
insert a copy of this
real estate tax tickets
(For full text, see communication on file in the City Clerk's Office.)
ACT[ON: Mr. Garland moved that the communication be received and filed.
The motion was adopted by Mr. Bowers and unanimously adopted.
SEWERS AND STORM DRAINS: A petition signed by six residents of
Ward Street in regard to improvement of road and drainage on Ward
Street, N. W., advising that since their area was annexed to the City,
there has been no move on the City's part to improve road and drainage
problems; that the existing storm drain was installed privately before
annexation and is not adequate to handle the problems arising during
periods of heavy rain at which time water pours down the street like a
river; that the inadequacy of the storm drain is also a direct cause of
the inability of the Street Maintenance Department to keep the roadway
in a reasonably good condition; and severe ruts and potholes are a con-
tinuous problem, was before Council.
(For full text, see petition on file in the City Clerk's Office.)
A report of the City Manager advising that Mr. Lynn Vernon repre-
senting the Engineering Department was contacted by Mrs. George
Hankins, 721 Ward Street, N. W., regarding the need to improve the sur-
face of Ward Street and to improve the drainage; that Mr. Vernon
visited Mrs. Hankins and inspected the conditions which resulted in a
work order being prepared on June 15, 1987, and the work has been
undertaken by the Street Maintenance Department and was reported
completed on July 7, 1987, was before Council.
It was explained that the Assistant City Manager talked with Mrs.
Hankins on July 13, 1987, and was assured that the work had been
completed to her satisfaction.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the petition and report be received and
filed. The motion was seconded by Mr. Bowers and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACT[ON:
REFUSE COLLECTION: The City Manager submitted a written report
advising that containerized refuse collection service was originally
provided by the City of Roa-noke in the early 1950's; that each con-
tainer was hauled individually to the disposal site and returned to the
source location; that front-loading trucks were first used by the City
in 1969; that approximately fifteen containers could be dumped into the
service vehicle before it had to proceed to the disposal site; and a
container would be dumped three times per week without a charge, with a
fee of $5.00 per pickup for additional service.
It was explained that Ordinance No. 19866 was adopted requiring
front-loading bulk container service for any new apartment develop-
ments with ten or more dwelling units; that the ordinance was appli-
cable to all new developments commencing construction on or after
October 1, 1971; and bulk container service was discontinued by the
City of Roanoke, effective July 1, 1982, and since that time all such
service has been provided by private contractors.
The City Manager advised that bulk containers for refuse are
required when any business, apartment building or multi-family dwelling
complex places out for collection by the City an average of eleven or
more containers per week during any consecutive four week period; that
this does not apply to the Central Business District because there are
392
ACTION:
ACTION:
no suitable locations for the placement and servicing of bulk con-
tainers; and business and apartment complexes that cannot use bulk
container service, due to the existence of low overhead wires or other
unsuitable physical constraints, are charged for refuse pickup by the
City when they set out an average of eleven or more containers per week
during any consecutive four week period.
It was noted that the Refuse Collection Department monitors the
bulk container service provided throughout the City by private contrac-
tors; that a license is required to be obtained from the City and the
contractor must annually file rate schedules for bulk refuse col]ection
services, and average rates are currently $11.00 per unit serviced;
that the City of Roanoke and the Roanoke Schoo] Board have contracts
with private businesses for bulk container refuse collection from
schoo]s, parks and public facilities; that total containers throughout
the City being serviced by private contractors is 1,975; that cumulati-
vely these 1,975 containers are dumped approximately 3,265 times per
week; and Mr. Larry Fenze) appeared before Council on March 16, 1987,
and requested that the City provide bulk refuse container service at no
charge to the effected business or property owner.
The City Manager recommended that the City maintain its current
policy which is that business and industry contract with private
enterprise for bulk refuse collection service.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Trout and unanimously
adopted.
STREETS AND ALLEYS: The City Manager submitted a written report
advising that the flood of November 1985 inundated the entire Shadeland
Avenue area damaging all residential structures (a total of 23 struc-
tures); and the City has not acquired all private property requiring
street access from Shadeland Avenue.
It was explained that the City, as owner of all properties still
containing 20 damaged residential structures, has security and poten-
tial liability problems caused by persons trespassing on the proper-
ties; that the public street, as long as it remains dedicated for
street purposes, must remain open to public access; that the City
Administration desires to close Shadeland Avenue, N. W., from loth
Street, N. W., to its easterly terminus so that the street may be
blocked preventing public access; and parcels bearing Official Tax Nos.
2050305 and 2030102 remain to be acquired under Phase II acquisition,
with neither parcel fronting on Shadeland Avenue or receiving access
from Shadeland Avenue.
The City Manager recommended that he be authorized to file a peti-
tion with the City Clerk seeking closure of Shadeland Avenue, N. W.,
from loth Street, N. W., to its easterly terminus, to permit the street
to be barricaded to prevent public access and eventually removed to
permit contruction of the Lick Run Dry Basin.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and unanimously
adopted.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that on June 17, 1980, the Youth Grant was officially awarded
to the City under the Virginia Delinquency Prevention and Youth
Development Act of 1979; that on May 4, 1987, fiscal year 1987-88 Youth
Grant application was submitted to Council; that the Youth Grant provi-
des for continuation of coordinated planning and program implementation
of the Office on Youth; and the Youth Grant budget provides the
following.
393
Budget Category
State Funds
Local Match
Cash In-Kind Total
Personnel $34,241.00 $5,248.00
Consultants -0- -O-
Travel & Education
Training 735.00 1,350.00
Rent
Supplies/Operating
Expenses 1,540.00 3,402.00
TOTAL
$39,489.00
2,085.00
2,172.00 2,172.00
4,942.00
$36,516,00 $10,000.00 $2,172.00 $48,688.00
It was exp]ained that funding for the local match is inc]uded in
the fiscal year 1987-88 Community Planning budget, in the amount of
$10,000.00; that the Youth Grant application has been awarded; that
state funding is in the amount of $36,516.00; and Council's acceptance
of State funding and appropriation of local cash match is needed if the
Office on Youth Program is to continue after June 30, 1987.
The City Manager recommended that Council authorize the following:
Acceptance of Department of Corrections Grant
#87-I-88 tlwough the execution of the proper forms
by the City Manager or his designated represen-
tative.
Appropriation of $46,516.00 to accounts to be
established by the Director of Finance for the
program, $36,516.00 will be refunded by the Depart-
ment of Corrections.
Authorize the transfer of $10,000.00 from the Com-
munity Planning budget, Account No. 001-052-8110-
9536 to this program as the City's cash match
needed to operate the program for fiscal year
1987-88 to the Grant Program Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28/18) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 256.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
NAYS: None ...........
Mr. Trout offered the following Resolution:
(#28719) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of Roanoke
by the Commonwealth of Virginia Department of Corrections and authori-
zing the acceptance, execution and filing of the "Special Conditions"
with the Department of Corrections for this grant for the purpose of
continuing coordinated planning and youth services program implemen-
tation by the City's Office on Youth until June 30, 1988.
(For full text of Resolution, see Resolution Book No. 50, page 257.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
394
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .--7,
NAYS: None .........
-0.
BUDGET-GRANTS: The City Manager submitted a written report
advising that the Director of Human Resources was made aware of a Local
Government Challenge Grant available through the Virginia Commission
for the Arts; that Local Government Challenge Grant funds are available
on a fifty-fifty matching basis, fifty per cent state and fifty per
cent local; and application for the 9rant was made at the request of
the Roanoke Valley Arts Council and the Roanoke Symphony Society.
It was explained that notification by the Commission for the Arts
to the Human Resources Director has been received and a grant of
$4,500.00 is available; that the grant will supplement funds already
appropriated from the City to the two organizations through the
Citizens' Services Committee; that local funds will meet the fifty-
fifty match; and the grant funds of $4,500.00 are Lo be divided evenly
between the abovenamed agencies.
The City Manager recommended that Council concur in and accept the
$4,500.00 grant from the Vir§inia Commission for the Arts by authori-
zing that funds be appropriated to an account to be established by the
Director of Finance in the Grant Fund, and authorize the City Manager
to execute the Local Government Challenge Grant on behalf of the City
of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28720) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 258.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
NAYS: None ........ O.
Mrs. Bowl es offered the following Resolution:
(#28721) A RESOLUTION accepting a Local Government Challenge
Grant from the Virginia Commission for the Arts.
(For full text of Resolution, see Resolution Book No. 50, page 258.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None ........ O.
PUBLIC ASSISTANCE-SALVATION ARMY: The City Manager submitted a
written report advising that the Salvation Army applied through the
Citizens' Services Committee for City funds as follows:
$25,000.00 to operate a program for the homeless.
$25,000.00 to operate a shelter for battered women.
m
ACTION:
ACT[ON:
It was explained that the City Attorney, through a written opinion
dated April 23, 19U6, has stated that the City may contract with the
Salvation Army, a church or sectarian institution, as long as the
contract is for the care of indigent, sick, or injured persons, and
payment of City funds under any contract does not exceed the fair
market value of services rendered; and the Citizens' Services Committee
recommended an appropriation of $17,500.00 for fiscal year 1987-88 to
be used for either program, and Council concurred in the recommen-
dation.
The City Manager recommended that Council approve execution of a
contract by the City Manager or his designee with the Salvation Army
for payment of services delivered by the Battered Women's Program to
City citizens, subject to approval of the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(//28722) A RESOLUTION authorizing the execution of a contract
with the Salvation Army for payment for services rendered City resi-
dents through the Battered Women's Program.
(For full text of Resolution, see Resolution Book No. 50, page 259.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............. ---7.
NAYS: None .........
CELEBRATIONS: The City Manager submitted a written report
advising that the Roanoke Special Events Committee was appointed by
Council to plan and implement community wide events; that family-type
events must be planned and implemented as well as adult events; that
objectives of the committee are to create entertaining and fun type
events, attracting local citizens, as well as bringing thousands of
other people to Roanoke; that Country Livin' Festival is planned for
Victory Stadium and Armory on July 29, 30, 31 and August 1 and 2, 1987,
and is a fair-type event including carnival rides, crafts, an Old
MacDonald's Farm, country foods, exhibitions and shows.
It was explained that criteria established by Resolution No.
24982, for waiving fees for Victory Stadium's use has been met as the
committee is tax exempt; that net proceeds will be used by the commit-
tee for ongoing events; and the Committee has obtained public liability
insurance, in an amount of $1,000,000.00 per occurrence, with the City
of Roanoke named as a co-insured and, in addition, the committee will
agree to indemnify and hold harmless the City from potential liabili-
ties.
The City Manager recommended that Council waive Victory Stadium
and Armory rental fees and grant concession rights to the Roanoke
Special Events Committee for the Country Livin' Festival on duly 29,
30, 31 and August 1 and 2, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(//28723) A RESOLUTION waiving the standard rental fee for use of
certain City facilities for a Country Livin' Festival and Fair, and
granting concession rights in conjunction with such festivals.
(For full text of Resolution, see Resolution Book No. 50, page 259.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
395
396
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............................ 7.
NAYS: None ..........
SEWERS AND STORM DRAINS-WATER DEPARTMENT: The City Manager sub-
mitLed a written report concurring in a report of the Bid Con)~ittee
with reference to water and sewage treatment chemicals, recommending
that Council award bids for supplying water and sewage treatment chemi-
cals to the City for the period July 1, 1987, through June 30, 1988, as
follows:
Liquid Chlorine - to Van Waters and Rogers for
$45.00 cwt. for 150 pound cylinders and $22.50 cwt.
for 2,000 pound cylinders.
Liquid Alum - to General Chemical Corporation for
$.3159 per gallon.
Standard Ground Alum - to Suffolk-Gowen Chemical
for $218.80 per ton plus $5.00 per invoice for
insurance surcharge.
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28724) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewage treatment; rejecting other bids; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 260.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .--7.
NAYS: None .........
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to refuse vehicular equipment, recommending that Council
accept the bid meeting specifications submitted by Fulton Trucks, Inc.,
to provide two new refuse vehicles cab/chassis, for a total amount of
$130,649.00; and appropriate $130,649.00 from Capital Maintenance and
Equipment Replacement Program to Refuse Collection Department Account
No. 001-052-4210-9010, to provide funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowl es offered the following emergency budget Ordinance:
(#28725)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 261.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ....... -0.
m
m
ACT[ON:
ACTION:
M~s. Bowles offered the following emergency Ordinance:
(#28?26) AN ORDINANCE providing for the purchase of refuse
collection vehicular equipment for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; and providing for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 261.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..........
NAYS: None ..............
O.
CITY ATTORNEY:
CITY ATTORNEY-PLANNING: The City Attorney submitted a written
report in connection with the Supreme Court Ruling- First English
Evangelical Lutheran Church of Glendale v. Count~/ of Los Angeles,
California, which is of great interest to those involved in local land
use regulation and has already generated much commentary and specula-
tion, advising that after reviewing the Court's decision, it is his
opinion that the decision, while not the result desired by local
government, is not as far reaching as developers and their attorneys
and some accounts in the press have suggested.
Mr. Dibling advised that his office will continue to be sensitive
to the issues raised in First Lutheran Church v. Los Angeles Count~/,
and has and will recommend preventive measures to minimize circumstan-
ces where a landowner will be able to claim that his property has been
"taken" by virtue of the effect of a City regulation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was adopted by Mr. Garland and unanimously adopted.
The
CITY CODE: The City Attorney submitted a written report advising
that it has been the recent custom of Council to reenact and recodify
the City Code on an annual basis in order to properly incorporate in
the Code amendments made by the General Assembly at the previous
Session to State statutes that are incorporated by reference in the
City Code; and this is a housekeeping procedure to insure that the
ordinances codified in the City Code are not subject to challenge on
the basis that State statutes incorporated by reference by Council have
been amended subsequent to Council action.
It was explained that the Code of the City of Roanoke (1979), as
amended, incorporates by reference certain specific provisions of the
Code of Virginia (1950) as amended; that incorporation by reference is
frequently utilized in order to prevent having to set out lengthy pro-
visions of State statutes in their entirety; and the technique also
insures that local ordinances are always consistent with State law as
is generally required.
It was further explained that the Attorney General has ruled that
local governing bodies may adopt statutes by reference and may also
adopt statutory amendments by reference, provided that the action by
the local governing body is subsequent to the action of the General
Assembly; and by readopting and reenacting the Code of the City of
Roanoke (1979), as amended, the procedure recommended by the Attorney
General will be followed.
The City Attorney recommended that Council adopt a measure readop-
ting and reenacting the Code of the City of Roanoke (1979).
(For full text, see report on file in the City Clerk's Office.)
397
398
ACTION:
ACTION:
Mr. Bowers offered the following emergency Ordinance:
(#28/2/) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 262.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... 7.
NAYS: None ......... ,0.
SCHOOLS: The City Attorney submitted a written report advising
that action was taken by the 198/ Session of the General Assembly
requiring amendment of the School Board appointment process; that in
1978, Council adopted a very progressive School Board selection proce-
dure which encourages public scrutiny and comment with respect to
applicants; that in 1985, the General Assembly enacted §22.1-29.1, Code
of Virginia (1950), as amended, which requires public notice and a
public hearing prior to the appointment of School Board members; that
the City of Roanoke was already in substantial compliance and the 1987
Session of the General Assembly added the following sentence to
§22.1029.1:
"No nominee or applicant whose name has not been
considered at a public hearing shall be appointed
as a School Board member."
It was explained that apparently this sentence was added because
some localities had held "generic" public hearings which allowed public
comment with respect to School Board members in general, but without
the public's being apprised of the identity of those persons under con-
sideration for appointment by the local governing body, noting that the
City of Roanoke has never held this type of public hearing.
The City Attorney recommended that Council adopt an ordinance
which includes the new prohibition against appointment to the School
Board of any person w~ose name has not been considered at a public
hearing; that compliance with this new State requirement can be
achieved either by publishing the names of the persons under con-
sideration for appointment prior to the public hearing or by reading a
list of the names of the persons under consideration at the time of the
public hearing.
(For full text, see report on file in the City Clerk's Office.)
Mro Trout moved that the following Ordinance be placed upon its
first reading:
(#28728) AN ORDINANCE amending and reordaining §§9-20.1, Public
hearin~ before appointment of school board members, and 9-23, Article
not applicable to filling of vacancies not caused by ordinary expira-
tion of term; public hearing exception, of the Code of the City of
Roanoke (1979), as amended, to provide that any nominee to the School
Board must first be considered at a public hearing.
(For full text of Ordinance, see Ordinance Book No. 50, page 273.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ....... O.
ACT[ON:
REPORTS OF COMMITTEES:
CIVIC CENTER: A report of the Roanoke Civic Center Commission
recommending that Council accept the bid of Daktronics, Inc., to pro~
vide a double-faced outdoor electronic, four-part color display sign at
no cost to the City at the Roanoke Civic Center, noting that the pro-
posal of Daktronics includes use by Dominion Bank for advertising on
the sign and electronic message center for a period not to exceed ten
years, was before the body.
It was explained that the need for an outdoor electronic sign and
message center is necessary to support Civic Center events; that
Daktronics, Inc., meets all required specifications; and funding for
the sign would be provided by Dominion Bank pursuant to agreement bet-
ween Daktronics and Dominion Bank in exchange for advertising on the
sign and the electronic message center.
Ti~e City Manager submitted a written report concurring .in the
recommendation of the Roanoke Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28729) AN ORDINANCE accepting a bid made to the City to provide
and install an outdoor electronic sign at the Roanoke Civic Center,
upon certain terms and conditions, and rejecting a certain other bid.
(For full text of Ordinance, see Ordinance Book No. 50, page 274.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland and
Harvey ......................................... 6.
NAYS: None ................ O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Dominion Bank.)
BUDGET-CITY MARKET-PARKING ~RAGE: Council member Robert A.
Garland, Chairman of a committee appointed by the Vice-Mayor to tabu-
late bids received for the construction of the Orvis - Roanoke retail
store in the Market Square Parking Garage, presented a written report
on behalf of the committee recommending the following:
Award a lump sum contract, in the amount of
$145,000.00 and fifty consecutive calendar days to
Building Specialists, Inc., of Salem, Virginia,
according to the contract documents as prepared by
Robert G. Lyon Associates, Inc., Architects/Design
Group and by the Office of the City Engineer.
Authorize the City Manager, upon receipt of the
required letter of credit in the amount of
$95,000.00 from Orvis, to enter into a contractual
agreement with Building Specialists, Inc., for the
construction of Orvis - Roanoke Retail spaces in
the Market Square Parking Garage according to the
contract documents as prepared by Robert G. Lyon
Associates, Inc., Architects/Design Group of
Chicago, Illinois, and the City Engineer's Office
for the sum of $145,000.00 and fifty consecutive
calendar days.
Authorize the Director of Finance to establish an
account receivable for $95,000.00 to be received
from Orris.
399
400
ACT[ON:
ACTION:
Appropriate $145,000.00 in an account to be
established by the Director of Finance, $95,000.00
from Orvis and the transfer of $50,000.00 from
Capital Fund Account No. 008-056-9550-9065 to the
new project account.
Reject the other bids received.
A report of the City Manager concurring in the report of the Bid
Committee, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28/30) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 263.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None ................
.0.
Mr. Garland offered the following emergency Ordinance:
(#28731) AN ORDINANCE accepting the bid of Building Specialists,
Inc., for construction of a retail store in the Market Square Parking
Garage for lease to Orris Roanoke, Inc., upon certain terms and con-
ditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 263.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members l~sser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................. 7.
NAYS: None .......... O.
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, presented a written report on behalf
of the committee, recommending that Council authorize the appropriate
City officials to execute the documentation necessary to permit an
inflows rain gauge to be installed on City property in tile Carvins Cove
Watershed, with the location to be in the area of the concession stand
at the boat landing, and the form of agreement to be subject to appro-
val by the City Attorney.
A staff report pointed out that severe flooding of the past
several years has demonstrated the need for a flood warning system in
the upper Roanoke River Watershed; that the Corps of Engineers has
developed a plan which includes a number of automatic rain and stream
flow gauges at various locations in the watershed; and one gauge loca-
tion is in the Carvins Cove Watershed which will be located in the area
of the concession stand at the boat landing.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
m
m
m
ACTION:
ACTION:
ACTION:
(#28732) AN ORDINANCE authorizing the City Manager to execute a
Radio Reporting Rain Gauge Site Agreement with the National Weather
Service.
(For full text of Ordinance, see Ordinance Book No. 50, page 274.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......................... 7.
NAYS: None ......................
O.
WATER DEPARTMENT: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, presented a written report on behalf
of the committee: recommending that Council authorize the appropriate
City officials to execute an Appalachian Power Company Indenture
granting an overhead power line easement across the Back Creek
Reservoir property downstream from the U. S. 220 Bridge.
A staff report pointed out that the City acquired property in the
then proposed Back Creek Reservoir area in 1976; that the area extends
along Back Creek from Sun Valley Swim Club at U. S. 116 to U. S. 220
below Clearbrook; that a reservoir proposal is currently being held in
reserve pending development of alternate sources of water; that Sarah
Thierry has purchased property on the south side of Back Creek down-
stream from U. S. 220 and has a residence under construction; that the
only feasible route that overhead electric power can follow crosses
City owned property; that Ms. Thierry has asked that the City grant
APCo's request for the easement; and the City Administration has
requested that the Indenture require APCo to remove or relocate the
line should it interfere with development of the reservoir.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28733) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 275.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ ?.
NAYS: None ...........
-0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT: Mrs, Bowles offered the following resolution commending
service of the Airport Advisory Commission:
(#28734) A RESOLUTION commending the membership of the Airport
Advisory Commission for their meritorious service to the City and the
traveling public.
(For full text of Resolution, see Resolution Book No. 50, page 264.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. lrout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland and
Mayor Tayl or ....... 6.
NAYS: None ........
(Council member Harvey abstained from voting inasmuch as he serves as
Council's liaison member to the Airport Advisory Commission.)
401
402
ACTION:
ACTION:
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 10:25 p.m., the Mayor declared the meeting in recess.
At 11:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
Mrs. Bowles moved that the Council meeting be extended beyond the
11:00 p.m., deadline. The motion was seconded by Mr. Garland and una-
nimously adopted.
OFFICE ON YOUTH: The Mayor advised that there is a vacancy on the
Youth Services Citizen Board created by the resignation of Geneva S.
Hale for a term ending May 31, 1990, and called for nominations to
fill the vacancy.
Mr. Harvey placed in nomination the name of J. William Stephens.
There being no further nominations, Mr. Stephens was elected as a
member of the Youth Services Citizen Board for a term ending May 31,
1990, by the fol]owing vote:
FOR MR. STEPHENS: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ................ 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year term
of Samuel S. Bulbin as a member of the Mill Mountain Development
Committee expired on June 30, 1987, and called for nominations to fill
the vacancy.
Mr. Trout placed in nomination the name of L. Thompson Hanes.
There being no further nominations, Mr. Hanes was elected as a
member of the Mill Mountain Development Committee for a term of one
year ending June 30, 19B8, by the following vote:
FOR MR. HANES: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ............. 7.
WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year
terms of Lucian Ao Durham, Jr., and James N. Kincanon as members of the
Advisory Committee - Crystal Spring Pumping Station, expired on
June 30, 1987, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Lucian A. Durham,
Jr., and James N. Kincanon.
There being no further nominations, Messrs. Durham and Kincanon
were reelected as members of the Advisory Committee - Crystal Spring
Pumping Station, for terms of one year each ending June 30, 1988, by
the following vote:
FOR MESSRS. DURHAM AND KINCANON: Council members Musser, Trout,
Bowers, Bowles, Garland, Harvey and Mayor Taylor ........ 7.
EMERGENCY MEDICAL SERVICES: The Mayor advised that the one year
terms of John W. Eure, Sidney F. Robertson, Lewis W. Peery and
Warren E. Trent as members of the Emergency Medical Services Advisory
Committee expired on June 30, 1987, and called for nominations to fill
the vacancies.
Mrs. Bowles placed in nomination the names of John W. Eure, Sidney
F. Robertson, Lewis W. Peery and Warren E. Trent.
There being no further nominations, Messrs. Eure, Robertson, Peery
and Trent were reelected as members of the Emergency Medical Services
Advisory Committee for terms of one year each ending June 30, 1988, by
the following vote:
403
ACTION: FOR MESSRS, EURE, ROBERTSON, PEERY AND TRENT: Council members
Musser, Trout, Bowers, Bowles, Garland, Harvey and Mayor Taylor ...... 7,
Mrs. Bowles moved that the City residency requirement be waived
for Messrs. Robertson and Trent. The motion was seconded by Mr. Bowers
and unanimously adopted.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year term
of Robert N. Fishburn as a member of the Mill Mountain Development
Committee expired on June 30, 198/, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Robert N. Fishburn.
There being no further nominations, Mr. Fishburn was reelected as
a member of the Mill Mountain Development Committee for a term of one
year ending June 30, 1988, by the following vote:
ACTION: FOR MR. FISHBURN: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor- 7.
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of Anne B. Macfarlane and Lee W. Wi nborne as members of the
Roanoke Arts Commission expired on June 30, 1987; that Ms. Winborne
has declined to serve another term; and called for nominations to fill
the vacancies.
Mrs. Bowles placed in nomination the name of Anne B. Macfarlane.
There being no further nominations, Ms. Macfarlane was reelected
as a member of the Roanoke Arts Commission for a term of three years
ending June 30, 1990, by the following vote:
ACTION: FOR MS. MACFARLANE: Council members Masser, Trout, Bowers,
Bowles, Garland, Harvey and Mayor Taylor ............ 7.
CELEBRATIONS: The Mayor advised that the one year terms of
Linda E. Hart-Copenhaver, Rose Ann Burgess, Kathryn K. Buchanan and
Samuel G. Oakey, Jr., as members of the Special Events Committee
expired on June 30, 1987; that Ms. Hart-Copenhaver and Ms. Burgess have
declined to serve another term; and called for nominations to fill the
vacancies.
Mrs. Bowles placed in nomination the names of Kathryn K. Buchanan
and Samuel G. Oakey, Jr.
There being no further nominations, Ms. Buchanan and Mr. Oakey
were reelected as members of the Special Events Committee for terms of
one year each ending June 30, 1988, by the following vote:
ACTION: FOR MS. BUCHANAN AND MR. OAKEY: Council members Musser, Trout,
Bowers, Bowles, Garland, Harvey and Mayor Taylor .......
Mrs. Bowles moved that the City residency requirement be waived
for Ms. Buchanan. The motion was seconded by Mr. Bowers and unani-
mously adopted.
WAR MEMORIAL: The Mayor advised that the one year term of
William B. Bagbey as a member of the War Memorial Committee expired on
June 30, 1987, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of William B. Bagbey.
There being no further nominations, Mr. Bagbey was reelected as a
member of the War Memorial Committee, for a term of one year ending
June 30, 1988, by the following vote:
ACTION: FOR MR. BAGBEY: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ....................... 7.
404
INDUSTRIES: The City Manager submitted a written report advising
that competition in industrial recruitment in economic development has
made tile construction of speculative industrial space a necessary com-
ponent of a locality's prospective marketing program; that many com-
munities in Virginia have constructed speculative buildings, including
Danville and Montgomery County and have found that their buildings
generate increased interest among prospective industries; that the
City's industrial recruitment pro§rmn is currently hampered by a lack
of suitable, large-scale, 50,000 square feet or over industrial
buildings; and a majority of industrial prospects needing large facili-
ties initially look for existing buildings, and prefer not to have to
construct a new facility.
It was explained that the City of Roanoke's Economic Development
Commission early this year initiated discussions with the Greater
Roanoke Valley Development Foundation (GRVDF), local financial institu-
tions and the Roanoke Redevelopment and Housing Authority (RRHA)
regarding forming a public-private partnership for the purpose of
constructing a speculative, shell industrial building in the City of
Roanoke; that the City of Roanoke would initiate the building program
by giving the Housing Authority Site 10 in the Roanoke Centre for
Industry and Technology and conditions under which the City of Roanoke
will make this gift include the following:
Consortium of financial institutions would
work together Lo loan the GRVDF necessary
funds to construct a building of no less than
70,000 square feet. The exact building size
will be determined by the City of Roanoke in
cooperation with the GRVDF and RRHA.
0
RRHA would sell Site 10 (13.7 acres) to the
GRVDF. Payment for site would be deferred
until the speculative building and land is
sold. The value of the land would be
$191,800.00. The City, which wil! retain the
right to approve the final sale of the deve-
loped property, in approving the terms of
sale, could agree to a reduction in the price.
®
Proceeds from the sale of the land in Site 10
will be returned to the City's capital account
for future economic development use, if funds
remain after the GRVDF pays its costs asso-
ciated with the building of the shell
building.
The City of Roanoke and the RRHA will not be
responsible for making any kind of payments on
the loan should the building not sell.
The City of Roanoke shall be responsible for
the marketing of the building. All promo-
tional materials and listings with the State
economic development agency, realtors and
location consultants would show the City
Office of Economic Development as contact
point. All prospect inquiries would come to
the City Economic Development Office, and in
turn, the City Economic Development Office
would be present at all building showings.
After initial showings, the City, the GRVDF,
RRHA, and Economic Development Con~nission will
determine the desirability of a prospect.
6. City will do the survey and subdivision work.
7. RRHA sale to the GRVDF will be unsecured.
The details of the transaction are set forth
in a draft of the proposed agreement (Exhibit
B) among the City, RRHA and the GRVDF.
405
The City's Office o¢ Grants Compliance has
determined that no federal funds w~re used by
the City in acquiring Site 10 and that no spe-
cia! federal requirements will be imposed upon
developers of Site 10 by virtue of the funding
used to acquire the property.
The City Manager recommended that the Mayor be authorized to sign
a subdivision plat for Site 10, a 13,7 acre parcel, in the Roanoke
Centre for Industry and Technology; that the City Manager be authorized
to execute an agreement giving Site 10 to the Roanoke Redevelopment and
Housing Authority for the purpose of constructing a shell industrial
building, as described more fully in the report; that the Mayor be
authorized to execute the requisite deed of gift of Site 10 to the
Housing Authority; and approve the Housing Authority's transfer of Site
10 to the Greater Roanoke Val)ey Develol~nent Foundation upon a deferred
paj~ment basis, with the deed of gift including an access easement
across City property for storm drainage (Official Tax No. 7200106) to
serve Site 10.
(For ful) text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28735) AN ORDINANCE authorizing the execution of afl agreement
for the development of an industrial building within the Roanoke Centre
for Industry and Technology; authorizing the subdivision of certain
)and within the Centre necessary for such project; and authorizing the
execution of a deed conveying as a gift a portion of the subdivided
property, and a storm drainage easement related thereto, to the City of
Roanoke Redevelopment and Housing Authority for use in connection with
such development.
(For full text of Ordinance, see Ordinance Book No. 50, page 265.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .-7.
NAYS: None ....... -0.
There being no further business, the Mayor declared the meeting
adjourned at 11:25 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
406
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 27, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 27, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code ef the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Tayl or ......... 6.
ABSENT: Council member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager, Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Arthur E. Grant,
Pastor, Woodlawn United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
INDUSTRIES: Mr. Nicholas F. Taubman and Mr. Garnett Smith, repre-
senting Advance Stores, appeared before Council and presented shovels
which were used on the occasion of the groundbreaking for the new
Advance Store in the Roanoke Centre for Industry and Technology. Mr.
Taubman expressed appreciation to the City for its assistance in
keeping Advance Stores in Roanoke, and for Council's ability to relate
to business and to understand the needs for the ongoing problems of
business. He presented the shovels to the Mayor and Vice-Mayor and
also presented a hard hat to the Mayor in recognition of the ground-
breaking occasion.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, cqm~iJ~Jee) and commissions
appointed by Council and an additional personnel mat'ter. ·
MINUTES: Minutes of the regular meeting of Council held on
Monday, June 8, 1987; Monday, June 15, 1987; and Monday, June 22, 1987,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowl es, Garland, Harvey, Musser and
Mayor Taylor .......... 6.
NAYS: None ...........
(Council member Bowers was absent.)
ACTION:
ACTION:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, con~nissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (195U), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ..... 6.
NAYS: None .....................
O.
(Council member Bowers was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a personnel matter, pursuant to Section 2.1-344
(al (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowles, Gar]and, Harvey, Musser and
Mayor Taylor ......................................................... 6.
NAYS: None .......................................
O.
(Council member Bowers was absent.)
RADIO-TELEVISION: A communication from B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
mal~ of Cox Cable Roanoke's status as of June 30, 1987, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was adopted by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......... 6.
NAYS: None ................................
Oe
(Council member Bowers was absent.)
STATE HIGHWAYS: A report of the City Manager with regard to the
Virginia Department of Transportation (VDOT) Interstate 581 Safety
Improvement Program, was before Council.
The City Manager advised that the VDOT has prepared construction
plans and specifications for an "Interstate Safety Improvement Project"
for 1-581 beginning at the Liberty Road overpass (0.61 miles north of
Route 460) and ending at the Elm Avenue overpass, a total distance of
1.7 miles; and construction will include the simultaneous repair or
replacement of the six bridge decks located in this 1.7 mile segment,
as well as replacement of the median and guardrail barrier with a
concrete traffic barrier to improve roadway safety and maintenance.
It was explained that bids for the project will be opened by the
VDOT on July 28, 1987; and traffic flow on 1-581 will be severely
impacted inasmuch as the highway will be reduced from three lanes to
two lanes in each direction throughout the construction stage.
407
408
ACTION:
ACTION:
The City Manager advised that State and City representatives have
coordinated their efforts to minimize the project's adverse impact upon
traffic flow; that publicity in the form of a comprehensive, multi-
media blitz is planned to start shortly before the start of construc-
tion and part of the publicity includes advisory signs installed by
the VDOT along 1-581 prior to construction; that State and City Police
are coordinating their efforts to provide the fastest response time to
any vehicle accidents or breakdowns on this segment of 1-581; and the
traffic signal at the end of the off-ramp from southbound 1-581 to Elm
Avenue will need to have its timing changed so that vehicles using the
ramp will have increased green time which will help to minimize the
amount of traffic stopped on the ramp (especially during peak traffic
periods) that would back up onto 1-581.
It was further advised that detours will not be required although
motorists will be encouraged to use alternate routes, which, depending
upon motorists origin and destination, will include Williamson Road,
Gainsboro Road/First Street, N. W. corridor, Fifth Street, N. W., and
Hollins Road; that the Roanoke Civic Center has numerous events that
back traffic up onto 1-581 prior to the event and Civic Center person-
nel will make every effort to include an advisory message concerning
the roadway situation (suggesting alternative routes or earlier arri-
vals) in all of their advertisements, and will request that promoters
do the same in their ads; and funding will come from Federal Aid Inter-
state monies and no City funds are involved.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ....... -6.
NAYS: None ........
(Council member Bowers was absent.)
ENGINEERING DEPARTMENT: A report of the City Manager advising
that the Engineering Department is entrusted with the responsibility
for the management of numerous projects of various types for many other
departments as well as the many engineering projects that are the
Department's primary responsibility; and at any given time the Depart-
ment's eight Project Managers may be supervising forty or more active
construction and design projects and many additional projects of other
types, was before Council.
It was explained that projects under development, continuing pro-
jects, projects requiring follow-up and day-to-day activities are also
included in normal activities of Engineering Department employees, in
addition to active projects; and 38 projects were completed during
fiscal year 1986-87.
It was further explained that analysis of completed projects pro-
vides the information that during fiscal year 1986-87 the Department of
Engineering completed $6,826,191.09 worth of projects; that upon
completion of the projects, the Department returned $245,988.49 of the
original contingency amount of $315,095.94 or 78% back to the City for
other uses; and, in addition, the department returned $78,427.19 of the
original contract amounts of $6,516,342.20 or 1.2%.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was adopted by Mrs. Bowl es and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None .........
Oe
(Council member Bowers was absent.)
ACTION:
ACTION:
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Robert C. Lawson, Jr., as a member of the Economic Development
Commission for a term of three years ending June 30, 1990, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ -6.
NAYS: None ............... O.
(Council member Bowers was absent.)
PERSONNEL DEPARTMENT: A report of qualification of Judy D.
Witcher, Me1H. Lipton and Robert C. Poole as members of the Personnel
and Employment Practices Commission for terms of three years each,
ending June 30, 1990, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, t~sser and
Mayor Taylor ........... 6.
NAYS: None .......
(Council member Bowers was absent.)
REGULAR AGENDA:
409
II
HEARING OF CITIZENS UPON PUBLIC MATTERS:
YOUTH SERVICES CITIZEN BOARD: The Reverend Ulas N. Broady, Chair-
man of the Employment Committee of the Youth Services Citizen Board,
appeared before Council and advised that the committee has been
involved in exploring problems concerning youth employment; that they
conducted a survey among youth and students to obtain their viewpoints
and found that most young people are willing to work whatever hous are
scheduled by their employer, but they are not willing to work for less
than the minimum wage. He said that some of the barriers in seeking
employment are transportation, no agency to make referrals, not knowing
where to look for jobs, and problems leaving school early inasmuch as
most businesses will not accept applications past 5:00 p.m. He pointed
out that most young people would be willing to work as cashiers, bank
tellers, office helpers and telephone solicitors. He explained that
the Office on Youth, the Youth Services Citizen Board and the
Emp]oyment Committee received a mini grant, in the ~nount of $1,500.00,
from the State Department of Corrections to fund the development of a
youth employment package which will consist of information to assist
young people in their search for employment such as an employee infor-
mation guide, worker's permit, local Virginia Employment Commission
information, transportation information, wage information and other
pertinent facts. In concluding, he explained that the members of the
Youth Services Employment Committee endeavor to work in cooperation
wil! all agencies throughout the Roanoke Valley to find employment for
all youth regardless of where they live and regardless of their race or
color.
Mr. Wallace I. Allen, Member of the Youth Services Citizen Board,
appeared before Council and reviewed the recommendations of the Board.
He called attention to what he considers to be a startling statistic
which is that over fifty per cent of the adult prison population in the
State of Virginia committed delinquent acts in their youth.
410
ACTION:
The following are recommendations of the Youth Services Citizen
Board:
The City of Roanoke should continue to address
the following youth mnployment issues:
The need for a central place or agency to
take charge or to make referrals on
employment opportunities for all young
people in the City of Roanoke" who need
employment or are interested in seeking
employment.*
The need for accessible public transpor-
tation and private assistance.
*It should be noted that the Committee is aware of
tile Fi fth Di strict Employment and Training
Consortium which provides job assistance through
its summer program, in-school projects, special
assistance for drop-outs and other disadvantaged
youth in the Fifth Plannin9 District. The Virginia
Employment Commission al so provides special
assistance. However, both programs have their own
eligibility requirements.
The City of Roanoke should further investigate
the feasibility and cost factors in the development
and implementation of a teen center for the youth
of Roanoke City.
This feasibility study should be conducted within a
six-month time frame through the Office of the City
Manager and should include citizens and young
people to insure community involvement and also
provide adequate staff support.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed with appre-
ciation, and that the recommendations be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council transfer w~thin the Schools' fiscal year
1987-88 General Fund Budget, the total amount of $19/,900.00 for Magnet
School programs, advising that a total of $158,828.00 should be trans-
ferred from the secondary teachers' account, and $39,072.00 from the
fringe benefits account, to provide $120,000.00 for the Magnet School
building alterations, and $67,900.00 for the transportation of City
students to Magnet School programs, was before the body.
It was explained that local funds for the transfer- are available
through the reallocation of teaching positions now in the local budget
to the federally funded Magnet School grant; that the reallocation of
teaching positions from the local budget to the Magnet School grant is
the result of pupils transferring from regular instructional programs
to Magnet School programs, and the Federal Government does not require
the commitment of local funds as a condition for the grant award.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that funds are
available within the School Board budget should Council concur in the
request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
411
ACTION:
Dr. Henry P. Williams, Deputy Superintendent of Schools, appeared
before Council and presented information on the Magnet School.
(See fact sheet on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28736)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 276.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ......... 6.
NAYS: None .... O.
(Council member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CAPITAL IMPROVEMENTS PROGRAM: The City Manager presented a
briefing on the recommended Capital Improvement Program for fiscal
years 1988-1992, transmitting the following recommendations for con-
currence by Council:
"Five-Year Capital Improvement Program Approval -
Approve the long-term projects recommended for
funding in the Five-Year Capital Improvement Pro-
gram, specifically those projects included in
Program II. This program will be updated annually
as part of the fiscal year budget development and
adoption process.
Funding Approval - Fund the recommended long-term
projects within the Capital Improvement Program in
Program II in the following manner:
Authorize the sale of $10.0 million in General
Obligation bonds upon referendum approval to
be used to finance selected projects in Pro-
gram II, such sale to take place on or after
July 1, 1988. The total debt service payment
related to the bond issue will be funded by
the City Administration.
e
Authorize those capital improvements desig-
nated to be made with the bond issue of $10.0
mil lion, specifically:
Williamson Road Storm Drainage
Area
$3,225,000.00
Moderni zation/Renovation of
Elementary School s
3,200,000.00
Curb, Gutter and Sidewalk
1,000,000.00
Neighborhood Storm Drain
Projects
1,000,000.00
Neighborhood Park Improvements
750,000.00
Highway Construction Fund
500,000.00
Virginia Public Building Safety 325,000.00
412
ACTION:
Authorize the School Administration Lo apply
for the rec~nmended $5.0 million in Literary
Loans Lo finance a portion of the Elementary
School Modernization/Renovation project. 'Debt
service payment related to these loans will be
funded by the School Administration.
Financial and Legal Document Preparation:
Referendum Requirements - Authorize the City
Attorney and Director of Finance to prepare
the necessary aocuments to allow Program II to
be subjected to referendum approval on
November 3, 1987."
(For full text, see report and Capital Improvement Program for Fiscal
Years 1988-1992 on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendations of the
City Manager and the Director of Finance; that the City Attorney and
the Director of Finance be requested to prepare the proper legal docu-
ments; and that a public hearing be held on ,Monday, August 10, 1987, at
7:30 p.m., or as soon thereafter as the matter may be heard, to afford
citizens an opportunity to have input on the proposed bond issue. The
motion was seconded by Mr. Harvey and adopted.
CITY EMPLOYEES: The City Manager submitted a written report
advising that the Affirmative Action Plan provides for annual briefing
to Council on the status of Equal Employment/Affirmative Action; that a
revised Affirmative Action Plan was adopted by Council on October 15,
1984, and Council was last briefed on January 6, 1986; that new
Affirmative Action Coordinators completed initial training in March,
1985; that short range goals as established by the Affirmative Action
Plan are continuing to be met; and historical data on City work force
composition shows that the percentage of minority workers compared to
total employment has increased since fiscal year 1985-86.
It was explained that long range on-going goals established by the
Affirmative Action Plan are being met through fiscal year 1986-87; that
fiscal year 1986-87 hiring analysis of the City of Roanoke work force
in all EEO categories indicates that 39% of new hires were minorities
and 36% were females; that promotions totalled 87 during fiscal year
1986-87, with 21% being minorities; that the percent for promotions for
minorities increased over fiscal year 1985-86 by one per cent; that
contact is continuing to be made to Virginia's predominantly black
colleges and universities as well as other colleges and universities in
the Roanoke area; and City of Roanoke membership has been accepted in
the National Association of Public Sector Equal Employment Opportunity
Officers.
In concluding, the City Manager advised that affirmative action
continues to be a sensitive program within the City organization; that
composition of the work force indicates a continued effort to employ
minorities, females, and handicapped workers; and the Affirmative
Action Program is working in conjunction with the City's goal of
finding the best people possible to serve the citizens of the C(ty of
Roanoke.
(For full text, see report on file in the City Clerk's Office.)
{No action was taken.)
PUBLIC ASSISTANCE: The City Manager submitted a written report
with regard to food stamp issuance, advising that on August 1, 1986,
Council authorized the Department of Social Services to contract with
Cost Containment, Inc., to handle the mail issuance of food stamps to
eligible persons which was in response to the request of some citizens;
that renovation of Municipal North made over-the-counter issuance
impossible at that time; that according to the terms of the contract,
Cost Containment, Inc., absorbed the cost of lost food stamps, however,
since the beginning of the mail program, losses have exceeded the
Federal tolerance level each quarter totaling $26,497.00.
413
il
m
It w~s explained that Cost Containment, Inc., has given the City
30 days notice, as required, that they are not willing to renew the
current agreement unless Roanoke City is willing to absorb the losses;
that the contract expires on July 31, 1987; that due to these cir-
cumstances and the need to provide food stamps to eligible persons in
an efficient and economical way, Social Services sees no viable alter-
native other than terminating the contract with Cost Containment, Inc.,
and returning to the over-the-counter issuance of food stamps for
August, 198/; and Cost Containment, Inc., has agreed to inventory and
package the food stamps for the August delivery for approximately 4,000
households to be handled by Social Services staff.
The City Manager advised that Social Services staff is in the pro-
cess of reviewing all alternatives for the issuance of food stamps to
eligible persons to determine the most effective, efficient and econo-
mical method for the City of Roanoke, and, in the near future, will be
presenting a recommendation for future issuance of food stamps for
Council's approval.
(For full text, see report on file in the City Clerk's Office.)
(No action was taken.)
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report advising that the Fire Program Fund was enacted by the General
Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1 of
the State Statute, which legislation will expire on July 1, 1990; that
funds to support this program are derived from a .8% surcharge on all
fire insurance premiums collected throughout the Commonwealth of
Virginia; that the Fire Program Statute provides that funds received
are to be non-supplanting and must be used in accordance with the pro-
visions established by the Department of Fire Programs; and funds pro-
vided by the program may be used for the following:
Fire service training,
Regional fire service training facilities,
Firefighting equipment, and
Personal protective clothing.
It was explained that the City Treasurer received a check in the
amount of $98,206.71 from the Department of Fire Programs on July 7,
1987; and Council action is needed to accept the funds and authorize
the Director of Finance to establish Grant Fund accounts from which the
Fire Department may disperse the funds to purchase equipment in accor-
dance with provisions of the program, as follows:
Expendable Equipment - $60,000.00. To purchase
improved protective clothing, hand tools, nozzles,
upgrade self-contained breathing apparatus and
other fire suppression equipment.
Capital Outlay/Other Equipment - $25,000.00. To
purchase new respiratory air system to fill
breathing air bottles.
Training and Development - $13,206.71. To purchase
training films, books and manuals to be used in the
department's training program.
The City Manager reco~nended that Council accept funds from the
Department of Fire Progrmms and authorize the Director of Finance to
establish Grant Fund accounts whereby the funds can be appropriated and
expended in accordance with the provisions established by the Depart-
ment of Fire Programs to purchase training aids, fire suppression
equipment and improve protective clothing; and increase the revenue
estimate for the Grant Funds to $98,206.71.
(For full text, see report on file in the City Clerk's Office.)
414
ACTION:
Mr. Trout offered the following emergency budget Ordinance:
(#28737) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 27/.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......... -6.
NAYS: None ....... O.
(Council member Bowers was absent.)
BRIDGES: The City Manager submitted a written report advising
that National Bridge Inspection Standards previously required at least
bi-annual inspections on all bridges associated with state primary
route extensions and any other federal-aid highway systems; that the
City has always participated willingly in the bridge inspection pro-
gram; that requirements include inspecting 39 bridges annually and 27
additional structures each year on a rotating, bi-annual basis; that
also included in the program is the inspection of the airport tunnel;
that the 1978 Surface Transportation Act enacted by Congress requires
that all bridges, including "Off Federal Aid System" structures, must
be included in the bi-annual inspection program; and the City of
Roanoke has 67 structures requiring Supplementary Bridge Inspection
reports this year, two of which require Original Bridge Reports, one
being the airport tunnel.
It was explained that Engineering Services Qualification Proposals
for the necessary technical inspections and reports were publicly
advertised on May 11, 1987, and received on June 12, 1987, from Byrd,
Tallamy, MacDonald and Lewis, and Hayes, Seay, Mattern & Mattern; that
interviews were held with both firms inasmuch as they were deemed
qualified; that negotiations were conducted with the engineering firm
felt to be most qualified, Hayes, Seay, Mattern & Mattern, for the
necessary technical inspections and reports; and scope of the work to
be performed includes:
"Field investigations of each of the 67 structures
to include roadway approaches, waterway, piers and
abutments, bearings, stringers, beams, girders,
decks, expansion joints, curbs, sidewalks, bridge
railing, culverts, and signing.
Preparation of all sketches and/or photographs to
adequately describe deficiencies and problem areas
noted in inspection reports.
Performance of all measurements and calculations
necessary to conduct and determine load ratings and
safe load limits.
Final inspection documents completed in accordance
with the Federal, State and City criteria regarding
the bridge inspection program."
It was noted that the cost reimbursement fee for engineering ser-
vices is based upon actual manhours used to physically review each com-
ponent of the 67 individual structures; that Hayes, Seay, Mattern &
Mattern, in following this billing procedure, offers a reasonable
manhour pay rate and an acceptable cost ceiling; that last year's
actual average cost per bridge inspection was $237.25; that this year's
estimated average cost per bridge inspection is $303.03; that while
this is a significant increase, the higher figure can be attributed to
the need for Hayes, Seay, Mattern & Mattern to address the concerns of
Federal and State Highway agencies; and tile $1,000.00 cost for tunnel
inspection is significantly higher than the $303.03 average due to the
size of the structure and the more extensive reporting requirements
that accompany this first-time inspection for the tunnel.
415
ti
ACTION:
ACTION:
The City Manager recommended that Council award an engineering
services reimbursement, with a cost ceiling contract, in a form
approved by the City Attorney to Hayes, Seay, Mattern & Mattern, in an
amount not to exceed $21,000.00; noting that funding is available for
the contract from Engineering Department's Fees for Professional
Services Account No. 001-052-4310-2010.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28738) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, to provide bridge inspection ser-
vices; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 27/.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ..... 6.
NAYS: None ...........
(Council member Bowers was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the contractor for the Cove Road storm drain and
sanitary sewer project is Aaron J. Conner, General Contractor, Inc.;
that the construction contract to date is $394,092.20, including Change
Order No. 1, in the amount of $4,955.75; that a change order occurred
during the final three to four weeks of contract activity in paving and
seedin9 items; that in addition, extra work was performed at the inter-
section of Cove Road and Peters Creek Road to correct a traffic conges-
tion problem; and a final inspection of the project was made on Friday,
June 19, 1987, and the contractor is completing final inspection items.
It was explained that the contractor has performed various items
of work based on unit price bids on the project in the form of addi-
tions and revisions; that taken together, total unit prices have
exceeded the construction contract amount by $31,898.41; that items of
work, taken together, represent an increase of 8.11% above the contract
amount which can be considered reasonable for this type of project;
that the contingency fund remaining after the prior approved change
order is now $33,758.00; and payment for the additional work is avail-
able from contingency funds and requires Council's authorization.
The City Manager recommended that he be authorized to issue Change
Order No. 2 to the contract with Aaron J. Conner, General Contractor,
Inc., in the amount of $31,989.41.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28739) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Aaron J. Conner,
Contractor, Inc., for the Cove Road Storm Drain and Sanitary Sewer
Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 278.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or .......... -6.
NAYS: None ...................
(Council member Bowers was absent.)
416
ACTION:
BUDGET-BLUE CROSS/BLUE SHIELD: The City Manager submitted a
written report advising that the brick pavers in the Blue Cross/Blue
Shield Plaza have been deteriorating rather rapidly for the past two
years and are becoming a hazard to the public, and the following two
items seem to be the major cause of the deterioration:
brick pavers are taking water from the mortar
joints that have opened up since the plaza was
constructed; and
absorption of this water by the brick pavers has
caused the spal]ing and breaking off of the brick
pavers which has created the unsafe condition that
exists on the plaza.
It was explained that Endicott Clay Products Company, the brick
manufacturer, has agreed to provide new paver bricks to the City to
replace all of the existing plaza paver bricks, but because of the
lapse of time since the plaza was constructed and because of the many
open joints in the brickwork they would not agree to provide labor;
and proposals have been sought from local masonry contractors to remove
all of the present brick pavers and to relay the new pavers in the pat-
tern of the existing plaza with two exceptions:
12" long brick would be used on all treads. (This
would omit one horizontal joint the full length of
the treads.)
Use of a latex mortar to lay the pavers will be
utilized. Latex mortar has better bonding quali-
ties and has the capacity to move with the pavers.
This helps to keep the joints between the pavers
closed and helps shed water rather than letting it
go down around the brick.
The City Manager recommended that he be authorized to enter into a
contractual agreement with Masonry Contractors, Inc., in the amount of
$21,720.00, to provide labor and mortar to remove the existing brick
pavers and relay the new brick pavers provided by Endicott Clay Pro-
ducts Company, in accordance with a letter of instructions as provided
by the Building Maintenance Department, with the work to be performed
in approximately 30 working days after the new brick pavers have been
received; that Council transfer $21,720.00 from the General Fund
Capital Reserve Account No. 001-002-9410-2200 to Building Maintenance
Account No. 001-052-4330-3056; and reject all other bids received.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28140)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 279.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Taylor ........ 5.
NAYS: None ........
(Council member Bowers was absent.) (Council member Harvey was out of
the Council Chamber.)
417
I
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28741) AN ORDINANCE accepting the bid of Masonry Contractors,
Inc., to provide labor and mortar to remove existing brick pavers and
relay new brick pavers in Key Plaza, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 280.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Tayl or ............. 5.
NAYS: None ......................................
(Council member Bowers was absent.) (Council member Harvey was out of
the Council Chamber.)
SEWERS AND STORM DRAINS (WATER POLLUTION CONTROL PLANT): The City
Manager submitted a written report advising that comminuters at the
Water Pollution Control Plant have worn out, have served their purpose
and need to be replaced with new state of the art equipment, such as
bar screens; that one of the present comminuters is broken, another is
in need of substantial repairs and it is becoming more difficult each
year to find replacement parts.
It was explained that the Environmental Protection Agency has
informed the State of Virginia that all chlorine shall be removed from
the effluent of all Water Pollution Control Plants; that the State of
Virginia will pass this regulation along to the City of Roanoke when
the City's operating permit expires in February; and the method of
disinfection and dechlorination is still dependent on a final feasibi-
lity analysis and approval of the State to process.
The City Manager advised that public advertisement was placed in
the local newspaper soliciting firms interested in the City of
Roanoke's qualifying proposals for the project; that seven fi ms
responded to the proposal request; and Clean Water Engineers, Inc., was
selected by the committee as the most qualified engineering firm to
study the problem, analyze the results and prepare the necessary
contract documents for the work involved.
It was noted that the project committee has met with Clean Water
Engineers, Inc,, and resolved the following issues:
Comminuter replacement shal 1 be accomplished by the
design and production of contract documents for bar
screens. This service is to be provided as soon as
possible.
Chlorination/dechlorination design is to be accomp-
lished after the State of Virginia informs the
City of Roanoke what regulations will govern the
project. These guidelines will be given to the
City in February at the time of renewal of the
plant operating permit. Once these instructions
have been given to the City, this portion of the
project will proceed. Negotiated fees have taken
into account this time lag and the hourly rates
until 1988.
The City Manager recommended that Council authorize the execution
of an engineering services contract, in a form acceptable to the City
Attorney, with Clean Water Engineers, Inc., for complete engineering
services for Comminuter Replacement (Bar Screens) and for the design of
Chlorination/Dechlorination Facilities, with the fee for the services
not to exceed $67,100.00, as follows:
418
ACTION:
Basic Services
Additional Services
Reimbursable Expenses
Total
$ 59,335.00
4,665.00
3,100.00
$ 67,100.00
It was noted that additional service and reimbursable expenses
will be authorized administratively as needed; and funding of
$67,100.00 is available in Account No. 003-056-8427-9055.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#28742) AN ORDINANCE authorizing the execution of a contract
with Clean Water Engineers, Inc., to provide complete engineering ser-
vices for comminuter replacement and design of chlorination/dechlorina-
tion facilities; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 280.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowl es, Garland, Harvey, Musser and
Mayor Taylor ......... -6.
NAYS: None ........
(Council member Bowers was absent.)
-0.
HOUSING-CITY PROPERTY: The City Manager submitted a written
report advising that tile City of Roanoke approved the gift of a house
located at 917 Shadeland Avenue, N. W., to the Northwest Neighborhood
Environmental Organization on December 15, 1986; that the house has
been moved by the Northwest Neighborhood Environmental Organization to
a site, owned by the organization at 706 Gilmer Avenue; that funding
has been provided through a Roanoke Neighborhood Partnership develop-
ment grant, private contributions and securement of a private loan;
that the Northwest Neighborhood Environmental Organization has a prior
loan management history with the City of Roanoke; that the City has
negotiated two prior loans with the organization, in the amount of
$26,800.00, which were in conjunction with the Loudon Avenue Revitali-
zation Plan and both loans are current and payments have been made in a
timely fashion.
It was explained that the Northwest Neighborhood Environmental
Organization has completed sixty per cent of rehabilitation1 work on
706 Gilmer Avenue; that the organization has donated an adjacent )or at
710 Gilmer Avenue to Virginia Mountain Housing for a second infill
house; that the possibility exists that other houses owned by the City
may be moved to other areas and rehabilitated, therefore, the house at
706 Gilmer Avenue will serve as a model of what houses may be like
after relocation and repair; that cost of rehabilitation has exceeded
original estimates due to higher moving and rehabi]itation costs and
use of the house as a model; and savings could be realized by the
Northwest Neighborhood Environmental Organization borrowing from
Community Development Block Grant accounts instead of a commercial
]ender as originally intended.
The City Manager recommended that he be authorized to execute a
loan agreement with Northwest Neighborhood Environmental Organization,
Inc., providing for the loan of $12,500.00 and any other requisite
documents relating thereto, said agreement to be in a form acceptable
to the City Attorney and shall contain the terms at zero per cent
interest and to be repaid within 30 days of closing on sale of the
house, not to exceed six months from the date of the loan; and that the
City Attorney and Director of Finance be authorized to serve as
trustees of the requisite Deed of Trust.
(For full text, see report on file in the City Clerk's Office.)
419
ii
ACTION:
Mrs. Bowles offered the following emeryency Ordinance:
(#28/43) AN ORDINANCE authorizing the City Manager to execute an
Agreement with the Northwest Neighborhood Enviror~mental Organization,
Inc., extending a loan of $12,500.00 to said corporation; authorizing
the City Attorney and Director of Finance to execute a deed of trust
securing the loan made pursuant to the aforesaid Agreement and to serve
as trustees; authorizing the City Manager to execute a certificate of
satisfaction; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 281.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the fo]lowing vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: None .......
(Council member Bowers was absent.)
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Rental Rehabilitation Program is a cooperative
program among HUD, the Housing Authority and the City to encourage
rehabilitation of privately-owned rental property; and the program pro-
vides two types of subsidies:
Rehabilitation subsidies to property owners, equal
to one-third of rehabilitation costs up to
$5,000.O0/dwelling unit.
Rental subsidies to low-income tenants so they may
stay in the apartment after it is repaired and the
rent is increased. The tenants may use the subsidy
to move elsewhere. One rent subsidy is allocated
to Roanoke for each $7,500.00 of Program alloca-
tion.
It was noted that Roanoke's allocations for the previous three
years of the Rental Rehabilitation Program totalled $336,300.00 for
rehabilitation subsidies; that these allocations provided renovation to
70 dwelling units in 38 buildings, at a total cost of approximately
$1,134,690.00; and allocations have included $70,000.00 supplemental
award due to the local program's success.
The City i~nager advised that the 1987 Rental Rehabilitation
Program has been announced with Roanoke's allocation at $143,000.00;
and the proposed program for 1987 provides for two alternative forms
of rehabilitation subsidy, depending on the eventual availability of
supplemental funding from the Vir§inia Housing Development Authority:
If VHDA does not provide loan funds to owners @ 7%
interest, Rental Rehab Program subsidy would con-
tinue as in the past, i.e., a deferred payment
loan, forgiven completely after 10 years (No repay-
ment expected).
If VHDA does provide loan funds, Program subsidy
would be in the form of a deferred payment loan due
and payable in full in 10 years (Entire subsidy
would revolve back for reuse in 10 years.)
It was explained that Council endorsed the City's application for
the 1987 allocation by action on May 26, 1987; that the City's applica-
tion has been approved by HUD; and execution of the grant agreement
with HUD to accept the funds, and of a Memorandum of Understanding with
the Housing Authority to specify the arrangements between the agency
and the City, are necessary to begin implementation of the Program.
420
ACTION:
The City Manager reconmlended that he be authorized to execute the
Grant Agreement with HUD accepting the 1987 Rental Rehabilitation
Program funds, and the Memorandum of Understanding with the Housing
Authority for the administration of the program, all to be approved as
to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28744) AN ORDINANCE accepting a Rental Rehabilitation Program
Grant from the United States Department of Housing and Urban Develop-
ment; authorizing the execution of the requisite grant agreement;
authorizing the execution of a memorandum of understanding with the
City of Roanoke Redevelopment and Housing Authority pertaining to the
administration of the Program; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 282.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... .6.
NAYS: None .......
(Council member Bowers was absent.)
STATE HIGHWAYS: The City Manager submitted a written report
advising that on April 28, 1986, Council requested the Virginia
Department of Transportation to program a project for replacement of
the First Street Bridge over Norfolk Southern Railway; and on April 13,
1987, Council requested the Virginia Department of Transportation to
program projects for roadway widening and realignment to include Wells
Avenue, from Williamson Road to First Street, N.W., and First
Street/Gainsboro Road from Madison Avenue to the NS Railway and the
intersection of Orange Avenue and Gainsboro Road.
It was explained that the Virginia Department of Transportation
(VDOT) is proposing to program $851,000.00 in the 1987-88 fiscal year
allocations within the six year plan for preliminary engineering on the
subject projects; that over the next five years the State has proposed
to allocate an additional $4.644 million for design, right-of-way and
construction; that throughout the State there will be hundreds of high-
way projects being designated and constructed in coming years as a
result of the expanded highway improvement program; that under normal
procedures, it takes approximately five years for a highway project to
be programmed and implemented; and redevelopment of the Henry Street
area and improved access to downtown Roanoke require that a more expe-
ditious method be found to proceed with improvements on First Street/
Gainsboro Road and Wells Avenue.
The City Manager recommended that he be authorized to enter into
agreements with the Virginia Department of Transportation, in a form
approved by the City Attorney, and cash reimbursement schedules
approved by the Director of Finance, providing for the City of Roanoke
to administer all aspects of the First Street/Gainsboro Road and Wells
Avenue projects, advising that approval of the recommendation will
necessitate the filling of a previously vacant and unfunded position in
the Engineering Department to provide project management. He noted
that costs associated with this employee and others who spend time
administering these projects will be eligible project expenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28745) AN ORDINANCE authorizing the execution of two agreements
with the Commonwealth of Virginia Department of Transportation relating
to the First Street/Gainsboro Road and Wells Avenue right-of-way impro-
vement projects; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 283.)
421
ACTION:
ACTION:
ACTION:
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser and Mayor
Tayl or ......... .--5.
NAYS: None .........
(Council member Bowers was absent.)
from voting.)
O®
(Council member Trout abstained
CIVIC CENTER: The City Manager submitted a written report con-
curring in a report of the Bid Co~nittee recommending that Council
accept the lowest responsible bid submitted by Country Roads, Inc., to
renovate 1,955 seats in the Civic Center Auditorium, in the total
amount of $167,890.00, in a form approved by the City Attorney; and
transfer $10,126.00 from Civic Center Capital Outlay Equipment Account
No. 005-050-8600-9015 to Seat Replacement Account No. 005-050-8621-
9060, to provide funds for the purchase; and that all other bids be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28746) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Civic Center Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 283.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ....... .6.
NAYS: No ne ........ .0.
{Council member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28747) AN ORDINANCE accepting the bid of Country Roads, Inc.,
for renovation of seats in the Roanoke Civic Center Auditorium, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such w~rk; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 284.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ......... 6.
NAYS: None .........
O®
(Council member Bowers was absent.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report
advising that at the close of fiscal year 1987, budget funds were obli-
gated for outstanding encumbrances; that purchase orders or contracts
had been issued for the goods and services as of the close of fiscal
year 1987, but delivery of the goods, or performance of the services
are not completed; that reappropriation of these funds brings forward
the unspent budget funds that were originally appropriated and obli-
gated contractually for the goods and services; and appropriation
amounts are as follows:
422
ACTION:
ACTION:
ACTION:
General Fund
Open encumbrances
Wate~ Fund
Open encumbrances
Sewage Fund
Open encumbrances
Civic Center Fund
Open encumbrances
Internal Service Fund
$ 1,755,048.00
32,470.00
848,979.00
2,347.00
Mrs. Bowles offered the following emergency budget Ordinance:
(#28749) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 291.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ .6.
NAYS: None ....... O.
(Council member Bowers was absent.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28750) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 292.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... 6.
NAYS: None ........ .0.
(Council member Bowers was absent.)
O.
NAYS: None ...........
(Council member Bowers was absent.)
Open encumbrances 253,790.00
The Director of Finance recommended that Council adopt budget
ordinances reappropriating the funds into the current year budget in
order that expenditures may be properly classified and liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28?48) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 284.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......... 6.
423
ii
ACT[ON:
ACTION:
ACT[ON:
Mr. Garland offered the followin9 emergency budget Ordinance:
(#28751) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Civic Center Fund Appropriations, and'providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 293.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Tayl or .............................................. 6.
NAYS: None- O.
(Council member Bowers was absent.)
Mr. Musser offered the following emergency budget Ordinance:
(#28752) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, pa9e 293.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .............................. 6.
NAYS: None .............................
(Council member Bowers was absent.)
BUDGET: The Director of Finance presented a written report
regarding fiscal year 198/ status of the financial condition of the
City of Roanoke. He explained that his revenue estimate from all sour-
ces within the General Fund for fiscal year 1987 was $118,553,342.00,
while actual collections were $119,797,842.00, for a plus 1.5% dif-
ference.
Mr. Schlanger advised that per requirements established by
Ordinance No. 26292, adopted by Council on December 6, 1982, setting up
a Reserve for Capital Improvements and Capital Maintenance and Equip-
ment Replacement, the amount designated for fiscal year 1987 is
$2,963,266.00, leaving no undesignated funds at year end, noting that
in order to have fulfilled the objective of Ordinance No. 26292,
$4,722,909.00 would have had to be available before having any unde-
signated funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was adopted by Mr. Garland and adopted.
REPORTS OF COMMITTEES:
BUDGET-STADIUM: Council member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for flood
damage repair at Victory Stadium under the east and west stands, pre-
sented a written report on behalf of the committee recoff~ending that
Council authorize the City Manager to enter into a contractual
agreement with Breakell, [nc., in accordance with contract documents as
prepared by the City Engineer and modifications as approved by Federal
and State Departments, for the sum of $114,296.00, with the work to be
performed in 150 consecutive days; that Council appropriate $114,296.00
to Account No. 008-002-9574-9154, Flood of '85 Damage Repair, and
establish an accounts receivable from the Federal Government for
$85,722.00 and the State Government for $28,574.00; and reject all
other bids.
424
ACTION:
ACTION:
A report of the City Manager concurring in the report of the Bid
Committee was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28/53) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 294.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........... 6.
NAYS: None ........
(Council member Bowers was absent.)
O.
Mr. Garland offered the following emergency Ordinance:
(#28754) AN ORDINANCE accepting the bid of Breakell, Inc., for
construction of repairs to the East and West Stands of Victory Stadium
as approved by the Federal Emergency Management Agency and the Virginia
Department of Emergency Services, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 295.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey and Mayor
Tayl or .......... ---5.
NAYS: None ....... -0.
(Council member Bowers was absent.) (Vice-Mayor Musser was out of the
Council Chamber.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: Council member
Robert A. Garland, Chairman of a committee appointed by the Mayor to
tabulate bids received for the Knights of Pythias Building to be used
by the Fifth District Employment and Training Consortium, presented a
written report on behalf of the committee recommending that all bids be
rejected and that the contract documents be revised to make changes in
the scope of the project to accommodate another department along with
the Fifth District Employment and Training Consortium, and readvertise
the project for bids.
A report of the City Manager concurring in the report of the Bid
Committee was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28755) A RESOLUTION rejecting all bids for certain alterations
and additions to the Knights of Pythias building.
(For full text of Resolution, see Resolution Book No. 50, page 295.)
425
ACT[ON:
m
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES:
Taylor--
Council members Trout, Bowles, Garland, Harvey and Mayor
5.
NAYS: None-- - .......O.
(Council member Bowers was absent.) (Vice-Mayor Musser was out of the
Council Chamber.)
JUVENILE DETENT[ON HOME: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor Lo tabulate bids
received for roof replacement at the Juvenile Detention Home at Coyner
Springs, presented a written report on behalf of the committee recom-
mending that the City Manager be authorized to enter into a contrac-
tual agreement with Blankenship Roofing Company, Inc., in the amount of
$27,956.00 and 25 consecutive calendar days; that Council approve the
encumbrance of $30,000.00 for the project, $27,956.00 for the contract
amount plus $2,044.00 contingency amount; and reject all other bids.
A report of the City Manager concurring in the report of the Bid
Con~nitLee was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28756) AN ORDINANCE accepting the bid of Blankenship Roofing
Company, Inc., for construction of a roof replacement at the Juvenile
Detention Home in Coyner Sprin§s, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 296.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bow1 es, Garland, Harvey, Musser and
Mayor Taylor, 6.
NAYS: None-
Oe
(Council member Bowers was absent.)
BUDGET-STREETS AND ALLEYS-AIRPORT: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for bituminous concrete overlays and pavement profiling
of various streets within the City of Roanoke, presented a written
report on behalf of the committee recommending the following:
Accept the low bid of S. R. Draper Paving Company,
Inc., transfer $206,065.00 from the Capital
Maintenance and Equipment Replacement Program and
award a contract in the amount of $856,065.00.
Forward the report to the Roanoke Regional Airport
Comission for appropriate action on the $25,000.00
for paving at the Airport.
A report of the City Manager concurring in the report of the Bid
Committee was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28757) AN ORDINANCE to amend and reordain certain sections of
the 198/-88 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 297.)
426
ACT[ON:
ACTION:
ACTION:
Mr. Garland moved tile adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ .6.
NAYS: None .......... .0.
(Council member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28758) AN ORDINANCE accepting the bid of S. R. Draper Paving
Co., Inc., for paving and profiling of various streets within the City
of Roanoke, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requi-
site contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 297.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor .......... -6.
NAYS: None--
-0.
(Council member Bowers was absent.)
At this point, Council member Harvey left the meeting.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council members Bowers and Harvey.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28711 permanently vacating,
discontinuing and closing the paper alley running between Campbell and
Marshall Avenues, S. W., bounded by parcels bearing Official Tax Nos.
1113102, 1113103, 1113120 and 1113121, having previously been before
the Council for its first reading on Monday, July 13, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
(#28711) AN ORDINANCE permanently vacating, discontinuing .and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 265.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowl es, Garland, Musser and Mayor
Tayl or ........ --4.
NAYS: Nene ........ .---0.
(Council members Bowers and Harvey were absent.) (Council member Trout
was out of the Council Chamber.)
427
ACTION:
ACTION:
STREETS AND ALLEYS: Ordinance No. 28712 permanently vacating,
discontinuing and closing an unopened alley running parallel with
Woodbine and Ivy Streets, S. E., bounded by parcels bearing Official
Tax Nos. 4041409 - 4041416, respectively, and Lots I and 2 of Official
Tax No. 4041405, having previously been before the Council for its
first reading on Monday, July 13, 198/, read and adopted on its first
reading and laid over, was again before the body, Mr. Garland offering
the following for its second reading and final adoption:
(#28712) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Viruinia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 266.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Tayl or ........ 5.
NAYS: None ................
(Council members Bowers and Harvey were absent.)
STREETS AND ALLEYS: Ordinance No. 28713 permanently vacating,
discontinuing and closing a portion of Mosby Street, east of the
eastern right-of-way line of Miami Street, S. E.; the portion of
Botetourt Street, S. E., north of a line between the southern corners
of lots identified as Lot 18, Block 1, Rivermont Court, and Lot 7,
Block 2, Rivermont Court; and all of the alley lying between Botetourt
Street, S. E., and the parcel of property identified as Official Tax
No. 4230501, all of which are not open on ground, having previously
been before the Council for its first reading on Monday, July 13, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#28713) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 267.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowl es, Garland, Musser and Mayor
Tayl or ....... . ...... 5.
NAYS: None ....... O.
(Council members Bowers and Harvey were absent.)
STREETS AND ALLEYS: Ordinance No. 28714 permanently vacating,
discontinuing and closing Raleigh Avenue, N. W., extending westerly
from its intersection with Gainsboro Road, to its intersection with
Orange Avenue; a certain 10 foot wide alley extending southerly from
the southerly side of Raleigh Avenue for a distance of approximately
206.16 feet to a point of intersection with the northerly side of
Cherry Avenue, N. W.; a certain 10 foot wide alley extending westerly
from the center of the aforementioned alley for a distance of approxi-
mately 313.38 feet to its termination at a juncture with a closed 10
foot wide alley, having previously been before the Council for its
first reading on Monday, July 13, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28714) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 270.)
428
ACTION:
ACT[ON:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Taylor ..... 5.
NAYS: None ......................
--0o
(Council members Bowers and Harvey were absent.)
ZONING: Ordinance No. 28715 rezoning a certain tract of land
lying at the intersection of Lewiston Street and Peters Creek Road,
N. W., designated as Official Tax No. 6421135, containing one acre + ,
from RS-3, Residential Single Family District, to C-1, Office District,
having previously been before the Council for its first reading on
Monday, July 13, 1987, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
(#28715) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 271.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Tayl or ................................ 5.
NAYS: None ..................................................... O.
(Council members Bowers and Harvey were absent.)
ZONING: Ordinance No. 28716 rezonin§ a certain tract of land
located on the north side of Bennington Street, S. E., at its intersec-
tion with Mount Pleasant Boulevard, and Rutrough Road, containing 9.56
acres, more or less, and designated as Official Tax No. 4250202, from
LM, Light Manufacturing District, to CN, Neighborhood Commercial
District, having previously been before the Council for its first
reading on Monday, July 13, 1987, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#28716) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 272.)
Mrs. Bowles moved the adoption of tire Ordinance- The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Tayl or ................ 5.
NAYS: None ............ O.
(Council members Bowers and Harvey were absent.)
SCHOOLS-CITY CODE: Ordinance No. 28728 providing that any nominee
to the School Board must first be considered at a public hearing,
having previously been before the Council for its first reading on
Monday, July 13, 1987, read and adopted on its first reading and laid
over, was again before the body, Mr. Musser offering the following for
its second reading and final adoption:
429
II
ACTION:
ACTION:
ACTION:
(#28728) AN ORDINANCE amending and reordainin9 §§9-20.1, Public
hearing before appointment of school board members, and 9-,23, A~
not applic'able to ftllin~ of vacancies not caused b~/ ordinary/ expira-
tion of term; public hearin~ exception, of the Code of the City of
Roanoke (1979), as amended, to provide that any nominee to the School
Board must first be considered at a public hearing.
(For full text of Ordinance, see Ordinance Book No. 50, page 273.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Taylor ........ 5.
NAYS: None ....... O.
(Council members Bowers and Harvey were absent.)
CIVIC CENTER: Ordinance No. 28729 accepting the bid of
Daktronics, Inc., to provide and install an outdoor electronic sign at
the Roanoke Civic Center, upon certain terms and conditions, having
previously been before the Council for ils first reading on Monday,
July 13, 1987, read and adopted on ils first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#28/29) AN ORDINANCE accepting a bid made to the City to provide
and install an outdoor electronic sign at the Roanoke Civic Center,
upon certain terms and conditions, and rejecting a certain other bid.
(For full text of Ordinance, see Ordinance Book No. 50, page 274.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES:
Taylor-
Council members Trout, Bowles, Garland, Musser and Mayor
5.
NAYS: None ..................................................... O.
(Council members Bowers and Harvey were absent.)
WATER DEPARTMENT: Ordinance No. 28732 authorizing the City
Manager Lo execute a Radio Reporting Gauge Site Agreement with the
National Weather Service, having previously been before the Council for
ils first reading on Monday, July 13, 1987, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for ils second reading and final adoption:
(#28732) AN ORDINANCE authorizing the City Manager to execute a
Radio Reporting Rain Gauge Site Agreement with the National Weather
Service.
(For full text of Ordinance, see Ordinance Book No. 50, page 274.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Taylor ..................... 5.
NAYS: None ......... O.
(Council members Bowers and Harvey were absent.)
APPALACHIAN POWER COMPANY-EASEMENTS-SPECIAL PERMITS: Ordinance
No. 28733 authorizing the execution of an indenture between the City
and Appalachian Power Company, to construct, erect, operate and main-
tain overhead electric power, said right-of-way being in the County of
Roanoke, Cave Spring Magisterial District, through land owned by the
City situate east of U. S. Route 220, having previously been before the
43O
ACTION:
ACTION:
Council for its first reading on Monday, July 13, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#28733) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 275.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Taylor ...... . .... 5.
NAYS: None .........
-0.
(Council members Bowers and Harvey were absent.)
SEWERS AND STORM DRAINS-HOUSING-INDUSTRIES: Ordinance No. 28735
authorizing the execution of an agreement for the development of an
industrial building within the Roanoke Centre for Industry and
Technology; authorizing the subdivision of certain land within the
Centre necessary for such project; and authorizing the execution of a
deed conveying as a gift a portion of the subdivided property, and a
storm drainage easement related thereto, to the City of Roanoke
Redevelopment and Housing Authority for use in connection with such
development, having previously been before the Council for its first
reading on Monday, July 13, 1987, read and adopted on its first reading
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#28735) AN ORDINANCE authorizing the execution of an agreement
for the development of an industrial building within the Roanoke Centre
for Industry and Technology; authorizing the subdivision of certain
land within the Centre necessary for such project; and authorizing the
execution of a deed conveying as a gift a portion of the subdivided
property, and a storm drainage easement related thereto, to the City of
Roanoke Redevelopment and Housing Authority for use in connection with
such development.
(For full text of Ordinance, see Ordinance Book No. 50, page 275.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Musser and Mayor
Tayl or ........ -5.
NAYS: None ...........
(Council members Bowers and Harvey were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
Oe
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: Mr. William W. Jones, 2904 Bradley Street, N. E.,
appeared before Council and complained about activities of his neighbor
with regard to race cars wi~ich are located less than thirty feet from
his bedroom window. He further complained of indecent exposure by
visitors to the house in question and health problems associated with
breathing the fumes of gasoline from the race cars.
The City Manager advised that the matter was brought to his atten-
tion in July, 1985; that over a period of time a group of neighbors
worked through the City's normal channels and were not satisfied with
the results of the field work and investigation; that the Williamson
Road Action Forum requested that he meet with them and, as a result of
431
Ii
tl
the meeting, the investigation was reopened and a considerable amount
of staff time and attention has been given to the problem. He said
when the City sends inspection and enforc~nent personnel to tile resi-
dence in question, at different times during the day and week, they
cannot find and verify Mr. Jones' complaints. He explained that Mr.
Jones is asking the City to swear out a warrant for a complaint against
his next door neighbor based upon what he says is happening, however,
the City is unable to verify by field inspection that the incidents are
in fact happening, noting that the complaining party is unwilling to
come forward because of animosity between he and his neighbor. Mr.
Herbert stated that the solution to the problem is not now in his
hands; that City staff will continue to investigate the complaints and
if a violation is found, it will be reported to the Ma§istrate.
TRAFFIC-COMPLAINTS: Mr. Joseph E. Brown, 1744 20th Street, N. E.,
appeared before Council representin9 a number of teenagers who cruise
Williamson Road, in respect to an anti-cruising ordinance. He said
teenagers have discussed the matter, they are concerned about the
situation, and rather than commit an act which may be against the law,
they decided to bring their concerns to the attention of Council. He
stated that the teens would like to know what will happen if an anti-
cruising ordinance is passed, and they are concerned about why Council
is coming down hard on teens who cruise Williamson Road. He said the
restaurants on Williamson Road receive a large amount of business from
cruisers, and the City would have a large source of revenue if it could
capitalize off of the business from cruisers who come to Roanoke from
as far away as Lynchburg. He added that he is in favor of a recrea-
tional facility for teens if the City comes up with a viable plan that
would allow teens to have a place to mingle. He presented copy of a
petition signed by approximately 250 persons who cruise Williamson
Road. He expressed concern about the tension an anti-cruising ordi-
nance would create between teens and police officers to the extent that
there could be confrontations, and requested that Council consider pro-
viding a place for teens to congregate before enacting an anti-cruising
ordinance.
At this point, Vice-Mayor Musser left the meeting.
At 4:55 p.m., the Mayor declared the meeting in recess.
At 5:55 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council members Bowers, Harvey and Vice-Mayor
Musser.
REFUSE COLLECTION: The Mayor advised that the four year term of
Kit B. Kiser as a member of the Roanoke Valley Regional Solid Waste
Management Board will expire on July 31, 1987, and called for nomina-
tions to fill the vacancy.
ACTION:
Mrs. Bowles placed in nomination the name of Kit B. Kiser.
There being no further nominations, Mr. Kiser was reelected as a
member of the Roanoke Valley Regional Solid Waste Management Board for
a term of four years ending July 31, 1991, by the following vote:
FOR MR. KISER: Council members Trout, Bowles, Garland and Mayor
Taylor ....... --4.
(Council members Bowers, Harvey and Vice-Mayor Musser were absent.)
There being no further business, the Mayor declared the meeting
adjourned at 6:00 p.m.
APPROVED
ATTEST: ~
City C1 erk
Mayor~
432
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 10, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 10, 1987, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
a ' of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C, Taylor ........ --7.
ABSENT: None .........
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager, Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James R. Meador,
Jr., Pastor, Riverland Road Baptist Church.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
STATE OF THE CITY: The Mayor presented his 1987 State of the
City, with the following recommendations:
"1.
Our City Manager has been discussing with me
his desire to formulate a strategic plan for
the City. I am now ready to recommend that we
develop a five-year strategic plan for the
City of Roanoke. The City has limited
resources and the question that needs to be
posed, debated and answered is what are our
major goals and how are we going to allocate
our resources to meet those goals. City
Council, in partnership with our management
team, needs to build a consensus on important
issues facing the City. Some examples from my
perspective are as follows;
Revenue Allocation-- it is the consensus
of Council to maintain or reduce City
taxes with relation to City services and
important capital expenditures. One of
the most important questions presented to
this City Council and Administration is
that of economy in expenditures and
sufficiency of revenue.
Be
Neighborhood and Economic Development --
how much development effort is too much
or too little.
These issues and many many more are confronting
this City Council on a continuing basis. It is
illogical to deal with them on an individual basis
because they are clearly connected and must be
dealt ~th in a comprehensive way.
My recommendation to City Council is to request the
City Manager to develop a plan for Council's con-
sideration that would address both process and
timetable, to provide a strategic plan for the City
of Roanoke that would include the full ii~l~r~ic~pa-
tion of City Council and our City Administr~'ioh. '
433
ii
In my State of the City Address for 1986, I
called for a strengthening of the working
relationship between the City of Roanoke and
Virginia Tech/Blacksburg. My call was for a
closer working alliance that would strengthen
both the University as well as the City of
Roanoke. To that end, ! am pleased to report
to you that the President of Virginia Tech has
formulated a Roanoke/Virginia Tech Advisory
Council. The Advisory Council is working in a
number of areas to address individual and
mutual needs.
Primary among the concerns that have been initially
identified is the need for a direct transportation
link between Interstate 81 and Virginia Tech. To
that end, I believe that Roanoke City Council can
play a vital role in supporting the Town of
Blacksburg in identifying and offering the Roanoke
Valley's support in the construction of an impor-
tant highway link between the two areas.
I believe that it is imperative and recon~nend to
City Council that we continue to build on this
important relationship by adopting a Reso)ution
endorsing the Blacksburg solution as a reasonable
alternative to our mutual transportation needs.
e
The prime motivation as we labor to improve
the City of Roanoke is to enhance our city's
economic health. As City Council knows, there
is no better way to insure long-term economic
health than with a successful economic
development program. For a number of years,
Roanoke's economy stagnated because of the
lack of available sites. City Council, in
1983, faced up to that deficiency by buying
300 acres of raw land with no prospective
buyers. That 300 acres of raw land is now
what we know as the Roanoke Centre for
Industry and Technology. The wisdom of that
purchase then, and our continuing investment
in that park, is borne out by the parade of
companies that have now settled there -- the
worldwide headquarters of Gardner-Denver,
Orvis Catalog Company, and, of course, Advance
Stores. When Advance Stores completes the
initial phase of its complex in the Centre,
that will bring emplo~qnent in the park to
1,000 people. However, the parade of
corporate clients for the Roanoke Centre is
just beginning. Interest in the park from
prospective corporate citizens is high. We
expect the line up in our parade wil! count
many more than Gardner-Denver, Orvis, and
Advance in the future. The citizens of
Roanoke will look back at this Council one day
and bless us for having the courage and fore-
sight to continue to make the investment out
there. However, like with any achievement,
you can only sit on your laurels for so long.
Therefore, I am recommending that we continue
to increase and intensify the City's efforts
at economic development. I recommend that our
promotional and marketing efforts be increased
and that we begin to look at additional
alternatives for new lands as our Roanoke
Centre for Industry and Technology begins to
fill up. I am asking that City Council
continue its solid support of this program.
Our City Manager has recommended $1,725,000 in
434
ACTION:
ACTION:
our upcofning capital improvement plan for continued
invest~n, ent in economic development. Given our suc-
cess, I am sure the City will reap returns far
greater than their investment. Therefore, ! am
asking City Council to join with me in continuing
that support..
I recommend that the Roanoke City Council
encourage citizens to engage in a self-help
community crime prevention program by
reporti ng to the Pol ice Department any
suspicious acts, persons, and vehicles because
only the efforts of the community, citizens
and police will radically reduce crime.
Citizens must express concern for each other
if change is to occur. Protecting the
community against crime requires an individual
and collective effort. The community and the
police, working together, can be more effec-
tive in reducing and deterring crime. More
needs to be done and the best place to start
is in your own neighborhood. Without citizen
participation in the criminal justice system,
we will be less effective in combating crime.
I recommend that we continue our effort to aid
the homeless. We must take seriously the
report of the Citizens Task Force, for home-
less Americans will face the ravages of winter
without emergency shelters and without suf-
ficient food."
(For full text, see State of the City Report on file in the City
C1 erk ' s Of fi ce. )
At 8:07 p.m., the Mayor relinquished the Chair to the Vice-Mayor.
Mr. Trout offered the following Resolution:
(#28762) A RESOLUTION supporting the improvement of access bet-
ween the Roanoke Valley and Virginia Tech.
(For full text of Resolution, see Resolution Book No. 50, page 302.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........
-0.
Mr. Harvey moved that Recommendation No. I be referred to the City
Manager for report, and that Recommendations Nos. 3, 4 and 5 be taken
under consideration by Council. The motion was seconded by Mr. Trout
and unanimously adopted.
At 8:13 p.m., the Vice-Mayor relinquished the Chair to the Mayor°
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 10, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke Redevelopment and Housing Authority that the portion of Georgia
Avenue, N. E., lying between Kimball Avenue and the right-of-way line
of the Norfolk and Western Railway Company; and that portion of a cer-
tain ten foot alley located in the center of Block 24 of Deanwood
Terrace, beginning at the intersection of Kimball Avenue, N. E., and
running in an easterly direction approximately 40 feet to that point at
which said alley was closed, be permanently vacated, discontinued and
closed, the matter was before the body.
m
ACTION:
Legal advertisement of the public hearing' was published in the
morning editions of the Roanoke Times &~orld-News'on Friday, July 24,
1987, and Friday, July 31, 1987;
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recolmnending that the
request be approved, based on the following conclusions, was before
Council.
"Street and alley portions have remained undeve-
loped and unneeded for many years, as public
rights-of-way.
Adjacent property owners could utilize the land
within the rights-of-way in a more efficient
manner."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the followin9 Ordinance be placed upon its
first reading:
(#28763) AN ORDINANCE permanently, vacating, discontinuin9 and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 306.)
The motion was seconded by Fir. Bowers.
Faith M. Wilson, Attorney, representing the petitioner, appeared
before Council in support of the request of her client.
No person wishing to address Council with regard to the request,
Ordinance No. 28763 was adopted on first reading by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .?.
NAYS: None .......
STREETS AND ALLEYS: Pursuant Lo Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearin9 for Monday, August 10, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of R. K. Sharp
that a portion of an alley running between Montclair Avenue and Kenwood
Boulevard, S. E., more specifically running between Lots 19 and 20,
Block 16, and approximately 128.1 feet in length, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 24,
1987, and Friday, July 31, 198/.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, subject to the following conditions, was before
Council.
"That the applicant agrees to have prepared and
submitted to the City for approval, a plat of sub-
division dedicating a certain five foot by twenty
foot strip of land situated adjacent to the west
side of that portion of the alley that is to remain
open for the development of a turnaround area.
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436
ACT[ON:
Furthermore, the Commission concurred in the
staff's reco~endation that the City Council
authorize and direct the Public Works Department to
construct a turnaround, within the remaining por-
tion of the subject alley, and Montclair Avenue,
S.E., to standards acceptable to the City
Engineer.
That official closure of the alley be made con-
tingent upon the recordation of the above subject
plat of subdivision."
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
"AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City
of Roanoke, Virginia, as is more particularly
described hereinafter; authorizing and directing
the construction of a turnaround at the end of the
vacated right-of-way; and providing for an effec-
tive date."
The motion was seconded by Mr. Garland.
Mr. Kenneth R. Sharp, petitioner, appeared before Council and
advised that he commenced the process to close the alley which runs
next to his residence in January, 1987. He said the alley is 148 feet
long and runs the entire length of his property and is located five
feet from his house, and explained his reasons for requesting that the
alley be closed, as follows:
Ninety-nine per cent of foot traffic by individuals
using the alley to travel to different parts of
southeast represent people who do not live in the
immediate vicinity and are strangers to the area.
The alley has become a lover's lane and many
questionable activities take place.
During the past year, two crimes have been com-
mitted which have been classified as Class I mis-
demeanors.
Closing the alley will be in the best interest of
his family and neighbors because it will act as a
deterrent to people who use the alley as a means of
escape and loitering.
Closure will be a deterrent to vandal ism.
There have been cases of indecent exposure, pro-
perty damage, glass bottles have been thrown at his
children in their backyard, stolen material which
has been discarded in the alley, threatening
remarks and obscene language.
Mr. Sharp said objections have been raised because closure would
prevent Sanitation Department trucks from using the alley, noting that
in the last year sanitation trucks have damaged his property, and he
was compensated for the damage and the trucks have ceased using the
alley. He said the trucks now back down Montclair Street to col]ect
garbage. He advised that another objection of his neighbors is that
there is no turnaround, noting that he has amended his request to dedi-
cate a strip of land to remain open for the development of a turnaround
area. He stated that another objection is that children from the Park
21 Apartments will be unable to travel through the alley to get to the
school bus in front of his residence, noting that he has talked with
school officials who agree that the children should not be coming
through a ditch, up a bank, through an alley, across his property and
across a dangerous street to catch the school bus and they have agreed
I
I
to pick the children up at the apartment complex. He stated that
another objection is that his neighbors wil! lose access to their gar-
dens and garages, advising that they may use two City streets,
Montclair Street and Fallon Avenue, for this purpose. He said he pro-
poses to block the alley by installing a six foot fence with a
pedestrian gate, and the City has agreed to provide a turnaround to
divert traffic.
Mr. Sharp referred to a cmmnunication from Jefferson National
Bank, adjoining property owner, advising that they have no objection to
closing the alley; and a petition from neighbors who are directly
affected advising that they have no objection to the alley closure. He
asked that Council grant the request which he feels is in the best
interest of his family, immediate neighbors, citizens of the City of
Roanoke, and the integrity of the neighborhood that the City is trying
to maintain.
Ms. Mary O. Linkenhoker, 1842 Kenwood Boulevard, S. E., appeared
before Council and advised that the children in the area have already
started using her yard as a thoroughfare to Fallon Park. She said she
does not feel it is fair to "give" the alley to Mr. Sharp and allow all
of the resulting traffic to come through her yard. She stated that
closure of the alley would provide Mr. Sharp with a private drive-way,
advising that if the back of the alley is to be closed, Council should
also close the front portion.
Mr. Milton Fronk, 1834 Kenwood Boulevard, S. E., appeared before
Council and advised that during bad weather he cannot get to his resi-
dence from Greenbrier Avenue because of a hill and his only access to
his garage is off of Kenwood Boulevard. He said he can see no reason
for the alley to be closed, that he lives six doors down from Mr. Sharp
and he has experienced only two incidents in which police had to be
called in the past seven years. He said if Council closes the alley,
the problems will be pushed down the alley on the rest of the neigh-
bors, noting that one person should not be satisfied while other resi-
dents have to pay the price. He added that the entire neighborhood
should band together and try to solve Mr. Sharp's problems. He
suggested that the City sell Mr. Sharp twenty feet of right-of-way
which would move pedestrian traffic away from his residence and the
City could use the money to purchase right-of-way on land adjacent to
Mr. Sharp's property to provide neighborhood residents with an entrance
off of Kenwood Boulevard. He stated that the property in the immediate
area needs to be mowed and cleared, and suggested that the owners post
the land which would clear up some of the problems Mr. Sharp has
alluded to. Mr. Fronk concluded by advising that he is strictly
against closing the alley.
In reference to Sanitation Department trucks using the alley, the
Director of Public Works advised that refuse service can be provided
without the use of the alley, noting that the City provides backyard
refuse collection service wherever the refuse happens to be located.
Mr. Ted Tucker, City Planner, appeared before Council and advised
that the City Planning Commission has taken a long, hard look at the
alley situation, and the consensus of opinion is that it is a public
nuisance and a continual source of harrassment for the adjacent pro-
perty owner. He said the definition of an alley is that it exists to
serve the abutting property owners and not to serve the needs of resi-
dents down the street as far as eight to ten lots away. He stated that
this particular alley situation has been heard on a number of occasions
and he feels the City has exhausted every remedy other than closure.
In reference to the question of mowing and clearing property in the
immediate vicinity, he said the Public Works Department has inspected
the area, and in the alley public right-of-way of M~ntclair Avenue,
they could find nothing to clean or clear in the way of brush or trees.
Mr. Harvey noted that there is a vacant lot on the west side of
the property and inquired as to the feasibility of extending the ease-
ment by twenty feet or at least the width of an alley; whereupon, the
City Manager advised that he would be willing to investigate the feasi-
bility.
437
438
ACT[ON:
ACTION:
Mr. Harvey offered a substitute motion that the City Manager be
requested to investigate the feasibility of extending the alley away
from the residence of Mr. Sharp, and targeted primarily for pedestrian
traffic. The motion was seconded by Mr. Musser and adopted by the
roi)owing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
and Mayor Taylor ..................................... 6.
NAYS: Council member Trout ........
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 10, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Racetrac Petroleum,
Inc., Nuel L. WalJace, Trimen Industries, Inc., and Virginia Foundry
Company, Inc., that certain tracts of land lying in the northeast sec-
tion of the City, designated as Official Tax Nos. 3050315 - 3050318,
respectively, 3050306, 3050201 and a portion of 3050207, containing
2.439_+ acres, located between Orange Avenue and McDowell Avenue, and
9th and 11th Streets, N. E., be rezoned from HM, Heavy Manufacturing
District, to C-2, General Commercial District, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 24
1987, and Friday, July 3i, 1987. '
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request for rezoning, noting that the Commission considered
the property more appropriate for commercial than industrial use, and
the purpose of rezoning is to construct a high convenience store was
before Council. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28764) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 305, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 308.)
The motion was seconded by Mrs. Bowles.
John M. Wilson, Jr., Attorney, representing the petitioner,
appeared before Council in support of the request of his clients.
No person wishing to address Council with regard to the request,
Ordinance No. 28764 was adopted on first reading by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ........ -0.
BONDS-CAPITAL IMPROVEMENTS: Pursuant to motion of Council on
Monday, July 27, 1987, the City Clerk having advertised a public
hearing for Monday, August 10, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the adoption of an ordinance
authorizing the issuance of $10,000,000.00 principal amount of general
obligation bonds of the City for the purpose of providing funds to
defray the cost of needed permanent public improvements to public
schools, the system of storm drains, public sidewalks, curbing,
streets, highways and bridges, and parks and other recreational purpo-
ses; and an ordinance directing and providing for the holding of an
election to determine whether the qualified voters will approve the
issuance of general obligation bonds of the City in the above-stated
principal amount and for the above-stated purposes; and to offer citi-
zens the opportunity to be heard on a proposed five-year Capital
Improvement Program recommended by the City ,Manager, the matter was
before the body.
ACTION:
439
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 31,
1987, and Friday, August 7, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Attorney submitted a written report transmitting two
ordinances relating to the bond issue necessary to finance the Capital
Improvement Program recommended by the City Manager by report dated
July 27, 1987, advising that assuming approval of the City Manager's
recon~ended Capital Improvement Program by Council's adoption of a
resolution drafted for this purpose, Council will be ready to consider
the two ordinances relating to the proposed bond issue.
Mr. Dibling explained that if Council approves the two ordinances,
he will request that the Circuit Court of the City of Roanoke enter an
order directing the City Electoral Board and the State Board of
Elections to hold the bond election requested by 'Council; that if the
electorate approves the bond issue, it will be necessary for him to
bring to Council a detailed resolution providing for the form of the
bonds and coupons, and details as to sale, execution, advertisement and
delivery of the bonds; that subsequent to adoption of this detailed
resolution after the referendum, an official statement will be prepared
by the Director of Finance with his assistance and that of bond coun-
sel, which statement will contain a certification of the facts and
estimates relating to the use of the bond proceeds, including, among
other things, certification of projects for which the bonds are issued,
the estimated completion dates of the projects, the cost of the pro-
jects and the funds available to pay such costs and the times which
funds will be required for expenditure.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(~28759) A RESOLUTION endorsing the Capital Improvement Program
submitted by the City Manager by report of July 27, 1987, and
expressing the intent of the Council to finance certain proposed
Capital Improvement Projects through issuance of General Obligation
Bonds after approval by the voters of the City in a bond referendum to
be held on November 3, 1987.
(For full text of Resolution, see Resolution Book No. 50, page 298.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout.
Ms. Denise A. Reedy, representing the Roanoke City Central Council
PTA, appeared before Council and advised that the Central Council PTA
supports the bond referendum, especially the portion that would make
possible the funds for the renovation of seven older elementary
schools. She said the Central Council PTA is deeply concerned about
the finances necessary to maintain the schools and to provide children
with the best education possible.
Ms. Valerie Rasheed, President, Oakland Elementary School PTA,
appeared before Council and expressed appreciation for making the
painting of Oakland School possible. She said the Oakland PTA would
like to acquire property between the school and the church which will
provide more adequate play§round space and additional parking, adding
that in conjunction with the Williamson Road Action Forum, the area
will be adequately landscaped. She said there is a need for modern
restrooms, none of which are located on the first floor, ceilings need
to be dropped to conserve energy, the cafeteria is in need of remo-
deling, and air conditioning is needed. She said the Oakland
Elementary School PTA supports the bond issue.
The Mayor advised that the following persons were in attendance in
support of the bond issue:
J. Randolph Garrett, III, 2424 Stanley Avenue,
S. E., representing neighborhood schools;
Larry A. Fischbach, representing Virginia Heights
Elementary School PTA;
440
ACTION:
ACTION:
Ora B. McColman, representing the Williamson Road
Area Business Association;
George A. Cuadrado, representing
Elementary School PTA; and
the Wasena
Julian D. King, President, '~illiamson Road Action
Forum,
Mr. Henry Pritchett, 312 Market Street, S. W., appeared before
Council in support of the bond issue. He di.scussed the need for con-
tinuation of the downtown improvements program, and requested the
inclusion of funds for specific capital improvements downtown in the
market area. He stated that additional parking is needed in order to
attract people who have expressed an interest in locating in the market
area. He commented that items need to be included in the bond referen-
dum that will serve immediate needs which have already occurred and, in
addition, a line item should be developed in the budget to include con-
tinuing capital improvements downtown.
No other persons wishing to address Council with regard to the
matter, Resolution No. 28759 was adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .7.
NAYS: None .......
Mr. Trout offered the following emergency Ordinance:
(#28760) AN ORDINANCE authorizing the issuance of Ten Million
Dollars ($10,000,000) principal amount of general obligation bonds of
the City of Roanoke, Virginia, for the purpose of providing funds to
defray the cost to the City of Roanoke of needed permanent public
improvements, including acquisitions, construction, additions, better-
ments, extensions and improvements of and to public schools, the system
of storm drains, public sidewalks, curbing, streets, highways and
bridges, and parks and other recreational purposes, and acquisition of
real property for the foregoing; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 299.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None ........
Mr. Garland offered the following emergency Ordinance:
(#28761) AN ORDINANCE directing and providing for the holding of
an election in the City of Roanoke, Virginia, to determine whether the
qualified voters of the City of Roanoke, Virginia, will approve
Ordinance No. 28760, duly adopted by the Council of the City of Roanoke
on August 10, 1987, providing for the issue of certain general obliga-
tion bonds of the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 300.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bow1 es and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .-7.
NAYS: None .........
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
CONSENT AGENDA:
441
ACTION:
ACTION:
ACTION:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Counci'l, the disposition of publicly held property, and
two additional personnel matters.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950)
as amended, was before the body. '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Counci), pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ --7.
NAYS: None ......... -0.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 {al (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (al {2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ....... -0.
COUNCIL: A communication from Von W. Moody, III, Director of Real
Estate Valuation, requesting an Executive Session to discuss a person-
riel mattel', pursuant to Section 2.1-344 (al (1), Code of Virginia
(1950), as amended, was before the body.
(For full text~ see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Director
of Real Estate Valuation to convene in Executive Session to discuss a
personnel matter, pursuant to Section 2.1-344 (al (1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, ~sser,
Trout and Mayor Taylor ........ --7.
NAYS: None ........ O.
PENDING LIST: A list of items pending from July 10, 1978, through
July 27, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
442
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ......
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1)s Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss a personnel
matter, pursuant Lo Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr, Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None .......
-0.
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY CODE-BOARD OF REAL ESTATE EQUALIZATION: A communication from
the Honorable Jack B. Coulter, Judge, Circuit Court for the City of
Roanoke, transmitting copy of a report of the Board of Equalization for
the taxable year July 1, 1987, to June 30, 1988, noting that the Board
recommends that it continue to have access to computer service and
office space separate from the valuation office which has been provided
in the past, was before Council.
Judge Coulter pointed out that Section 32-39 of the City Code
should be amended to extend the expiration of the Board's appointment
from April 15 to June 15, noting that each year in the recent past the
Court has had to extend the Board's term by separate court orders and
it is quite clear that their work cannot be completed within the pre-
sent time frame.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that Council receive and file the report and con-
cur in Judge Coulter's suggestion. The motion was seconded by Mr.
Trout and unanimously adopted.
A report of the City Attorney advising that he concurs with Judge
Coulter that it is extremely difficult for the members of the Board of
Equalization to complete their work by April 15; that in order to eli-
minate the requirement that the Court enter an order each year to
extend the terms of the members of the Board, he recommends that
Council adopt an ordinance which amends §32-39 to provide that the
terms of the members of the Board of Equalization will expire oh
June 15 of each year, rather than April 15.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered .t~he following emergency Ordinance:
(#28765) AN ORDINANCE amending and reordaining §32-39, Board of
.E.qualization, Code of the City of Roanoke (1979), as amended, to pro-
vide for expiration of the terms of the members of the Board of
Equalization on June 15, rather than on April 15 of each year; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 303.)
-!
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. 7.
NAYS: None ....... --0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that Council approved $3,190.00 on April 13, 1987, to
operate the Commodity Food Program through June 30, 1987; that funding,
which is 100% reimbursed by the Federal Department of Agriculture, pro-
vides wages for a part-Lime program manager and equipment rental,
including trucks used for transportation of the commodities; that the
former Kroger Bakery, which is owned by the City, serves as the distri-
bution site and is provided at no cost; and negotiations are under way
with the Food and Nutrition Service of the Department of Agriculture to
increase the distribution from quarterly to monthly.
It was explained that funds in the amount of $14,500.00 are needed
Lo continue the part-time staff in fiscal year 1987-88; and the cost
of distribution will be affected by the continued availability of the
current distribution site.
The City Manager recommended that Council appropriate $14,500.00
for operation of the Commodity Food Program for fiscal year 1987-88 to
the following accounts:
$10,500.00 - Temporary Employee Wages, Account No.
001-054-5317-1004
$ 800.00 - FICA, Account No. 001-054-531/-1120
$ 3,000.00 - Equipment Rental/Lease, No. 001-054-
5317-3070
$ 200.00 - Administrative Supplies, Account No.
001-054-5317-2030
Increase Revenue Account No. 001-020-1234-0628 by
$14,500.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency bud§et Ordinance:
(#28766) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 303.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None ........ O.
443
444
ACTION:
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written
report advising that a Federal Major Urban Resource Library Grant for
$39,005.00 has been awarded to the Roanoke City Library; that the
Library met and will continue to meet the criteria for award of the
grant; that the grant was awarded to the Library in 1985 and 1986 and
the Library wil! continue to receive it annually as long as the Federal
Government continues to fund the source and the Library continues to
meet the criteria; and the grant, which must be accepted and expended
by June 1, 1988, may be used for any purpose connected with the support
and expansion of Library services in the geographic area.
It was explained that the Roanoke City Library is continuing to
modernize its facilities and strengthen its services in the areas of
automation, reference resources, furniture and small equipment; and the
Library Administration recommends that the Major Urban Resource Library
Grant be expended as follows:
Obtain the services of a professional library con-
sultant, at a cost of approximately $15,000.00, to
coordinate phase two of the implem, entation of an
on-line computer system.
Upgrade and expand the reference collection in
order to serve the community's reference and infor-
mation needs at a cost of $20,305.00.
Purchase small items of furniture and equipment
needed to facilitate the revamping and upgrading of
the reference resources and public service at a
total cost of $3,700.00.
The City Manager recommended that Council accept the Major Urban
Resource Library Grant, in the amount of $39,005.00, and appropriate
the funds to the Library budget for fiscal year 1987-88, as follows:
$15,000.00 to Account No. 001-054-7310-2010, Fees
for Professional Services;
$20,305.00 to Account No. 001-054-7310-2040, Publi-
cations and Subscriptions;
$2,500.00 to Account No. 001-054-7310-9015, Other
Equipment;
$200.00 to Account No. 001-054-7310-2035, Expend-
able Equipment ( $500.00);
$1,000.00 to Account No. 001-054-7310-2030, Admini-
strative Supplies.
The City Manager further recommended that Council establish a
revenue estimate of $39,005.00 for the Federal grant; and authorize the
City Manager or his designee to execute the necessary documents
accepting the grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.) ·
Mrs. Bowles offered the following emergency budget Ordinance:
(#28/67) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 304.).
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
ACTION:
ACTION:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ....
'-0o
Mrs. Bowles offered the following Resolution:
(#28768) A RESOLUTION accepting a Major Urban Resource Library
Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 305.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..................... 7.
NAYS: None ........
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council authorized a contract amendment on
October 6, 1986, with Bio-Gro Systems, Inc., to provide for the hauling
of the fifth year's quantity of sludge at the Water Pollution Control
Plant of up to a maximum of 15,000 dry tons by December 31, 1987; that
advertisement for bids is scheduled this fall for contracting for the
removal and beneficial land application of sludge beyond the current
contract term; and start-up time for a new contractor, to include phy-
sical set-up, bonds and most notably processing of permit applications
through regulating agencies is expected to take at least twelve months.
It was explained that 15,000 dry tons of sludge will be available
by December 31, 1987, but all of the sludge will not mature or be con-
centrated sufficiently to be hauled prior to next sun~ner; and letter
under date of July 24, 1987, from Bio-Gro indicates their desire to
haul the maximum allowed quantity of sludge by reducing the price by
$5.00 per dry ton for all sludge hauled after December 31, 1987, and
providing the City will agree to a time extension of nine calendar
months.
The City Manager recommended that Council authorize a contract
amendment with Bio-Gro Systems, Inc., to extend the term for hauling
the fifth year's quantity from December 31, 1987, until September 30,
1988, and providing for a reduction of the unit price during the
extended period from $89.56 per dry ton to $84.56 per dry ton.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28769) AN ORDINANCE authorizing the execution of an amendment
to the contract with Bio-Gro Systems, Inc., for sludge hauling ser-
vices, upon certain terms and conditions, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 305.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None .......
.0.
BUDGET-PUBLIC ASSISTANCE-GRANTS: The City Manager submitted a
written report advising that a grant of $17,784.00 has been made to the
Roanoke City Department of Social Services by the State Department of
Social Services; that the purpose of the grant is to allow the local
department to pay for professional services that Will aid in keeping
children in their natural home rather than having to be placed outside
of their natural home in foster care; and services to be obtained are
as follows:
445
446
ACTION:
homemaker/parent counseling for approximately ten
fami 1 i es,
day care for approximately twelve children, and
special counseling and treatment for approximately
two emotionally disturbed children.
it was explained that the grant is a special allocation which was
made available to targeted Virginia localities for the first time; and
total program cost will be $22,230.00 of which the State grant will
cover 80 per cent.
The City Manager advised that state funding regulations require
that 20 per cent of program costs be provided from local sources; and
the City's 20 per cent match for the program ($4,446.00) is available
in the Department of Social Services fiscal year 1981-88 budget in a
category which was set up to provide local match funds for state/
federal grant programs.
The City Manager recommended that Council transfer $4,446.00 from
Account No. 00!-054-5314-4145, Local Cash Match to Account No. 001-054-
5314-3160, Purchase of Services, and increase the revenue estimate of
funds to be received from the State Department of Social Services
Account No. 001Q020-1234-0683 and corresponding increase in expenditure
Account No. 001-054-5314-3160.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28770) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 306.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .7.
NAYS: None ......... -0.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee recommending that Council authorize the
appropriate City officials to execute documentation granting a road
right-of-way easement across portions of the Falling Creek Reservoir
property.
A staff report pointed out that the City of Roanoke acquired the
reservoir property located on Jeters Chapel Mountain in Bedford County
many years; that due to the location of old property boundaries rela-
tive to the winding mountain road, {Virginia Route 635) some parcels of
private property that originally had minimal road frontage, when sub-
divided, produced smaller parcels lacking road frontage due to portions
of the large City holdings being located between them and the road; and
a few of the owners of these landlocked parcels have acquired access
easements from the City and some have failed to do so.
It was explained that Malcolm M. Doubles is acquiring a 3.0 acre
parcel of property on Route 635; that investigation into the title to
the property has revealed that the parcel is landlocked by City pro-
perty; that the property is approximately ten feet from the road right-
of-way at its closest points; that plats of the parcel made over the
last 20 years have shown a 20 foot right-of-way easement that serves
the property 50.17 feet long (this length caused by the right-of-way
being at an acute angle to both the road and the property line), mea-
sured from the center of Route 635; that Mr. Doubles has requested that
,!
ACTION:
ACTION:
the City grant him the right-of-way easement shown on a map prepared by
T. P. Parker and Son, dated I~y 29, 1986, entitled "Survey For
Mark H. & Jil! R. Femrite"; and the City Administration recon~aends that
the one time fee for granting the right-of-way easement be $100.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the followin9 Ordinance be placed upon its
first reading:
(#287/1) AN ORDINANCE authorizing the proper City officials to
grant a certain 20' easement across Falling Creek Reservoir property,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 309.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........
.0.
INDUSTRIES-APPALACHIAN POWER COMPANY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council authorize
the Mayor and City Clerk to execute an indenture with Appalachian Power
Company, providing the Company the right to install overhead electrical
service in an existing fifty foot public utility easement to the
Advance Auto site in the Roanoke Centre for Industry and Technology.
A staff report explained that electric service to the industrial
parcels east of Blue Hills Drive, N. E., (between the street and the
City Limit Line) is provided by overhead electric lines in a fifty foot
public utility easement along the easterly boundary of the industrial
park that was dedicated by the original recordation of the subdivision
plat; and the new fifty foot public utility easement has been dedicated
from the original easement in a westerly direction to the terminus of
Blue Hills Circle, N. E., the access road to the Blue Hills Golf
Course.
It was noted that Appalachian Power Company has submitted an
indenture which will give them the authority to install the overhead
electric service to the Advance Auto site; that service to be in the
new easement ~ich terminates across Blue Hills Circle, N. E., from the
Advance Auto site; that the Director of Utilities and Operations has
authorized Appalachian Power Company to start preliminary w~rk due to
need for temporary electric service at the Advance Auto site, subject
to ratification by Council; that temporary service from the end of the
permanent overhead service, as shown by the easement on the proposed
indenture agreement, will also be overhead crossing Blue Hills Circle,
N. E., and portions of the Advance Auto site to the point of need; and
the permanent line from the end of the easement will ultimately be
underground where it crosses Blue Hills Circle, N, E., and as it
crosses the Advance Auto site to its permanent connection to the
completed building.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28772) AN ORDINANCE authorizin9 execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 309.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
447
448
ACTION:
AYES: Council members Bowers, Bowles, Garland~ Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None .........
O.
SPECIAL PERMITS: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommending that Council authorize a conditional permit
for the continued existence of the masonry wall at 2153 Woodland Road,
S. E.
A staff report explained that the Engineering Department investi-
gating a request from a citizen that Woodland Road, S. E., be paved,
noticed and encroaching masonry wall in a cul-de-sac and the owner was
advised to request a conditional permit for the encroachment; and
Edward R. and Sonnie L. Taylor, owners of the property, have requested
a conditional permit to allow the continuing encroachment of a masonry
retaining wall adjacent to the northerly side of their driveway which
encroaches a maximum of approximately six feet into the 25 foot radius
cul-de-sac at the easterly end of Woodland Road, S. E.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28//3) AN ORDINANCE granting a conditional permit for an
existing structure encroaching over and into the right-of-way of
Woodland Road, S. E., located adjacent to 2158 Woodland Road, S. E.,
Official Tax No. 4441007, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 310.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... ----7.
NAYS: None .........
Oe
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
STATE HIGHWAYS: Council member Bowers advised that over a year
ago Council received a report on the transportation needs of the City
and where the City should direct funds from the State Department of
Transportation for the building of new roads. He said one of the
priority items on the list was the extension of Peters Creek Road
southward to Shenandoah Avenue and Salem Turnpike and down across the
river to connect to Lee Highway. He added that he was recently con-
tacted by citizens who tend to be opposed to a bridge crossing the
river and connecting with Lee Highway, adding that he does not know if
the City will be solving any problems by extending the road across the
river. He said he is in favor of extending the road southward to Salem
Turnpike, but does not see any urgent need for building a bridge and
extending the road down into the southern part of the City.
Mr. Bowers advised that there is a more critical area which is
becoming more and more congested around Towers Shopping Center. He
said one of the purposes that the City Administration promoted in
having the bridge come across the river at Peters Creek Road was to
provide more direct access to the interstate for citizens on the south
side of the City, however, he is of the opinion that a more direct
route to the interstate would be the extension of Wonju Street to
Brandon Avenue which would also spur retail and com~nercial development
ACTION:
ACTION:
ACTION:
along the area. He added that there is also the need Lo four lane
Brandon Avenue from Wheeler's Fast Service Laundry and Dry Cleaners
down to Main Street. He said for the above reasons, he would like for
the City Manager to report to Council with information regarding the
funding and status of the Peters Creek Road project, tie co~nented that
it may be appropriate for the City to delay the building of the bridge
until later in the next decade inasmuch as there does not seem to be a
critical need due to the fact that there is no congestion in the area
at the present time. He stated that initially, it might be appropriate
for the City to delay the construction of the bridge until another Five
Year Highway Plan, and defer the money to a better use for the citizens
of the southwest section of the City, to provide a more direct access
to the interstate and to clear up some of the congestion which exists
in the Towers Shopping Center and Brandon Avenue area.
Mr. Bowers moved that the City Manager be requested to report to
Council within sixty days as to the funding and status of the Peters
Creek Road Project. The motion was seconded by Mr. Trout and unani-
mously adopted.
EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE: The Mayor called
to the attention of Council a communication from the Emergency Medical
Services Advisory Committee requesting an extension on the date of sub-
mittal of the Committee's final report until October 12, 198/.
(For full text, see communication on file in the City Clerk"s Office.)
Mr. Harvey moved that Council concur in the request.
was seconded by Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS:
The motion
TRAFFIC-COMPLAINTS: Mr. Joseph E. Brown, 1744 20th Street, N. E.,
appeared before Council and advised that he was approached by some of
his peers about the recent crack down of traffic violations in the
Williamson Road area. lie said some of the teenagers are taking this as
a deliberate act by Council to attempt to stop them from using the
Williamson Road area as a site to gather, and it is causing hard
feelings toward police officers who work in the area on weekends. He
added that he is afraid that police officers are being asked to issue
tickets for violations which would normally be considered as a first
time or warning offense by most officers. He commented that he is con-
cerned that what is being created is a set up for a major confrontation
between the teenager who cruises Williamson Road and the police
officer.
Mr. Brown said he has been approached by a businessman from
Farmville who has expressed an interest in discussing with Council the
possibility of establishing a non-alcoholic bar for teens in Roanoke.
At 9:55 p.m., the Mayor declared meeting in recess.
At 11:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that the
three year term of David A. Bowers as a member of the Fifth Planning
District Commission expired on June 30, 1987, and called for nomina-
tions to fill the vacancy.
Mrs. Bowles placed in nomination the name of David A. Bowers.
~
There being no further nominations, Mr. Bowers w~s reelectea~as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 1990, by the following vote:
FOR MR. BOWERS: Council members Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... 6.
(Council member Bowers abstained from voting.)
449
45O
EMERGENCY SERVICES: With the concurrence of Council, the Mayor
advised that he is appointing Council member Elizabeth T. Bowles to
serve on a Valley Planning Committee regarding identification and clean
up of potentially toxic waste sites, pursuant to the Superfund
Amendments and Reauthorization Act of 1986.
AIRPORT: With the concurrence of Council, the Mayor advised that
he is appointing Council member Robert A. Garland to serve as a part of
the bid committee for Airport Capital Improvements, which bids are
scheduled to be opened on August 13, 198/, before the Roanoke Regional
Airport Co~nission.
SPECIAL EVENTS: The Mayor advised that there is a vacancy on the
Special Events Committee created by the expiration of the term of
Sharon S. Watson on June 30, 1987, and called for nominations to fill
the vacancy.
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination the name of Elizabeth A. Muller.
There being no further nominations, Ms. Muller was elected as a
member of the Special Events Committee for a term ending June 30, 1988,
by the fo)lowing vote:
FOR MS. MULLER: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ....... -7.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that there is
a vacancy on the Economic Development Commission created by the expira-
tion of the term of Jane B. Bulbin on June 30, 1987, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Garry C. Davis.
There being no further nominations, Mr. Davis was elected as a
member of the Economic Development Commission for a term ending
Juno 30, 1990, by the following vote:
FOR MR. DAVIS: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ........ -1.
BUILDINGS: The Mayor advised that there is a vacancy on the Board
of Adjustments and Appea)s, Building Code created by the resignation of
J. Oliver Stein for a term ending September 30, 1991, and cal)ed for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Curtis L. Ratliff.
There being no further nominations, Mr. Ratliff was elected as a
member of the Board of Adjustments and Appeals, Building Code, for a
term ending September 30, 1991, by the followiny voter
FOR MR. RATLIFF: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ....... 7.
There being no further business, the Mayor declared the meeting
adjourned at 11:20 p.m.
ATTEST: ~~
City C1 erk
APPROVED
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 24, 1987
2:00 p.m.
451
The Council of the City of Roanoke inet in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 24, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, .Regular
Heetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, James O. Trout, David A. Bowers and Mayor Noel C.
Tayl or ....... 6.
ABSENT: Vice-Mayor Howard E. Musser ..........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Arthur E. Grant,
Pastor, Woodlawn United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
COUNCIL: Mr. Trout offered the following Resolution recognizing
and commending the Honorable Robert A. Garland for twenty-one years of
service as a member of the Roanoke City Council:
(#28?74) A RESOLUTION recognizing and commending the Honorable
Robert A. Garland, Member, City Council, for his twenty-one years of
devoted service to this City and its citizens.
(For full text of Resolution, see Resolution Book No. 50, page 311.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the fo]lowing vote:
AYES: Council members Bowles, Harvey, Musser, Trout, Bowers and
Mayor Taylor ........ ---5.
NAYS: None .............
(Vice-Mayor Musser was absent.) (Council member Garland abstained from
voting.)
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on
Monday, July 13, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
452
ACT[ON:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tay] or .... .6.
NAYS: None ..................
(Vice-Mayor Musser was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of
Robert D. Obey and Garry C. Davis as members of the Economic Develop-
ment Commission for terms of three years each ending June 30, 1990, was
before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
fi]ed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Gar]and, Harvey, Trout, Bowers and
Mayor Taylor ....... -6.
NAYS: None ....... -0.
(Vice-Mayor Musser was absent.)
LIBRARIES: A report of qualification of Elizabeth B. Watts as a
member of the Roanoke Public Library Board for a term of three years
ending June 30, 1990, was before Council.
(See Oath or Affirmation of Office on fi]e in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......... 6.
NAYS: None .......
-0.
(Vice-Mayor Musser was absent.)
BUILDINGS: A report of qualification of Curtis L. Ratliff as a
member of the Board of Adjustments and Appeals, Building Code, for a
term of five years ending September 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES:
Mayor Taylor ........
Council members Bowles, Garland, Harvey, Trout, Bowers and
-6,
NAYS: None ........
(Vice-Mayor Musser was absent.)
O.
PLANNING: A report of qualification of David A. Bowers as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or .......... -6.
NAYS: None .......
O.
(Vice-Mayor Musser was absent.)
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or .......... -6.
NAYS: None ..........
.0.
(Vice-Mayor Musser was absent.)
453
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6550 -
Grant No. 6931 -
$23,424.00 for the Flow Through
Program for additional federal
funds received to provide special
education health services.
$1,000o00 for the Governor's
School. The appropriation repre-
sents a donation to be used for
the purchase of laboratory equip-
ment for the Governor's School.
Grant No. 6933 - $9,560.80 for the Refugee Child-
ren Program to provide English
instruction to non-English
speaking refugee children. The
program is one hundred percent
reimbursed by federal funds.
Grant No. 6934 -
$35,645,00 for the Drug Free
Schools Program for 1987-88 to
provide materials to conduct a
community-wide alcohol and drug
prevention program. The program
is one hundred percent reimbursed
by federal funds.
The School Board further requested appropriation of $221,896.00
for vehicular equipment, noting that the appropriation request repre-
sents the first installment of the Schools' share of the fiscal year
1987-88 Capital Maintenance and Equipment Replacement Fund and the
funds will provide for replacement of eight over age school buses.
(For full text, see communication on file in the City Clerk's Office.)
454
A report of the Director of Finance advising that he has reviewed
the request for appropriation, noting that the Flow Through Grant, the
Governor's School Grant, the Refugee Children Grant, and the Drug Free
Schools Grant are funded with 100 per cent federal funds or donations;
that the communication also requests that $221,896.00 of the School
Board's $907,246.00 Capital Maintenance and Equipment Replacement
Program funding be appropriated for the purchase of eight school buses,
and recommending that Council concur in the requests was before the
body. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28775) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 311.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None ....... O.
(Vice-Mayor Musser was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES: The City Manager submitted a written report
advising that Council requested that he research and recommend an
Employee Suggestion Program which would generate and utilize employee
ideas on improving City operations and service levels; that a work
group was established to review tile request and formulate the specific
program structure which consisted of representatives from the City
Manager's Office, Directorate of Administration and Public Safety,
Office of Management and Budget and Personnel Management; that existing
suggestion programs in both the public and private sectors were
researched and evaluated for applicability to the City; and an opera-
tional policy was developed based upon the review of other existing
program policies, individual research by the work group, and after
review and comment by City administrative staff and program managers.
It was explained that the Employee Suggestion Program encourages
full-time regular employees to submit suggestions on improving City
operations and service levels; that the program provides for monetary
and non-monetary awards to be presented to employees whose ideas are
adopted and implemented, with the basis of monetary awards being ten
per cent of the first year savings generated up to a maximum award of
$2,000.00; that generally, department managers and other City employees
whose job duties are of a management, administrative, research or tech-
nical nature will only be eligible for non-monetary awards; and funding
of monetary awards will be through the departmental operating budget
from which the savings (resulting from the suggestion implementation)
are realized, whenever possible.
It was further explained that the Department of Personnel
Management will be responsible for the daily administration of the
Employee Suggestion Program; that the Office of Management and Budget
Will be responsible for evaluating suggestions with respect to deter-
mining cost savings, feasibility, and assisting with the implemen-
tation, if necessary; and the Public Information Officer will be
responsible for all aspects of internal and external publicity asso-
ciated with the Employee Suggestion Program.
ACTION:
In conclusion, the City Manager advised that the target implemen-
tation date is October 1, 1987; and the program is being publicized in
the following manner:
Internally produced informational brochure and
letter from the City Manager to be mailed to each
employee' s home.
City Corner (employee newsletter) feature article
in September 30, 1987 issue.
Press release to Roanoke Valley media detailing
program on October 1, 1987.
Series of posters to be displayed throughout the
year in employee work areas.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the report. The motion
was seconded by Mr. Bowers and adopted.
ITEMS RECOMMENDED FOR ACTION:
HEALTH DEPARTMENT-PUBLIC ASSISTANCE: The City Manager submitted a
written report in connection with State and Local Hospitalization Plan
Agreements, advising that state-local hospitalization is a plan whereby
the State Department of Social Services and the City of Roanoke agree
to provide hospitalization, outpatient, and/or emergency room service
and outpatient (ambulatory service) to medically indigent citizens of
the City of Roanoke, with 75 per cent of funds reimbursed to the City.
It was explained that provision of these services is accomplished
by the execution of State-Local Hospitalization Plan Agreements between
the providing hospitals, the City of Roanoke, and the State Department
of Social Services; that local health departments are allowed to bill
the State Department of Social Services for outpatient care provided
through their clinics to medically indigent persons; that the City of
Roanoke has entered into previous agreements to allow the local Health
Department to receive State funds for providing outpatient care to
medically indigent citizens; and Council has annually authorized the
City Manager or his designee to execute the agreements.
The City Manager pointed out that State-Local Hospitalization Plan
Agreements have been executed by the various hospitals wishing to par-
ticipate in the program for the year beginning July 1, 1987, and ending
June 30, 1988; that agreements need to be executed by the City of
Roanoke before being approved by the State Department of Social Ser-
vices; that the local Health Department has requested that the City
Manager or his designee sign the State-Local Hospitalization Agreement
for outpatient care for the period beginning July 1, 1987, through
June 30, 1988; that the rates a hospital may charge for services are
established by the Uniform Hospital Cost Accounting System based on
each individual hospital's operational cost; and the hospitals agree to
care for persons admitted, receiving ambulatory surgery, or outpatient
services for the period July 1, 1987, through June 30, 1988, under the
State-Local Hospitalization Plan Agreements at the following all inclu-
sive daily rates:
Hospitai s
Community Hospital
of Roanoke Valley
Gill Memorial Hospital
Lewi s-Gal e Hospital
Ambulatory
I npati ent Su r 9e ri/ Out patient
$ 428.46 $ 291.35 $ 15.00
428.46 291.35 15.00
376.84 256.25 15.00
Medical College of
Virginia
498.35 338.88 15.00
Roanoke Memorial Hospitals 428.46
University of Virginia 498.35
291.35 15.00
338.88 15.00
455
456
ACTION:
ACTION:
ACTION:
Mr. Herbert pointed out that the local Heal th Department is
allowed to bill the State Department of Social Services at an all
inclusive rate of $15.00 per visit for outpatient care.
The City Manager recmnmended that he or his designee be authorized
to execute State-Local Hospitalization Plan Agreements with the par-
ticipating hospitals and the local Health Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the followin9 emergency Ordinance:
(#28776) AN ORDINANCE authorizing the City Manager Lo execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 316.)
Mr. Bowers moved the adoption of the Ordinance.
seconded by Mr. Harvey and lost by the following vote:
The motion was
AYES: Council members Garland, Harvey, Trout and Bowers ........ 4.
NAYS: None ....
O.
(Council member Bowles abstained from voting inasmuch as she serves on
the Board of Directors of Community Hospital.)
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Roanoke Memorial Hospitals.)
(Vice-Mayor Musser was absent.)
Inasmuch as five affirmative votes are required for an ordinance
to pass as an emergency, Mr. Garland moved that the emergency clause be
deleted from Ordinance No. 28776. The motion was seconded by Mr.
Harvey and adopted.
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28776) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 316.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Trout and Bowers ........ 4.
NAYS: None ........
-0.
(Council member Bowles abstained from voting inasmuch as she serves on
the Board of Directors of Community Hospital.)
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors of Roanoke Memorial Hospitals.)
(Vice-Mayor Musser was absent.)
UTILITIES: The City Manager submitted a written report concurring
in a report of a committee composed of the Director of Finance, Budget
Management Analyst, and the Manager of General Services, that objec-
tives in obtaining professional utility invoices auditing services are
as follows:
,!
ACTION:
ACTION:
To provide assurance that the City has been billed
correctly in the past for utility use, and if not,
to provide proper refund(s) or credit(s) to the
City as appropriate.
To provide recommendations on internal control
which the City can use to strengthen its invoice
payment process,
To provide recommendations on how the City can
realize savings on utility bills in the future.
It was explained that utility invoices to be audited will be
electric invoices, telephone invoices and natural gas invoices; that a
request for proposals was distributed and advertised in accordance with
requirements for the procurement of professional services, and propo-
sals were received from Tri-Stem, Inc., Utilities Consultants and II RW
Consulting Engineers; that funding for the professional services will
not be required; that .if the results of the audit are such that a
refund (or credit against future utility invoices) is due to the City,
the selected vendor will be responsible for securing the refund or cre-
dit, and the City will pay the selected vendor an agreed upon percen-
tage of the refund or credit, but only after the City has the refund
"in hand" or has realized the credit; and the City will not be liable
for payment to the selected vendor if no refunds or credits are found
to be due to the City as a result of the audit.
It was noted that proposals were evaluated by City represen-
tatives; and evaluation of the responding proposals revealed that only
one proposal was in accordance with the services specified in the
City's request for proposals, and the City then engaged in discussion
with the only offerer who was deemed fully qualified, responsible and
suitable.
The conm~ittee recommended and the City Manager concurred that
Council accept the proposal of Tri-Stem, Inc., and authorize the
appropriate City officials to enter into a contract in a form approved
by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28777) AN ORDINANCE authorizing the execution of a contract
with Tri-Stem, Inc., to provide utilities invoices auditing services;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 313.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ........ -6.
NAYS: None .......
-0.
(Vice-Mayor Musser was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of July, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
457
458
ACTION:
ACTION:
REPORTS OF COMMITTEES:
AIRPORT: A report of the Roanoke Regional Airport Commission
advising of the desire to relocate the Glide Slope Navigational Aid
serving Runway 33 at Roanoke Regional Airport, which is necessary to
clear the field beside the runway for the proposed new Airport Terminal
Project, was before Council.
It was explained that work would be provided by the Federal
Aviation Administration (FAA) as part of the $2,595,500.00 Phase I
grant project; and the Phase I grant project was to provide land
acquisition, design and initial site grading and clearing and was
funded as follows:
FAA $ 1,902,806.00
State 114,500.00
Local 578,994.00
$ 2,595,500.00
It was further explained tllat the project in question necessitates
the Commission entering into a contract with the FAA for an estimated
amount of $174,821.00; that the Glide Slope would be out of service for
two to three months and, consequently, work should commence in late
spring or early fall so as to be completed prior to the majority of
inclement weather which could be expected this winter; and the matter
was approved by the Roanoke Regional Airport Commission on August 13,
1987.
It was noted that in accordance with the Roanoke Regional Airport
Contract Agreement, effective July 1, 198/, any capital improvement
requiring an expenditure in excess of $100,000.00 requires the approval
of the participating local governments; therefore, Council's approval
is requested prior to entering into the contract with the FAA for the
relocation of the Glide Slope.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28//8) A RESOLUTION approving a certain capital expenditure by
the Roanoke Regional Airport Commission, upon certain rems and con-
ditions.
(For full text of Resolution, see Resolution Book No. 50, page 313.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... -6.
NAYS: None ........
(Vice-Mayor Musser was absent.)
.0.
CITY EMPLOYEES-DIRECTOR OF FINANCE-CITY CLERK: A report of Vice-
Mayor Howard E. Musser, Chairman of the City Council's Personnel
Committee, with regard to disability insurance for certain Council-
appointed officers, was before Council.
Inasmuch as Vice-Mayor Musser was absent, Mr. Harvey moved that
consideration of the report be deferred until the next regular meeting
of Council on Monday, September 14, 198/. The motion was secor~ded by
Mr. Trout and adopted, Council members Trout and Bowers voting no.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ACTION:
ACTION:
ACTION:
459
STREETS AND ALLEYS: Ordinance No. 28763 permanently vacating,
discontinuing and closing that portion of Georgia Avenue, N. E., lying
between Kimball Avenue and the right-of-way line of the Norfolk and
Western Railway Company (Shenandoah Valley line); and that portion
of a certain ten foot alley located in the center of Block 24 of Dean-
wood Terrace, beginning at the intersection of Kimball Avenue, N. E.,
and running in an easterly direction approximately 40 feet to the point
at which said alley was closed, having previously been before the
Council for its first reading on Monday, August 10, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(#28763) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 306.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......... 6.
NAYS: None
(Vice-Mayor Musser was absent.)
-0.
ZONING: Ordinance No. 28764 rezoning certain tracts of land lying
in the northeast section of the City, designated as Official Tax Nos.
3050315, 3050316, 305031/, 3050318, 3050306, 3050201 and a portion of
3050207, containing 2.439 + acres, located between Orange Avenue and
McDowell Avenue, and 9th-~nd 11th Streets, N. E., from HM, Heavy
Manufacturing District, to C-2, General Commercial District, having
previously been before the Council for its first reading on Monday,
August 10, 1987, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(//28764) AN ORDINANCE to amend (}36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 305, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 308.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... 6.
NAYS: None ........
(Vice-Mayor Musser was absent.)
-0.
SEWERS AND STORM DRAINS: Ordinance No. 28771 authorizing the
proper City officials to grant a certain 20' road right-of-way easement
across Falling Creek Reservoir property to Malcolm M. Doubles, having
previously been before the Council for its first reading on Monday,
August 10, 1987, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#28771) AN ORDINANCE authorizing the proper City officials to
grant a certain 20' easement across Falling Creek Reservoir property,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 309.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
46O
ACTION:
AYES: Council mnembers Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ........
NAYS: None .....
(Vice-Mayor Musser was absent.)
APPALACHIAN POWER COMPANY: Ordinance No. 28772 authorizing execu-
tion of an indenture between the City and Appalachian Power Company,
for installation of overhead electrical service in an existing 50 foot
public utility easement to the Advance Auto site in the Roanoke Centre
for Industry and Technology, having previously been before the Council
for its first reading on Monday, August 10, 1987, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#287/2) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 309.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ............... .6.
NAYS: None ......... -0.
(Vice-Mayor Musser was absent.)
STREETS AND ALLEYS-SPECIAL PERMITS: Ordinance No. 28773 granting
a conditional permit for an existing structure encroaching over and
into the right-of-way of Woodland Road, S. E., located adjacent to 2158
Woodland Road, S. E., Official Tax No. 4441007, having previously been
before the Council for its first reading on Monday, August 10, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
ACTION:
ACTION:
(#28773) AN ORDINANCE granting a conditional permit for an
existing structure encroaching over and into the right-of-way of
Woodland Road, S. E., located adjacent to 2158 Woodland Road, S. E.,
Official Tax No. 444100/, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 310.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ........ -6.
NAYS: None .........
(Vice-Mayor Musser was absent.)
VIRGINIA MUNICIPAL LEAGUE: Mr. Trout offered the following reso-
lution endorsing the candidacy of the Honorable Noel C. Taylor, Mayor
of the City of Roanoke, for President of the Virginia Municipal League:
(#28779) A RESOLUTION endorsing the candidacy of the Honorable
Noel C. Taylor, Mayor of the City of Roanoke, for President of the
Virginia Municipal League.
(For full text of Resolution, see Resolution Book No. 50, page 314.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ........... ----6.
NAYS: None ....... -0.
(Vice-Mayor Nusser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
HEALTH (MENTAL HEALTH): The Reverend Clay H. Turner, Pastor, St.
John's Episcopal Church, appeared before Council and advised that he
is speaking on behalf of Nancy S. Canova, Chairman of a Coalition in
Roanoke known as "Make Waves Virginia". He said the Coalition was
formed to help the Virginia Department of Mental Health-Mental Retarda-
tion and Substance Abuse obtain new funding through the State budget to
expand services, advising that the local Coalition is made up of repre-
sentatives from the Association for Retarded Citizens, Roanoke City
Health Department, Mental Health Services of the Roanoke Valley,
Alliance for the Mentally Ill, Tinker Mountain Industries, Virginia
Association of Drug and Alcohol Programs, Roanoke Area Ministries,
Catawba Hospital, and many others. He explained that the Coalition has
banded together to support the Department of Mental Health-Mental
Retardation and Substance Abuse in its request that $78 million be
included in the 1988-90 State budget for expansion of services to the
mentally disabled across the State. He said the funding increase would
provide a start toward reducing the current critical housing and asso-
ciated service needs of the mentally disabled, mandate and fund com-
munity core services, and increase the quality of care in institutions
to nationally accepted standards. He advised that an increase of $78
million in new State funds over the 1988-90 budget period would bring
new funds to the Roanoke Valley in the approximate amounts of $1
million for mental health services, $900,000.00 for mental retardation
services and $600,000.00 for substance abuse services.
Mr. Trout offered the following Resolution:
(#28780) A RESOLUTION requesting the Commonwealth to provide
additional State funding to meet the needs of the mentally disabled and
their families.
(For full text of Resolution, see Resolution Book No. 50, page 315.)
Mr Trout moved the adoption of the R~"J'bl ~''
· . ut~on. The mot4on was
seconded by Mr. Garland and adopted by the following vote:
AYES: Counci] members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... .6.
NAYS: None ......... O.
(Vice-Mayor Musser was absent.)
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mrs. Bowles offered the
following Resolution designating Mayor Noel C. Taylor as the Voting
Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting
Delegate for the Annual Business Session of the Virginia Municipal
League to be held in Alexandria, Virginia on September 21 - 29, 1987:
(#28781) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Virginia
Municipal League and for any meetings of the Urban Section of the
League.
(For full text of Resolution, see Resolution Book No. 50, page 316.)
461
462
ACTION:
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ........ 6.
NAYS: None ..... O.
(Vice-Mayor Musser was absent.)
ACTION:
TRAFFIC-COMPLAINTS: Mr. Joe E. Brown, 1744 20th Street, N. E.,
addressed the matter of cruising on Williamson Road. He said he is
appearing before Council on behalf of a businessman who is interested
in opening a non-alcoholic bar for teenagers in the City, and he would
like for the members of Council to express any concerns they may have
regarding the proposal. He added that he will work with the City
Administration relative to any definite ideas.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Vice-Mayor Musser.
TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY: The Mayor
advised that the two year term of Elizabeth T. Bowles as a member of
the Board of Directors, Total Action Against Poverty, will expire on
August 31, 1987, and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Elizabeth T. Bowles.
There being no further nominations, Mrs. Bowles was reelected as a
member of the Board of Directors, Total Action Against Poverty, for a
term of two years ending August 31, 1989, by the following vote:
FOR MRS. BOWLES: Council members Bowles, Garland, Harvey, Trout,
Bowers and Mayor Taylor ....... -6.
(Vice-Mayor Musser was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:37 p.mo
APPROVED
ATTEST: ~
City C1 erk
Mayo r
463
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 14, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 14, 1987, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
~egular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
James O. Trout, David A. Bowers, Elizabeth T. Bowles and Vice-Mayor Howard E.
Musser .... 6.
ABSENT: Mayor Noel C. Taylor ........
'-1o
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Nicholas Bacalis,
Priest, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of /~erica
was led by Vice-Mayor Musser.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Wil)iamson Road Storm Drain, Phase I - Contract IIA, said bids
to be received by the City Clerk until 4:30 p.m., on Monday,
September 14, 1987, and to be held, opened and read before the Council
at 7:30 p.m., on that date, or as soon thereafter as the matter may be
heard, the Vice-Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Vice-Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Aaron d. Conner General Contractor,
Inc.
Marshall Construction Company, Inc.
E. C. Pace Company, Inc.
R. S. Jones & Associates, Inc.
S. C. Rossi & Company, Inc.
F. L. Showalter, Inc.
Prillaman & Pace, Inc.
$398,987.45
490,897.30
507,334.00
535,486.00
582,665.00
627,691.00
676,490.50
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT: Pursuant to notice
of advertisement for bids for renovations to Garden City Recreation
Center, Lakewood and Staunton Avenue Parks, said bids to be received by
the City Clerk until 4:30 p.m., on Monday, September 14, 1987, and to
be held, opened and read before the Council at 7:30 p.m., on that date,
or as soon thereafter as the matter may be heard, the Vice-Mayor asked
if anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Vice-Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
464
ACTION:
ACTION:
BIDDER
Safe-T-Play, Inc./Brown
Brothers Construction
Construction Services of
Roanoke, Inc.
H & S Construction Co.
Boxley Construction Co.
BID ITEM BID ITEM BID ITEM
NO. ! NO. 2 NO. 3
No Bid $53,635.00 No Bid
$36,551.00 75,138.00 $110,489.00
40,000.00 75,000.00 114,000.00
32,000.00 93,695.00 124,395.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Trout and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and George C. Snead, Jr., as members of the committee.
PUBLIC HEARINGS:
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, September 14, 1987, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of
Williamson Road Masonic Lodge #163, Carson B. Mull and Carson M. Wray,
that an alley running between Oakland Boulevard and Pioneer Road,
N. W., adjacent to tracts of land bearing Official Tax Nos. 2090112,
2090111 and 2090118, approximately 248 feet long by 20 feet wide, be
permanently vacated, discontinued and closed the matter was before the
body. '
Legal advertisement of the public hearing was published in the
morning editions of The Roanoke Times & World-News on Friday,
August 28, 1987, and Friday, September 4, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, based on the following conclusions, was before the
body:
Land is unneeded for the public's use and should
not be allowed to stand idle for a long period of
time classified as undeveloped public rights-of-
way.
Unneeded rights-of-way (streets, alleys, etc.)
should be vacated and the land within returned to
private use and taxed accordingly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28782) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 326.)
The motion was seconded by Mr. Trout.
No person wishing to address Council with regard to the alley
closing request, Ordinance No. 28782 was adopted on first reading by
the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ....... -0.
(Mayor Taylor was absent.)
ACTION:
465
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 14, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Double T
Associates and Blue Ridge Mountains Council, Inc., No. 599, Boy Scouts
of America, that a tract of land located at the southeast corner of
Hershberger Road and Valley View Boulevard, N. W., designated as
Official Tax No. 22/0222, be rezoned from RM-2, Residential Multi-
Family District, and C-2, General Commercial District, to C-1, Office
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of The Roanoke Times & World-News on Friday,
August 28, 1987, and Friday, September 4, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, advising that the proposed use and development of
property will have minimal impact on the existing neighborhood and pro-
tects the area frmn future use changes that could be more intensive,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28783) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Bock No. 50, page 327.)
The motion was seconded by Mrs. Bowles.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 28783 was adopted on first reading by the
following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser .......... ,6.
NAYS: None ....... .0.
'(Mayor Taylor was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 14, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Hayes, Seay,
Mattern & Mattern that Lot 16, Section 6, Exchange Building and
Investment Company Map, Official Tax No. 1030214, located at 361
Allison Avenue, S. W.; Lot 7, Section 6, Exchange Building and Invest-
ment Company Map, Official Tax No. 1030206, located at 360 Walnut
Avenue, S. W.; and a one foot wide portion of Lot 17, Section 6,
Exchange Building and Investment Company Map, designated as a portion
of Official Tax No. 1030215, located at 359 Allison Avenue, S. W., be
rezoned from RM-2, Residential Multi-Family District, to C-1, Office
District, subject to certain proffered conditions, the matter was
before the body,
Legal advertisement of the public hearing was published in the
morning editions of lhe Roanoke Times & World-News on Friday,
August 28, 1987, and Friday, September 4, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
466
ACTION:
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that Hayes, Seay, Mattern & Mattern
is an existing business in the neighborhood which has need for parking
space and future expansion; that given the residential/commercial
history of the area, the subject request, and the vacant lot status of
two of the properties requested for rezoning, it is reasonable that the
zoning be changed to permit commercial use of the properties; and regu-
latory controls are now in place to ensure more compatible development
in the neighborhood, to encourage reuse of structures instead of demo-
lition and to protect the integrity of the historic district was
before Council. '
It was noted that in the past few weeks, City staff, Old South-
west, Inc., and Hayes, Seay, Mattern & Mattern have continued to work
together to reso]ve issues; and Old Southwest and Hayes, Seay,
Mattern & Mattern plan to continue their discussions between the
Commission's hearing and City Council's meeting.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28784) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 328.)
The motion was seconded by Mr. Harvey.
Mr. Marc J. Small, Secretary, Old Southwest, Inc., appeared before
Council and advised that a general meeting was held on September 3
which addressed the issue, and by a vote of 13 for, one against and one
abstention, a resolution was adopted that Old Southwest, Inc., opposes
any further zoning changes or co~nercial expansion in favor of Hayes,
Seay, Mattern & Mattern (HSM&M) westward on either Allison or Walnut
Avenues. He said there have been a number of developments over the
years which have alienated HSM&M from the people in the neighborhood;
that primary concerns are that HSM&M is unwilling to do anything to
police their own employees, they are perceived as being interested in
commercial expansion along the block, and their approach is not one of
compromise, but one of "lets go ahead and get what we want" in favor of
indefinite promises in the future. He stated that the overall sen-
timent of the neighborhood is that it is strongly opposed to any expan-
sion by HSM&M, and he requested that the rezoning be denied, and that
the matter be dropped or referred back to the City Planning Commission
for further investigation.
Mr. Garry C. Davis, President, Old Southwest, Inc., appeared
before Council and made reference to the above resolution adopted by
the organization in opposition to the rezoning.
Mr. James M. Strickland, Partner, and representing Hayes, Seay,
Mattern and Mattern, appeared before Council and advised that the
request is straight forward; that HSM&M has been established on
Franklin Road for over thirty years and would like to remain in that
location; and the new Zoning Ordinance which was adopted earlier in the
year should answer any questions raised by the opposition. He said if
the rezoning is approved, HSM&M will build a parking lot which should
relieve the current parking problem on the streets, and the properties
will be maintained, both inside and outside, at a level which is con-
sistent with a prudent business operation.
Mr. Robert N. Richert, 415 Allison Avenue, S. W., appeared before
Council and raised the question as to why the petition was submitted to
Council a year after a similar petition was submitted and rejected by
the City Planning Department, the City Planning Commission and City
Council. He addressed two issues in which Council must make a deci-
sion: (1) the question of C-2 zoning and what is permitted; and (2)
the question of the impact of the H-2, Historical Overlay District, on
old southwest or any other district. He said HSM&M is requesting that
ACTION:
Council grant a C-2 zoning for the property without any significant
restrictions; that HSM&M has stated that they intend to build a parking
lot, and Mr. Richert advised that he has no doubt that their initial
plan is to build a parking lot, however, if HSM&M tells Council they
will not expand the building, increase the number of employees, put
additional pressure on the neighborhood and deteriorate the quality of
the historical district, they are not telling the truth. He said the
only restriction the H-2 zone will play in their expansion is that the
structure must meet an acceptable standard of neighborhood interface;
that the Architectural Review Board will hear the request and it is
extremely unlikely, after Council has placed its stamp of approval on
the expansion of the structure, that the Board would deny the request.
He said HSM&M did not come to Council with a petition to rezone to C-2
for the purpose of building a parking lot only, but instead they came
for a complete rezoning of all the property, which means they will have
every right to expand their business, add more employees, more parking
requirements and more parking spaces. Mr. Richert presented a petition
signed by approximately 120 property owners on Allison, Walnut and
Woods Avenues, S. W., in opposition to the rezoning.
Mr. Harvey raised the question of imposing a one or two hour
parking limitation on the 300 blocks of Walnut and Allison Avenues;
whereupon, the City Attorney advised that parking limits may be imposed
by the City ~nager pursuant to provisions of the City Charter.
Mrs. Kinzer Otterman, 601 Allison Avenue, S. W., appeared before
Council and advised that she would be opposed to limiting parking on
the streets, noting that many homes do not have driveways.
Mr. Davis again appeared before Council and advised that it would
be proper to have HSM&M restate their commitment to build a parking lot
on 361 and 359 Allison Avenue; that Council consider the possibility of
rezoning the property conditionally for a parking lot, and also state
that it is an exception to Roanoke Vision; that Council state specifi-
cally the desire for less C-1; that there be no further commercial
encroachment on the west side of Franklin Road; and that Council commit
to the spirit and intent of the H-2, Historical Overlay District, when
the time comes for enforcement.
Following considerable discussion of the request for rezoning,
Ordinance No. 28784 was adopted on first reading by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ .6.
NAYS: None .........
(Mayor Taylor was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 14, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke regarding proposed amendments to Chapter 36.1, Zoning, Sections
36.1-164 and 36.1-165, and adoption of a new Section 36.1-174, of the
Code of the City of Roanoke (1979), as amended, amending regulations
pertaining to the CN, Neighborhood Commercial District, in order to
provide for neighborhood shopping centers in such district and other-
wise to amend such regulations, the matter was before the body.
A report of the City Planning Commission requesting that con-
sideration of the matter be tabled and rescheduled for Monday,
October 12, 1987, at 7:30 p.m., was before Council.
(For full text, see report on file in the City ClerkIs Office.)
Mr. Trout moved that Council concur in the request of the City
Planning Commission and that the public hearing be rescheduled for
Monday, October 12, 1987, at 7:30 p.m. The motion was seconded by Mr.
Garland and adopted.
467
468
CONSENT AGENDA:
ACTION:
ACTION:
ACTION:
Tt)e Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the roms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters, two mat-
ters relating to the disposition of publicly held property, and a
matter relating to the disposition of publicly owned property.
MINUTES: Minutes of the regular meetings of Council held on
Monday, July 27, 1987, and Monday, Auuust 10, 1987, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ ---6.
NAYS: None .........
(Mayor Taylor was absent.)
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the
Vice-Mayor to convene in Executive Session to discuss personnel mat-
ters, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
roi]owing vote:
AYES: Council members Gar)and, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ......... .6.
NAYS: None ............
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the disposition of publicly
held property, pursuant to Section 2.1-344 (al (2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ......... .6.
NAYS: None .......
(Mayor Taylor was absent.)
ACT[ON:
ACTION:
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the disposition of publicly
held property, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the disposition of publicly held property, pursuant to Section 2.1-344
(a) (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser .... 6.
NAYS: None ...............
(Mayor Taylor was absent.)
STATE HIGHWAYS: The City Manager submitted a written report
advising that the Governor's Commission on Transportation in the 21st
Century has been continuing its work beyond its initial recommendations
for funding the highway and port, and airport programs which received
significant publicity a year ago; and the Commission has been con-
centrating on two important items, one is helping localities obtain
additional financial resources to meet local transportation needs, and
the second is a review of state transportation office and local govern-
ment relations.
Mr. Herbert advised that the local transportation financing
options subcommittee of the Commission on Transportation in the 21st
Century will conduct a public hearing on Wednesday, September 23, 1987,
and recommended that he be authorized to take the following actions:
"Endorse the Virginia Municipal League's position on
the subcommittee's work which reads as follows:
"No single one of these options would
help all localities, therefore, the VML
supports adoption of a package of local
options to provide each local government
the ability to use a combination of
options to best address its unique
needs."
That we take an additional position with the sub-
committee that a central city, such as Roanoke,
with a substantial investment both public and pri-
vate, in the downtown area, considers parking to be
a critical transportation issue along with roads
and airports. We urge a recognition of this fact
and hope that whatever revenue options the General
Assembly ultimately passes provides the opportunity
for localities to address parking needs alon~ with
other transportation needs.
The City Manager or his designee be authorized to
present these two positions at the subcommittee
meeting on Wednesday, September 23, 1987, in
Richmond."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and adopted by
the following vote:
469
470
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........................... 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
OFFICE ON YOUTH: A report of qualification of Robert J. Ingram,
Jr., J. William Stephens and Vellna Self as members of the Youth
Services Citizen Board, for terms of three years each, ending May 31
1990, was before Council. '
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None ............. -0.
(Mayor Taylor was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Anne B.
Macfarlane and Eugenia L. Taubman as members of the Roanoke Arts
Commission for terms of three years each, ending June 30 1990, was
before Council. '
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ 6.
NAYS: None .........
O®
(Mayor Taylor was absent.)
HUMAN RESOURCES: A report of qualification of Diane H. Stavola as
a member of the Advisory Board of Human Resources for a term of four
years, ending November 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
~YES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... .6.
NAYS: None
Oe
(Mayor Taylor was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
August 24, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
471
AYES: Council members Garland, Harvey, Trout, Bowers, Bowies and
Vice-Mayor Musser ....... 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
COUNCIL: An oral request of the City Manager that Council meet in
Executive Session to discuss a matter of publicly owned property, pur-
suant to Section 2.1-344 (al (2), Code of Virginia (1950), as amended,
was before the body.
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter of publicly
owned property, pursuant to Section 2.1-344 (al (2), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ............... 6.
NAYS: None ........... O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY MARKET-PARKS AND PLAYGROUNDS-CELEBRATIONS: Mr. Jerry
Clevenger, Director, Samaritan Inn, appeared before Council and made an
oral presentation in opposition to the serving and consuming of alcoho-
lic beverages at activities on the City Market and Festival-in-the-
Park.
(For full text of presentation, see verbatim transcript on file in the
City Clerk's Office.)
Mr. Garland moved that Mr. Cleven§er's remarks be referred to the
City Manager and the Special Events Committee for their information.
The motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SHERIFF-JAIL: A report from W. Alvin Hudson, City Sheriff,
with regard to additional jail staffing, was before Council.
The Sheriff advised that the new Roanoke City Jail facility was
completed and occupied in June, 1979, with a rated inmate capacity of
163, with 209 available beds, and jail staff level at 77 personnel;
that an addition to the jail facility which was completed in February,
1987, increased the rated inmate capacity of the facility to 236, with
an additional 100 beds for a total of 309 available beds; that inmate
population has increased from 162 (June, 1979) to almost 300 inmates at
times on weekends, with the average daily population for fiscal year
1986-87 at 244; and the jail personnel staff level was set at 77 posi-
tions when the facility was occupied in June, 1979, and this level pre-
sently totals 81, an increase of only four positions.
It was explained that staff studies for jail personnel were
recently conducted separately by members of the Department of Correc-
tions, Adult Community Facilities, Roanoke City Sheriff's Department
and the Department of Criminal Justice Services, which studies indi-
cated a need for additional jail staff ranging from 15 to 32 positions;
that a request for 26 additional staff positions was made by the City
Sheriff to the State Compensation Board for funding in fiscal year
1987-88, which request was not approved in the July 1, 1987, State
budget package, and a notice of appeal was filed with the Board on
July 2, 1987; and 11 staff positions were approved by the State
Compensation Board on August 12, 1987, which included ten Deputy
Sheriff positions and one Cook, as a result of the Sheriff's appeal.
472
ACTION:
ACTION:
The Sheriff recommended that Council approve the hiring of 11
additional jail staff positions; appropriate $162,476,00 to the follow-
ing accounts; and increase the revenue estimate from the Commonwealth
of Virginia, Account No, 001-020-1234-0651, in the amount of
$162,476.00.
Salaries 001-024-3310-1002 $130,962.00
VSRS (Retirement) 001-024-3310-1110 15,166.00
F [CA 001-024-3310-1120 9,679. O0
BC/BS 001-024-3310-1125 5,346.00
Life Insurance 001-024-3310-1130 1,323.00
Total $162,476.00
A report of the City Manager concurring in the request of the
Sheriff, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28785) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 317.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser- .6.
NAYS: None .................. O.
(Mayor Taylor was absent.)
Mr. Garland moved that the report of the City Manager be received
and filed. T!le motion was seconded by Mr. Bowers and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACT[ON:
C & P TELEPHONE COMPANY-UTILITIES: The City Manager submitted a
written report advising that Miss Utility of Virginia is a one cal]
underground location service located in Richmond, Virginia, and has
provided service to the City of Roanoke and other utility companies in
the Valley since February 1, 1983; that Miss Utility of Virginia is
operated and managed by Chesapeake and Potomac Telephone of Virginia;
that Judge Harold Greene, U. S. District Court, ruled in March of 1987
that Northwestern Bell could not operate a one call system; and this
decision filtered do~./n Lo all oiie call systems affecting C & P's
management of Miss Utility.
It was explained that One Number Information Systems, Inc., was
selected by members of Miss Utility on July 8, 1987, to be the new
operator of the underground location service; that the City of Roanoke
will need to sign a new contractual agreement with One Number Informa-
tion Systems, Inc., as a participating member to receive services; and
cost under the previous contract for fiscal year 1986-87 was $3,294.90.
The City Manager recemmended that he be authorized to enter into a
contractual agreement on behalf of the City, in a form approved by the
City Attorney, with One Number Information System, Inc., as a member of
Miss Utility of Virginia to provide a one call system.
(For full text, see report on file in the City Clerk's Office.)
473
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28786) AN ORDINANCE authorizing the execution of a contract
with One Number Information Systems, Inc., to provide one call under-
ground utility location service; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 318.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
HOUSING: The City Manager submitted a written report advising
that the Virginia Housing Development Authority (VHDA) makes loans at
below-market interest rates for home purchase, construction or purchase
and repair to families with income generally in the $12,000.00 -
$35,000.00 range; that the Urban Preservation and Infill Program, spe-
cifically designed for older neighborhoods, was begun by VHDA in the
spring of 1981; that VHDA has regularly made allocations of these loan
funds for older areas of Roanoke since 1981; and no funds come directly
to the City from the program, which is administered by local con~ercial
lenders.
It was explained that home ownership, rehabilitation and new
construction in Roanoke's older neighborhoods have been enhanced
through past VHDA allocations; that VHDA has offered the City an addi-
tional allocation of $400,000.00 at an initial interest rate of 9.25%
to be loaned in "Targeted Areas"; that this interest rate may be
adjusted periodically to reflect changes in commercial lending rates;
that the allocation is effective through September 3, 1988; and loan
applications are received and processed by private financial agents,
selected for each allocation on a rotating basis.
The City Manager recommended that he be authorized to execute the
commitment agreement with VHDA for $400,000.00 in home purchase loan
funds in areas shown on Attachment B of the report, and select finan-
cial agents to service the loans according to past practice of rota-
tion.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#28787) A RESOLUTION authorizing the execution of an agreement
with the Virginia Housing Development Authority providing for an allo-
cation of a total of $400,000.00 in mortgage financing for certain
areas of the City, and authorizing certain other actions relating
thereto.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 319.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... .6.
NAYS: None ...............
(Mayor Taylor was absent.)
BUDGET-LIBRARIES-GRANTS: The City Manager submitted a written
report advising that a Library Services and Construction Act (LSCA)
Title I Special Project Grant for $60,000.00 has been awarded to the
Roanoke City Public Library by the Virginia State Library; that the
special project category under which the Library applied for the grant
was for "improving access to public library resources and services for
474
ACTION:
ACTION:
the least served populations in the State including programs for indi-
viduals with handicapped conditions, and programs and projects in urban
and rural areas"; and the Roanoke City Library is a sub-regional
library for the blind and physically handicapped serving population of
the Fifth Planning District.
It was explained that a recreational vehicle was purchased in 1974
with a federal grant and conwrted into a bookmobile, to provide
library service to Craig County and to the portion of the City's popu-
lation that do not have easy access to regular library services at the
Central Library or its branches because of their place of residence or
physical disability; and the Extension Department of the Library,
throu§h use of the bookmobile, is responsible for service to the
following areas:
Craig County,
Nine nursing homes and retirement complexes, and
Twenty-seven home-bound patrons in the City of Roanoke.
It was further explained that the current bookmobile has no easy
access for the physically disabled and is chronically in need of major
repairs; that the grant, which must be expended by June 1, 1988, must
be used to purchase a specially equipped bookmobile to accommodate
physically-disabled patrons; and the Library Administration recommends
that the $60,000.00 be used to purchase a new bookmobile which is spe-
cially equipped with a wheelchair lift to replace the current book-
mobile.
The City Manager recommended that Council accept the Library
Services and Construction Title I Act Grant, in the amount of
$60,000.00; that funds be appropriated to the Library Budget for fiscal
year lg87-88, $60,000.00 to Vehicular Equipment, Account No. 001-054-
7310-9010; that a revenue estimate be established of $60,000.00 for the
LSCA Title I Grant; and that the City Manager or his designee be
authorized to execute the necessary documents accepting the grant for
the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28788)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 319.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None -0.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following Resolution:
(#28789) A RESOLUTION accepting a Library Services and
Construction Act Title I Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 320.}
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... -6.
NAYS: None .0.
(Mayor Tayl or was absent.)
ACTION:
CITY EMPLOYEES-FIRE DEPARTMENT-POLICE DEPARTMENT: The City
Manager submitted a written report advising that by Resolution No.
4748, Council established a policy for payment of regular salaries in
lieu of other compensation paid by the City to employees of the Police
and Fire Departments absent from duty due to line-of-duty injuries not
to exceed sixty days, however, Council may consider paying the employee
injured in the line of duty for additional time absent from their regu-
lar duty, but in no event will payment be made until authorized by the
Council; that Section 65.1-47-1 of the Workers' Compensation Act
creates the presumption that heart disease or hypertension of fire-
fighters or police officers and lung disease in firefighters only is
job related; and Workers' Compensation Personnel Operating Procedure
No. 4 was first promulgated in October, 1979, and did not address the
issue of occupational disease because the City of Roanoke had not
experienced any heart, hypertension, or lung claims.
It was explained that Personnel Operating Procedure No. 4 was
revised in June, 1984, to reflect the City's intent that supplemental
pay (the difference between the Workers' Compensation pay and the indi-
vidual's regular earnings) would be received by employees suffering
bodily injuries in the line of duty only; and the following public
safety employees have suffered heart attacks and were covered by
Workers' Compensation:
Firefighter Curtis Roberts
Firefighter Clarence Brown
Senior Police Officer William Ralston
July 19, 1986
December 29, 1985
August 17, 1986
The City Manager pointed out that Personnel Operating Procedure
No. 4 was further revised on March 19, 1987, to eliminate any ambiguity
and to clearly indicate the Special Supplemental Pay Benefit
provided police officers and firefighters injured in the linehas no
application to ordinary diseases of life such as heart attacks; that on
March 26, 1987, the Personnel and Employment Practices Commission found
in favor of Firefighter Curtis Roberts regarding availability of
supplementary pay benefits for heart disease under P.O.P. No. 4; that
the Personnel and Employment Practices Commission did not consider
amended Personnel Operating Procedure No. 4 because the amendment came
after Firefighter Roberts' heart attack; that Firefighter Roberts
returned to duty on November 24, 1986; that Firefighter Clarence Brown
returned to duty on March 11, 1986; that Senior Police Officer William
Ralston underwent by-pass surgery and has not returned to duty; and
Council authorization is required for supplm~ental pay benefits beyond
60 days for Firefighters Roberts and Brown and Senior Police Officer
Ralston.
The City Manager recemmended that Council authorize retroactive
supplemental pay benefits for Firefighters Roberts, Brown and Senior
Police Officer Ralston for the periods exceeding 60 days.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28790) A RESOLUTION extending the supplemental pay benefits
provided for by Resolution No. 4748 for certain public safety
employees.
(For full text of Resolution, see Resolution Book No. 50, page 320.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... 6.
NAYS: None .........
(Mayor Taylor was absent.)
475
476
ACT[ON:
ACT[ON:
BUDGET-FLOODS-BONDS-BRIDGES: The City Manager submitted a written
report advising that on September 1, 1987, the City of Roanoke received
$589,378.00 from the State Department of Emergency Services as partial
reimbursement for flood damage claims; and partial payment received was
deposited in the General Fund Revenue Account No. R001-020-1234-0856
(Flood of '85).
The City Mana§er further advised that $369,799.00 of the
$589,378.00 which was received had been previously appropriated and
accounts receivable were established; that $18,607.00 was received in
excess of monies set up as a receivable on the Mason Mill Bridge pro-
ject and needs to be repaid to the 1985 Bond Issue for streets and
bridges; and $200,972.00 needs to be appropriated and transferred to
the Capital Fund for various flood activity accounts.
Mason Mill Bridge
$313,685.00
a. Federal-Receivable (Acct. 008-1147) $288,516.00
b. State-Receivable (Acct. 008-1164) 6,562.00
c. 1985 Bond Issue (Acct. 008-052-9577-9181) 18,607.00
Wise Avenue Pedestrian Bridge
$ 74,721.00
a. Federal-Receivable (Acct. 008-1148) $ 56,041.00
b. State-Receivable (Acct. 008-1155) 18,680.00
Capital - Flood of '85 (Acct. 0080002-9574-9003)
200,9/2.00
$589,378.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28791) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 321.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ....... O.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-HOUSING: The Director of Finance having previously placed
a report on the agenda with regard to program income received from the
Roanoke Redevelopment and Housing Authority and other sources of
program income, Mr. Schlanger requested that the report be deferred
until the next regular meeting of Council.
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mr. Garland and adopted.
BUDGET-REFUSE COLLECTION: The Director of Finance submitted a
written report advising that Council approved Resolution No. 28690 on
April 27, 1987, designating the Clean Valley Committee, Inc., to deve-
lop a coordinated litter control program for the Roanoke Valley; that
the committee was authorized to apply for certain grant funds from the
Commonwealth of Virginia for the operation of the program; that the
application was approved in the amount of $8,101.00; that Resolution
No. 28620 provided for the immediate transfer of funds to the Clean
Valley Committee upon receipt; that State funding of $8,101.00 was
received by the City on August 27, 1987; and recommending that Council
appropriate $8,101.00 in litter control funds in order that said funds
may be transferred to the Clean Valley Committee.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
477
Mr. Bowers offered tile following emergency budget Ordinance:
(#28792) AN ORDINANCE to anend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 322.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser .......... -6.
NAYS: None .........
O®
(Mayor Taylor was absent.)
CITY ATTORNEY:
PLANNING: The City Attorney submitted a written report advising
that soon after its opinion in First English Evangelical Lutheran
Church v. Los Angeles Count~, which was the subject of a recent report
~rom his office to Council, the United States Supreme Court announced
its decision in its second important land use case of its 1986-8/ term,
Nollan v. California Coastal Commission; and as with the Court's first
case, Mr. Dibling said he does not believe that the Nollan case will
pose any particular hardship for Virginia local governments, even
though the result was not the one sought by the governmental agency
involved.
Mr. Dibling said the facts of the case are rather simple; that the
California Coastal Commission granted a permit to the Nollans to
replace a small bungalow on their beachfront lot with a larger house,
upon the condition that they allow the public an easement to pass along
their beach, which was located between two public beaches; that the
condition was not an unusual one, and, in fact, all of the 43 other
beachfront lots along the same tract of land that had obtained coastal
development permits from the Commission were subject to the same con-
dition.
It was explained that the Nollans challenged the condition to this
permit and argued, among other theories, that their property rights
were being taken unconstitutionally by the Commission's actions; and
the case eventually was heard by the California Court of Appeals, which
ruled that the imposition of the condition in question by the Commis-
sion did not violate the Takings Clause of the Fifth Amendment of the
United States Constitution, as incorporated against the States by the
Fourteenth Amendment.
It was further explained that on appeal, the Supreme Court
reversed the California Court of Appeal, by a 5 - 4 vote in which
former Justice Lewis F. Powell provided the pivotal vote for the
majority; that the majority stated that there would have been a clear
"taking" if the Nollans had been required to make an easement across
their beachfront available to the public on a permanent basis simply in
order to increase public access to the beach, rather than conditioning
their permit to rebuild or their agreeing to do so; however, even con-
ditioning the permit on granting such an easement would be permissible,
the Court states, if it would substantially further some governmental
purpose that otherwise would justify denial of the permit; and govern-
ment's power to forbid particular land uses in order to advance some
legitimate police purpose includes the power to condition such use upon
some concession of the owner, even a concession of property rights, the
Court says, so long as the condition furthers the same governmental
purpose advanced as justification for prohibiting the use.
Mr. Dibling advised that in the Nollan case, the Court held that
the Commission's imposition of the beac--~ access easement condition can-
not be treated as a reasonable exercise of its land use regulatory
power since the condition does not directly serve public purposes
related to the permit requirement; that in fact, the Court likens the
478
ACTION:
requirement of the condition to "an out-and-out plan of extortion"
under the circumstances; that the Court rejected all of the "public
purposes" advanced by the Commission to justify its condition, finding
them ali to be so indirectly related to the Nollan's rebuilding of
their bungalow so as to require the StaLe to pay them compensation for
the desired easement, if it were to be insisted upon.
The City Attorney pointed out that the Court did reiterate its
long-standing view that police powers of the states encompass the
authority to impose conditions on private development that are
rationally related to achieving the states' objectives; that one of
the cases cited by tile Court in Nollan for this position is S. M.
Goreib v. Charles D. Fox, et al, Members of Cit~ Council of Roanoke,
Virginia, et al., in which the United States Supreme Court held that a
Roanoke ordinance requiring lot owners, when constructing new
buildings, to set them back a reasonable distance from the street lines
of their lots, may have substantial relation to the public safety,
health, morals, and general welfare, and not being clearly arbitrary or
unreasonable, did not constitute an unconstitutional deprivation of
property.
The City Attorney noted that the City has no coastal development
permit program that will be directly affected by the Nollan decision,
but the case does have a.direct bearing on the City's-lan-~se regula-
tory programs, especially in the areas of subdivision, site plan and
zoning reviews; that fortunately, Virginia courts, quite unlike
California State courts, have always taken a rather cautious approach
to the exercise of governmental land use powers, and, in fact, in
Nollan, the Supreme Court cited the Virginia case of Board of Super-
visors of James City County v. Rowe, in support of its decision.
Mr. Diblin9 advised that in Virginia's Rowe case, the issue before
the Supreme Court was whether a local governing body has the power to
enact a zoning ordinance that requires individual landowners, as a con-
dition to the right to develop their parcels, to dedicate a portion of
their property for the purpose of providing a service road, the need
for which is substantially generated by public traffic demands rather
than by the proposed development, and to construct such road to State
standards at their own expense; that the Virginia Supreme Court held
that Virginia enabling legislation did not delegate such power, and
Article I, §11 of the Constitution of Virginia, which provides "that
the General Assembly shall not pass any law...whereby private property
shall be taken or damaged for public uses, without just compensation"
would prohibit the enactment of such an ordinance; that also at issue
in Rowe was a provision of the county zoning ordinance requiring a
?5-foot'front setback for all buildings in a "Business Tourist Entry
District", which, along with other restrictions on building area, ren-
dered undevelopable some 16.78 acres, or about 29 per cent of the
plaintiff's land, worth almost two million dollars; and the Court found
this restriction to be unreasonable, bearing no substantial relation-
ship to the public health, safety or welfare.
In concluding, the City Attorney advised that because Virginia's
enabling legislation in the area of land use is rather limited, because
of the applicability of the Dillon Rule in Virginia, and because of
Virginia judicial decisions such as the Rowe case, it is his opinion
that a "taking" such as was found to have occurred in California in the
Nollan case is much less likely to occur in Virginia; that neverthe-
less, the "taking" issue is one to which all governmental entities
involved in land use regulation will have to continue to be sensitive
and he anticipates that further litigation will be forthcoming that
will "flesh out" the applicability of the Nollan decision.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was adopted by Mr. Garland and adopted.
REPORTS OF COMMITTEES:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Council member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
improvements to Shrine Hill Park Tennis Courts, presented a written
report on behalf of the committee, reco~nending that Council reject the
only bid received from S. R. Draper Paving Company to perform all of
the work included in the Base Bid, in the amount of $26,066.20.
It was explained that the need to improve the tennis courts for
use by the community would not be addressed during the current calendar
year, however, the use of the outdoor tennis courts gradually decreases
starting in October of each year; that the amount of the low bid is
much higher than the project cost estimate of $17,000.00, and in light
of the fact that only one bid was received, this amount is not accep-
table; that timing for completion of the subject project would be
extended by approximately six months; and upon rejection of the bid,
the City will readvertise the project in October, 1987.
A report of the City Manager concurring in the recommendation of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(//28793) A RESOLUTION rejecting all bids for improvements to
Shrine Hill Park tennis courts.
(For full text of Resolution, see Resolution Book No. 50, page 323.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None .......
'=0.
(Mayor Taylor was absent.)
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of
the Audit Committee, presented the annual report containing the
following summary of activities for the year:
Reviewed and concurred with the annual plan pre-
sented by Peat Marwick.
Reviewed and concurred with the Municipal Auditor's
annual audit plan.
Reviewed the independent accountant's report with
representatives from Peat Marwick and City offi-
cials.
Reviewed the internal audit reports with the
Municipal Auditor and City officials.
Advised the Council on actions needed to implement
the matters considered at the committee's meetings.
Furnished a copy of the minutes of each committee
meeting to City Council and City officials.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was adopted by Mr. Trout and adopted.
The
CITY EMPLOYEES-DIRECTOR OF FINANCE-CITY CLERK: A report of the
Personnel Committee with regard to disability insurance for Council
appointed officers, was before the body.
479
480
ACTION:
Vice-Mayor Musser, Chairman of the committee, requested that con-
sideration of the report be deferred; whereupon, Mr. Trout moved that
the request be granted. The motion was seconded by Mr. Garland and
adopted.
AIRPORT: A written report of tile Roanoke Regional Airport Commis-
sion in connection with Federal and State grants for Roanoke Regional
Airport, was before Council.
It was explained that Council authorized a contract with Delta
Associates, P. E., in the amount of $146,000.00, for conceptual engi-
neering and architectural services for the terminal building on
January ?, 1985, with the actual cost incurred at $143,583.37; and
Amendment No. I to the contract with Delta was approved on May 21,
1986, in the amount of $941,300.00 for design of the new terminal
building and related facilities; that Federal Aviation Administration
and Virginia Department of Aviation grants have been received, in the
amount of $1,902,006.00 and $114,500.00, from the Virginia Aviation
Special Fund for terminal develoi~nent and facilities, engineering and
design, land acquisition and site preparation.
It was further explained that FAA funding status for air carrier
terminal development to date is:
grant of $1.9 million has been approved,
tentative allocation of $2,298,733.00 has been
approved, and
approximately $4.8 million in grants Lo be reques-
ted during terminal development.
It was noted that the Virginia State Aviation Board has approved
Commonwealth Airport funds, in the amount of $6,093,571.00, over two
bienniums for air carrier terminal development, and the status of the
funding is:
1987-88 tentative allocation of $2,539,770.00 has
been approved,
1988-89 allocation of $2,343,571.00 subject to
General Assembly appropriation, and
1989-90 allocation of $1,210,230.00 subject to
General Assembly appropriation.
It was explained that Roanoke City Council authorized the City
Manager on June 9, 1986, to execute State and Federal grant applica-
tions, documents and agreements relating to the airport terminal deve-
lopment project, pursuant to Ordinance No. 28173; that the Roanoke
Regional Airport Commission on April 15, 1987, authorized the Chairman
of the Commission to execute necessary Federal and State documents in
support of the airport terminal development project; and a tentative
allocation of $2,198,733.00 has been received from the FAA, which funds
must be accepted by the execution of a formal grant agreement by
September 30, 198/.
It was advised that City Council and the Roanoke County Board of
Supervisors need to approve the above described proposed capital expen-
ditures related to the terminal development project, which exceed
$100,000.00 and which will benefit five or more future accounting
periods under Section 17(b) of the Roanoke Regional Airport Commission
contract.
The Commission recommended that the Roanoke City Council and the
Roanoke County Board of Supervisors approve execution by the Roanoke
Regional Airport Commission of all grant agreements made by the FAA and
Virginia Department of Aviation and accompanying capital expenditures
related to the terminal development project, in accordance with the
Roanoke Regional Airport Commission contract.
(For full text, see report on file in the City Clerk's Office.)
481
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#28794) A RESOLUTION approving certain capital expenditures by
the Roanoke Regional Airport Commission, upon certain terms and con-
ditions.
(For full text of Resolution, see Resolution Book No. 50, page 323.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ........ 6.
NAYS: None ........................
-0.
(Mayor Taylor was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HEALTH DEPARTMENT: Ordinance No. 28776 authorizing the City
Manager to execute State-Local Hospitalization Plan Agreements with
the State Department of Social Services, certain hospitals and the City
Health Department, to provide for in-patient, ambulatory surgery, and
out-patient care and treatment for certain indigent citizens at certain
rates, having previously been before the Council for its first reading
on Monday, August 24, 1987, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#28776) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 316.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Garland and Vice-
Mayor Husser ................. 5.
NAYS: None ...............
-0.
(Mayor Taylor was absent.) (Council member Bowles abstained from
voting inasmuch as she serves on the Board of Directors of Community
Hospi La1 .)
NATIONAL LEAGUE OF CITIES-COUNCIL: Mr. Harvey offered the
following resolution designating Mayor Noel C. Taylor and Vice-Mayor
Howard E. Musser, as Voting Delegate and Alternate Voting Delegate,
respectively, for the Annual Business Session of the Congress of Cities
to be held in Las Vegas, Nevada, on December 12 - 16, 1987:
(#28795) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Congress of
Cities.
(For full text of Resolution, see Resolution Book No. 50, page 324.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............ 6.
NAYS: None ............
.0.
(Mayor Taylor was absent.)
482
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
POLICE DEPARTMENT-WATER DEPARTMENT: Vice-Mayor Musser requested
that the City Manager report to Council at its next regular meeting
with regard to the status of security police officers at Carvins Cove.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:45 p.m., the Vice-Mayor declared the meeting in recess.
At 10:45 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Mayor Taylor.
INDUSTRIES: The City Manager submitted a written report advising
that the City owns approximately 20 acres of land zoned light manufac-
turing in the northeast section of the City located off of Berkley
Road; that the land has appeared in all of the Roanoke City Economic
Development Commission master plans as a piece of property that the
City should market for industrial purposes; that the Tultex Corporation
has recently sold its buildings at Sixth Street and Luck Avenue, S. W.,
to Twin Cities Corporation located in Winston-Salem, North Carolina;
that Twin Cities, which has already hired approximately 100 people, is
dying cloth for third party contracts, with the sale of these facili-
ties making it necessary for Tultex to find a new location for its
sewing operation; and Tu]tex Corporation, because of its commitment to
its existing employees, has a desire to find a site in Roanoke before
looking elsewhere.
It was explained that a 90 day option has been requested by Tultex
Corporation on approximately 10.3 acres of land, being an as yet unsub-
divided portion of Official Tax No. 7050107, in the site that the City
owns off of Berkley Road; that Tultex intends to build an approximately
50,000 square foot facility which would initially employ 200 people and
is expected to eventually employ in excess of 400 people; and a 90 day
option is desired by Tultex in order to fully investigate the develop-
ment costs of the proposed site.
The City Manager advised that the main components of the proposed
option are as follows:
"Price.
acre.
Sale of land would be for $5,000.00 per
Term. Option would be for 90 days.
Closure time. Option would give Tultex 180 days to
close on the property from the time the option is
exerci sed.
King Street components. Option would commit the
City to making King Street adequate to serve the
proposed development prior to opening of the plant
if Tultex exercises the option. It is not antici-
pated that such will require significant or costly
improvement s,
Purchase or condemn right-of-way for new access.
Exercising the option would commit the City to
constructing a public road to the proposed property
from King Street. This project should be eligible
for industrial access funds since Tultex is a manu-
facturer.
Utility expenditures. Exercising the option will
require the City to extend water and sewer lines to
the property line, prior to the opening of the
plant."
ACTION:
ACTION:
The City M~nager recommended that he be authorized to execute a
90-day option with Tultex Corporation for an approximately 10.3 acre
piece of property owned by the City of Roanoke; that he be further
authorized to proceed on taking all necessary and appropriate actions,
including condemnation, to acquire a 60 foot wide right-of-way for fair
market value as determined by the City from King Street through a com-
bination of Official Tax Nos. 7050105, 7050103, and 7050102, to the
property for sale.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28796) AN ORDINANCE providing for the acquisition of certain
land needed for the construction of necessary public rights-of-way;
authorizing the City Manager to determine to a certain limit the con-
sideration to be offered for such land; providing for the acquisition
of such land by condemnation, if necessary; authorizing a motion for
the award of a right of entry onto the subject land for the purpose of
commencing construction of the needed right-of-way; and directing the
giving of notice of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 50, page 330.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Garland, Harvey, Trout, Bowers, Bowles and
Vice-Mayor Musser ....... _ ........ 6.
NAYS: None .......
Oe
(Mayor Taylor was absent.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(~28797) AN ORDINANCE authorizing the execution of an option for
the sale of an approximately 10.3 acre portion of Official Tax No.
7050107; and authorizing the execution of the requisite deed and plat
of subdivision for conveying such property.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ 6.
NAYS: None .......
-0.
(Mayor Taylor was absent.)
INDUSTRIES: The City Manager submitted a written report advising
that QCI Corporation, a manufacturer of electronic components, has
requested an option on approximately 20.8 acres in the City's Roanoke
Centre for Industry and Technology; that the approximately 20.8 acre
site is located in an area referred to as "Area 8" on the Roanoke
Centre master map; and QCI Corporation, if it exercises the option,
would be constructing initially, approximately a 60,000 square foot
manufacturing facility in Phase I, which would employ at least 150
people and, with equipment, would have an investment of approximately
$10 million.
It was explained that the conditions of the option are as follows:
"Option is for 90 days.
Sale price of the 20.8 acres is $250,000.00.
483
484
ACTION:
ACTION:
City must construct a public road, approximately
825 feet in length and 30 feet in width along the
eastern boundary of the property. QCI Corporation
will pay for curb and 9utter, lighting and land-
scapin9 along the road.
City would install a 12 inch water line within the
public street.
City would construct sanitary sewer facilities suf-
ficient to serve the facility which will include a
pump station."
The City Manager recommended that he be authorized to enter into
an option with QC! Corporation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the followin9 Ordinance be placed upon its
first reading:
(#28798) AN ORDINANCE authorizing the execution of an option for
the sale of approximately 20.8 acres of land within the Roanoke Centre
for Industry and Technology to QC! Corporation; and authorizing the
execution of the requisite deed and plat of subdivision for conveying
such property.
(For full text of Ordinance, see Ordinance Book No. 50, page 330.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES:
Mayor Musser .......
NAYS: None .......
(Mayor Taylor was absent.)
Council Chamber.)
Council members Harvey, Trout, Bowles, Garland and Vice-
(Council member Bowers was out of the
COUNCIL: Mr. Trout offered the following resolution providing
that the regular meeting of the Council of the City of Roanoke sche-
duled for 2:00 p.m., on Monday, September 28, 1987, shall be held on
Monday, September 21, 1987, at 2:00 p.m.:
(#28?99) A RESOLUTION providing that the regular meeting of the
Council of the City of Roanoke scheduled for 2:00 p.m., on
September 28, 1987, shall be held on September 21, 1987, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 50, page 324.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Garland and Vice-
Mayor Musser ....... 5.
NAYS: None ........
(Mayor Taylor was absent.)
Council Chamber.)
(Council member Bowers was out of the
HOUSING: Mr. Bowers offered the following Resolution reappointing
Jo Anne Justis as a Commissioner of the City of Roanoke Redevelopment
and Housin9 Authority to fill a four-year term and waiving the require-
ment of City residency:
(#28800) A RESOLUTION appointing a Commissioner of the City of
Roanoke Redevelopment and Housing Authority to fill a four-year term
and waiving the requirement of City residency.
(For full text of Resolution, see Resolution Book No. 50, page 325.)
485
ACTION:
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Nusser ........ 6.
NAYS: None ............
(Mayor Taylor was absent.)
INDUSTRIES: Mr. Bowers offered the following Resolution appoin-
ting Samuel J. Krisch, [[, as a Director of the Industrial Development
Authority of the City of Roanoke, to fill an unexpired portion of a
four-year term on its board of directors:
(//28801) A RESOLUTION appointing a director of the Industrial
Development Authority of the City of Roanoke, to fill an unexpired por-
tion of a four-year term on its board of directors.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 325.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser--- ----6.
NAYS: None ....
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:55 p.m.
APPROVED
City Clerk
486
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 21, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 21, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Resolution No.
28799, adopted by the Council on Monday, September 14, 1987.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, Robert A. Garland and Mayor Noel C. Taylor ............ 5.
ABSENT: Council mmnbers David A. Bowers and Elizabeth T. Bowles ..... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X Parsons,
Assistant City Attorney; Joel M. Schlanger, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia.
The Pledge of Allegiance Lo the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion%is desired, that item will be removed from the Consent
~eq. da and considered separately. He called ~pec~.fi~ attention to two
~eq'~..S~J~jl~( Eg~ecutive Sessions to discus~ ~s~ne~ m~tt~rsj§~ating
;1~, v~q~'~cle~n ~arlous authorities, boards, commissions and ~o~ittees
appointed by Council, and the disposition of publicly held property.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, con~issions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Garland and Mayor
Taylor ........ .--5.
NAYS: None .........
O.
(Council members Bowers and Bowles were absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (a) {2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
487
ACTION:
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Harvey and
adopLed by the following vote:
AYES: Council members Harvey, Musser, Trout, Garland and Mayor
Taylor ................ 5.
NAYS: None ...............
(Council members Bowers and Bowles were absent.)
AL 2:10 p.m., the Mayor declared the meeting in recess.
(The Mayor left the meeting at 2:40 p.m., during the Executive
Session.)
At 3:10 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding, and all members of the Council in atten-
dance, with the exception of Council members Bowers and Bowles and
Mayor Taylor.
REGULAR AGENDA:
HEARING OF CiTiZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6121 - $1,649,317.00 for the Chapter I
Winter Program (FY88) to provide
reading, language arts and mathe-
matics instruction for students
in targeted schools. The program
is one hundred percent reimbursed
by federal funds. Of the above
increase in appropriation,
$610,000.00 should be offset by a
decrease in Grant No. 6118.
Grant No. 6118 -
$610,000.00 decrease for the
Chapter I Winter Program (FY87)
to reflect allocations to the
summer program ($210,000.00) and
carryover ($400,000.00).
Grant No. 6222 -
$183,424.00 for the 1987-88
Chapter II Block Grant to provide
funds for the improvement of
instruction and guidance services
in the school district. The
program is one hundred percent
reimbursed by federal funds.
Grant No. 6412 -
$860.00.00 for the Licensed
Practical Nursing Program, Title
IIA, to provide tuition for
selected students to attend the
LPN course offered by the Roanoke
City Schools. The program is one
hundred percent reimbursed by
federal funds.
488
ACTION:
Grant No. 6810 - $19,500.00 for the Artist in
Education Program to provide
funds for the enhancement of the
district's arts program by
bringing experts into the schools
for student workshops. The
program will be fifty percent
reimbursed by federal funds with
local match of $10,000.00.
Grant No. 6935 - $12,700.00 for the Especially for
You Program to provide family
life education to students in the
Roanoke City Public School s.
Federal funding will provide for
all materials for the program.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Chapter I, Winter Program,
Chapter II, Block Grant Program, Licensed Practical Nursing Program,
and Especially for You Program are funded with 100% federal funds; that
the Artist in Education Program is funded with $9:500.00 in federal
funds and a local match of $10,000.00; that funding for the $10,000.00
local match is currently available in the Instruction category of
school accounts in the General Fund in an account entitled, "Other
Instruction Costs"; and recommending that Council concur in the request
of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following budget Ordinance be placed
upon its first reading:
(#28802) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 50, page 331.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser ....... --4.
NAYS: None .......
(Council members Bowers and Bowles and Mayor Taylor were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION: NONE.
DIRECTOR OF FINANCE:
BUDGET-HOUSING-GRANTS-PARKING GARAGE: The Director of Finance
submitted a written report advising that by agreement with the City of
Roanoke, the Roanoke Redevelopment and Housing Authority administers a
large segment of the City's Community Development Block Grant Program;
that the Housing Authority receives program income during the course of
its administration from various projects by selling properties in
industrial development areas, by renting properties, by receiving reha-
bilitation loan repayments from project area residents, and by
receiving repayments of loan loss reserve funds as housing loans are
repaid; that the Housing Authority is required to transfer this program
income to the City of Roanoke; and the City is required to use the
income for a community development activity.
It was explained that the Housing Authority has made payment to
the City, in the amount of $12/,245.00, through August 31, 1987, from
the following categories of program income:
$33,000.00 representing the proceeds of the sale of
properties in the Deanwood Industrial Development
Project area (Account No. 035-035-1234-8804).
$54,142.00 in parking lot rentals in the Downtown
East Project and other areas in excess of parking
lot income previously appropriated (Account No.
035-035-1234-8702).
$40,103.00 in rehabilitation loan repayments by
project residents in excess of amounts previously
appropriated (Account No. 001-020-1234-8703).
Mr. Schlanger advised that Greater Roanoke Transit Company manages
the daily operation of the Williamson Road Parking Garage; that a por-
tion of the annual net income of the Williamson Road Parking Garage is
considered program income as a result of UDAG funding provided to
construct the garage; that the Transit Company transfers these funds to
the City; and the City of Roanoke is required by grant agreement to use
the funds for housing rehabilitation.
489
It was further advised that no program income will be received
for the year ending June 30, 1987, as a result of a net operating loss
for the garage for fiscal year 1987; and the report deappropriates
$10,000.00 of program income previously appropriated which will not be
received.
With regard to miscellaneous program income, Mr. Schlanger noted
that the City has received the following:
$1,610.00 in rental income from Gainsboro PAC/GNDC
in excess of amounts previously appropriated
(Account No. 035-035-1234-8705).
$333.00 representing the difference in the amount
previously appropriated as lease payments from
Cooper Industries and the actual revenue received
(Account No. 035-035-1234-8806).
$2,579.00 in repayments of CDBG loans made to the
NNEO (Northwest Neighborhood Environmental Organi-
zation) and Chmmical and Paper Services, Inc.,
(Account Nos. 035-035-1234-8709 and 035-035-1234-
8715)o
The Director of Finance recommended that Council appropriate the
total of $121,767.00 in program income received from the Housing
Authority and other sources to the following expenditure accounts:
$33,000.00 to Account No. 035-087-8/40-5179,
Unprogrammed CDBG, Deanwood Land Proceeds. This
amount will be available for future appropriation
transfers for a community development purpose.
$44,142,00 to Account No. 035-086-8640-5183,
Unprogrammed CDBG, Parking Lot Income. This amount
will be available for future appropriation trans-
fers for a community development purpose.
$40,103.00 to Account No. 035-086-8640-5180,
Unprogrammed CDBG - Rehabilitation Loans. This
amount will be available for future appropriation
transfers for a community development purpose.
490
ACTION:
ACTION:
$4,522.00 to Account Nos. 035-086-8640-5186
($4,189.00) and 035-087-8740-5186 ($333.00),
Unprogrammed CDBG - Other. This amount will be
available for future appropriation transfers for a
community develoi~nent purpose.
$131,767.00 to be appropriated to CDBG revenue
accounts for CDBG years B-86 and B-87; and
$10,000.00 to be deappropriated from CDBG revenue
Account 035-035-1234-8707 representing estimated
revenue from Williamson Road Parking Garage which
will not be rea)ized. The net increase in the CDBG
revenue budget is $121,767.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following budget Ordinance be placed upon
its first reading:
(#28803) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 50, page 332.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser ....... -4.
NAYS: None ........
(Council members Bowers and Bowles and Mayor Taylor were absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28782 permanently vacating,
discontinuing and closing an unopened alley running between Oakland
Boulevard and Pioneer Road, N. W., adjacent to tracts of land bearing
Official Tax Nos. 2090112, 2090111 and 2090118, approximately 248 feet
long by 20 feet wide, having previously been before the Council for its
first reading on Monday, September 14, 1987, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#28782) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 326.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser ....... --4.
NAYS: None ..........
-0.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
ZONING: Ordinance No. 28783 rezoning a tract of land located at
the southeast corner of Hershberger Road and Valley View Boulevard,
N. W., designated as Official Tax No. 2270222, from RM-2, Residential
Multi-Family District and C-2, C~neral Commercial District, to C-1,
Office District, subject Lo certain proffered conditions, having pre-
vious)y been before the Council for its first reading on Monday,
September 14, 1987, read and adopted on its first reading and laid
over, was again before the body, Mr. Garland offering the following for
its second reading and final adoption:
491
(#28783) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, pa§e 327.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
m
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser .......................... 4.
NAYS: None ........... O.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
ZONING: Ordinance No. 28784 rezoning Lot 16, Section 6, Exchange
Building and Investment Company Map, Official Tax No. 1030214, located
at 361 Allison Avenue, S. W.; Lot 7, Section 6, Exchange Building and
Investment Company Map, Official Tax No. 1030206, located at 360 Walnut
Avenue, S. W.; and a one foot wide portion of Lot 17, Section 6,
Exchange Building and Investment Company Map, designated as a portion
of Official Tax No. 1030215, located at 359 Allison Avenue, S. W., from
RM-2, Residential Multi-Family District, to C-1, Office District, sub-
ject to certain proffered conditions, having previously been before the
Council for its first reading on Monday, September 14, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Garland offering the following for its second reading and final
adoption:
(#28784) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 103, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 328.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser .......... 4.
NAYS: None .............. O.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
INDUSTRIES: Ordinance No. 28796 providing for the acquisition of
certain land needed for construction of a sixty foot right-of-way from
King Street, N. E., into City-owned property bearing Official Tax No.
7050107; authorizing the City Manager to determine to a certain limit
the consideration to be offered for such land; providing for the
acquisition of such land by condemnation if necessary; and authorizing
a motion for the award of a right of entry onto the subject land for
the purpose of commencing construction of the needed right-of-way,
having previously been before the Council for its first reading on
Monday, September 14, 1987, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#28796) AN ORDINANCE providing for the acquisition of certain
land needed for the construction of necessary public rights-of-way;
authorizing the City Manager to determine to a certain limit the con-
sideration to be offered for such land; providing for the acquisition
of such land by condemnation, if necessary; authorizing a motion for
the award of a right of entry onto the subject land for the purpose of
commencing construction of the needed right-of-way; and directing the
giving of notice of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 50, page 329.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
492
ACT[ON:
ACTION:
AYES: Council members ttarvey, Trout, Garland and Vice-Mayor
Musser ........ ---4.
NAYS: None .............................. O.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
INDUSTRIES: Ordinance No. 2879/ authorizing the execution of an
option with Tultex Corporation, a Virginia corporation, for the sale of
an approximately 10.3 acre portion of Official Tax No. 7050107, in the
site that the City owns off of Berkley Road; and authorizing the execu-
tion of the requisite deed and plat of subdivision for conveying such
property, having previously been before the Council for its first
reading on Monday, September 14, 1987, read and adopted on ils first
reading and laid over, was again before the body, Mr. Harvey offering
the followin9 for its second reading and final adoption:
(#28797) AN ORDINANCE authorizing the execution of an option for
the sale of an approximately 10.3 acre portion of Official Tax No.
7050107; and authorizing the execution of the requisite deed and plat
of subdivision for conveying such property.
(For full text of Ordinance, see Ordinance Book No. 50, page 330.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Garland and Vice-Mayor
Musser ....... . ..... 4.
NAYS: None ........
O.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
INDUSTRIES: Ordinance No. 28798 authorizing the execution of an
option for the sale of approximately 20.8 acres of land located within
the Roanoke Centre for Industry and Technology to QCI Corporation; and
authorizing the execution of the requisite deed and plat of subdivision
for conveying such property, having previously been before the Council
for its first readin9 on Monday, September 14, 1987, read and adopted
on its first readin9 and laid over, was again before the body, Mr.
Garland offering the following for ils second reading and final adop-
tion:
(#28798) AN ORDINANCE authorizing the execution of an option for
the sale of approximately 20.8 acres of land within the Roanoke Centre
for Industry and Technology to QCI Corporation; and authorizing the
execution of the requisite deed and plat of subdivision for conveying
such property.
(For full text of Ordinance, see Ordinance Book No. 50, page 330.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council mmnbers Harvey, Trout, Garland and Vice-Mayor
Musser .... 4.
NAYS: None .......... -
(Council members Bowers and Bowles and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
Oe
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
493
CELEBRATIONS: The Vice-Mayor advised that there is a vacancy on
the Special Events Committee, created by the resignation of Rose Ann
Burgess, for a term ending June 30, 1988, and called for nominations to
fil! the vacancy.
Mr. Garland placed in nomination the name of James C. Butler.
There being no further nominations, Mr. Butler was elected as a
member of the Special Events Committee for a term ending June 30, 1988,
by the following vote:
ACTION:
FOR MR. BUTLER: Council members Harvey, Trout, Garland and Vice-
Mayor Musser .......................... 4.
(Council members Bowers and Bowles and Mayor Taylor were absent.)
BUILDINGS: The Vice-Mayor advised that the five year term of
Elmer O. Rodes, Jr., as a member of the Board of Adjustments and
Appeals, Building Code, will expire on September 30, 1987, and called
for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Elmer O. Rodes, Jr.
There being no further nominations, Mr. Rodes was reelected as a
member of the Board of Adjustments and Appeals, Building Code, for a
term of five years ending September 30, 1992, by the following vote:
ACTION: FOR MR. RODES:
Mayor Musser--
Council member Harvey, Trout, Garland and Vice-
(Council members Bowers and Bowles and Mayor Taylor were absent.)
CIVIC CENTER: The Vice-Mayor advised that the three year terms of
Robert D. Edwards, John W. Lambert, Jr., and John S. Edwards as members
of the Roanoke Civic Center Commission, will expire on September 30,
1987, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Robert D. Edwards,
John W. Lambert, Jr., and John S. Edwards.
There being no further nominations, Messrs. Edwards, Lambert, and
Edwards were reelected as members of the Roanoke Civic Center Commis-
sion for terms of three years each ending September 30, 1990, by the
following vote:
ACTION: FOR MESSRS. EDWARDS, LAMBERT AND EDWARDS: Council menbers Harvey,
Trout, Garland and Vice-Mayor Musser .......................... 4.
(Council members Bowers and Bowles and Mayor Taylor were absenL.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:15 p.m.
APPROVED
^T 'EST:
City C1 erk
Vi ce-Mayo r
494
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
October 5, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 5, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bow]es, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor ............................... 7.
ABSENT: None .... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Fredrick A.
Taylor, Retired Episcopal Minister.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: Mr. Trout offered the following Resolution:
(#28804) A RESOLUTION commending the College of Education of the
University of Virginia and the teachers who participated in the 1987
Summer Learners Program conducted at Westside Elementary School.
(For full text of Resolution, see Resolution Book No. 50, page 333.)
ACTION: Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............. 7.
NAYS: None .......... O.
On behalf of the members of Council, the Mayor presented Dr.
James Cooper, Dean of the College of Education, University of Virginia,
with a framed copy of the Resolution.
VIRGINIA MUNICIPAL LEAGUE: The Mayor expressed appreciation for
the support he received from Council, administrative officials and
citizens of the City of Roanoke during the meeting of the Virginia
Municipal League on September 27 - 29, 1987, in Alexandria, Virginia,
;at-)thich time ~e was elected as President of the VML for a term ending
%~0. _~tcob&r,x~'~11~4' 1988~, ~ ~_~.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Norwood Street Sanitary Sewer Replacement, Phase I, said bids
to be received by the City Clerk until 1:30 p.m., on Monday, October 5,
1987, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
E. C. Pace Company, Inc.
S. C. Rossi & Company, Inc.
Aaron J. Conner General Contractor,
Inc.
H. Hamner Gay & Company, Inc.
$136,933.40
164,030.00
171,744.00
194,380.?0
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the co~ittee.
495
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, August 24, 198/; Monday, September 14, 1987; and Monday,
September 21, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... ----7.
NAYS: None ..........
COUNCIL: A communication from Mayor Noel C. Taylor requestin9 an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... .7.
NAYS: None ..........
INDUSTRIES: A report of qualification of Samuel J. Krisch, II, as
a Director of the Industrial Development Authority of the City of
Roanoke for a term ending October 20, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
496
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........ O.
PENDING LIST: A list of items pending from July 10, 1978, through
September 21, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... ,-7.
NAYS: None ....... O.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $8,000.00 for the Vocational
Guidance Program to aid vocational guidance and counseling in middle/
junior high school programs, advising that the program is fifty per
cent reimbursed by Federal funds with a local match of $4,000.00, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Vocational Guidance Program is
funded with $4,000.00 in Federal funds, and $4,000.00 in local matching
funds; and funding for the local match is available in the Instruction
and Attendance/Health categories of the Education budget in the General
Fund:
Instructional Supplies
Other Attendance Expenses
Textbooks
(001-060-6002-6020-0309)
(001-060-6003-6050-0312)
(001-060-6002-6010-0311)
$ 3,000.00
700.00
300.00
$ 4,000.00
The Director of Finance recommended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28805) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .---7.
NAYS: None ........
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ACTION:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CIfY ENGINEER-CITY EMPLOYEES-STATE HIGHWAYS: The City
Manager submitted a written report advising that Council, at its
meeting on July 27, 1987, authorized him to enter into agreements with
the Virginia Department of Transportation providing for the City of
Roanoke to administer all aspects of the First Street/ Gainsboro Road
and Wells Avenue projects; that administration of these projects
necessitates the filling of a previously vacant and unfunded position
in the Engineering Department to provide project management as was
stated in the July 27, 1987, reports and recommendations to Council;
and costs associated with this employee and others who spend time admi-
nistering the projects will be project expenses eligible for reimbur-
sement by the Virginia Department of Highways and Transportation at
project cost.
It was explained that the appropriate financial mechanism needs to
be established to fund this position and to receive funds from the
Highway Department for this and other employees involved in the admini-
stration of the First Street/Gainsboro Road and Wells Avenue projects;
and authorization for the Director of Finance to establish a financial
mechanism is needed from Council.
The City Manager recommended that Council appropriate $29,078.00
for salaries, wages and fringe benefits for the new position (pro-
rated for the remainder of this current fiscal year) to the following
accounts:
Salaries 001-052-4310-1002 $ 23,449.00
City Retirement 001-052-4310-1105 3,283.00
FICA 001-052-4310-1120 1,677.00
BC/BS 001-052-4310-1125 432.00
Life Insurance 001-052-4310-1130 237.00
$ 29,078.00
It was further reco~ended that the Director of Finance be
authorized to establish a Revenue Account No. 001-020-1234-0663 for
funds to be received from the Virginia Department of Highways for this
and other employees involved in the administration of First Street/
Uainsboro Road and Wells Avenue projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28806)
the 1987-88
emergency,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 335.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... .7.
NAYS: None: ......
TRAFFIC-STATE HIGHWAYS: The City Manager submitted a written
report advising that the Town of Vinton previously inquired as to the
need for safety devices at the Berkley Road, N. E., railway crossing in
the City of Roanoke due to the planned development of a regional park
(Vinyard Park) by Roanoke County on property formerly owned by
M. Darnell Vinyard; that Roanoke County plans to commence construction
of parking areas and soccer fields in Vinyard Park later this year and
the park area is already in use; that the Norfolk/Southern Railway is
adjacent to Vinyard Park; that the railway crosses Berkley Road, which
497
498
ACT[ON:
is tile only access to the park; that the railway crossing warning devi-
ces for motorists presently include crossbuck signs and advance warning
signs but no flashing signals or gates; that railway safety device pro-
jects are eligible for funding in the Six Year Highway Improvement
Program; that Berkley Road carries approximately 1,800 vehicles per
day, with the park having the potential to increase the number to 3,000
vehicles; and no accidents were reported during 1986 at the crossing.
It was explained that updated ranking of this railway crossing
indicates that it should be considered as the City's top priority
railway crossing project; that this infonnation is based upon a figure
known as the "Expected Accident Ratio" which the Highway Department
uses for this type of evaluation; that safety devices at railway
crossings can only be physically installed by the Railway Company; that
Norfolk/Southern will install safety devices if requested by the juris-
diction in which the crossing lies; that Norfolk/Southern has indicated
they have no problem with installing the subject safety devices; and
generally, the project can be under construction eight to twelve months
after the Highway Department begins designing the project.
It was explained that the City's request for railway -crossing
safety devices must first be requested for programming by Resolution
from City Council to the Virginia Department of Transportation; that
such projects are then handled in the same manner as all other City
highway requests such as Hershberger Road widening or Peters Creek
Road extension, except that it can be fast-tracked due to the related
safety issues; that the Highway Department could commerce design imme-
diately after it receives the City's Resolution; that funding would
come from the City's annual highway allocation, generally in the amount
of 95% of the project cost, with the remaining five per cent being the
local share; and with an estimated cost of $100,000.00 for this pro-
ject, the City's direct expense would be $5,000.00, with the $95,000.00
being spent from the City's highway allocation, which now averages
$6,000,000.00 per year.
Mr. Herbert advised that the City's Economic Development Office is
promoting a City-owned 20 acre industrial tract east of Berkley Road
off of King Street, N. E.; that the City has recently granted an option
to Tultex Corporation for the sale of approximately one-half of this
tract for new development; and jobs thus attracted to this area of the
City will certainly increase the traffic flow over the Berkley Road
railroad crossing.
The City Manager recommended that Council request, by Resolution,
that the Virginia Department of Transportation program a project for
the installation of appropriate safety devices at the railway crossing
on Berkley Road, N. E.; and indicate that, if the City cancels the pro-
ject in the future for any reason, the City would pay 100 per cent of
all costs associated with any work completed on the project between the
time of programming and the cancellation notice. (This type of state-
ment is usual and typical of all highway project programming requests
made by municipalities throughout Virginia.)
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28807) A RESOLUTION requesting the Virginia Department of
Transportation to program a project for installation of safety devices
at Berkley Road, N. E., railway crossing, in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 336.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ....... .--0.
ACTION:
ACTION:
STADIUM-NATIONAL GUARD ARMORY-PARKS AND PLAYGROUNDS: The City
Manager- submitted a written report concurring in a report of the Bid
Committee with reference to concessions at South Roanoke Park,
including Victory Stadium, athletic grounds at Maher Field and the
National Guard Armory, recommending that Council accept the bid of
P & L Concessions, in the amount of $101.00 per month or 31.25% of
gross sales, whichever is greater, for the period of October 1, 198/,
to September 30, 1988; and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#28808) AN ORDINANCE accepting a bid for certain concession pri-
vileges to be exercised on City owned property upon certain terms and
conditions; and authorizing the execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 50, page 340.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ ---7.
NAYS: None ......
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report for the City of Roanoke for the month of August, 1987.
(For full text, see report on file in the City Clerk's Office,)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
The
REPORTS OF COMMITTEES:
CITY PROPERTY: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommending that Council authorize the appropriate City
officials to execute documentation necessary to exchange a 30 foot by
200 foot strip of land along the easterly boundary of the Washington
Heights Water Storage site with Maranatha Fellowship Church for a 0.21/
acre portion of Church property, in order to provide vehicular access
from Wyoming Avenue, N. W., to Church property.
A staff report explained that the City acquired property bearing
Official Tax No. 2770406 in 1952 for a water storage tank site; that
the property fronts on Wyoming Avenue, N. W.; that Maranatha Fellowship
Church acquired adjoining property, bearing Official Tax No. 2770401
in 1984 and 1985, with the property fronting on Hershberger Road; that
Church property, with 400 or more feet of frontage on Hershberger Road,
is elevated above the street and is located on a long, blind, uphill
curve in the street, which presents problems with driveway access from
Hershberger Road; and City property contains one water storage tank and
has space for another tank, should future water supply needs require
same.
It was further explained that the Church has proposed that the
City deed to it a 30 foot access roadway, containing 0.138 acres across
the easterly side of City property from Wyoming Avenue, to Church pro-
perty, a distance of approximately 200 feet; and in return, the Church .
would deed to the City a 0.21/ acre portion of their property to
replace City property taken, and provide adequate space for the pro-
posed future water storage tank.
(For full text, see reports on file in the City Clerk's Office.)
499
5OO
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28809) AN ORDINANCE authorizing the appropriate City officials
to execute a deed conveying certain property from the City to the
Maranatha Fellowship Church in exchange for certain other property to
be deeded by Maranatha Fellowship Church to the City of Roanoke.
(For full text of Ordinance, see Ordinance Book No. 50, page 341.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... 7.
NAYS: None ............
PUBLIC ASSISTANCE: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, presented a written report on behalf
of the committee, recommending that Council authorize the City Manager
to execute the lease for space at 403 West Campbell Avenue for the Fuel
Assistance Program, in a form and content as approved by the City
Attorney.
A staff report explained that Roanoke City has operated a Fuel
Assistance Program since 1979 when the Federal Government made funds
available to supplement low income families with heating costs; that
the program is seasonal in nature and operates from October through
June; that total operating expenses of $95,810.00, which includes tem-
porary staff and other administrative expenses, were approved by
Council in the fiscal year 198/-88 adopted budget and are 100 per cent
reimbursable to the City; that the program requires office space
throughout the entire year for storage of furniture and files; and
office space has been provided by the City at 312 West Campbell Avenue,
which is the Knights of Pythias Building.
It was further explained that office space to house the Fuel
Assistance Program is necessary because the Knights of Pythias Build-
ing, located at 312 West Campbell Avenue, is being remodeled for other
uses by the City; that office space (approximately 2,700 square feet)
is available for lease at 403 West Campbell Avenue; that the location
is close to the Social Services Department to allow for overall super-
vision by staff and within walking distance for both staff and citi-
zens; and terms of the lease with Albert Alouf, owner, are as follows:
Monthly rental of $1,175.00 which includes utili-
ties, janitorial services, and bathroom supplies.
Lease shall be from year to year and commence on
October 1, 1987.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28810) AN ORDINANCE authorizing and providing for the lease by
the City of. certain, office space at 403 Campbell Avenue, S. W.,
Roanoke, Virginia, from the owner of said property, to be used as
office accomodations for the Fuel Assistance Program conducted by the
Social Services Department, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 336.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None ....... -0.
m
m
ACTION:
FIRE DEPARTMENT: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommending that Counci! authorize a new five year
lease agreement with George R. Preas for Temporary Fire Station No. 4,
at a monthly )ease fee of $1,155.00 for the first year and $1,320.00
for the final four years, said lease to be prepared by the City
Attorney with a provision for 30 days notice of termination by the
City, and ninety days notice by the lessor.
A staff report explained that Temporary Fire Station No. 4 was
activated as a result of the City's annexation of portions of Roanoke
County on January 1, 1976; that the current three year lease term and
lease fee is November 1, 1984, through October 31, 1987, $1,100.00 per
month; and the property owner has agreed in writing to a new five year
lease at the following lease fee:
Term: November 1, 1987, through October 31, 1992
Fee: $1,155.00 per month the first year and
$1,320.00 per month the final four years. City of
Roanoke may terminate contract with 30 days notice
and no penalty.
It was further explained that a new fire station site has been
acquired across Aerial Way Drive from Temporary Fire Station No. 4,
however, construction of a ne-~ station should be delayed until the
impact of the Peters Creek Road Extension on the station and Temporary
Fire Station No. 12 is evaluated.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28811) AN ORDINANCE authorizing the appropriate City officials
to enter into a five-year lease agreement for use of property for tem-
porary Fire Station #4, located at 3772 Aerial Way Drive, S. W., upon
certain terms and conditions, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 337.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None ........
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Williamson Road Storm Drainage, Phase I, Contract IIA,
which includes Wildhurst Avenue, Ellsworth Street, Kennedy Street,
Mansfield Street, and Fu§ate Road, N. E., presented a written report on
behalf of the committee, transmitting the following recommendations:
Authorize the award of a unit price contract to
Aaron J. Conner General Contractor, Inc., in the
amount of $398,987.45.
Authorize the establishment of a five per cent con-
tingency for the project, in the amount of
$19,500.00.
Transfer the remaining available funds in the
Williamson Road Storm Drain, Quadrant III, Account
No. 008-052-9578-9065 ($251,570.58) and the
available funds in the 1985 Series Public Improve-
ment Bonds, Storm Drain Category, Account No.
008-052-9577-9176 ($166,916.87) to a new account
identified as Williamson Road Storm Drain, Phase I,
Contract IIA, in the amount of $418,487.45
($398,987.45 contract amount and $19,500.00 contin-
gency).
501
5O2
ACTION:
ACTION:
Reject all other bids received.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28812)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 337.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ .7.
NAYS: None .......
Mr. Garland offered the following emergency Ordinance:
(#28813) AN ORDINANCE accepting the bid of Aaron J. Conner
General Contractor, Inc., for the Williamson Road Storm Drain Project,
Phase I, Contract IIA, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 338.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... ---7.
NAYS: None ........
O.
RECREATION CENTER-PARKS AND PLAYGROUNDS: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for renovations to Garden City Recreation Center,
Lakewood and Staunton Avenue Parks, presented a written report on
behalf of the committee, transmitting the following recommendations:
Award a lump sum contract to the low bidder, Boxley
Construction Company to perform all the work
included in Bid Item No. 1, with the exception of
the new swing gate, in the amount of $30,500.00,
and a construction time of 45 consecutive calendar
days.
Award a lump sum contract to the low bidder, Brown
Brothers Construction Company of Zionville, North
Carolina, to perform all the work included in Bid
Item No. 2, with certain changes outlined in a
communication under date of September 18, 1987, in
the amount of $45,000.00, and a construction time
of 90 consecutive calendar days.
Establish a total job contingency of $2,500.00 for
a total project cost of $78,000.00.
Reject all other bids
It was explained that funding, in the amount of $78,000.00, would
come from previously appropriated funds in the Six Neighborhood Park
Improvement Project, Account No. 008-050-9532-9001.
503
ACTION:
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28814) AN ORDINANCE accepting two bids for renovations to
Garden City Recreation Center, Lakewood Park and Staunton Avenue Park,
upon certain terms and conditions, awarding contracts therefor;
authorizing the proper City officials to execute the requisite
contracts for such work; rejecting all other bids made to the City for
such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 339.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..... -7.
NAYS: None ............
AIRPORT: A report of the Roanoke Regional Airport Commission
advising that the Commission would like to install new taxiway guidance
signs and rehabilitate the electrical vault at the Roanoke Regional
Airport; that associated with the project is additional design which
has been performed by Delta Associates, P. E., Inc., and the resident
inspection for the project; and funding for construction of the signs,
design and inspection are part of the Runway Extension Grant, was
before Council.
It was explained that the project necessitates the Commission
entering into a contract with Fischer Electrical Construction, Inc., in
the amount of $165,510.00; that Amendment No. 6 to the design contract
with Delta Associates, P. E., Inc., is $27,100.00; that the matter was
approved by the Commission on September 16, 1987; that the Roanoke
Regional Airport Contract agreement, effective July 1, 1987, requires
approval of the participating local governments for any capital impro-
vements in excess of $100,000.00, therefore, Council's approval is
requested prior to entering into the contract with Fischer Electrical
Construction and Amendment No. 6 for additional design and resident
inspection.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28815) A RESOLUTION approving a certain capital expenditure by
the Roanoke Regional Airport Commission, upon certain terms and con-
ditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 339.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
.AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None .........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-SCHOOLS: Ordinance No. 28802 amending and reordaining cer-
tain sections of the 1987-88 General and Grant Fund Appropriations, to
provide funds for various school accounts, having previously been
before the Council for its first reading on Monday, September 21, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
504
ACTION:
ACTION:
(#28802) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 50, page 331.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... _ ............... 7.
NAYS: None ........ -0.
BUDGET-HOUSING-GRANTS-PARKING GARAGE: Ordinance No. 28803
amending and reordaining certain sections of the 1987-88 General and
Grant Fund Appropriations, providing for the appropriation of program
inceme received from the Roanoke Redevelopment and Housing Authority,
and certain other sources of program income, having previously been
before the Council for its first reading on Monday, September 21, 1987,
read and adopted on its first reading and )aid over, was again before
the body, Mr. Musser offering the following for its second reading and
final adoption:
(#28803) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 50, page 332.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ 7.
NAYS: None ........ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
EMERGENCY SERVICES: Mr. Bowers inquired with reference to imple-
mentation of the E 9-1-1; whereupon, the City Manager advised that the
system went on line at 12:01 a.m., October 5, 1987; and the City
received fourteen emergency calls of which four came on 9-1-1, and
represents approximately twenty-eight per cent of the calls.
The Director of Administration and Public Safety advised that per-
manent decals will be placed on all emergency vehicles depicting
E 9-1-1.
OTHER HEARINGS OF CITIZENS:
EMERGENCY SERVICES: Mr. Donald C. Reid, Manager, C & P Telephone
Company, appeared before Council and advised that it has been ten years
since the 9-1-1 project commenced and he is pleased to report that the
Roanoke Valley localities cut over to the system at 12:01 a.m., this
morning without any reported difficulties. On behalf of C & P, he
expressed appreciation to the City of Roanoke and all personnel who
worked to bring the system to the citizens of the Roanoke Valley. He
presented each member of Council and each Council Appointee with
E 9-1-1 hats.
On behalf of the members of Council and Council Appointees, the
Mayor expressed appreciation to Mr. Reid. He advised that implemen-
tation of the 9-1-1 system represents another effort of cooperation by
the Roanoke Valley governments to provide a service which will be of
benefit along regional lines.
At 2:45 p.m., the Mayor declared the meeting in recess.
At this point, Council member Harvey left the meeting.
ACTION:
ACTION:
ACTION:
505
At 3:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council inember }{arvey.
BUILDINGS: The Mayor advised that it is necessary to appoint an
alternate member to the Board of Adjustments and Appeals, Building
Code, inasmuch as Curtis L. Rat]iff, who previously served as an alter-
nate melnber, was appointed as a full member of the Board on August 10,
1987; whereupon the Mayor opened the floor for nominations.
Mr. Garland placed in nomination the name of Edward S. Co]onna.
There being no further nominations, Mr. Co]onna was elected as an
a]ternate member of the Board of Adjustments and Appeals, Building
Code, by the fo{{owing vote:
FOR MR. COLONNA: Council members Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............... 6.
(Council member Harvey was absent.)
LIBRARIES: The Mayor advised that there is a vacancy on the
Roanoke Public Library Board, created by the resignation of
Charlotte W. Sandy, for a term ending June 30, 1990, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Philip C. Coulter.
There being no further nominations, Mr. Coulter was e]ected as a
member of the Roanoke Public Library Board for a term ending June 30,
1990, by the following vote:
FOR MR. COULTER: Council members Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor .......... 6.
(Council member Harvey was absent.)
SCHOOLS: The Mayor advised that there is a vacancy on the
Virginia Western Community College Board of Directors created by the
ineligibility of Maury L. Strauss to serve another term due to Virginia
Western Community College By-Laws; whereupon, the Mayor opened the
floor for nominations.
Mr. Musser placed in nomination the name of Malcolm C. Boggs.
There being no further nominations, Mr. BOggs was elected as a
member of the Virginia Western Community College Board of Directors for
a term ending June 30, 1990, by the following vote:
FOR MR. BOGGS: Council members Musser, Trout, Bowers, Bowles,
Gar] and and Mayor Taylor .......... 6.
(Council member Harvey was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 3:20 p.m.
APPROVED
ATTEST: May~°~
506
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 12, 1987
/:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 12, 198/, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ..................... -7.
ABSENT: None ......
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Chaplain Carl Zigler, Chaplain,
Coordinator of Pastoral Care Department, Lewis-Gale Hospital.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CITY EMPLOYEES-CITY ATTORNEY: The City Attorney introduced Ms.
Catherine H. Jones, Assistant City Attorney, who coo~menced employment
with the City of Roanoke on Monday, October 12, 1987.
MISCELLANEOUS: The Mayor expressed congratulations to Mr. and
Mrs. S. Lewis Lionberger in recognition of their fifty-first wedding
anniversary on Monday, October 12, 1987.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 12, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Brabham
Petroleum Company that an alley 14.66 feet in width and 349.4 feet in
length situated between Official Tax Nos. 3042002 and 3042007, and any
further portion of said alley as it may extend to Orange Avenue, N. E.,
on maps other than the City's Official Map, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 25, 1987, and Friday, October 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, was before Council.. o~e~ :.~; e .-.. ~f~ ...- -~
It was explained that the applicant has contracted 'with the
Commonwealth of Virginia to purchase a portion of surplus right-of-way
adjacent to the easterly side of his property for use as a commercial
gas station.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
ACTION:
ACTION:
(428816) AN ORDINANCE permanent)y vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 349.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28816 was adopted on its first reading by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor--- 7.
NAYS: None ................. O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 12, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Total Action
Against Poverty that property located at 23 24th Street, N. W.,
designated as Official Tax No. 2311102, containing approximately 0.41
acre, be rezoned from LM, Light Manufacturing District, to RM-4,
Residential Multi-Family High Density District, subject to certain
proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 25, 1987, and Friday, October 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that the existing building on the
property was used in the past for intermediate housing making it
suitable for the proposed use and the project will provide a needed
service to the community, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(428817) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 231, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 350.)
The motion was seconded by Mrs. Bowles.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28817 was adopted on its first reading by the
fol 1 owl ng vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 12, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of the City of Roanoke
that Shadeland Avenue, N. W., approximately 845 feet in length, 50 feet
wide, from loth Street, N. W., to its easterly terminus, be permanently
vacated, discontinued and closed, the matter was before the body.
507
5O8
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 25, 1987, and Friday, October 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
grant the request, subject to the following conditions, was also before
the body:
That the City prepare and record a plat of sub-
division, combining the properties in a manner that
will eliminate the possibility of landlocked par-
cels.
That necessary easements cited in the report be
retained and shown on said plat.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#28818) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 351.)
The motion was seconded by Mr. Bowers.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28818 was adopted on its first reading by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ . .... 7.
NAYS: None .......
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 12, 198/, at 7:30 p.m., or as soon there-
after as the matter may be heard, to consider proposed amendments to
Chapter 36.1, Zoning, Sections 36.1-164 and 36.1-165, and adoption of a
new Section 36.1-174, of the Code of the City of Roanoke (1979), as
amended, by amending regulations pertaining to the CN, Neighborhood
Commercial District, in order to provide for neighborhood shopping cen-
ters in such district and otherwise to amend such regulations, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 25, 1987, and Friday, October 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the proposed amendments to the CN, Neighborhood Commercial District,
advising that the proposed amendments address the concerns of the
residents in the area and help further the intent of the City's Compre-
hensive Plan, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
509
(#28819) AN ORDINANCE amending Division 3, Commercial District
Regulations, of Article II, District Regulations, of Chapter 36.1
Zoning, Code of the City of ~oanoke (1979), as ainended, in order tm
amend certain of the zoning regulations pertaining to the CN, Neighbor-
hood Commercial Districts.
(For full text of Ordinance, see Ordinance Book No. 50, page 352.)
ACTION: The motion was seconded by Mr. Harvey.
No person wishing to address Council with regard to the public
hearing, Ordinance No. 28819 was adopted on its first readin9 by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... _ .......... 7.
NAYS: None ........
m
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, Apri] 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 12, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of The Virginia
Lutheran Homes, Inc., that property located at 3804 Brandon Avenue,
S. W., bearing Official Tax No. 5180304, and containing approximately
18.3 acres, be rezoned from RS-l, Residential Single Family District,
to RM-2, Residential Multi-Family District, subject to certain prof-
fered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 25, 1987, and Friday, October 2, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request for rezoning, advising that this type of facility in neigh-
borhoods has been identified as a community need in the City's Compre-
hensive Plan; that there has been much discussion on the project
between City staff, residents, the petitioners and their architects;
that the last plan, dated September 2, 1987, represents a compromise
between the two and three story height issues raised by adjacent resi-
dents of the area; and the petitioners and their architects have worked
to resolve concerns in order to achieve a project that is compatible,
desirable, and economically feasible, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#28820) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 354.)
The motion was seconded by Mr. Garland.
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council and advised that the purpose of rezoning is to
construct a residential complex for the elderly on the 18.3 acre tract
of land which will include a thirty bed home for adults, a 150 unit
congregate care facility and 22 independent living cottages. He
said the first condition proffered by his client is that the project
will be constructed in substantial accordance with the site plan which
;,as ~, vr:~rcd by Jitem'er~z, Franklin, Crawford and Shaffner under
date of September 2, 1987; that a second condition is that drainage
from the site wil] be collected in detainment basins and piped to
public storm drainage in accordance with a plan which wi]] be submitted
to City staff for approval; and a third condition is that a berm to be
located along the westerly property line wil) be constructed at the
outset of construction.
510
Mr. Natt explained that there is an additional matter which his
client cannot proffer as a condition to rezonin9 according to the City
Code, however, they have proposed a compromise to buffer and screen the
project which will be off site from the Lutheran Home property.
Mr. Natt said in working through the various site plans, the
Lutheran Home had many concerns about the development of the project,
its first and primary concern being to provide a ministry to the citi-
zens of southwest Roanoke and the Roanoke Valley by constructing
quality housing for all levels of the elderly. He stated that their
second concern is the impact on surrounding property, the primary
importance being to protect those properties. He added that on the
west, existing trees will be retained, a berm will be constructed with
appropriate landscaping, and his client will help in eliminating a bad
drainage problem in the area of Loblolly Lane. He said the buffer of
trees to the rear of the property will remain exactly as is with no
construction or development over the crest of the hill toward Valentine
Road. He added that they have reached a compromise with the property
owners to the east relative to buffering and screenin9. He noted that
a third concern is to come up with a viable project and his client is
of the opinion that that goal has been achieved.
Mr. Natt explained that to reduce the number of units in any phase
would mean that the project would become less feasible and/or less
desirable; that water and sewer are available and will not be affected;
that a single entrance will be maintained on Brandon Avenue; that traf-
fic as a result of the project will be generated by staff; and peak
hours of traffic to the facility will be the non-peak traffic hours on
Brandon Avenue.
Mr. Gregory A. Jones, representing Sherertz, Franklin, Crawford
and Shaffner, Architects, appeared before Council and advised that his
firm is the architect of record for the project, adding that over the
years they have made retirement communities their sub-specialty and
they are known nationwide as experts in the field. He presented slides
depicting the type of retirement community envisioned.
Mr. Natt advised that his client met with the neighbors on
numerous occasions; that they have designed a project which is viable,
compatible and an asset to the community; and requested that Council
approve the rezoning.
Mrs. Danielle Rand, President, Greater Deyerle Neighborhood
Association, appeared before Council and advised that the Association
is not opposed to the project; that numerous meetings have been held
and the objection all along has been to the three story structure. She
added that the neighbors are of the opinion that there was not much of
a compromise, that there was a shifting of buildings, but basically a
three story structure is still envisioned. She explained that the
issue has been rather sensitive, noting that there is a fine line bet-
ween the religious and the commercial, and some citizens do not see the
project as a religious venture but as a strictly commercial project
with no tax money coming to the City. She explained that the persons
in attendance at the public hearing do not live in the vicinity and
will not be affected by the massiveness of the building. Ms. Rand said
the members of the Association would like to maintain the low density
of the neighborhood, and requested that the matter be referred back to
the City Planning Commission for further study to determine if the
building could be reduced to a more reasonable size, noting that the
neighbors have never opposed the concept of the project.
A report of the City Attorney advising that a petition has been
filed with the City by citizens opposed to the rezoning; that it is
his opinion that a sufficient number of signatures have been set out in
.the petition to invoke the provisions of §62{5) of the Roanoke City
Charter which provides with reference to amendments to the City's
Zoning Map, in pertinent part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
or of those immediately adjacent in the rear there-
m
of, or of those directly opposite thereto, such
amendment shall not become effective except by the
favorable vote of five-sevenths of all the members
of the Council."
(For full text, see report on file in the City Clerk's Office.)
No other persons wishing to address Council with regard to the
request for rezoning, Ordinance No. 28820 was adopted on its first
reading by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None--- O.
At 8:10 p.m., the Mayor declared the meeting in recess.
At 8:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
511
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a matter involving the
disposition of publicly ileld property, and requested that an Executive
Session which he had previously placed on the agenda to discuss person-
nel matters relating to vacancies on various authorities, boards, com-
missions and cmnmittees appointed by Council be withdrawn.
MINUTES: Minutes of the regular meeting of Council held on
Monday, October 5, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None-- O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving the disposition of publicly held
property, pursuant to Section 2.1-344 {al {2), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
the disposition of publicly held property, pursuant to Section 2.1-344
(al (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 7.
NAYS: ~ne ..................
ZONING: A communication from Council member David A. Bowers
advising that it has come to his attention that the City may need to
consider increasing the penalty for razing or destruction of buildings
in its historic districts; that the fine for such infractions through
the City is minimal; that the City should consider the preservation of
buildings in historic areas to be a more important and worthy goal, and
therefore, should increase the punitive damage as a result thereof, was
before Council.
512
ACTION:
ACTION:
As an example, Mr. Bowers said the penalty could be as high as the
appraised value of the building destroyed which would forestall care-
less development by wrecking older buildings in the City's historic
districts. He requested that the matter be referred Lo the City
Manager and the City Attorney for review and reco~nendation.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Manager and City Attorney for review and rec~nmendation to Council.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... 7.
NAYS: None ..........
ROANOKE CIVIC CENTER: A report of qualification of John W.
Lambert, Jr., as a member of the Roanoke Civic Center Commission for a
term of three years ending September 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ . .... 7.
NAYS: None ...........
o
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TRAFFIC: Mr. M. Scott Ayers, 2455 Tillett Road, S. W., appeared
before Council and advised of a speeding problem in the vicinity of
Tillett Road, Woodlawn Avenue and Livingston Road, S. W. He explained
that the neighborhood from Spring Road to Guilford Avenue has become a
short cut for traffic coming from Route 419 to Brandon Avenue. He
expressed concern for the safety of children in the area, advising that
the biggest factor is that from Brahma Road to Guilford Avenue, there
are thirteen children under ten years of age.
Mr. Ayers noted that police have conducted traffic surveys on two
occasions; that the City Manager has personally walked through the
neighborhood and appeared to be genuinely concerned about the problem,
however, he was at a loss as to suggested remedies to correct the
problem. He said the Traffic Engineer mentioned the possibility of
circulating a petition among the residents of the area requesting that
Council have a barricade installed on Brahma Road. Mr. Ayers expressed
the opinion that a barricade would separate the neighborhood, a peti-
tion signed by all property owners would be difficult to obtain, and a
barricade could create a great deal of animousity. He requested
Council's assistance in resolving the situation, and referred to the
possibility of installing stop signs on either side of Brahma Road
which would break the momentum of traffic.
Following considerable discussion of the concerns expressed by Mr.
Ayers, Mr. Bowers moved that the matter be referred to the City P~nager
for investigation, report and recommendation to Council. The motion
was seconded by Mr. Harvey and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
513
m
POLICE DEPARTMENT-WATER DEPARTMENT: The City Manager submitted a
written report advising that Airport Security positions/classification
were established on August 9, 1971, by act of Council; that the posi-
tions were created specifically to provide security at the airport and
not for the performance of regular police duties city-wide; that the
pay grade for this special classification was established at two ranges
below the regular police officer salaries; that consistent with the
reduced responsibility, the City Manager's Office promulgated separate
criteria for eligibility, testing, training, and employment, less
restrictive and less strenuous and restrictive than for regular police
officers.
It was explained that in April, 1976, the appropriateness of the
classification of Airport Security Police Officers was questioned by a
request from the Airport Advisory Commission for reclassification of
the employees to equate to the position of that of regular police offi-
cers; that on June 23, 19/8, the Personnel Board decided, after a
public hearing, that the classification of Airport Security Police
Officers was appropriate and that it remain unchanged; and on June 26,
1978, the Airport Advisory Commission again recommended to Council that
Airport Security Police Officers be upgraded and Council requested a
recommendation from the City Manager.
It was further explained that on July 24, 1978, the City Manager
recommended to Council that the classification for Airport Security
Police Officers remain the same; that on August 14, 1978, Council
referred the matter to the Personnel and Employment Practices Commis-
sion for study, report and recommendation; that on November 7, 1978,
the Personnel and Employment Practices Commission held a public hearing
and took no action to upgrade the position of Airport Security Police
Officer; that in September, 1979, five of six Airport Security Police
Officers filed a charge of age discrimination against the City with the
Equal Employment Opportunities Commission; that on June 5, 1980, the
same five officers filed a lawsuit against the City of Roanoke alleging
age discrimination in the United States District Court, Western
District of Virginia; and on October 6, 1981, the same five officers
reached agreement with the City for an out of court settlement of the
suit, and the agreement, approved by Council, included the following:
A cash sum to the plaintiffs and their attorneys.
Employment of three plaintiffs in Airport Security
positions and two plaintiffs in Water Shed/Conser-
vator of the Peace positions, with a five per cent
pay increase for each plaintiff.
Provision that the City determine the exact job
titles and duties to be performed by the plain-
tiffs.
Mr. Herbert advised that on August 30, 1926, the City established
its first retirement system which covered employees of the Police and
Fire Departments (no member of this system is presently on payroll);
that on July 1, 1946, the City established its second pension plan, the
Employees' Retirement System (ERS) which was made applicable to all
City employees including those in the Police and Fire Departments; that
by Ordinance No. 27061, adopted on June 18, 1984, the City established
its third retirement plan, the Employees' Supplemental Retirement
System (ESRS); that Council by Ordinance No. 22203, adopted on May 5,
1975, gave credit for prior service, where applicable, to ERS members
and similar action on April 30, 1980, authorized the return of all ERS
employee contributions to the employee; that Airport Security and
Carvins Cove Conservators entered the ERS at different times and con-
ditions; that reinstatement of Carvins Cove Conservators to the Police
Department for administrative purposes would accomplish nothing benefi-
cial for the employee; and to qualify as a deputized police officer and
thereby be eligible for retirement benefits under ESRS, one must first
attain certification which is only granted after successful completion
of a state-mandated training program which includes rigorous academic
and physical standards.
514
ACTION:
ACT%ON:
The City Manager pointed out that Council at its meeting on
November 17, 1986, referred a reconm~endation that Carvins Cove and
Airport Security positions be "reinstated back into the Police
Department" and requested co~nents from the City Manager, City Attorney
and Director of Finance; that employee/members of the ERS and the ESRS
with prior service as deputized police officers or firefighters now
occupy positions in numerous departments throughout City Government in
addition to the Airport and Carvins Cove and these employees do not
have the police officer and firefighter retir~nent benefits; and within
the Police Department, the positions of Animal Control Supervisor and
Animal Control Officer do not have the police/fire retirement benefit.
The City Manager recommended that Council take no action to amend
the ESRS granting special exception for the Carvins Cove Conservators.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted, Mr.
Musser voting no.
Mr. Musser advised that he disagrees with the motion, noting that
he is not convinced that responsibilities of the Carvins Cove Conserva-
tors do n,t belong under the jurisdiction of the Police Department for
a number of reasons.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the fiscal year 1985-86 budget contained various
capital improvements and maintenance projects in the Sewer Enterprise
Fund budget; that included in the approved budget were funds for repla-
cement of the Mud Lick Creek sewer from the Roanoke River Interceptor
upstream to Grandin Road, S. W.; that the project was separated into
phases; that Phase I begins at the Roanoke River Interceptor and pro-
ceeds upstream to Lansing Drive, S. W.; that Phase II will start at
Lansing Drive, S. W., and end at Grandin Road, S. W.; that Phase II is
anticipated to be advertised in November, 1987 once easement acquisi-
tion is complete; that Council received bids on Phase I on March 23,
1987; and H. Hamner Gay and Company, Inc., was awarded a contract on
May 11, 1987, in the amount of $599,935.68 with a contingency in the
amount of $30,864.32.
It was explained that H. Hamner Gay and Company, Inc., started
construction and is encountering more rock than anticipated; that the
design of the project, which eliminates one old City Interceptor and an
annexed County interceptor, provides for one larger line; that the
contractor is predrilling ahead of the pipe laying operation and infor-
mation is indicating rock at greater than anticipated quantities; that
Mattern & Craig, Design Engineers, based on observable rock out-
croppings at the level of the Mud Lick Creek bed and no rock visible on
the surface, estimated rock excavation in the bottom three feet of the
trench for a total estimated quantity of 835 cubic yards; that as
construction progresses the rock pattern is varying so erractically
from zero to four to six and at some points to ten feet deep that no
reasonable subsurface investigation can accurately predict existing
conditions; and, in addition, at certain points the design engineer
elected to locate the new line near the two existing lines but not in
the same trench to avoid the expense of continuous 24 hour pumping.
The City Manager pointed out that the Office of City Engineer has
estimated that based on currently available evidence, rock excavation
will exceed the contract quantity by 2,407 cubic yards or an additional
$129,978.00 to the contract price; that the State Water Control Board
recently notified the City that flow should be monitored in the new
line; and no flow monitoring device was included in the contract,
therefore, the City requested a price from the contractor to install
monitoring equipment in an existing manhole on the project and esti-
mated cost is $9,027.00.
The City Manager recommended that he be authorized to execute
Change Order No. I with H. Hamner Gay and Company, Inc., in an amount
not to exceed $139,005.00 ($129,978.00 for additional rock excavation
515
and $9,027.00 for flow monitoring equipment); and that Council appro-
priate $139,005.00 from the Sewer Fund Previous Year's Retained Earn-
ings, to the Mud Lick Creek Sanitary Sewer Construction Account No.
003-056-8418-9003.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(~28821) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 341.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... --7.
NAYS: None ........
Mr. Trout offered the following emergency Ordinance:
O®
(#28822) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with H. Hamner Gay and Co.,
Inc., for the Mud Lick Sanitary Sewer Project, Phase I; and providing
for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 342.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... --7.
NAYS: None .......
-0.
BUDGET-CITY JAIL: The Sheriff submitted a written report advising
that in early 1980 the City of Roanoke was chosen as the pilot site for
the Commonwealth Jail Management System (CJMS) at the request of the
City; that the CJMS system was to be an automated records system, which
would track a person's progress through the criminal justice system
beginning from the time of arrest until final disposition of the indi-
vidual's case and would be developed to serve the police and jail; and
by September, 1980, the State Department of Information and Technology
(D.I.T.) had purchased and installed in the City Jail a Hewlett-Packard
Series 3000 computer system and other related hardware, and began
programming the CJMS application software.
It was explained that development work on the CJMS application
system actually began in the spring of 1980 and continued until
June 30, 1987; that in 1985, the State sold the H. P. computer hardware
to the City for a nominal cost; that at this time the City assumed the
costs for H. P. software maintenance in addition to the hardware main-
tenance costs, however, the City was assured that the State would con-
tinue to provide application software maintenance indefinitely or as
long as funds were provided for the project by the General Assembly;
that it was decided by the General Assembly that as of July 1, 1986,
all State funds for the project would be placed under the control of
the Department of Criminal Justice Services; and in December, 1986, the
City was notified that funding for this project would no longer be
available after July 1, 1987, and development of the application system
would be completed by then.
It was explained that portions of the CJMS system have proven to be
viable and workable although it is still incomplete; and some of the
benefits presently derived from the system are as follows:
516
ACTION:
"It allows both the Police Department and the
Sheriff's Department to have a direct link to both
the VCIN and NCIC computer networks, thus allowing
both Departments the capability to check criminal
histories and to determine if those persons who are
arrested also have outstanding warrants for them in
other localities/states. Since January, 1982, 180
people, who were arrested and brought to jail, also
had outstanding felony warrants for them from other
jurisdictions/states, i.e. armed robbery, violation
of parole, grand larceny, etc. Without this
system, 180 persons would in all likelihood have
been released from jail after their local charges
had been disposed of and these felony warrants
would not have been served.
This system generates mandated reports for the
Police Department, i.e. CCRE, arrest reports, and
criminal history reports, for persons who are
arrested and brought to jail. This reduces the
time officers spend doing paperwork and increases
the time they spend on patrol.
In addition to allowing the jail to more effi-
ciently maintain mandated records and track the
progress of each inmate through the courts system,
it provides the jail administration with statisti-
cal and management reports which are unattainable
or not feasible to prepare with a manual record-
keeping system. This invariably increases the
administration's ability to manage the jail more
efficiently and effectively."
The Sheriff advised that the General Assembly failed to provide
additional funding for the continuation of the project as of July 1,
1987, therefore, no technical assistance is available from the State to
complete the project nor to provide application software maintenance
for the system; tllat the Department of Information and Technology and
the Department of Criminal Justice Services have agreed to provide the
City with a total of $50,000.00 ($20,000.00 has already been received
by the City) to help offset the cost of completing the project and the
first years maintenance for the application software, as well as pro-
viding the source code for the application software, documentation
concerning the application software, and FASTRAN software; and before
these items can be provided, the City Manager, with the approval of
Council, must sign the License Agreement.
The sheriff recommended that Council authorize the City Manager to
sign the License Agreement for the Commonwealth Jail Management System.
A report of the City Manager concurring in the recommendation of
the Sheriff, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28823) AN ORDINANCE to amend and Keordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 343.}
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None ....... O.
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#28824) AN ORDINANCE authorizing the City ~nager to execute a
certain License Agreement between the City and the Commonwealth of
Virginia authorizing the City to use certain computer software deve-
loped by the Commonwealth and known as the Commonwealth Jail Management
System; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 344.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............................ 7.
NAYS: None ......... O.
STREET NAMES: The City Manager submitted a written report
advising that Council at its meeting on April 27, 1987, requested that
the City Administration recommend a policy for future street renaming
procedures; that the City Planning Commission is authorized by provi-
sions set forth in the City Code to review and approve proper names for
new streets being constructed and dedicated througl, the process of land
subdivision; that the City Code does not address the subject of naming,
renaming, or changing the names of existing streets, whether public or
private; that official action in naming or changing the name of an
existing street under the current procedure generally takes from two to
three months or longer to complete; and the existing procedure does not
provide for a timely and systematic identification of existing street
name problems, nor does it provide for the naming or changing the names
of private streets that may be improperly named or in conflict with
public street names.
It was further explained that Council's decision to provide state-
of-the-art emergency service facilities (enhanced 9-1-1 system and
computer aided dispatch system (CAD) with mobile terminals in police
and fire vehicles) was made with the ultimate objective of providing
the most accurate and responsive life saving and property protection
services possible for the ~lfare and safety of the general public;
that the 9-1-1 Emergency Task Force, composed of technical personnel
from the Departments of Building, Engineering, Planning and Communica-
tions, was directed to evaluate certain specific needs of the 9-1-1,
emergency services system, related to the naming or renaming of
existing City streets, street signs and street address numbering
systems; and the Task Force determined that the efficiency level of the
9-1-1 system will largely depend on the City's ability to establish and
expeditiously update the following:
Accurate and distinctly identifiable street names
(public and private).
Accurate and appropriately positioned street name
signs (on both public and private streets).
Accurate and conveniently displayed address numbers
(on buildings on both public and private streets).
A policy and procedure mechanism to assure that all
current and future changes in the official names of
streets (public and private) will be made in a
timely manner.
The City Manager advised that the 9-1-1 Emergency Task Force
reviewed the City's current practice and procedure for naming and
installing street name signs and assigning or confirming adjacent
address systems on existing streets, and Task Force conclusions are as
follows:
517
518
"Current procedure provides no administrative
mechanism for identifying and correcting street
name duplication or street name problems within tile
City's existing public street system.
Current procedure for naming or renaming existing
streets is time consuming and uncoordinated with
the need to provide a timely installation of proper
street signs and confirmation of adjacent street
addressed.
Current procedure provides no authority to regulate
and coordinate the naming of private streets, in
order to eliminate a duplication or confusion with
other existing public street names.
City policy and procedures for naming or changing
the names of existing streets should include provi-
sions for the above stated needs. The policy and
procedures should provide for a comprehensive and
conclusive approach to proper street naming, street
signing, and address numbering systems for all
existing City streets, whether public or private."
It was noted that the 9-1-1 Emergency Task Force recommends that
the City's existing procedures for naming or renaming existing City
streets be replaced with the new policy and procedures being recom-
mended~i~ the report.
It was explained that the 9-1-1 Emergency Service System began
operation on October 5, 1987; that efficiency of the 9-1-1 system is
based on the system's ability to accurately pinpoint and promptly
respond to the exact location of a specific telephone call; that the
9-1-1 computer system identifies the location of all telephones in the
City by street name, location and street address; that the map which
will be utilized for response by the 9-1-1 control center will require
a separate and distinctly identifiable name for each and every street,
both public and private, that is located within the City; and the com-
puter which will be utilized for response by the system will require
that all necessary structures, buildings and residences situated adja-
cent to all City streets be properly identified by an accurate street
address.
It was further explained that City streets, both public and pri-
vate, if improperly named or identified, will create confusion within
the operation of the system, resulting in the unnecessary delay of
vital response time in possible life and death situations; that
response efficiency of the 9-1-1 emergency services system will be
largely dependent on the overall accuracy of the street names, street
signs, and street address numbering system; and the City's street name
identification system has existing street name inconsistencies and
street addressing problems such as:
"Some street names are duplicated or confusingly
similar.
Certain major thoroughfares are identified by
multiple street names.
Some residents use a street name for addressing
purposes that is different from the official street
nallle o
City has not exercised control over the naming of
private streets, and has no assurance that addres-
ses issued for abutting streets will not be reas-
signed by property owner to private street usage.
Certain private streets are unsigned at street
intersections and unidentified on City maps.
There are unnamed streets and access roads, both
public and private."
519
lhe City Manager advised that the 9-1-1 Emer§ency Service Task
Force is currently in the process of identifying all inconsistent or
improperly named streets; that it is also identifyin9 all improper
number address systems; that a list of street name and street address
problems wil! involve a change of street name address or address num-
bers for sane City residents; that implementation of the required
changes will require initiative and prompt action on the part of the
City Admini-stration; and effective operation of the 9-1-1 system will
require that all future changes in street name designations be made in
a timely manner.
The City Manager recommended that Council adopt a uniform policy
and procedure for street naming standards as set forth in an attacl~ment
to the report, and adopt an Ordinance amending the Code of the City of
Roanoke to enable and authorize the City Manager to implement the
pol icy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28825) AN ORDINANCE amending §30-30, Street name signs, and
§30-31, House and lot numberin9 .system, and adding a new section
§30-34, Street names, and repealin9 §30-32, Master plan for house and
lot numbering; assignment of numbers, of and to Chapter 30, Streets and
sidewalks, Code of the City of Roanoke (1979), as amended, in order to
facilitate the naming and signing of streets in the City; and providing
for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 344.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... .---7.
NAYS: None ......... O.
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program is a cooperative program among
the Department of Housing and Urban Development (HUD), the Roanoke
Redevelopment and Housin9 Authority (RRHA) and the City of Roanoke to
encourage rehabilitation of privately-owned rental property; and the
program provides two types of subsidies:
Rehabilitation subsidies to property owners, equal
to one-third of rehabilitation costs up to $5,000/
apartment.
Rental subsidies to low-income tenants so they may
stay in the apartment after it is repaired and the
rent is increased. The tenants may use the subsidy
to move elsewhere.
It was explained that Roanoke's allocations in the previous three
years of the Rental Rehabilitation Program totalled $336,300.00 for
rehabilitation subsidies; that these allocations provided renovation to
70 apartment units in 38 buildings at a total cost of $1,134,690.00;
that allocations have included $70,000.00 supplemental award due to the
local Program's success; and Roanoke's allocation for the 1987 Program
is $143,000.00, for approximately 30 units accepted by Council on
July 27, 1987.
The City Manager pointed out that supplemental allocation of
$50,000.00 has been made to Roanoke by HUD for the 1987 Rental Rehab
Program; that the supplemental allocation has been made because of
Roanoke's timely and effective administration of previous allocations;
520
ACTION:
that no rental subsidies are provided in conjunction with this
$50,000.00 increase, however, the RRHA has agreed to use other rent
subsidies to support the units renovated with these funds; and execu-
tion of the grant agreement with HUD to accept the funds and of an
amended Memorandum of Understanding with the RRHA to specify the
arrangements between that agency and the City and to reflect the
increase are necessary to begin implementation of the Program.
The City Manager recommended that he be authorized to execute the
Grant Agreement with HUD accepting the additional $50,000.00 for the
1987 Rental Rehabilitation Program and the amended Memorandum of Under-
standing with the RRHA for administration of the program, all to be
approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28826) AN ORDINANCE accepting a supplemental Rental Rehabilita-
tion Program Grant from the United States Department of Housing and
Urban Development; authorizing the execution of the requisite grant
agreement; authorizing the execution of an amended memorandum of under-
standing with the City of Roanoke Redevelopment and Housing Authority
pertaining to the administration of the Program; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 345.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... 1.
NAYS: None
O®
ANNEXATION-CONSOLIDATION: The City Manager submitted a written
report advising that on July 28, 1986, he was authorized by Council to
proceed with a cooperative effort with the City of Salem to provide a
realigned segment of Keagy Road at its intersection with Apperson
Drive/Brandon Avenue; and Council also authorized the City Attorney to
initiate the appropriate measures to effect a boundary adjustment with
the City of Salem.
It was explained that realignment of Keagy Road has been accomp-
lished; that Salem and Roanoke officials have agreed to adjust the com-
mon boundary line between the two jurisdictions so that all of a 2.682
acre triangular parcel of land east of realigned Keagy Road and the new
right-of-way of the road itself will be annexed to the City of Roanoke;
and authority is required from Council to proceed to formalize the
boundary adjustment.
The City Manager recommended that Council authorize the appro-
priate City officials to execute an agreement between the City of
Roanoke and the City of Salem to effect the boundary adjustment in the
general form of a draft attached to the report, obtain City of Salem
official's execution of the agreement, appropriately advertise the new
boundary description, petition the Circuit Court to relocate the boun-
dary line and forward a certified copy of the Court's order to the
Secretary of the Commonwealth.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28827) AN ORDINANCE authorizing the Mayor to execute a certain
agreement between the City and the City of Salem relocating a portion
of boundary line between such political subdivisions; directing the
City Clerk to cause a description of such proposed new boundary to be
published as provided by law; directing that certain other actions
relating to the relocation of such boundary line be taken as provided
by law; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 346.)
521
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................. 7.
NAYS: None ...........................
SHERIFF: lhe City Manager submitted a written report concurring in
a report of the Bid Committee with reference to leasing of vehicles for
tile Sheriff's Department, recommending that Council accept the lowest
responsible bid as submitted by Magic City Motor Corporation, to lease
the following vehicles to the City of Roanoke for a period of 48
months:
One new 8 passenger van
One new 4 door full size sedan
$439.71 per month
364.12 per month
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28828) AN ORDINANCE providing for lease of two motor vehicles
for use by the Sheriff's Department, upon certain terms and conditions,
by accepting a bid made to the City for the lease of such vehicles; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 347.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ......... 6.
NAYS: None .......... O.
(Council member Bowers abstained from voting.)
REPORTS OF COMMITTEES:
AIRPORT: A report of the Roanoke Regional Airport Commission
advising that Airport Terminal development bids for the two primary
construction elements were opened before the Roanoke Regional Airport
Commission on August 13, 1987, and the apparent low bidders are as
fol 1 ows:
New Terminal Development "Building" - $9,487,800.00
Apparent low bidder - J. M. Turner & Co., Inc.
New Terminal Development "Site Development"
Alternate I - All work -
Alternate II - All work
except concrete -
Alternate III - All work
except concrete and asphalt -
$8,687,112.00
5,578,404.00
2,661,644.50
Bids remain valid until November 11, 1987.
It was explained that the contractor for site development will
prepare the site for the building contractor; that both contractors
wish to begin work as soon as possible in order to make progress prior
to winter weather; that Alternate III of the site development work is
the critical work element that needs to begin; that funds are available
522
for Alternate III work element project, including engineering and admi-
nistration; and the entire project development program needs approval
by Roanoke City Council and the Roanoke County Board of Supervisors in
order for the Commission to authorize project elements, including engi-
neering services, short term financing, long term financing, contingen-
cies and professional counsel.
It was advised that scheduling for project development approval is
anticipated as follows:
"Approval by Roanoke City Council and Board of
Supervisors on October 12, 1987, and October 13,
198, respectively, of the overall Airport Terminal
Development Project in accordance with a budget
attached to the report. Approval would authorize
the Commission to proceed with the project pro-
viding the project does not exceed the budget of
$25,587,477.00 without additional authority. This
approval is in accordance with the contract between
the City, the County and the Commission.
Approval of the overal 1 Airport Terminal
Development Project is al so requested wi th the
understanding that the Commission is authorized,
with the full faith and support of the governing
bodies in accordance with the contract between the
parties, to incur short term and long term debt in
accordance with the budget.
Approval of the Commission of Alternate ! Site
Development contract, and related engineering and
administrative cost, on October 14, 1987, subject
to Federal and State approval, however, only
authorizing notice to proceed on the Alternate III
work elements.
Approval of the building contract on or before
November 11, 1987. No federal funding is involved
in this construction element.
Approval of Alternate 'II and/or Site Development
work either or by November 11, 1987, or, with a
maximum additional cost of $113,500.00 by December
13, 1987, or, depending on the availability of
additional federal funding commitment, decision to
rebid those work elements."
It was recommended that the Roanoke City Council and the Roanoke
County Board of Supervisors authorize the Commission to do the
following:
"Proceed wi th the Airport 'Terminal Development
Project as above set forth.
Contract with Branch Highways, Inc., for Alternate
I of the site work with notice to proceed being
authorized for Alternate III site work initially
and other work elements only as the appropriate
funding becomes available. Funds are currently
available for Alternate III work element with asso-
ciated engineering and administrative expenses.
Approve amendment Number 2 Engineering Agreement
Terminal Development with Delta Associates, P. E.
with authorization to proceed being given as each
construction element work contract is authorized."
(For full text, see report on file in the City Clerk's Office.)
ACTION'
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#28829) A RESOLUTION approving certain capital expenditures by
the Roanoke Regional Airport Commission, upon certain terms and con-
ditions.
(For full text of Resolution, see Resolution Book No. 50, page 348.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ..........
-0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STADIUM-NATIONAL GUARD ARMORY-PARKS AND PLAYGROUNDS: Ordinance
No. 28808 accepting the bid of P & L Concessions, for certain con-
cession privileges to be exercised upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, October 5, 1987, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#28808) AN ORDINANCE accepting a bid for certain concession pri-
vileges to be exercised on City owned property upon certain terms and
conditions; and authorizing the execution of the requisite concession
agreement.
(For full text of Ordinance, see Ordinance Book No. 50, page 340.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............ 7.
NAYS: None .......... ,,..?. ~ ---0.
CITY PROPERTY: Ordinance No. 28809 authorizing the appropriate
City officials to execute documentation necessary to exchange a 30 foot
by 200 foot strip of land along the easterly boundary of the Washington
Heights Water Storage site with Maranatha Fellowship Church for a 0.217
acre portion of Church property on Wyoming Avenue, N. W., having pre-
viously been before the Council for its first reading on Monday,
October 5, 1987, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#28809) AN ORDINANCE authorizing the appropriate City officials
to execute a deed conveying certain property from the City to the
Maranatha Fellowship Church in exchange for certain other property to
be deeded by Marantha Fellowship Church to the City of Roanoke.
(For full text of Ordinance, see Ordinance Book No. 50, page 341.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None .......
MOTIONS AND MISCELLANEOUS BUSINESS:
Oe
INQUIRIES AND/OR COMNENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
523
524
OTHER HEARINGS OF CITIZENS:
INDUSTRIES: Mr. Garland offered the following Resolution reap-
pointing John J. Butler and Jack C. Smith as Directors of the
Industrial Development Authority for terms of four years each ending
October 20, 1991:
(#28830) A RESOLUTION reappointing two directors of the
Industrial Development Authority of the City of Roanoke, to fill unex-
pired terms on its board of directors.
(For full text of Resolution, see Resolution Book No, 50, page 348.)
ACTION: Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the roi)owing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None ......................
ARCHITECTURAL REVIEW BOARD: lhe Mayor advised that the four year
term of John W. Creasy as a member of the Architectural Review Board
expired on October 1, 1987, and called for nominations to fil] the
vacancy.
Mr. Garland placed in nomination the name of John W. Creasy.
There being no further nominations, Mr. Creasy was reelected as a
member of the Architectural Review Board for a term of four years
ending October 1, 1991, by the following vote:
ACTION: FOR MR. CREASY: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ............ 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:30 p.m.
ATTEST:
City Ci erk
APPROVED
Mayo r
525
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 19, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 19, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor .............. 7.
ABSENT: None .... ......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
m
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for the Wil)iamson Road Storm Drain, Phase 2, Contract II-A, Lower
Segment and Williamson Road West Sanitary Sewer Project, said bids to
be received by the City Clerk until 1:30 p.m., on Monday, October 19,
1987, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Aaron J. Conner General Contractor,
Inc.
Ramey, Inc.
Prillaman & Pace, Inc.
F. L. Showalter, Inc.
$1,498,057.35
1,990,006.80
2,207,998.00
2,451,669.00
Mr. Harvey moved that the bids be referred to a con~ittee to be
appointed by the Mayor for tabulation, report and rec~endation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for improvements to the tennis courts at Shrine Hill Park, said
bids to be received by the City Clerk until 1:30 p.m., on Monday,
October 19, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
526
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
S. R. Draper Paving Co., Inc.
L. H. Sawyer Paving Company, Inc.
$21,895.00
24,350.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert Ao Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be r~noved from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss the disposition of publicly
held property.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (al (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (al (2), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................... 7.
NAYS: None- O.
HOUSING: A report of qualification of Jo Anne Justis as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority
for a term of four years ending August 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None .............
BUILDING DEPARTMENT: A report of qualification of Edward S.
Col onna as an alternate member of the Board of Adjustments and Appeals,
Building Code, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ............ O.
m
ACTION:
SCHOOLS: A report of qualification of Malcolm C. Boggs as a
member of the Virginia Western Community College Board for a term
ending June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor-- ~7.
NAYS: None .............
.0.
527
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMONWEALTH'S ATTORNEY: A communication from Donald S.
Caldwell, Commonwealth's Attorney, recommending acceptance of the
Department of Criminal Justice Services Grant for the Victim/Witness/
Juror Assistance Program, in the amount of $17,225.00, and transfer of
$9,916.00 in local matching funds from the Commonwealth Attorney's
fiscal year 1987-88 budget, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
The Mayor advised that the Commonwealth's Attorney has requested
that the item be withdrawn from the agenda; whereupon, Mr. Bowers moved
that Council concur in the request. The motion was seconded by Mr.
Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
LICENSES-TAXES: The City Manager submitted a written report
advising that the City of Roanoke currently uses a metal tag license
for annual issuance to owners for all types of trailers (boat, camping,
utility, semi-trailers, etc.); that the current license issue process
involves $1.31 per license in addition to personnel and overhead; that
the CommHssioner of Revenue recommended that the City change to a decal
type license for all trailers in lieu of metal tags; and projected cost
per license using a decal in lieu of a metal tag is $.34 per license
excluding personnel and overhead.
It was explained that State regulations put no restrictions on the
size or placement of decal type licenses for trailers; that the
Commissioner of Revenue recommends using the same size and design of
decal as currently used for motor vehicles, and recommends placement on
the rear of the trailer near the state license plate, or next to the
state inspection sticker for those trailers with braking systems
requiring an annual inspection.
The City Manager advised that Sections 20-32(b) and 20-33 of the
City Code will require modification if the City is to switch to a decal
type license for all trailers, effective with the 1988-89 license year;
and projected first year savings amount to $1,940.00 based on 2,000
issuances.
The City Manager recommended that Council authorize the City
Attorney to prepare the necessary City Code revisions to allow the City
to switch to a decal type license for all types of trailers.
(For full text, see report on file in the City Clerk's Office.)
528
ACTION:
ACTION:
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28831) AN ORDINANCE amendin9 and reordainin9 subsection (b) of
§20-32, Plate, tag or decal - Issuance; contents and color of decals,
and §20-33, Same - Display, of the Code of the City of Roanoke (1979),
as amended, Lo provide that decals be issued for trailers and to
establish a location for placmnent of such decals.
(For full text of Ordinance, see Ordinance Book No. 50, page 359.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................... 7.
NAYS: None ......
-0.
SPECIAL PERMITS: The City Manager submitted a written report
advising that Counci) granted Dominion Bankshares, N. A., a permit in
October 1985 to decorate four pear trees on Campbell Avenue, S. W.,
subject to certain terms and conditions; and Dominion Bankshares has
requested permission to decorate the same trees again this year and has
agreed to the required terms and conditions.
The City Manager recommended that Council adopt the appropriate
measure, in a form acceptable to the City Attorney, containing the
amount of insurance recommended by the Risk Manager, to allow Dominion
Bankshares, N. A., to decorate four pear trees on Campbell Avenue,
S. W.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#28832) A RESOLUTION authorizing a revocable permit to Dominion
Bankshares, N.A., for the attachment or installation of certain holiday
decorations to certain City-owned pear trees on Campbell Avenue, S. W.
upon certain terms and conditions. '
(For full text of Resolution, see Resolution Book No. 50, page 355.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Trout .......... -6.
NAYS: None ........ O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors, Dominion Bankshares, N.A.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that Council entered
into an agreement on April 13, 198/, to renovate the Knights of Pythias
Building for the Fifth District Employment and Training Consortium, at
a cost not to exceed $58,500.00; that member jurisdictions of the
Consortium gave up twenty of their designated slots to serve clients in
their jurisdictions in exchange for the City providing office space for
the agency; that renovation of the building was originally scheduled to
be completed by July 1, 1987; and bids were requested for the renova-
tion work on May 24, 1987, and Council received and opened the bids on
June 15, 1987.
It was explained that all bids for renovation to the Knights of
Pythias Building were rejected by Council on July 27, lg87; that
Council will be asked to rebid the project later with a new target date
of completion to be March, 1988; that the delay in renovating the
building is causing the Consortium to have a budget deficit of
$14,400.00, which is the amount of rent the Consortium will have to pay
ACTION:
ACTION:
for the period July 1, 1987, through March 31, 1988; and the Consortium
recently consolidated its client services and administrative operations
in order to utilize one floor of its current facility to reduce rental
expenses.
The City Manager recommended that Council appropriate $14,400.00
to the Consortium for office space from the contingency reserve fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(~28833) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Consortium Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 356.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ --7.
NAYS: None ....... O.
BUDGET-YOUTH-GRANTS: The City Manager submitted a written report
advising that the Roanoke City Office on Youth applied for one of five
mini-grants, in the amount of $1,500.00, from the State Department of
Corrections Lo print and distribute a Youth Employment Package; that
unemployment/underemployment is one of the high risk indicators that
leads to delinquent behavior among young people; that the Youth
Services Citizen Board Employment Committee recommended that a Youth
Employment Package be developed in order to assist young people in
their efforts Lo seek employment; that the Youth Employment Package
will consist of information on issues such as transportation, worker's
permits and employment/training opportunities; and an evaluation has
been developed to assess its impact.
It was explained that the Office On Youth received notification
from the Department of Corrections that the City was awarded one of the
mini-grants, in the amount of $1,500.00, for printing and distribution
of the Youth Employment Package.
The City Manager recommended that Council authorize acceptance of
the Department of Corrections Mini-Grant No. A-6358J-3E through the
execution of the proper forms by the City Manager; and appropriate
$1,500.00 and establish a revenue estimate account within the Grant
Fund for the Department of Corrections Mini-Grant.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28834) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 357.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ....... O.
Mr. Harvey offered the following Resolution:
529
530
ACTION:
ACT[ON:
(#28835) A RESOLUTION authorizing the acceptance of Minigrant No.
A-6358J-3E made to the City of Roanoke by the Commonwealth of Virginia
Department of Corrections and authorizing the acceptance, execution and
filing of the proper forms with the Department of Corrections for this
grant for the purpose of printing and distributing a Youth Employment
Package implemented by the City's Office on Youth.
(For full text of Resolution, see Resolution Book No. 50, page 357.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... _ ............. 7.
NAYS: None .......
.0.
BUDGET-HEATLH DEPARTMENT: The City Manager submitted a written
report advising that the total budget request for the Roanoke City
Health Department for fiscal year 1987-88 was $2,238,511.00
($2,638,511.00 less estimated revenue of $400,000.00); that the City
Manager recommended and Council adopted $9/6,015.00 as the local share
of normal operating expenses for the Roanoke City Health Department for
fiscal year 1987-88; that the State's share under this funding level
would be $1,192,907.00, for a total Health Department budget of
$2,168,922.00; that subsequently, the State Health Department allocated
$1,226,814.00 as their share or an increase of $33,907.00; and the
total Health Department budget for fiscal year 1987-88 is
$2,230,570.91.
It was explained that the City's share of the Health Department's
fiscal year 1987-88 budget requires an additional $27,741.91 for a
total of $1,003,756.91 to match State allocation and to maintain
current Health Department services; that the local Health Department is
operating under a reduced services schedule due to limited funding; and
ten contractual part-time positions cannot be continued without the
additional matching City funds according to the Health Director.
The City Manager recommended that Council transfer $27,741.9I in
matching funds to the fiscal year 1987-88 budget of the Roanoke City
Health Department, Account No. 001-054-5110-3700, from the Contingency
Reserve Account No. 001-002-9410-2199.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28836)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 358.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... --7.
NAYS: None ....... -0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28816 permanently vacating,
discontinuing and closing an alley 14.66 feet in width and 349.4 feet
in )ength situated between Official Tax Nos. 3042002 and 3042007, and
any further portion of said alley as it may extend to Orange Avenue,
N. E., on maps other than the City's Official Map, having previously
been before the Council for its first reading on Monday, October 12,
1987, read and adopted on its first reading and laid over, was again
before the body, Mr. Bowers offering the following for its second
reading and final adoption:
531
(#28816) AN ORDINANCE permanently vacating, discontinuing and
closing public right-of-way in the City of Roanoke, Virginia, as is
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 349.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... 7.
NAYS: None ............ O.
ZONING: Ordinance No. 28817 rezoning property located at 23 24th
Street, N. W., designated as Official Tax No. 2311102, containing
approximately 0.41 acre, from LM, Light Manufacturing District, to
RM-4, Residential Multi-Family High Density District, subject to cer-
tain proffered conditions, having previously been before the Council
for its first reading on Monday, October 12, 1987, read and adopted on
its first reading and laid over, was again before the body, Mr, Bowers
offering the following for its second reading and final adoption:
(#28817) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 231, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 350.)
ACTION: Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None ........... O.
STREETS AND ALLEYS: Ordinance No. 28818 permanently vacating,
discontinuing and closing Shadeland Avenue, N. W., approximately 845
feet in length, 50 feet wide, from loth Street, N. W., to its easterly
terminus, having previously been before the Council for its first
reading on Monday, October 12, 1987, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#28818) AN ORDINANCE permanently vacating, discontinuin9 and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 351.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None ............
-0.
ZONING: Ordinance No. 28819 amending Division 3, Commercial
District Regulations, of Article II, District Regulations, of Chapter
36.1, Zoning, Sections 36.1-164 and 36.1-165, and adoption of a new
Section 36.1-174, of the Code of the City of Roanoke (1979), as
amended, in order to provide for neighborhood shoppin9 centers in such
district, and otherwise to amend such regulations, having previously
been before the Council for its first reading on Monday, October 12,
1987, read and adopted on its first reading and laid over, was again
before the body, Mr. Harvey offering the following for its second
reading and final adoption:
ACTION:
ACTION:
ACTION:
(#28819) AN ORDINANCE amending Division 3, Commercial District
Regulations, of Article II, District Regulations, of Chapter 36.1,
Zoning, Code of the City of Roanoke (1979), as amended, in order to
amend certain of the zoning regulations pertaining to the CN, Neighbor-
hood Commercial Districts.
(For full text of Ordinance, see Ordinance Book No. 50, page 352.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... .--7.
NAYS: None .......
o
ZONING: Ordinance No. 28820 rezoning property located at 3804
Brandon Avenue, S. W., bearing Official Tax No. 5180304, and containing
approximately 18.3 acres, from RS-l, Residential Single Family
District, to RM-2, Residential Multi-Family District, subject to cer-
tain proffered conditions, having previously been before the Council
for its first reading on Monday, October 12, 1987, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28820) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 518, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 354.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT: Mr. Bowers
Resolution recognizing the election of C.
President of the New Mexico State Bar:
offered the following
Emery Cuddy, Jr., as
(#28837) A RESOLUTION recognizing the election of a Roanoke City
native, C. Emery Cuddy, Jr., as President of the New Mexico State Bar.
(For full text of Resolution, see Resolution Book No. 50, page 359.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... --1.
NAYS: None ........
O.
WATER DEPARTMENT: Council member Trout expressed concern over the
reported increase in cost or the proposed Spring Hollow Reservoir,
advising that news reports indicate that the estimated cost has
increased from $38 million to over $51 million. He pointed out that if
the cost continues to increase, it could reach a point v~ere it would
no longer be feasible for the City of Roanoke to participate in the
project with Roanoke County. He asked if the City Manager has given
any consideration to a figure whereby the City should consider another
alternative for its future water supply needs.
533
The City Manager advised that it would be difficult to provide a
figure at the present time because he does not know the size or the
yield that will be approved by the Corps of Engineers. He further
advised that when hard facts are received from the Corps of Engineers,
he will provide Council with a thorou§h briefing.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:30 p.m.
I APPROVED ~
City Clerk Mayor
534
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 26, 1981
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 26, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
"('1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert~A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, .D~id~A.. ~Bow.~cs a~d~ayor
Noel C. Taylor ........... ~ ......7.
ABSENT: None .......
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
William X Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend J. C. Lanning,
Retired Pastor, Central Baptist Church.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
FIRE DEPARTMENT: Pursuant to notice of advertisement for bids for
alterations and additions to Fire Station No. 1, 13 East Church Avenue,
said bids to be received by the City Clerk until 1:30 p.m., on Monday,
October 26, 1987, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER TOTAL BASE BID
Construction Services of Roanoke,
Inc.
Acorn Construction, Ltd.
Breakell, Inc.
Building Specialists
Q. M. Tomlinson, Inc.
$84,138.00
84,895.00
93,700.00
96,000.00
99,000.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted. *
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately, He called specific attention to a
request for an Executive Session to discuss a personnel matter.
535
MINUTES: Minutes of the regular meetings of Council held on
Monday, Octqber 12, 1987; and Monday, October 19, 1987, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
ACT[ON:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................................ 7.
NAYS: None- O.
RADIO-TELEVISION: A communication from B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
mary of Cox Cable Roanoke's status as of September 30, 1987, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
ACT[ON:
Mr. Trout moved that the communication and su.~mary be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None-- O.
LIBRARIES: A report of qualification of Philip C. Coulter as a
member of the Roanoke Public Library Board for a term endiag June 30,
1990, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
INDUSTRIES: A report of qualification of Jack C. Smith as a
Director of the Industrial Development Authority of the City of Roanoke
for a term of four years commencing October 21, 1987, and ending
October 20, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mm-. Bowers and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None ........................
.0.
COUNCIL: A communication from Council member James G. Harvey, II,
requesting that Council meet in Executive Session to discuss a person-
nel matter, pursuant to Section 2.1-344 (al {1), Code of Virginia
{1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of Mr. Harvey
to convene in Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
536
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None .................... O.
REGULAR AGENDA:
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $175,000.00 for a Special
Education Tuition Grant to provide funding for the placement of special
education students at the direction of the State Department of
Education, advising that the program is one hundred per cent reimbursed
by State funds; and further requesting appropriation of $5,358.00 for
the GED Testing Program to provide instructors for administration of
the GED examinations, said program to be funded with student fees, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the Special
Education Tuition Grant is funded with one hundred per cent State
funds, and the GED Testing Program is funded entirely by student fees,
and recommending that Council concur in the requests of the School
Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28838) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 360.)
Mr. Trout moved tile adoption of the Ordinance. The mo~:ion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....... 7.
NAYS: None .......
Oe
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager having previously
placed a report on the agenda with regard to Change Order No. 2, Storm
Drain Relocation, Exxon Roanoke Terminal, Hollins Road and Rhodes
Avenue, N. E., the Assistant City Manager orally requested that the
report be withdrawn.
Mr. Bowers moved that Council concur in the request. The motion
was seconded by Mr. Harvey and unanimously adopted.
SEWERS AND STORM DRAINS: The Assistant City Manager submitted a
written report of the City Manager concurring in a report of the Bid
Committee, with reference to flow monitoring equipment.
The committee advised that a letter from the State Water Control
Board, under date of June 26, 1987, required downstream flow measure-
ment in the Tinker Creek and Glade Creek Interceptors as a condition of
ACTION:
ACTION:
approval of the Glade Creek Sewer Extension to accommodate the Roanoke
Centre for Industry and Technology; that included with the letter is
an additional stipulation and requirement that all future extensions
must include downstream flow analysis; that the City's Utility Division
has been performing a regular ~nspection program by visually checking
sewer systems for critical sections of inflow, infiltration and
surcharge conditions and sending regular reports of the results to the
Water Control Board, and although this program has been and will con-
tinue to be beneficial, it does not satisfy the Board's requirement of
low measurement and analysis.
It was explained that in order to comply with the State Water
Control Board's ruling, the City of Roanoke must now establish a flow
monitoring program wi th adequate equipment to speci fically measure the
amount of flow in various sewer lines during both dry and wet weather
in order to perform the proper and accurate analysis which will require
the purchase of specific equipment to accomplish the task; that
the Department of General Services publicly advertised for and received
bids for the purchase of the necessary flow monitoring equipment on
October 14, 1987; and the low bid, in the amount of $25,055.00, was
submitted by Marsh McBirney, Inc., of Gaithersburg, Maryland.
The committee recommended and the City Manager concurred in the
recommendation that Council authorize the purchase of flow monitoring
equipment, in the amount of $25,055.00, from Marsh McBirney, Inc., and
reject the other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28839) AN ORDINANCE providing for the purchase of flow moni-
toring equipment, upon certain terms and conditions, by accepting a bid
made to the City for furnishing and delivering such equipment; reject-
ing other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 361.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............................ 7.
NAYS: None .................
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of September, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and unanimously adogted.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for improvements to Shrine Hill Park Tennis Courts, presented
a written report on behalf of the committee, recommending that Council
award a lump sum contract to S. R. Draper Paving Company, Inc., to per-
form all work included in the Base Bid, in tt, e amount of $21,895.00,
and construction time of sixty consecutive calendar days; that a job
contingency of $2,105.00 be established, for a total project consLruc-
Lion cost of $24,000.00; that $7,000.00 be transferred from the General
Fund Capital Reserve Account No. 001-002-9410-2200, to the Shrine Hill
Park Tennis Court Renovation Account No. 008-0509545-9003; and reject
all other bids.
537
538
ACTION:
ACTION:
ACTION:
A report of the City Manager concurring in the reco~aendation of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following ~nergency budget Ordinance:
(#28840) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 362.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- --7.
NAYS: None ..........................
-0.
Mr. Garland offered the following emergency Ordinance:
(#28841) AN ORDINANCE accepting the bid of S. R. Draper Paving
Company, Inc., for renovations to certain tennis courts, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting the other bid made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................. 7.
NAYS: None .....................
Oe
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
LICENSES-TAXES: Ordinance No. 28831 amending and reordaining sub-
section (b) of §20-32, Plate, ta9 or decal - Issuance; contents and
color of decals, and §20-33, Same - Display, of the Code of the City of
Roanoke (1979), as amended, to provide that decals be issued for
trailers and to establish a location for placement of such decals on
the rear of the trailer near the state license plate, or next to the
state inspection sticker for those trailers with braking systems
requiring an annual inspection, having previously been before the
Council for its first reading on Monday, October 19, 1987, read and
adopted on its first reading and laid over, was again before the body,
Mr. Musser offering the following for its second reading and final
adoption:
(#28831) AN ORDINANCE amending and reordaining subsection (b) of
§20-32, Plate, ta9 or decal - Issuance; contents and color of decals,
and §20-33, Same - Display, of the Code of the City of Roanoke (1979),
as amended, to provide that decals be issued for trailers and to
establish a location for placement of such decals.
(For full text of Ordinance, see Ordinance Book No. 50, page 359.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None .......... O.
539
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND t,IEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:20 p.m.
City C] erk
APPROVED
Mayor
540
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 2, 1987
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 2, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Robert A. Garland (arri%ed at ~2:0Y p.m.),
James G. Harvey, II, Howard E. Musser, James O. Trout~D~i~lid A., Bowe4~,,
Elizabeth T. Bowles (arrived at 2:05 p.m.), and Mayor Noel C. Taylor ........ -~-7.
ABSENT: None ....... ----0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Steven Teague,
Pastor, Calvary Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ELECTIONS: Mr. Yancey Cobb, a student at Patrick Henry High
School, and Chairman of the Election Committee of the local chapter of
Vocational Industrial Clubs of America, appeared before Council and
presented each member with a flyer urging citizens to vote on
November 3, 198/.
(See flyer on file in the City Clerk's Office.)
The Mayor also urged that citizens exercise their right to vote on
November 3, and called attention to the fact that the proposed bond
issue will be included on the ballot for approval or disapproval by the
citizens of the City of Roanoke.
At 2:05 p.m., Council member Bowles entered the meeting.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, October 26, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............. 6.
NAYS: None .........
(Council member Garland had not arrived.)
ACTION:
ACTION:
PENDING LIST: A list of items pending from July 10, 1978, through
October 26, 1987, was before Council.
(See pending list on file in tile City Clerk's Office.)
Mr. '[rout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ................... O.
(Council member Garland had not arrived.)
HOUSING-ANNUAL REPORTS: A communication from Council member
David A. Bowers transmittin9 the 1986-87 Annual Report of the City of
Roanoke Redevelopment and Housing Authority, was before the body.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. Trout moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........... 6.
NAYS: None ............
(Council member Garland had not arrived.)
At 2:07 p.m., Council member Garland entered the meeting.
541
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from
Donald S. Caldwell, Commonwealth's Attorney, advising that the
Victim/Witness/Juror Program was designed to recognize and address the
needs of victims and witnesses in the Roanoke City Criminal Justice
System and to continue the commitment for citizen support; that the
Program was developed and utilized volunteers in the court system to
provide services to support the needs of victims, witnesses and jurors;
that a program was submitted to the State with a request for full
payment funding and a start-up grant was issued on July 1, 1984, in the
amount of $16,202.00, for fiscal year 1984-85, subject to proportional
annual local funding to be approved each year; that Council accepted
the start-up grant in September, 1984, and hired a full-time Program
Coordinator in October, 1984; and Council accepted the second year of'
the Program Grant in September 1985, and appropriated $2,430.00 for
fiscal year 1985-86 as the City's first year proportional share, sub-
ject Lo terms of the original agreement (15% of $16,202.00).
It was further explained that in October, 1985, the City Manager
approved the new classification of the Victim/Witness Coordinator posi-
tion at Pay Grade 09, and the full-time coordinator received a salary
increase of $3,108.00, with the additional expense of the salary
increase being transferred from the Commonwealth's Attorney's 1985-86
budget to the Victim/Witness Grant budget; that Council accepted the
third year of the Program Grant in August, 1986, and appropriated
$2,430.00 for fiscal year 1986-87 as the City's local cash match and
$4,145.00 as a salary supplement for the Coordinator; that in April,
1987, a request for a new 9rant was submitted by the Coordinator when
additional state funds became available; and in June, 1987, the Program
Grant was extended from June, 1987 through November, 1987.
542
The Commonwealth's Attorney advised that the Victim/Witness/Juror
Program has been awarded a seven month grant, in the amount of
$17,225.00, for the period of November, 1987 through June, 1988, which
will be matched by a local cash match of $9,916.00 (including salary
supplement), for a total grant budget of $27,141.00; that the Program
continues to operate with a full-time Coordinator, as we)! as a part-
time Victim/Witness Advocate for Juvenile & Domestic Relations District
Court; that the Program is coordinated by the Office of the Common-
wealth's Attorney and the Commonwealth's Attorney's budget for fiscal
year 1987-88 included a local cash match grant fund of $9,916.00.
The Commonwealth's Attorney recommended that Council authorize the
acceptance of and participation in the Department of Criminal Justice
Services Grant No. 87A6524 for the Victim/Witness/Juror Assistance
Program, in the amount of $17,225.00, with the City providing a local
cash match, in the amount of $9,916.00, (including salary supplement)
from the monies provided in the Commonwealth's Attorney's fiscal year
1987-88 budget; that the City Manager be authorized to sign and execute
al) appropriate documents to obtain the grant; and that Council appro-
priate $17,225.00 in State grant funds and transfer $9,916.00 in local
matching funds from General Fund Account No. 001-026-2210-9536 to the
Grant Fund into accounts to be established by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(~28842) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
ACTION:
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 363.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ........
Mr. Bowers offered the fo)lowing Resolution:
(#28843) A RESOLUTION authorizing the acceptance of Grant No.
87-A6524 made to the City of Roanoke by the State Department of
Criminal Justice Services for a Victim/Witness/Juror Program and
authorizing the execution and filing by the City Manager of the con-
ditions of the grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 50, page 364.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the fo)lowing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ......... ----7.
NAYS: None ........
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report received and filed. The motion
was seconded by Mr. Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ACTION:
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that the Food Stamp Program was made mandatory on
July 1, 1974; that the program provides a way for low income families
to subsidize their income by providing, at government expense, edible
food items; and Roanoke City has participated in the program since
July 1, 1974, and has utilized the following methods to issue food
coupons to eligible persons:
1974-1981 - Authorization to Participate Cards were
mailed to eligible persons and redeemed for food
coupons at the City's Office of Billings and
Collections.
1981-1986 - eligible persons received food coupons
over-the-counter at the Office of Billings and
Collections.
August 1986 - July 1987 - City contracted with Cost
Containment, Inc., to mail food coupons to eligible
persons.
It was explained that the contract with Cost Containment, Inc.,
expired on July 31, 1987, and was not renewed because Cost Containment
would not continue to absorb the liability of coupons lost in the mail
which averaged $6,000.00 per month; that the City of Roanoke has
advertised for bids Lo contract a combination of over-the-counter and
mail issuance of food stamps; that one bid was submitted by Cost
Containment Lo provide this service; and the Department of Social
Services has requested permission to enter into a contract with Cost
Containment, Inc., for the following services:
Inventoring and packaging coupons ready for issu-
ance by Social Services staff, over-the-counter, to
recipients at 215 W. Church Avenue.
Mailing coupons to those families identified by
Social Services staff as approved for mail
issuance.
Preparation of certain monthly reports for U. S.
Department of Agriculture.
The City Manager recommended that Council authorize execution of a
contract with Cost Containment, Inc., to inventory and package coupons
for over-the-counter issuance by Social Services staff; and that the
Department of Social Services be authorized to employ two staff persons
at Grade 5, Clerk Typist, utilizing funds already appropriated in the
fiscal year 1987-88 budget for the Food Stamp Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28844)
the 1987-88
emergency.
AN ORDInaNCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 365.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ................ 7.
NAYS: None ....... O.
543
544
ACTION:
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#28845) AN ORDINANCE authorizing a contract with Cost
Containment, Inc., providing for the inventory and package of food
stamps and the mail issuance of food stamps, and the preparation of
certain monthly reports for the United States Department of
Agriculture; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book'No. 50, page365.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ........ .7.
NAYS: None ..... -0.
TOTAL ACTION AGAINST POVERTY-HOUSING: The City Manager submitted
a written report advising that the City Manager's Task Force on the
Homeless reported in its recommendations the need for transitional
housing in order to provide people with shelter while looking for
emplo~nent and more permanent housing; and Total Action Against Poverty
plans to open such a facility at 23 24th Street, N. W., and previously
appeared before Council on October 12, 1987, to request rezoning from
LM, Light Manufacturing District, to RM-4, Residential Multi-Family
High Density District, which request was approved.
It was explained that the Mayor's Office was notified on
October 20, 1987, by the Virginia Housing Development Authority that in
order for TAP to be considered for VttDA funding, the governing body of
the locality has the opportunity to approve or disapprove the proposed
housing development by certifying to the Authority, in writing, within
60 days; that the 60 day waiting period may be waived if Council
approves a Resolution for the proposed housing development; and TAP
requests that Council authorize the Mayor to sign a Certification of
Approval.
The City Manager recommended that Council adopt a Resolution of
support of TAP's proposed transitional housing shelter; and authorize
the Mayor to sign the Certification of Approval.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28846) A RESOLUTION approving the multi-family housing develop-
ment facility to be developed by Total Action Against Poverty in
Roanoke Valley, Inc., at 23 24th Street, N. W.
(For full text of Resolution, see Resolution Book No.'50, page 366.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or ......... ~ ---7.
NAYS: None .........
-0.
BUDGET-LIBRARIES-GRANTS: The City Manager submitted a written
report advising that a Library Services and Construction Act Title I
Grant for $8,318.00 has been awarded to the Roanoke City Public
Library; and the Library ~is a sub-regional library for the visually
impaired and physically handicapped, serving the special populations of
the Fifth Planning District through its Extension Services Department.
It was explained that the goal of the Library Extension Services
Department is to enhance library service by making library resources
more accessible to special populations; that service to the visually
and hearing impaired must be designed to meet the special needs of
each patron; that the library system constantly seeks to improve and
expand its services to the special population by adding new equipment
to provide greater access to a larger variety of library materials for
ACTION:
benefit and pleasure; that the grant is for the purchase of equipment
to improve services to the handicapped and must be expended by June 1,
1988; and the Library Administration recommends that the grant of
$8,318.00 be used to purchase the following:
Seven telecommunication devices for the deaf (TDDs)
which are electronic devices that allow the hearing
impaired to make telephone calls through written,
rather than spoken, communication.
One telephone and dedicated line (to be located at
the Central Library and used with one of the TDDs
there).
One Telex cassette duplicator and 100 blank casset-
tes.
One closed circuit TV system enlarger (to be
located near Reference Resources at the Central
Library).
The City Manager recommended that Council accept the Library
Services and Construction Title I Sub-Regional for the Blind Grant, in
the amount of $8,318,00, and appropriate the funds to the Library
fiscal year 1987-88 budget, as follows:
$7,491.00 to Equipment, Account No. 001-054-7310-
9016.*
$600.00 to Telephone, Account No. 001-054-7310-
2020.
$227.00 to Supplies, Account No. 001-054-7310-2030.
*Account No. 001-054-7310-9016 to be established by
the Director of Finance.
The City Manager further recommended that Council establish a
revenue estimate of $8,318.00 for the LSCA Title I Grant; and authorize
the City Manager or his designee to execute the necessary documents
accepting the grant.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28847)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book-No. 50, page 366.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr, Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ .--7,
NAYS: None ........
O.
Mrs. Bowles offered the following emergency Ordinance:
(#28848) AN ORDINANCE accepting a Library Services and Construc-
tion Act (LSCA) Title I Grant for the Roanoke City Public Library.
(For full text of Ordinance, see Ordinance Book No. 50, page 367.)
545
546
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None .................
GRANTS-HOUSING: The City Manager submitted a written report advi-
sing that the Vacant Lot Homesteading Program was developed to reduce
the number of vacant, neglected lots in the City's neighborhoods by
helping responsible parties buy the lots; that loans of federal funds
made by the City under the Program cover the purchase price up to
appraised value, services of a realtor in some cases, legal fees, costs
to clear the lot initially in cases where needed, and other reasonable
expenses; and current available funding approved by the City for the
Vacant Lot Homesteading Program is approximately $9,400.00, all from
Community Development Block Grant funds.
It was explained that five additional candidate lots have been
identified as appropriate for the Program, have been escheated by the
State and are scheduled to be auctioned this fall; that contracts with
intended buyers of the vacant lots must be executed to commit each Lo
buy the lot if it is available and to maintain it after it is tran-
ferred to the buyer, which commitments from property owners adjacent Lo
the vacant lots have been obtained; that funds are available in CDBG
Account No. 035-084-8420-5104 which are approved and established for
the Vacant Lot Homesteading Program; and any delinquent tax, weed, or
demolition liens held by the City against any lot will be paid from the
proceeds of sale of said lot, Lo the limit of the proceeds of sale
after expenses of the sale.
The City Manager recommended that Council take the following
actions:
Authorize the City Manager or his designee to exe-
cute contracts with appropriate parties to acquire
and maintain the vacant lots identified on an
attachment to the report, in accordance with the
Vacant Lot Homesteading Program approved by Council
on July 25, 1983, the contracts to be approved as
to form by the City Attorney.
Authorize deferred payment forgiveable loans from
CDBG Vacant Lot Homesteading Account No. 035-0848-
420-5104, in amounts to be determined in each case
pursuant to the approved Vacant Lot Homesteading
Program, to the appropriate buyers for purchase
and related expenses for the transfer of the lots
identified on the attachment.
Authorize the City Attorney and the Director of
Finance to serve as trustees of each deed of trust
on each loan extended to buyers of the lots iden-
tified on the attachment under the Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28849) AN ORDINANCE authorizing the City Manager to execute
Agreements for Acquisition and Maintenance of Vacant Lot with certain
purchasers of vacant lots under the City's Vacant Lot Homesteading
Program; authorizing the City Attorney and Director of Finance to exe-
cute deeds of trust securing loans made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute certificates of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 367.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ......
-0.
GRANTS-CITY MARKET BUILDING: The City Manager submitted a written
report advising that the City currently has available in unexpended
Co~unity Development Block Grant budget funds $2,215,000,00 for 24
community development projects; that this amount represents the unex-
pended balance of all CDBG funds awarded by the Department of Housing
and Urban Development to the City of Roanoke; that the City of Roanoke
expends an average of $200,000.00 of these funds each month for pro-
jects and administration; that the potential exists for utilizing a
large portion of these temporarily idle funds, $1,500,000.00 to
$1,900,000.00 for short-term financing of community and economic deve-
lopment projects which are CDBG eligible; and funds advanced by HUD to
the City of Roanoke can be loaned and secured by a Letter of Credit
ensuring the availability of the funds for use on approved projects,
and interest charged by the City for use of the funds becomes a source
of additional revenue to the City.
It was explained that Council amended the 1986-87 CDBG Program and
Budget to provide for this type of "float", short-term financing for
economic development or housing on August 11, 1986; that Council
adopted the 1987-88 CDBG Program and Budget on April 13, 1987, and
included provision for a $962,000.00 short-term, low-interest rate loan
to Downtown Associates to promote the creation and retention of jobs in
the City Market Building, and, by agreement, the City of Roanoke would
charge Downtown Associates three per cent interest per year for two
years.
547
It was noted that HUD has indicated that the proposed loan
"appears to be consistent with information available at the time on
CDBG floats", but it has made clear to the City that the decision to
approve or disapprove a float, as well as the responsibility to ensure
compliance with all applicable laws and regulations, rests with the
City; that the loan has been determined to be necessary and appropriate
to the City's community development efforts; that the City Market
Building is the focal point of the City's downtown revitalization
efforts; that a substantial number of low and moderate income level
jobs as well as minority businesses have been created by the project;
that in an effort to ensure viability of this essential project and to
preserve low and moderate income level jobs, minority businesses and to
further encourage the creation of new low and moderate income jobs,
Downtown Associates has requested the use of the CDBG "Float" loan
program to offset the high interest rates they are presently paying;
and Downtown Associates is unable to refinance its Industrial Revenue
Bonds to take advantage of the lower rates due to changes in the laws
affecting the use of Industrial Revenue Bonds.
The City Manager recommended that he be authorized to execute an
agreement between the City of Roanoke, Downtown Associates and Dominion
Bank, N. A., extending to Downtown Associates, for the purpose of refi-
nancing the rehabilitation and redevelopment of the City Market
Building, a loan of $962,000.00 at three per cent interest per year for
a period not to exceed two years, secured by a note, and an uncon-
ditional and irrevocable Letter of Credit issued by Dominion Bank,
N. A., with the closing and commencing of the loan to occur prior to
5:00 p.m., on November 30, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
548
ACTION:
ACTION:
(#28850) AN ORDINANCE authorizin9 the execution of an agreement
by and mnong the City, Downtown Associates and Dominion Bank, National
Association, providing for the short-term loan of $962,000.00 in
Community Development Block Grant funds to Downtown Associates for the
purpose of refinancing its rehabilitation and redevelopment of the City
Market Building, upon certain terms and conditions; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 369.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers and
Bowles -5.
NAYS: None ....................
O.
(Mayor Taylor abstained from voting inasmuch as he serves on the Board
of Directors, Dominion Bank, N. A.) (Council member Harvey abstained
from voting).
BUDGET-TRAFFIC-STATE HIGHWAYS-RAILROADS: The City Manager sub-
miLLed a written report advising that on October 5, 1987, Council
requested that the Virginia Department of Transportation program a pro-
ject for installation of safety devices at Berkley Road, N. E., railway
crossing; and the safety devices, consisting of flashing signals and
short arm gates to be installed by the Norfolk & Western Railway
Company, would improve the safety for the increasing number of moto-
rists and pedestrians crossing the railway.
It was explained that the Highway Department is ready to authorize
the Norfolk & Western Railway Company to begin installation of the
safety devices at the railway crossing on Berkley Road; that the City
must execute the City-State-Railway Agreement before such authorization
can be given by the Highway Department to the Railway; and the City's
share of the cost for the project is:
Estimated at $4,535.00 (5% of estimated project
cost of $90,700.00).
Includes $615.00 for annual maintenance of safety
devices (50% of maintanence cost of $1,230.00),
which rate shall be adjusted at the end of any
calendar year if deemed proper and agreed upon by
the Railway and the City. This is a standard main-
tenance agreement for such crossings.
The City Manager recommended that he be authorized Lo execute the
City-State-Railway Agreement on behalf of the City, in a form accep-
table to the City Attorney; and that Council approve transfer of
$4,842.00 (estimated cost plus contingency) from Capital Improvement
Reserve - Streets and Bridges Account No. 008-052-9575-9181, to an
account to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28851)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 369.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
AYES:
Mayor Tayl or--
Council members Garland, Harvey, Musser, Bowers, Bowles and
NAYS: None .....................................
(Council member Trout abstained from voting.)
Mr. Garland offered the following Resolution:
(#28852) A RESOLUTION authorizing the execution of an agreement
among the City, the Commonwealth of Virginia, and the Norfolk and
Western Railway Company for the installation and maintenance of a
railway crossing safety device at the Berkley Road, N. E., crossing.
(For full text of Resolution, see Resolution Book No. 50, page 370.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Bowers, Bowles and
Mayor Taylor ........ 6.
NAYS: None ...................... O.
(Council member Trout abstained from voting.)
DIRECTOR OF FINANCE:
BUDGET-GRANTS-YOUTH: The Director of Finance submitted a written
report in connection with close-out of Youth Services Grant 86-I-7,
advising that the grant ended on June 30, 1987, and funding and expen-
ditures are as follows:
State Roanoke Total
Funding $33,811.00 $10,306.00 $44,117.00
Expenditures 33,497.00 10,306.00 43,803.00
Unexpended $ 314.00 $ --- $ 314.00
It was explained that total appropriation for the grant was
$44,117.00; that actual funding received was $44,11/.00 and total
expenditures were $43,803.00; and of funds received, $314.00 in State
funds remain unspent and will be returned to the State.
The Director of Finance recommended that:
The grant be closed.
Unexpended funds in the amount of $314.00 be
returned to the State.
The following appropriation and revenue adjustments
be enacted:
Regul ar Employee
Wages
Overtime Wages
ICMA
FICA
Life Insurance
Administrative
Suppl les
Training and
(035-052-8724-1002)
(035-052-8724-1003)
(035-052-8724-1115)
(035-052-8724-1120)
(035-052-8724-1130)
(035-052-8724-2030)
$(847.oo)
27.00
11.00
190.00
5.00
304.00
Development (035-052-8724-2044) ( 4.00)
State Grant Revenue (R035-035-1234-7002) (314.00)
(For full text, see report on file in the City Clerk's Office.)
549
550
ACTION:
ACTION:
Mr. Harvey offered the following emergency budget Ordinance:
(#28853) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 370.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............. .---7.
NAYS: None--
-0.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee, recommending that the City of Roanoke make
no application for Virginia's proposed fiscal year 1988 Revolving Loan
Program for Wastewater Facilities, and that any future applications
will depend on the timeliness of a specific project readiness and the
State's history, as it may develop, regarding interest rates.
A staff report explained that the Virginia Water Facilities
Revolving Fund was established by the General Assembly in 1986; that
the purpose of the Revolving Fund is to replace both Federal and State
sewage facilities construction grant programs by administering a
Federal Revolving Loan Program and adding a 20% State matching loan
program; that the Revolving Fund Program is anticipated to be initiated
with $45 million in Federal funds and $10 million in State matching
funds; and no project can be funded by a Revolving Fund Loan unless the
project is on the State approved eligible list.
It was further explained that the Virginia State Water Control
Board has developed an approved project eligible list totaling
$2,039,805,963.00; that the City of Roanoke is on that approved list
for a total funding need of $50,000,000.00; that this funding is pro-
jected to meet the $32,000,000.00 identified by the 1987 Sewerage
Facilities Plan, plus $18,000.00 in sanitary sewer system improvements;
that solicitation of the loan application has been made by the State
Water Control Board by letter dated October 16, 1987; and projects are
ranked on criteria established by the State Water Control Board to
determine their ranking, and Roanoke is ranked ninth out of 359 pro-
jects.
It was advised that loans must be repaid at market interest rates
or lower; that the actual rate is subject to negotiation and depends on
the community financial stress factor as established by JLARC; and loan
agreements will require commitments on sewage rates and appropriate
bonds or notes of the local government payable to the Fund.
The staff report pointed out that the City of Roanoke needs to
decide if it wishes to apply at this time for a loan from State and
(through the State) Federal Revolving Funds; that public hearings will
be conducted by the State Water Control Board on November 23, 1987, and
November 30, 1987, on the loan applications received; that the 1987
Sewerage Facilities Plan has not been approved by the State, however,
approval was requested some months ago; that no City of Roanoke pro-
jects are designed, much less ready, for construction; and ultimately,
depending on the interest rate available, it may or may not be in the
City's best interest to accept a loan, although an application may be
made and interest rate negotiated for comparison and decision purposes.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of
the Water Resources Committee. The motion was seconded by Mr. Bowers
and unanimously adopted.
ACTION:
SALE OF PROPERTY-CITY PROPERTY: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Co~nittee, presented a written
report on behalf of the Committee, recommending that Council authorize
the sale of property bearing Official Tax No. 1070808, by quitclaim
deed, to David A. and Diana H. McCray and John R. and Betty M. Nev~ill,
as joint tenants, to be divided between them, after sale of the pro-
perty for $2,000.00, all easement currently in place to be retained by
the City, and documentation to accomplish tile transfer of title to be
provided by the grantees, in a fomn acceptable to the City Attorney.
A staff report explained that the City of Roanoke acquired the lot
on February 15, 1944; that the lot contains a sewer line and two inch
water main, both running its entire length from Maywood Road to the
westerly end of Cassell Lane, S. W.; that the owners of property on
either side desire to purchase the lot and divide it between them with
an offer of $2,000.00; and the Department of Real Estate Valuation has
established that the fair market value of Official Tax No. 1070808 is
$2,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28854) AN ORDINANCE providing for the sale and conveyance of a
parcel of land owned by the City, bearing Official Tax No. 1070808,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 372.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None ..........
--0.
CITY PROPERTY-LEAGUE OF OLDER AMERICANS, INC.: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Con~nittee, pre-
sented a written report on behalf of the Committee, recommending that
Council authorize the Southeast Action Forum, Inc., to enter into a
sublease with the League of Older Americans, for use of Old Fire
Station No. 6 as the Southeast Diner's Club.
A staff report explained that the initial lease for Old Fire
Station No. 6 on Jamision Avenue, S. E., was executed by Mrs. Mildred
Prater for the Belmont Neighborhood Watch Group for a five year term
beginning July 14, 1980, with the lease providing that the facility
would be used as a community center and meeting place for the group;
that assignment of the lease from Mrs. Prater to the Belmont Neighbor-
hood Watch Group, Inc., was authorized by Ordinance No. 26027, on
May 25, 1982, with the term of the lease for five years from the origi-
nal date of the lease of July 14, 1980; that a new five year extension
of the lease was authorized by Ordinance No. 27734 on August 26, 1985,
which lease was executed on September 5, 1985; and assignment of the
lease from the Belmont Neighborhood Watch Group, Inc., to the Southeast
Action Forum, Inc., an expanded neighborhood organization, was
authorized by Ordinance No. 28442 on November 21, 1986, with the term
of the lease for five years from the date of the extended lease dated
September 5, 1985.
It was further explained that a sublease is requested by the
Southeast Action Forum, Inc., to permit the League of Older Americans
to use the first floor of Old Fire Station No. 6 for the Southeast
Diner's Club, which action will formalize and continue an activity that
has been in operation for some time.
(For full text, see reports on file in the City Clerk's Office.)
551
552
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28855) AN ORDINANCE authorizing a certain assignment of the
lease for the longer No. 6 Fire Station located on Jamison Avenue,
S. E., from the Southeast Action Forum, Inc., to the League of Older
Americans.
(For full text of Ordinance, see Ordinance Book No. 50, page 373.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ....... . ..................... 6.
NAYS: None ......
(Council member Bowers abstained from voting.)
CITY PROPERTY-AIR POLLUTION-SPECIAL PERMITS: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the Committee, recommending that
Council grant a revocable permit to the Comm~onwealth of Virginia, State
Air Pollution Control Board, permitting the installation of an air
pollution monitoring device in the non-paved portion of the right-of-
way of Mulberry Street, N. W.
A stale report explained that the State Air Pollution Control
Board, Regional Office, maintains a number of automatic (electric)
monitors of airborne particulates around the Roanoke Valley; and a par-
ticulate monitor near the Roanoke Electric Steel Plant was located on
private property in the Cherry Hill Subdivision area by agreement with
the property owner for a number of years.
It was further explained that the private property owner of the
monitor site has sold the property to Roanoke Electric Steel; that the
Board cannot, or will not, place a monitor on the property of a company
(air pollution "source") being monitored; that the State Air Pollution
Control Board desires to continue to maintain a monitor adjacent to
Roanoke Electric Steel and they feel that a location somewhere within
the right-of-way of the dead-end portion of Mulberry Street, N. W.,
would satisfy their requirements.
It was noted that the Board has provided, at the City's request,
information relative to their ability to provide liability insurance
for the monitor installation; that the Board is without authority to
enter into a contract indemnifying and holding the City harmless; that
the Board itself maintains no insurance; that information attached to
the report describes the State's self-insurance which covers the State
and its agencies only; that this situation is standard State practice,
unless special authorization is granted by the General Assembly to a
specific State agency; and indemnification should still be required
even if it can only be enforced on a moral obligation basis or through
special action of the General Assembly if circumstances require said
action.
The staff report pointed out that the City Administration is of
the opinion that if the State Air Pollution Control Board can provide
the necessary electric power, physical protection for their installa-
tion, and locate out of the traveled portion of Mulberry Street, N. W.,
the installation could be provided in that location.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28856) AN ORDINANCE granting to the Commonwealth of Virginia,
State Air Pollution Control Board, a revocable permit providing for the
installation of an air pollution monitoring device on certain City pro-
perty, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 373.)
ACTION:
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
553
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ............................... 7.
NAYS: None .....
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for Williamson Road Storm Drain, Phase 2, Contract II-A,
and Williamson Road West Sanitary Sewer, presented a written report on
behalf of the Committee, transmitting the following recommendations:
Authorize tile award of a unit price contract to
Aaron J. Conner General Contractor, Inc., in the
amount of $1,498,057.35 in a form acceptable to the
City Attorney.
Authorize the establishment of a ten per cent con-
tingency fund for the project in the amount of
$149,805.74.
Appropriate the sum of $434,723.93 from the Sewer
Fund, Previous Years' Retained Earnings to a new
project account to be designated by the Director of
Finance.
Authorize the Director of Finance to transfer the
sum of $i,213,139.16 from the 1985 Series Public
Improvement Bonds, Storm Drain Category, Account
No. 008-052-957/-9176 to a new project account to
be designated by the Director of Finance. The com-
bined appropriated funds and transfer of funds
shall be $!,647,863.09, including $1,498,057.35
contract amount and $149,805.74 contingency.
Reject all other bids received.
A report of the City Manager concurring in the recommendations of
the committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following e~ergency budget Ordinance:
(#2885/) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital and Sewage Funds Appropriations, and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 371.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, ~wers,
Bowles and Mayor Taylor ........ 7.
NAYS: None .........
Mr. Garland offered the following emergency Ordinance:
(#28858) AN ORDINANCE accepting the bid of Aaron O. Conner
General Contractor, Inc., for construction of Williamson Road Storm
Drain, Phase 2, Contract II-A and Williamson Road West Sanitary Sewer,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 372.)
554
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ..............................................
NAYS: None .............
UNFINISHED BUSINESS: NONE.
iNTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINT-AiRPORT: Mr. Charles Linenfelser, representing Roanoke
Areo Services, appeared before Council and presented each member with a
formal complaint which was mailed to the Federal Aviation Administra-
tion on October 29, 1987, with regard to free enterprise at Roanoke
Regional Airport.
Mr. Linenfelser advised that the complaint concerns issues regard-
ing his inability to practice free enterprise at the Airport. He said
the reason given by the City of Roanoke for not allowing him to perform
aircraft maintenance is that he does not have the required land and
building square footage -- 10,000 square feet for outside dimensions
and 5,000 square feet under roof. He stated that for almost eight
years, he performed aircraft inspections and maintenance out of a
building with only 1200 square feet, and he does not find it necessary
to have 10,000 square feet to conduct business. He explained that
operating out of a smaller building allows him to provide maintenance
on aircraft at a more reasonable cost to the aircraft owner, and he
caters mostly to the needs of the smaller operators who cannot afford
to take their aircraft to the larger fixed base operators. He referred
to two petitions contained in his complaint dated 1982 and 1987,
respectively, which bear over fifty signatures, and each petition
requests relief from the minimum standards imposed at the Airport,
adding that the standards create a non-competitive atmosphere in
aircraft inspections and general maintenance. He stated that by
allowing the Ordinance to remain in force, potential and existing users
will be encouraged to look elsewhere for aircraft needs, and stressed
that the square footage requirement does not have any relevance in pro-
viding the services he renders.
Among other qualifications, Mr. Linenfelser said in 1981, he
applied to the FAA to convert his military rating into a civilan
rating, and he now holds both an aircraft and power plant rating and an
inspection authorization issued frmn the Flight Safety Standards Office
of the FAA, which allows him to inspect and approve aircraft to return
to service anywhere in the United States or the free world. He advised
that the FAA does not require anymore space than is necessary to do the
required work, and requested that Council review the issues brought
forth and amend the Ordinance accordingly.
(For full text, see "A Formal Complaint by Charles Linenfelser" on file
in the City Clerk's Office.)
Mr. Trout moved that the City Attorney be requested to review the
complaint submitted by Mr. Linenfelser and make any comments or recom-
mendations he deems appropriate; and that the complaint also be
referred to the Roanoke Regional Airport Commission for consideration.
The motion was seconded by Mr, Bowers and unanimously adopted.
Mr. Patrick A. Cosmato, 5219 Burnt Quarter Drive, Vinton,
Virginia, appeared before Council and advised that Mr. Linenfelser is
licensed by the Federal Government to perform aircraft maintenance
anywhere in the United States of ~merica, and the only place where it
555
is illegal for him to uork on aircraft is at the Roanoke Regional
Airport. He urged that Council read Mr. Linenfelser's complaint, and
let the people of Roanoke know whether Council members, individually,
are for or against free enterprise.
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
i
ATTEST:
City Clerk
APPROVED
Mayor
556
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 9, 1987
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 9, 1987, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
_Regular ~, of Section 2-15, Rules of Procedure:),~d~ o~f tile Ci~ of
Roanoke tl~, as amended. - .., , · .. ~.
PRESENT: Council members James G. Harvey, II, David A. Bowers,
E]izabeth T. Bowles, Robert A. Garland and Vice-Mayor Howard E. Musser ........ 5.
ABSENT: Counci{ member James O. Trout and Mayor Noel C. Tay{or ...... 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Ear~ B. Reynolds,
Jr., Assistant City Manager; Wi]burn C. Dib]ing, Jr., City Attorney; Joel M.
Sch]anger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James Ephraim
Pastor, Fifth Avenue Presbyterian Church. '
The Pledge of Allegiance to the Flag of the United States of ~nerica
was led by Vice-Mayor Musser.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 9, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of A. B. Properties
Affiliated Services, Inc., that a tract of land containing one-fifth
acre described as Lot 12, Block 12, Northfield Addition, located on the
corner of Hol)ins Road and Drew Avenue, N. E., designated as Official
Tax No. 3280406, be rezoned from RM-1, Residential Multi-Family
District, to C-1, Office District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 23, 1987, and Friday, October 30, 1987.
(See publisherIs affidavit on file in the City Clerk's Office.)
A report of the City Planning Com~nission advising that the purpose
of rezoning is to permit use of the property for an office was
before Council. '
The Planning Commission reco,q~nended that the request for rezoning
be denied by a vote of 7-0, advising that it is felt that approval of
the proposed rezoning is inappropriate at this time since the area is
still a relatively stable residential neighborhood; and it was also
noted that approval of the requested rezoning would contribute to com-
mercial strip development along Hollins Road.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
fi rst reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 328,
Sectional 1986 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to cer-
tain conditions proffered by the applicant."
ACTION:
The motion was seconded by Mrs. Bowles.
557
Mr. Barry Fogel, 810 Ramao Road, Vinton, Virginia, representing
A. B. Properties Affiliated Services, Inc., appeared before Council and
advised that he is requesting that 3801Hollins Road, N. E., be granted
a transitional zoning change from RM-1, Residential Multi-Family, to
C-1, Office District, with the following proffered conditions:
(1) the property will be used for office purposes;
(2) there will be no signs erected on the proper-
ty; and
(3)
the present condition of the building will be
maintained including fencing, landscaping and
parking.
Mr. Fogel said the proposed use of the property is quite benefio
cia1 to both the City and proper development of the Hollins Road area.
He stated that the present fear of what may happen in the future,
although genuinely felt, rests completely in an anticipatory anxiety,
and suppositions of the possible consequences of the proposed use of
the property can only be characterized as speculative and intangible
fears. He noted that evidence clearly supports the contention that the
rezoning would be advantageous to all parties concerned; that to deny
the petition based on fears, apprehensions and hypothetical conjecture
flies in the face of sound judgment for rezoning, nor can denial of the
petition be justified or rationalized in light of past and future plan
development of the area.
Mr. Foge] commented that even the most casual observer would agree
that there has been an insufficient factual showing that A. B.
Properties will make unreasonable use of the property, or that said use
will harm the neighborhood or lower property values, adding that quite
the opposite is true. He said the instability of the neighborhood pla-
ces it in a phase of decline which will be reversed with controlled
transitional rezoning such as the proposed rezoning which conforms to
the surrounding commercial area. He stated that the proposal can serve
as a model for other property desiring to conform with the '
Comprehensive Plan while preserving the character and environmental
quality and integrity of the individual neighborhoods in question.
Mr. Lawrence S. Breeding, 3811 Hollins Road, N. E., who resides
adjacent to the property in question, appeared before Council and
advised that he has lived at the above address for 26 years and he has
paid his taxes and never complained, however, he will complain if a
business moves in. He said the block in question is still residential
and he does not wish to see a business locate in that particular area.
He stated that approximately twenty property owners were in attendance
in opposition to the rezoning and requested that Council deny the peti-
tion to rezone.
Mr. Paul W. Dickinson, 621 Drew Avenue, N. E., appeared before
Council in opposition to the request for rezoning. He said if A. B.
Properties needs office space, there is ample property, which is pre-
sently zoned for office use within one block of the location in
question.
The City Attorney submitted a written report advising that a peti-
tion has been filed with the City by citizens opposed to the rezoning;
that it is his opinion that a sufficient number of signatures have been
set out in the petition to invoke the provisions of §62(5) of the
Roanoke City Charter which provides with reference to amendments to the
Zoning Map, in pertinent part, as follows:
"Such regulations, restrictions, and boundaries may
from time to time be amended, supplemented,
changed, modified or repealed. In case, however,
of a protest against such change signed by the
owners of twenty per centum or more either of the
area of the lots included in each proposed change,
558
ACTION:
ACTION:
or of those immediately adjacent in the rear there-
of, or of those directly opposite thereto, such
amendment shall not become effective except by the
favorable vote of five-sevenths of all the members
of the Council."
Mr. Dibling explained that all of the record owners of four of the
seven parcels which can be construed as being adjacent to the rear or
opposite the one proposed to be rezoned have signed the petition; viz:
Lawrence S. and Barbara S. Breeding (Official Tax No. 3280405),
Maggie I. Anderson (Official Tax No. 3280412), George R. and
Jeanette C. Bandy (Official Tax No. 3280411, and Paul W. and Minnie G.
Dickinson (Official Tax No. 3280503) and, under these circumstances, he
believes that the provisions of §62{5) have been met and the five-
sevenths voting requirement applies.
(For full text, see report on file in the City Clerk's Office.)
There was discussion with regard to delaying the vote inasmuch as
two members of Council were absent, and inasmuch as the City Attorney
previously advised that in order for the rezoning to be approved, all
five members of Council present would have to vote in support thereof.
Mr. Fogel stated that he would have no objection to a delay of the
vote.
Mr. Garland offered a substitute motion that Council delay its
vote until the regular meeting on Monday, December 14, 1987, at 7:30
p.m. The motion was seconded by Firs. Bowles.
Mr. O. Vic Middlekauff, 3820 Fleming Avenue, N. E., appeared
before Council and advised that property owners have attended numerous
meetings and they have grown tired of doing so and would like to get
the matter settled once and for all.
Mr. Harvey inquired of the City Attorney, if his vote is in the
majority and if the two members of Council who are absent would like to
address the request for rezoning, could he or any person who voted with
the majority offer the matter for reconsideration; whereupon, the City
Attorney advised that anyone who voted in the majority may move to
reconsider.
Mr. Harvey stated that the simplest way to handle the matter would
be for Council to vote on the request for rezoning this evening, and if
Mayor Taylor or Mr. Trout have strong feelings opposite to the way
Council voted, he would be willing to move for a reconsideration.
Mr. Garland then withdrew the substitute motion and Mrs. Bowles
withdrew the second.
The Ordinance to rezone the property was lost by the following
vote of Council:
AYES: None ........ O.
NAYS: Council members Harvey, Bo~-iers, Bowles, Garland and Vice-
Mayor Musser ........ --5.
(Mayor Taylor and Council member Trout were absent.)
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request of the Mayor for an Executive Session to discuss personnel mat-
ters relating to vacancies on various authorities, boards, commissions
and committees appointed by Council, and requested that the Executive
Session be withdrawn.
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 2, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved tidal the reading of the minutes be dispensed
with and that Lhe minutes be approved as recorded. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser .... . ..................... 5.
NAYS: None ..........................
.0.
(Council member Trout and Mayor Taylor were absent.)
559
REGULAR AGENDA:
m
ACT[ON:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A co~nunication from tile Roanoke City School
Board requesting that Council appropriate $57,000.00 for roof improve-
ments, advising that the request represents the second installment of
the Schools' share of the fiscal year 1987-88 Capital Maintenance and
Equipment Replacement Fund, and the funds will provide for roof renova-
tion costs and for technical inspections of the roofs before and after
the renovation work, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request; that the $57,000.00 represents the second installment of
the Schools' share of the Capital Maintenance and Equipment Replacement
Fund; that the funds will be used for roof improvements at Breckinridge
Junior High School and at the Booker T. Washington Administrative
Center; that the appropriation will leave a remaining balance of
$628,350.00 of the School Board's $907,246.00 allocation of fiscal year
198/-88 Capital Maintenance and Equipment Replacement Fund; and recom-
mending that Council concur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28859) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 374.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser .... -5.
NAYS: None ........
(Council me~nber Trout and Mayor Taylor were absent.)
REPORTS OF OFFICERS:
-0.
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
560
ACTION:
BUDGET-EQUIPMENT-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT
PROGRAM: The City Manager submitted a written report advising that the
fiscal year 1987 General Fund balance designated for Capital Mainte-
nance and Equipment Replac~nent per Council Ordinance No. 26292 has
been determined to be $2,979,641.00 (audited) by the Director of
Finance, and a report from the Director of Finance regarding this
matter was presented to Council on October 26, 1987; and the Capital
Maintenance and Equipment Replacement Program for fiscal year 1987,
based on the total of $2,979,641.00 between the City and School
Administrations is as follows:
School Administration
City Administration
$ 907,246.00
2,072,395.00
It was explained that residual funds from the fiscal year 1986 and
1987 Capital Maintenance and Equipment Replacement Program for the City
and School Administrations are shown as follows, resulting in a balance
of funds available:
CMERP
Residual CMERP Expenditure Balance
1986 1987-88 To Date Available
School Adm. $101,001 $ 907,246 $221,896 $ /85,351
City Adm. 664,257 2,072,395 336,714 2,399,938
The City Manager advised that additional funding sources available
for capital maintenance and equipment replacement expenditures were
approved for fiscal year 1988 by Council with the implementation of a
prepared food and alcoholic beverage tax effective August 1, 1987, and
an increase in the cigarette tax rate effective July 1, 1987; and
Council's approval is required for expenditures relating to the City
Administration's Capital Maintenance and Equipment Replacement Program,
pursuant to Ordinance No. 26292.
The City Manager recommended that Council approve, for purchase,
the recommended itmns on an attachment identified as "Attachment A" to
be included in the fiscal year 1987-88 Capital Maintenance and
Equipment Replacement Program for the City Administration.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the recommendation. The
motion was seconded by Mrs. Bowles and adopted.
SPECIAL PERMITS-DOWNTOWN ROANOKE: The City Manager submitted a
written report advising that Council granted Downtown R~anoke, Inc., a
permit in November, 1986 to install certain holiday decorations on
City-owned light standards and other facilities along Jefferson Street,
Campbell Avenue and Church Avenue in the Downtown Business District;
and Downtown Roanoke, Inc., has requested permission to decorate these
same City-owned light and traffic Control standards again this year for
a period beginning November 21, 1987, through January 10, 1988, and has
agreed to the same basic terms and conditions.
The City Manager recommended that Council approve the appropriate
measure, in a form acceptable to the City Attorney, to allow Downtown
Roanoke, Inc., to install holiday decorations on certain City-owned
light standards and other facilities along Jefferson Street, Campbell
Avenue, and Church Avenue in the Downtown Business District.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28860) A RESOLUTION authorizing a revocable permit to Downtown
Roanoke, Inc., for the attachment or installation of holiday decora-
tions to certain City light standards and other facilities in the down-
town area of the City, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 375.)
561
ACTION:
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ......... . ...................... 5.
NAYS: None .....
Oe
(Council member Trout and Mayor Taylor were absent.)
BUDGET-GRANTS-PLANNING-HOUSING: The City Manager submitted a
written report advising that the Vacant Lot Homesteading Program,
approved by Council on July 25, 1983, was developed to reduce the
number of vacant, neglected lots in the City's neighborhoods by helping
responsible parties buy the lots; that loans of federal funds made by
the City under the program cover purchase price up to appraised value,
services of a realtor in some cases, legal fees associated with closing
on transaction, costs to clear the lot initially in cases where needed
and other related expenses such as recording fees; that loans have been
mainly to adjacent homeowners; and the current program prohibits
construction on these vacant lots because most of the lots have been
"homesteaded" by adjacent homeowners and none have been used for new
construction thus far.
m
ACTION:
It was explained that vacant lots of appropriate size according to
zoning requirenents could be used for infill building, which would aid
the revitalization efforts in the Conservation Areas and Rehabilitation
Districts; that little new construction has occurred in these areas due
to construction costs approaching or exceeding mortgage or resale
value; that a subsidy is needed to stimulate development of new housing
through construction or house-moving; that homesteading lots to
building contractors or families who intend to build on the lots would
be an incentive for building in Conservation Areas and Rehabilitation
Districts; and provisions for extension of the Vacant Lot Homesteading
Program are set out in an attachment to the report entitled, "Attach-
ment A".
The City Manager recommended that Council approve extension of the
Vacant Lot Homesteading Program to include homesteading lots to persons
wishing to build or move houses into Conservation Areas and Rehabilita-
tion Districts; and appropriate $20,000.00 from Unprogrammed Community
Development Block Grant funds to an account to be established by the
Director of Finance to supplement existing Program funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered tile following emergency budget Ordinance:
(#28861) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 376.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ........ -5.
NAYS: None ........
(Council member Trout and Mayor Taylor were absent.)
Mr. Garland offered the following Resolution:
(#28862) A RESOLUTION adopting and approving an extension of the
City's Vacant Lot Homesteading Program as an element of the City's
Community Development Block Grant Program for Fiscal Year 1987-88.
(For full text of Resolution, see Resolution Book No. 50, page 377.)
562
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ................. 5.
NAYS: None .....
(Council member Trout and Mayor Taylor were absent.)
BUDGET-WATER POLLUTION CONTROL PLANT: The City Manager submitted
a written report concurring in a report of the Bid Committee recom-
mending that the bid of Dresser Industries, [nc., in the amount of
$47,690.00, for replacement of No. 5 blower at the Water Pollution
Control Plant, be accepted; and that Council approve transfer of
$55,190.00 to include an estimated $7,500.00 for installation from
Account No. 003-056-3150-2010 to Account No. 003-056-3155-2048, Mainte-
nance of Equipment.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the followin9 emergency budget Ordinance:
(~28863) AN ORDINANCE to amend and reordain certain sections of
the 198/-88 Sewage Fund Appropriation Ordinance, ;nd providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 377.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ............. . .... 5.
NAYS: None ......... O.
(Council member Trout and Mayor Taylor were absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28864) AN ORDINANCE providing for the purchase of blower equip-
ment for use by the City at the Water Pollution Control Plant, upon
certain tenns and conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; rejecting other bids made to
the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 378.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ....... ----5.
NAYS: None ...............
(Council member Trout and Mayor Taylor were absent.)
CITY ENGINEER-SNOW REMOVAL: The City Manager submitted a written
report concurring in a report of the Bid Committee recommending that
the bid of International Salt Company, in the amount of $36,580.00, for
furnishing and delivering 1,000 tons, more or less, of deicing salt, be
accepted, and that all other bids be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28865) AN ORDINANCE accepting a bid for furnishing deicing salt
to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 378.)
m
ACTIOH:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ........................................... 5.
NAYS: None ........
Oo
(Council member Trout and Mayor Taylor were absent.)
BUDGET-CITY EMPLOYEES-INSURANCE-BLUE CROSS AND BLUE SHIELD: The
City Manager submitted a written report recommending a new one year
employee health insurance contract with Blue Cross and Blue Shield of
Virginia, advising that the present contract expires on December 31,
1987, and staff has diligently worked for the past two months to ana-
lyze bids from a number of insurance carriers and negotiate the best
new contract possible.
The City Manager recommended that the City increase its level of
contribution from 85 to 90 per cent of the cost of individual enployee
health insurance, which increases the monthly City contribution from
$54.00 to $78.00 per mnployee, and the new premiums are as follows:
Total Monthly
Premium
90% Monthly
City Share
Employee Portion
Per Paycheck
Increase or
Decrease per
Paycheck
Employee $ 86.46 $78.00 $ 4.23 - $ .56
Employee/
Child 129.66 78.00 25.83 + 5.16
Family 21/.24 /8.00 69.62 + 16.75
Mr. Herbert advised that he has recommended that the City increase
its portion to 90 per cent in order to lessen the impact of the
increase on those in the employee/child and family plans; that the
calendar year deductible will remain at $100 for individuals and/or
$200 per family; and the following three additional changes have been
recommended with the new plan in order to increase benefits and contain
costs:
Increase the Lifetime Maximum from $750,000.00
to $1,000,000.00.
Increase the individual out-of-pocket maximum
from $500.00 to $750.00 and increase the
family out-of-pocket maximum from $1,000.00 to
$1,500.00.
Place a $250.00 penalty on participants who do
not get their hospital stay approved through
preadmission review.
In order to understand the increase in premiums, Mr. Herbert
advised that one must realize the determining factors: (1) medical
costs have increased greatly over the past two years, (2) in the first
nine months of 1987, claims (money paid out for medical services)
exceeded premiums (money taken in) by $425,000.00, and (3) employees
are utilizing more expensive hospital emergency rooms as opposed to
neighborhood medical centers or family doctors; and these facts bring
to light that each employee must have a personal role in keeping
insurance costs down by utilizing good judgment in seeking responsible,
cost effective health care.
The City Manager advised that he is recommending funding for this
increase from the General Fund Contingency to address the cost through
June 30, 1988, and future funding will be developed in the fiscal year
1988-89 budget process; and under the proposed new health insurance
contract, coverage has been structured to make the most desirable bene-
fits available to every City employee at a reasonable rate, and at the
same time encourage cost awareness.
(For full text, see report on file in the City Clerk's Office.)
563
564
ACTION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#28866)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 379.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser .......................... _ ..... 5.
NAYS: None ........
(Council member Trout and Mayor Taylor were absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28867) AN ORDINANCE authorizing the execution of a contract and
related documents with Blue Cross and Blue Shield of Virginia to pro-
vide group hospitalization and health insurance for employees of the
City and members of their families; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 380.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ........ 5.
NAYS: None ......... --O.
(Council member Trout and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
BUDGET-FIRE DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for alterations and additions to Fire Station No. 1, 13 East
Church Avenue, submitted a written report on behalf of the committee
recommending that Council authorize the City Manager to enter into a
contractual agreement with Construction Services of Roanoke, Inc., in
accordance with contract documents prepared by the City Engineer's
Office, in the amount of $84,138.00, and 100 consecutive calendar days;
and that Council appropriate $93,000.00 from Undesignated Capital Funds
to an account to be established by the Director of Finance, $84,138.00
contract amount plus $8,862.00 project contingency account.
A report of the City Manager concurring in the recon~nendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#z8868)
the 1987-88
emer§ency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 380.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ........ 5.
NAYS: None ......... O.
(Council member Trout and Mayor Taylor were absent.)
565
ACTION:
Mr. Garland offered the following emergency Ordinance:
(~28869) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for alterations and additions to Fire Station No. 1,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work.
and providing for an emergency. '
(For full text of Ordinance, see Ordinance Book No. 50, page 381.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ....... --5.
NAYS: None ..... _ .... O.
(Council member Trout and Mayor Taylor were absent.)
UNFINISHED BUSINESS: NONE.
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE OF PROPERTY-CITY PROPERTY: Ordinance No. 28854 providing for
the sale of property bearing Official Tax No. 1070808, by quitclaim
deed, to David A. and Diana H. McCray and John R. and Betty M. Newbill,
as joint tenants, to be divided between them, after sale of the pro-
perty for $2,000.00, all easement currently in place to be retained by
the City, and documentation Lo accomplish the transfer of LiLle to be
provided by the grantees, having previously been before the Council
for its first reading on Monday, November 2, 1987, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the followin9 for its second reading and final adoption:
(#28854) AN ORDINANCE providing for the sale and conveyance of a
parcel of land owned by the City, bearing Official Tax No. 1070808,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 372.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Mus'ser .......
.5.
(Co'uncil membe~ Trout and Mayor Taylor were absent.)
CITY PROPERTY-LEAGUE OF OLDER AMERICANS, INC.: Ordinance No.
28855 authorizing the Southeast Action Forum, Inc., to enter into a
sublease with the League of Older Americans, Inc., for use of former
Fire Station No. 6 as the Southeast Diner's Club, having previously
been before the Council for ils first readin9 on Monday, November 2,
1987, read and adopted on its first reading and laid over, was again
before the body, Mr. Harvey offering the following for ils second
reading and final adoption:
(#28855) AN ORDINANCE authorizing a certain assignment of the
lease for the former No. 6 Fire Station located on Jamison Avenue,
S. E., from the Southeast Action Forum Inc., to the League of Older
Americans. '
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 373.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
566
AYES: Council members Harvey, Bowles, Garland and Vice-Mayor
Musser ....................... .--4.
NAYS: None .............
(Council member Trout and Mayor Taylor were absent.)
Bowers abstained from voting.)
(Council member
CITY PROPERTY-AIR POLLUTION-SPECIAL PERMITS: Ordinance No. 28856
granting to the Commonwealth of Virginia, State Air Pollution Control
Board, a revocable permit providing for the installation of an air
pollution monitoring device in the non-paved portion of the right-of-
way of Mulberry Street, N. W, having previously been before the Council
for its first reading on Monday, November 2, 1987, read and adopted on
its first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#28856) AN ORDINANCE granting to the Commonwealth of Virginia,
State Air Pollution Control Board, a revocable pennit providing for the
installation of an air pollution monitoring device on certain City pro-
perty, upon certain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 373.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Bowers, Bowles, Garland and Vice-
Mayor Musser ....... . ........ 5.
NAYS: None---
(Council member Trout and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 9:15 p.m.
ATTEST:
City C1 erk
APPROVED
Vi ce-Mayo r
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 16, 1987
2:00 p.m.
567
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of tile Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 16, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
"(1979), as amended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor .................. -7.
ABSENT: None ..........
OFFICERS PRESENT:
Jr., City Attorney; Joel M.
City Clerk.
W. Robert Herbert, City Manager; Wilburn C. Dibling,
Schlanger, Director of Finance; and Mary F. Parker,
The meeting was opened with a prayer by The Reverend S. T. Stone,
Pastor, Christian Fellowship Church.
The Pledge of Allegiance to time Flag of the United States of America
was led by Mayor Taylor.
m
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and wi]l be
enacted by one motion in the torms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Counci].
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 9, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... ---7.
NAYS: None .......
-0.
ELECTIONS-BONDS-CAPITAL IMPROVEMENTS: A communication from Mr.
Alton B. Prillaman, Secretary, Roanoke City Electoral Board, advising
that pursuant to Section 24.1-150 of the Code of Virginia and para-
graph 7 of Ordinance No. 28761 relating to the bond referendum, he is
transmitting certified copies of the abstracts of votes cast in the
General and Special Election he]d in the City of Roanoke on November 3
1987, was before Council. '
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the General Election held on the first Tuesday after the
first Monday in November, 1987, for
568
MEMBER OF THE SENATE OF VIRGINIA
21st DISTRICT
Names of Candidates
William H. "Ham" Flannagan
J. Granger Macfarlane
Noel Taylor
Connie Worthington
John L. Hess
Total Votes
Received
(In Figures)
8,662
15,883
1
1
1
We, the undersigned Electoral Board, upon examination of the
official records deposited with the Clerk of the Circuit
Court of the election held on November 3, 1987, do hereby
certify that the above is a true and correct Abstract of
Votes cast at said election for Member of the Senate of
Virginia.
Given under our hands this fifth day of November, 1987.
A copy teste:
S/Melba C. Pirkey Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
[SEAL]
S/Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the General Election held the first Tuesday after the first
Monday in November, 1987, for
MEMEBER OF THE HOUSE OF DELEGATES
16th DISTRICT
Total Votes
Names of Candidates Received
(In Figures)
Clifton A. "Chip" Woodrum 10,919
We, the undersigned Electoral Board, upon examination of the
official records deposited with the Clerk of the Circuit
Court of the election held on November 3, 1987, do hereby
certify that the above is a true and correct Abstract of
Votes cast at said election for Member of the House of
Delegates.
Given under our hands this fifth day of November, 1981.
S/Melba C. Pirkex Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held on the first Tuesday after the first ~Monday
in November, 1987, for
MEMBER OF THE HOUSE OF DELEGATES
l/th DISTRICT
Total Votes
Names of Candidates Received
(In Figures)
A. Victor "Vic" Thomas 9,547
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the
election held on November 3, 1987, do hereby certify that the
above is a true and correct Abstract of Votes cast at said elec-
tion for Member of the House of Delegates.
Given under our hands this fifth day of November, 1987.
S/Melba C. Pirke~
S/Charles T. Green
S/Alton B. Prillaman
Chairman
Vice Chairman
Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman
Secretary, Electoral Board"
569
m
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
General Election held the first Tuesday after the first Monday in
November, 1987,
FOR CLERK OF COURT
Total Votes
Names of Candidates Received
(In Figures)
Patsy Testerman 20,413
Rosa W, Mi)let 1
We, the undersigned Electoral Board, upon examination of the offi-
cial records deposited with the Clerk of the Circuit Court of the
election held on November 3, 198/, do hereby certify that the
above is a true and correct Abstract of Votes cast at said elec-
tion and do therefore determine and declare that the following
received the greatest number of votes cast in said election:
Patsy Testerman
for the office of Clerk of Court.
Given under our hands this fifth day of November, 1987.
S/Melba C. Pirke~
S/Charles T. Green
S/Alton B. Prillaman
Chairman
Vice Chairman
Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman Secretary, Electoral Board"
570
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the
Special Election held on November 3, 1987 for
STATE-OPERATED LOTTERY
QUESTION: Shall the 1987 Act of the General
Assembly which establishes a state-operated lottery
become effective in Virginia?
Total Votes
Received
YES 11,823
NO 12,366
We, the undersigned Electoral Board, upon examination of
tile official records deposited in the office of the Clerk of
the Circuit Court of the election held on November 3, 1987,
do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for and against the
establishment of a state-operated lottery.
Given under our hands this fifth day of November, 1987.
A copy teste:
S/Melba C. Pirkey Chairman
S/Charles T. Green Vice Chairman
S/Alton B. Prillaman Secretary
[SEAL]
S/Alton B. Prillaman Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the special election held on November 3, 1987, on the
following question or proposition:
BOND ELECT[ON
QUESTION: Shall Ordinance No. 28760, adopted by
the Council of the City of Roanoke on August 10,
1987, entitled:
"AN ORDINANCE authorizing the issuance of Ten
Million Dollars ($10,000,000) principal amount of
general obligation bonds of the City of Roanoke,
Virginia, for the purpose of providing funds to
defray the cost to the City of Roanoke of needed
permanent public improvements, including acquisi-
tions, construction, additions, betterments, exten-
sions and improvements of and to public schools,
the system of storm drains, public sidewalks,
curbing, streets, highways and bridges, and parks
and other recreational purposes, and acquisition of
real property for the foregoing; and providing for
an emergency.", be approved?
Total Votes
Received
(In Figures)
FOR (Yes)
AGAINST (No)
16,999
5,350
571
11
ACTION:
ACTION:
We, the undersigned Electoral Board, upon examination of the
official records deposited with the Clerk of the Circuit
Court of the election on November 3, 1987, do hereby certify
that the above is a true and correct Abstract of Votes cast
at said election for and against the question or proposition
set forth above.
Given under our hands this fifth day of November, 1987.
S/Melba C. Pirkex
S/Charles T. Green
S/Alton B. Prillaman
Chairman
Vice Chai rman
Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman Secretary, Electoral Board"
(For full text, see con~nunication and abstracts of votes on file in the
City Clerk's Office.)
Mr. Trout moved that the communication and abstracts of votes be
received and filed. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor-- 7.
NAYS: None- O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- · ........ 7.
NAYS: None--
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A communication from Mayor Noel C. Taylor advising that
inasmuch as several members of Council will be in attendance at the
National League of Cities on December 12-16, 1987, he would like to
suggest that the regular meeting of Council scheduled for Monday,
December 14, 1987, at 7:30 p.m., be cancelled, and further suggested
that all public hearings will be held on Monday, December 7, 1987, at
2:00 p.m., was before the body.
(For full text, see communication on file in the City Clerk's Office.)
The Mayor orally advised that since placing the communication on
the agenda, it has come to his attention that pursuant to federal regu-
lations, a public hearing pertaining to the Community Development Block
Grant is required to be held at an evening meeting of the Council;
whereupon, he suggested that the meeting on Monday, December 7, 1987,
be held at 7:30 p.m., instead of 2:00 p.m.
572
ACTION:
Mr. Trout offered the following Resolution:
(#28870) A RESOLUTION cancelling the regular meeting of the
Roanoke City Council scheduled for Monday, December 14, 1987, and
rescheduling the time for the regular meeting of Council to be held on
Monday, December 7, 1987, from 2:00 p.m. to 7:30 p.m.
(For full text of Resolution, see Resolution Book No. 50, page 382.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... .-7.
NAYS: None ........
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-PUBLIC ASSISTANCE: The City Manager submitted a
written report advising that an Emergency Shelter Grants Program
entitlement of $26,000.00 has been awarded to the City by the Depart-
ment of Housing and Urban Development; that the funds, allocated under
the Stewart B. McKinney Homeless Assistance Act, must be used to pro-
vide services to the homeless; and the City of Roanoke is one of eight
localities in the State of Virginia designated to receive such an
entitlement.
It was pointed out that the need for additional shelter and ser-
vices for the area's homeless was documented by the study, No Place To
Call Home; that the City Manager has appointed a Homelessness Study
Committee to continue efforts to monitor the progress in implementing
the study's recommendations; that all local shelter providers have
indicated a need to improve facilities and/or expand services to this
population; that the City's Emergency Shelter Grants Program entitle-
ment will provide additional resources for local shelter providers
serving the needs of the homeless; that the City will invite applica-
tions from local shelter providers to ensure the most cost beneficial
use of the funds, with eligible uses including:
Renovation, major rehabilitation, or conver-
sion of buildings for use as emergency
shelters for the homeless.
Provision of essential services, including
(but not limited to) services concerned with
employment, health, substance abuse, education
or food.
Payment of maintenance, operation {including
rent, but excluding staff), insurance, utili-
ties and furnishings.
It was further pointed out that the Homelessness Study Committee
will review local proposals and advise the City Manager as to which
projects to recommend to Council.
The City Manager recommended that he be authorized to execute the
necessary documents accepting the Emergency Shelter Grants Program
Entitlement; that a revenue estimate be established from the Emergency
Shelter Grants Program for $26,000.00, and establish appropriation
grants as follows:
573
Personal Services
Operating Expenditures
Captial Outlay
$ 3,900.00
2,100.00
20,000.00
ACTION:
ACTION:
Total $ 26,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#28871) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 382.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... -7.
NAYS: None ...... -0.
Mr. Harvey offered the following Resolution:
(#28872) A RESOLUTION accepting a certain Emergency Shelter Grant
Program funds (ESGP) offer made to the City by the United States
Department of Housing and Urban Development under Subpart B of Title IV
of Public Law 100-77; and authorizing execution of the City's accep-
tance of the aforesaid grant offer on behalf of the City of Roanoke and
the agreement, on behalf of the City, to comply with the terms and con-
ditions and requirements of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 50, page 383.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...... -7.
NAYS: None ......... O.
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that on February 17, 1986, pursuant to
Ordinance No. 28021, Council authorized an agreement with Exxon
Company, U.S.A. to provide for the relocation of the City's storm drain
in order to remove it from under the existing Exxon Terminal tanks at
Hollins Road and Rhodes Avenue, N. E., and for Exxon to pay all costs
involved in the relocation; that Council received bids on the project
on July 28, 1986; and S. C. Rossi and Company, Inc., was awarded a
contract on September 8, 1986, in the amount of $281,695.00, with a
contingency in the amount of $28,169.00.
It was explained that Exxon Company furnished their design engi-
neers (Mattern & Craig) with boring data on the existing terminal site.
which indicated very little rock; that by this boring, Mattern and
Craig provided for 100 cubic yards of rock in the contract; that S. C.
Rossi and Company, Inc., started construction and encountered rock to
the full depth and width of the entire trench and to date the rock
encountered has amounted to 7,066 cubic yards; that by letter dated
May 14, 1987, the City Engineer notified Exxon Company that additional
monies were required to continue the project; that Exxon Company for-
warded the City two checks totalling an amount of $150,000.00; and on
June 22, 198/, Council approved Change Order No. I to increase the
contract amount by $178,169.00 to allow the contractor to continue
working.
It was further explained that S. C. Rossi and Company, Inc., has
completed the project except for blocking off the old storm drain
system under the Exxon property; that this is not a pay item under the
contract and will be completed once Exxon finalizes their plans to uti-
lize the old storm drain system for their fuel seepage recovery system;
574
ACTION:
ACTION:
that the City Engineer notified Exxon Company by letter dated September
30, 1987, that due to rock excavation overrun, $71,928.00 wi)l be
required in order to make fina) payment to the contractor; and Exxon
Company has forwarded a check to the City in the amount of $/1,928.00
to cover the final payment on the project.
The City Manager recommended that he be authorized to execute
Change Order No. 2 with S. C. Rossi and Company, Inc., in the amount of
$71,928.00; and appropriate the $71,928.00 received from the Exxon
Company to Account No. 008-052-9583-9004, Storm Drain Relocation -
Exxon Terminal.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28873) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 384.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ -7.
NAYS: None ...................................
.0.
Mrs. Bowles offered the roi)owing emergency Ordinance:
(#28874) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with S. C. Rossi and Company,
Inc., for the relocation of the City's storm drain at Hollins Road and
Rhodes Avenue, N. E.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 384.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor--- 7.
NAYS: None
Oo
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
bids for a fire alarm decoder, display system and transmitter, recom-
mending that Council accept the lowest bid meeting specifications as
submitted by N. B. Barber Company, in the amount of $32,217.50, and
reject all other bids; and that Council appropriate $20,000.00 from the
Capital Maintenance Equipment Replacement Program to Account No. 001-
004-9310-9508 {Transfer to the Capital Projects Fund), and appropriate
the same-amount to the Capital Projects Fund Account No. 008-052-9514-
9003 (Communications Control Center).
It was explained that the City of Roanoke is proceeding with
installation of tile Computer Aided Dispatch System including new com-
munications dispatch consoles and data terminals; and primary use of
the requested equipment is to allow the Municipal Fire Alarm System to
be terminated in the new consoles allowing the receipt of alarms and
retransmissions to fire stations in a quick and efficient manner.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28875) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 385.)
575
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None-
Mr. Musser offered the following emergency Ordinance:
(#28876) AN ORDINANCE providing for the purchase of a new fire
alarm decoder, display system and transmitter for use by the City, upon
certain terms and conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; rejecting the other bid made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 386.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None .............................
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor Lo tabulate
bids received for Norwood Sanitary Sewer Replacement, presented a writ-
ten report on behalf of the committee, transmitting the following
recommendations:
Authorize the award of a unit price contract to
E.C. Pace Compa~, Inc., in the amount of
$136,g33.40, in a form acceptable to the City
Attorney and the establishment of a contingency
fund for the project, in the amount of $13,693.34.
Reject all other bids received.
Rescind the original availability fee of $195~43 as'
based on the original agreement and establqsh~atnev( ·
availability fee of $241.67 as based on the actual
bid amount plus ten per cent and the cost of par-
ticipation of Park-Oak Grove, L. P.
Authorize the Director of Finance to set up a
receivable fund account in the Sewer Fund for
Park-Oak Grove's deposit of $36,798.11 and
appropriate that amount and $113,828.63 from the
Sewer Fund Retained Earnings to a new project
account to be determined by the Director of
Finance. The combined sums will include
$136,933.00 contract amount and $13,693.34 con-
tingency.
A report of the City Manager concurring in the recommendations,
was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28877) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 386.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
576
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................. 7.
NAYS: None ..................................................... O.
Mr. Garland offered the following emergency Ordinance:
(#28878) AN ORDINANCE accepting the bid of E. C. Pace Company,
Inc., for construction of Norwood Sanitary Sewer Replacement, upon cer-
tain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 387.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the fo]lowing vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........ --7.
NAYS: None ........
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 2:20 p.m.
APPROVED
ATTEST: ~
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 23, 1987
2:00 p.,n.
577
The Council of the City of Roanoke inet in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 23, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ......... . ........ 7.
ABSENT: None ...........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wi]burn C. Dibling, Jr., City Attorney; Joe] M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Dr. John W. Newman, Retired
Methodist Minister.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
The Mayor introduced Mr. and Mrs. Chai, Kyu-Cher from Seoul, Korea, who
were visiting the City of Roanoke as a part of the Sister City Progrmn.
ACTION:
ACTION:
BID OPENINGS:
CITY MARKET: Pursuant to notice of advertisement for bids for
exterior lighting for the Market Square Building, 32 Campbell Avenue,
S. E., said bids to be received by the City Clerk until 1:30 p.m., on
Monday, November 23, 1987, and to be he]d, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
J. M. Blair Company, Inc.
Davis H. Elliot Company, Inc.
$12,980.00
14,980.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the con~nittee.
CIVIC CENTER: Pursuant to notice of advertisement for bids for
repair of steps to the terrace and addition of a handicap ramp and
related work at the Roanoke Civic Center, said bids to be received by
the City Clerk until 1:30 p.m., on Monday, November 23, 1987, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
578
ACTION:
ACTION:
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Building Specialists, Inc.
H & S Construction Company
Construction Services of Roanoke, inc.
Jack Kain, Builder
$29,600.00
39,500.00
48,445.00
54,300.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CIVIC CENTER: Pursuant Lo notice of advertisement for bids for
exterior caulking and sealing of the Roanoke Civic Center Complex, said
bids to be received by the City Clerk until 1:30 p.m., on Monday,
November 23, 1987, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the one and only bid
received from Stroud Weatherstrip Company, in the total &m~unt of
$26,000.00.
Mr. Harvey moved that the bid be referred Lo a co~r~ittee to be
appointed by the Mayor for study, report and recommendation Lo Council.
The motion was seconded by Mr. Musser and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 16, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... .--7.
NAYS: None
O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and con~ittees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
ACT[ON:
579
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............................................. 7.
NAYS: None ..........
DIRECTOR OF FINANCE-DELINQUENT TAXES: A report of the Director of
Finance with regard to efforts and overall strategies of the Office of
Billings and Collections to secure delinquent funds due the City of
Roanoke, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... . ....... 7.
NAYS: None ..........
REGULAR AGENDA:
m
ACTION:
ACTION:
HEARING OF CITIZENS UPON PUBLIC HATTERS:
MISCELLANEOUS: The Mayor suggested that the request of Mr.
Jack Spainhour to address Council on behalf of "Friends of the Star" be
deferred until tile next regular meeting of Council on Monday, December
7, 1987, at 7:30 p.m.
Mr, Trout moved that Council concur in the suggestion. The motion
was seconded by Mr. Bowers and unanimously adopted.
HEALTH (MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY): Mrs.
Hortense Ruddick, representing Mental Health Services of the Roanoke
Valley, appeared before Council and read a prepared statement with
regard to services provided to the citizens of the City of Roanoke by
Mental Health Services.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Bowers moved that the statement be received and filed with
appreciation. The motion was seconded by Mr. Garland and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A con~nunication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6120 - $108,475.04 for the Chapter I
Carryover Program to provide
reading, language arts and mathe-
matics instruction for students in
targeted schools. The program is
one hundred per cent reimbursed by
federal funds.
Grant No. 6556 - $606.00 for the Juvenile Detention
Home Program to provide funds for
the salary and expenses of the
teacher at the detention home.
The program is one hundred per
cent reimbursed by state funds.
It was further advised that the Board requests Council to make
adjustments which represent decreases in the following school accounts:
58O
ACTION:
Grant No. 6557 - ($1,403.00) for the Child Develop-
ment Clinic Program which provides
funds for the salary and expenses
of the educational specialist at
the clinic. The adjustment repre-
sents a decrease in the allocation
for the program which is one
hundred per cent reimbursed by
State funds.
Grant No. 6558 - ($1,505.00) for the Bureau of
Crippled Children Program which
provides funds for the salary and
expenses of the educational spe-
cialist at the bureau. The
adjustment represents a decrease
in the allocation for the program
which is one hundred per cent
reimbursed by state funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Chapter I Carryover Program,
Juvenile Detention Home Program, Child Development Clinic Program, and
Bureau of Crippled Children Program are funded with 100 per cent
federal or state funds; and recommending that Council concur in the
request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(//28879) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 388.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ........ -0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PLANNING-GRANTS: The City Manager submitted a written report
advising that the City of Roanoke receives an annual entitlement from
the U. S. Department of Housing and Urban Development (HUD) in the form
of a Community Development Block Grant (CDBG); that the total CDBG
budget includes program income generated from parking lot receipts and
loan repayments; that the City received a year end program income due
to parking contract revisions, land sales and rehabilitation loan
repayments; that program income plus unexpended funds from completed
projects can be allocated to needed activities; that Council will be
briefed by the City Manager on December 7, 1987, on recommended activi-
ties for the funds; and citizen participation requirements call for an
evening public hearing by Council prior to amending the CDBG Statement
of Objectives to HUD.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing on Monday, December 7, 1987, at
7:30 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
581
ACTION:
Mr. Harvey moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Musser and unanimously
adopted.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that the City of Roanoke has operated a Food Stamp
Employment Services Program for several years and is one of 22 locali-
ties in the State chosen to participate in helping food stamp reci-
pients find employment; that Social Services budgeted $57,276.00 for
fiscal year 1987-88 for the Food Stamp Employment Program; that addi-
tional funding of up to $73,82/.00 was made available at the beginning
of the current 1987-88 fiscal year to expand the outreach activities;
and additional funding up to $23,906.00 to continue the Grant Diversion
Program was also made available.
It was explained that intensive casework and services are needed
similar to those used in Project Self-Sufficiency in order to motivate
Employment Services Program recipients to upgrade their income; that
two social worker positions will be transferred from Title XX Programs
to the Employment Services Program; that the Social Services Department
will negotiate with the Fifth District Employment and Training Consor-
tium for space for clients in the Job Search, Career Exploration, and
ABE/GED (Adult Basic Education/General Education Diploma Progrm~s; and
the proposed plan will provide more comprehensive services to disadvan-
taged families.
The City Manager recommended that Council appropriate $71,998.00
to the Employment Services Program to cover the additional education
and training programs through the Fifth District Employment and Train-
ing Consortium, and transfer $25,731.00 from the Social Services -
Services budget for two social worker positions.
Appropriate $71,998.00 to the following accounts:
$68,998.00 to #001-054-5316-2010, Fees
for Professional Services;
$ 1,000.00 to #001-054-5316-2020, Tele-
phone;
$ 2,000.00 to #001-054-5316-2046, Local
Mileage.
Transfer $25,731.00 to Employment Services from the
Social Services-Services budget as follows:
$20,556.00 from #001-054-5314-1002,
Regular Employee Salaries, to #001-054-
5316-1002.
$ 2,704.00 from #001-054-5314-1105, City
Retirement to #001-054-5316-1105.
$ 1,507.00 from #001-054-5314-1120, FICA,
to #001-054-5316-1120.
$ 756.00 from #001-054-5314-1125,
Hospitalization Insurance, to #001-054-
5316-1125.
$ 208.00 from #001-054-5314-1130, Life
Insurance to #001-054-5316-1130.
Increase the revenue estimate for Employment
Services, #001-020-1234-0681, for $97,729.00 and
decrease the revenue estimate for Public Assistance
Administration, #D01-020-1234-0676 by $25,731.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28880) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 389.)
582
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Gar]and and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ..... .6.
NAYS: None ........
(Council member Trout was out of the Council Chamber.)
DIRECTOR OF FINANCE:
Oe
FINANCIAL REPORTS:
cial report of the City of Roanoke for the month of October, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The Director of Finance submitted the finan-
The
CITY ATTORNEY:
LEGISLATION: The City Attorney submitted a written report
transmitting draft of the proposed Legislative Program for the City for
1988, advising that Council may add or delete items and amend provi-
sions of the Program; that the Program is probably the most ambitious
and extensive Council has ever considered; that there are twenty-six
specific legislative proposals, almost all of which are new; that among
the policy statements, the statement on "Special Needs of Central
Cities" has been extensively rewritten and the statement on "Govern-
mental Immunity" is new; that the Program once again includes the more
important legislative items recommended by the School Board and is a
joint Legislative Program for City Council and the School Board.
It was explained that the Legislative Program is the result of a
twelve month process; that immediately after the 1987 Session of the
General Assembly, ideas and background information was collected for
the 1988 Legislative Program and throughout the year the legislative
file was updated; and prior to putting the Program in draft form, com-
ments and suggestions were sought from the members of Council, Consti-
tutional Officers, Council-Appointed Officers and the City Manager and
his Directors.
Mr. Dibling advised that all the items included in the Legislative
Program have been evaluated by the following criteria:
1. Magnitude of importance;
®
Effect on efficiency of City government or
quality of life of residents; and
3. Political feasibility.
The City Attorney noted that a meeting with the City's delegation
to the General Assembly is scheduled for Monday, December 7, 1987, at
3:30 p.m., in the Council's Conference Room to present the 1988
Legislative Program.
(For full text, see report and proposed Legislative Program on file in
the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(~28881) A RESOLUTION adopting and endorsing a Legislative
Program for the City for 1988, and establishing a Special Meeting of
Council for 3:30 p.m., on December 7, 1987, for the purpose of pre-
senting the Legislative Program to the City's delegation to the 1988
Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 50, page 390.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles.
583
Mr. Bowers called attention to the timing of the proposed Legisla-
tive Program, advising that the meeting with the legislators is sche-
duled for December 7 instead of December 21 as previously discussed;
that Council members received the Program on Wednesday, November 18,
and he does not think he has had sufficient time for review and study.
With reference to matters which set tile legislative policy of the City,
he said he is of the opinion that they should be communicated to the
public for input, and advised that the meeting on Decmnber 7 should be
delayed. He explained that there are five issues that he would like to
have an opportunity to discuss with the members of Council, to make
known to the public, and to receive some type of reaction and/or cc~n-
ments.
For the abovestated reasons, Mr. Bowers offered a substitute
motion that the proposed 1988 Legislative Program be tabled, and that
Council reschedule the meeting with the City's delegation to the
General Assembly at a later date.
In clarification, the Mayor advised that it was not possible to
schedule the meeting with the legislators on Dec~nber 21 inasmuch as
one legislator will be out of the City for the holiday period, and it
was assumed that Council would be desirous of having all three legisla-
tors in attendance, therefore, the December 7 date was confirmed with
Senator Macfarlane and Delegates Woodrum and Thomas.
ACT I ON:
The Mayor called for a second to the substitute motion.
ACT ION:
There being no second, the Mayor declared the motion lost.
ACTION:
Mr. Bowers moved that the proposed 1988 Legislative Program be
amended on Page 18, Flood Control, by the addition of the following
language: Any State funds provided for flood control in the City shall
be paid directly to the City of Roanoke. The motion was seconded by
Mr. Harvey and unanimously adopted.
ACTION:
Mr. Bowers moved that the proposed 1988 Legislative Program be
amended on Page 14, Historic Structures, to provide for a fine up to
the appraised value of the demolished structure.
The Mayor called for a second to the motion for amendment.
ACTION:
There being no second, the Mayor declared the motion lost.
Mr. Bowers referred to language pertaining to the Explore Project,
Page 13, advising that Council is on record by a 7 - 0 vote on
March 18, 1985, in support of the Explore Project. He said since that
time the Explore Project has evolved into many different proposals than
what was originally presented to Council and to the community. He
explained that in light of recent revelations about the Project,
Council needs to reconsider its position and it is incumbent upon
Council to ask questions. He stated that he has met with represen-
tatives of the Explore Project on two occasions during the last year
and one-half and he has asked questions and was told by Explore repre-
sentatives Chat answers would be forthcoming; however, after two pri-
vate meetings and a year and one-half, he has not received answers to
his questions.
Mr. Bowers advised that Council needs to ask questions like what
impact wil{ the Explore Project have on the City of Roanoke; that he
has questions about the comments which were made recently concerning
flood control money and he is of the opinion that any funds should come
directly to the City of Roanoke. He said when the proposal was voted
on in 1985, it was stated that the steam train would connect between
Downtown Roanoke and the zoological park, however, no connection is
proposed at the present time and Council needs to raise questions; the
City needs to know why the parkway ends on Third Street in Vinton and
does not connect to 13th Street in Roanoke; what wi]] the traffic
impact be on 1-581 and Elm Avenue; will the landfill have to be moved
and, if so, why should the City have to pay for it. He said language
in the proposed Legislative Program does not go far enough, and the
time has come that Council needs to think about how the project will
impact on the City of Roanoke.
584
ACTION:
ACTION:
ACT[ON:
Mr. Bowers moved that the language on the Explore Project be
deleted from the proposed 1988 Legislative Program. The motion was
seconded by Mr. Harvey.
Mr. Trout advised that the critical time to bring the Explore
Project into focus is when the spotlight is on the General Assembly,
adding that the City Administration should study the project and its
impact on the City of Roanoke and present its findings to the General
Assembly.
The Mayor made the observation that he is always in favor of pro-
viding the citizens with an opportunity to have input on policy deci-
sions which will be made by Council, and referred to the possibility of
holding a special meeting of Council on Monday, December 7, at
2:00 p.m., in order for citizens to address the proposed 1988
Legislative Program. He said the Progrmn could be made available to
the citizens, they could express their concerns to the City Attorney,
and if meaningful amendments are suggested, the City Attorney could
bring the information to Council.
The Mayor made the further observation that all members of Council
are concerned about the Explore Project; that he believes the Explore
Project will become a reality; that there is ongoing dialogue which has
not been finalized, and suggested that Council ask the City Manager to
involve himself and his staff in continuing dialogue with the staff of
the Explore Project in order to see that the essential downtown connec-
tion becomes a reality so that it is a part of the program when it goes
to the General Assembly. He said it is of vital importance to have the
connection between the Explore Project and downtown Roanoke, and if the
proper officials work toward that goal, it can be agreed upon and par-
ties involved can go to the General Assembly with one mind with regard
to that particular aspect of the Explore Project.
Mr. Harvey advised that he has a multitude of questions about the
Explore Project; however, his main concern is whether the project will
dry up funds from the State for Southwest Virginia for the next ten
years. He said the statement in the proposed Legislative Program is
simply asking the General Assembly to reconsider the downtown connec-
tion which would directly benefit the City of Roanoke, and he does not
see a problem with the statement as written.
The motion made by Mr. Bowers to delete the section on the Explore
Project, page 13, of the Legislative Program was denied by the follow-
ing vote:
AYES: Council member Bowers ........ --1.
NAYS: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....... 6.
Resolution No. 28881 adopting and endorsing the proposed Legisla-
tive Program, with one amendment, was adopted by the following vote:
AYES: Council members Trout, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........ 6.
NAYS: Council member Bowers ........ ---1.
Mr. Bowers moved that the following matters be referred to the
City Manager, City Attorney and Director of Finance for study, report
and recon)nendation to Council:
The position to be taken by the City on the
disbursement of lottery funds; viz: whether
or not funds will be requested for return to
the City, and the formula therefor.
m
The position to be taken by the City on a
proposal to request the Virginia Housing
Development Authority to commit a portion of
its $63 million reserve for construction of
housing for the poor.
ACTION: The motion was seconded by Mr. Harvey and unanimously adopted.
585
m
ACTION:
ACTION:
The Mayor requested that the City Attorney provide Council with a
schedule for future Legislative Programs which will encompass the
following matters:
The timeframe for furnishing suggestions to
the City Attorney for inclusion in the
Legislative Program.
When will the Legislative Program be submitted
to Council?
3. When will Council receive input from citizens?
4. When will Council act on the Legislative
Program?
Be
When will Council and the School Board meet
with the City's delegation to the General
Assembly to present the Program?
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
TAXES: Mr. Evans B. Jessee, Attorney, representing Our Lady of the
Valley, Inc., requested that Council set a public hearing on a request
for tax exemption for a home for the elderly to be constructed by Our
Lady of the Valley, Inc., adjacent to St. Andrews Catholic Church.
Mr. Trout moved that the matter be referred to the City Attorney
for preparation of the necessary legal documents in order for Council
to hold a public hearing on Monday, December 7, 1987, at 7:30 p.m., or
as soon thereafter as the matter may be heard. The motion was seconded
by Mr. Garland and unanimously adopted.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in, attendance.
PARKS AND PLAYGROUNDS: The Mayor advised that there is a vacancy
on the Mill Mountain Development Committee created by the resignation
of Eleanor W. Alvis for a term ending June 30, 1988, and called for
nominations to fil) the vacancy.
Mr. Bowers placed in nomination the nmne of Frances S. Boon.
There being no further nominations, Ms. Boon was elected as a
member of the Mill Mountain Development Committee for a term ending
June 30, 1988, by the following vote:
FOR MS. BOON: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ........ 7.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
term of Robbie H. Burton as a member of the Citizens' Services
Committee expired on June 30, 1987, and called for nominations to fill
the vacancy.
586
ACT[ON:
Mrs. Bowles placed in nomination the name of Robbie H. Burton.
There being no further nominations, Miss Burton was reelected as a
member of the Citizens' Services Committee for a term ending June 30,
1988, by the fo)lowing vote:
FOR MISS BURTON: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor--- -1.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the
three year terms of James B. McCloskey, Ronald H. Miller, Charles W.
Hancock, Mary Lou Blevins, Ted Ashby and Charles R. Minter as members
of the Roanoke Neighborhood Partnership Steering Committee expired on
November 18, 1987; that Ms. Blevins and Messrs. Ashby and Minter have
declined to serve another term; and called for nominations to fill the
vacancies.
Mr. Garland placed in nomination the names of James B. McCloskey,
Ronald H. Miller and Charles W. Hancock.
ACTION:
There being no further nominations, Messrs. McCloskey, Miller and
Hancock were reelected as members of the Roanoke Neighborhood Partner-
ship Steering Committee for terms of three years each ending
November 21, 1990, by the following vote:
FOR MESSRS. MCCLOSKEY, MILLER AND HANCOCK: Council members Trout,
Bowers, Bowles, Garland, Harvey, Musser and Mayor Taylor ............. 7.
SCHOOLS: The Mayor advised that there is a vacancy on the
Virginia Western Community College Board created by the ineligibility
of Willis M. Anderson to serve another term, and called for nominations
to fi11 the vacancy.
ACTION:
Mr. Harvey placed in nomination the name of A. Byron Smith.
There being no further nominations, Mr. Smith was elected as a
member of the Virginia Western Community College Board for a term
ending June 30, 1991, by the following vote:
FOR MR. SMITH: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ........ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:25 p.m.
ATTEST:
City C1 erk
APPROVED
Mayo r
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
December 7, 1987
3:30 p.m.
587
,!
The Council of the City of Roanoke met in special session in the
Council's Conference Room, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, December 7, 1987, at 3:30 p.m., with
Mayor Noel C. Taylor presiding, pursuant to Section 10, Meetings of Council, of
the Roanoke City Charter, and pursuant to Resolution No. 28881 adopted by the
Council on Monday, November 23, 1987. '
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ............. 7.
ABSENT: None ....
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D.
Grisso, Deputy Director of Finance; and Mary F. Parker, City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate of
Virginia; the Honorable A. Victor Thomas, Member, House of Delegates; the
Honorable Clifton A. Woodrum, III, Member, House of Delegates; School Board
Chairman Edwin R. Feinour; School Board members Sallye T. Coleman, Donald
Bartol, David K. Lisk, LaVerne B. Dil)on, and James M. Turner, Jr.; Superinten-
dent Frank P. Tota; and Executive Assistant Superintendent and Clerk of the
Board Richard L. Kelley.
The meeting was opened with a prayer by Mayor Taylor.
The Mayor advised that the special meeting was called to discuss
the 1988 Legislative Program of the City of Roanoke with the City's
representatives to the General Assembly and the Roanoke City School
Board, pursuant to Resolution No. 28881.
On behalf of Council, the Mayor welcomed the legislators and
Schoo) Board members, and advised that the City is p)eased to make the
presentation for the consideration of the City's delegation to the
General Assembly and the City looks forward to making the presentation
on an annual basis. He said the program was prepared by the City
Attorney with the assistance, comments and suggestions of Council mem-
bers, School Board members, citizens, officials, and administrators. He
stated that the Legislative Program was adopted by Council, pursuant to
Resolution No. 28881 and consists of two parts: a series of policy
statements which represent the philosophy of Council on a number of
important policy issues, and specific legislative proposals. He
explained that the program also includes matters of great concern to
the Roanoke City School Board and emphasized that the program is being
presented jointly, noting that the educational statements bear the
endorsement of the School Board and School administration, and the City
Counci) and City administration. He said Council is of the opinion
that it is qualified to understand legislative needs of the community,
and to articulate those needs and bring them to the attention of the
City's representatives to the General Assembly. He explained that
during the upcoming session of the General Assemb)y, if questions
should arise concerning the position of the City on legislative mat-
ters, he hopes the legislators will feel free to contact the City
Attorney So will consult with the members of Council, School Board or
whomever is necessary to obtain the information which is needed. He
expressed appreciation to the City Attorney for his efforts in pre-
paring the 1988 Legislative Program.
The City Attorney reviewed the legislative proposals which include
the fol )owing:
588
SALES TAX - LOCAL OPTION
EXTENSION OF LOCAL EXCISE TAX TO ALCOHOLIC BEVER-
AGES ALONE
FINANCIAL STRESS OF URBAN SCHOOL DIVISIONS
SPECIAL EDUCATION
PRESCHOOL PROGRAMS FOR AT-RISK STUDENTS
REMEDIAL READING AND LITERACY PROGRAMS
CAPITAL KEDS OF SCHOOL DIVISIONS
EDUCATIONAL MANDATES
TRADE AND CONVENTION CENTERS
FLOOD PROTECTION
FUNDING OF PARKING GARAGES AS "TRANSPORTATION
ACTIVITIES"
TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/
VIRGINIA TECH
FULL FUNDING OF STATE MANDATED PROGRAMS
HEALTH DEPARTMENT AND STATE AND LOCAL HOSPITALIZA-
TION FUNDING
MENTAL HEALTH AND MENTAL RETARDATION - STATE
FUNDING
MENTAL HEALTH/MENTAL RETARDATION - DEINSTITUTION-
ALIZATION
CORRECTIONS BLOCK GRANT FUNDING FOR JUVENILE
FACILITIES
NURSING HOME FUNDING
REPORT OF SUBCOMMITTEE TO STUDY OUTDOOR RECREATION
NEEDS OF COMMONWEALTH
EXPLORE PROJECT
VIRGINIA MUSEUM OF TRANSPORTATION
DEMOLITION OF HISTORIC STRUCTURES
HEALTH INSURANCE
EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS
CORRECTIONS - OVERCROWDING OF LOCAL FACILITIES AND
STATE FUNDING
WATER MANAGEMENT
COLLECTIVE BARGAINING
In conclusion, the City Attorney advised that he looks forward to
working with each member of the City's delegation to the 1988 Session
of the General Assembly; that he will be pleased to be of service
during the session, and if there are questions in respect to City and
School Board positions, he would encourage the City's delegation to
call upon him to address concerns or questions after consulting with
appropriate officials.
Senator Macfarlane advised that improved state categorical
assistance is extremely important and he suspects that certain budge-
tary language during the upcoming Session of the General Assembly may
address the subject. With regard to the Trade and Convention Center,
he said a two year study committee for economic development in which he
is a member is working on the matter; that Brian J. Wishneff, Chief of
the City's Economic Development Department, has submitted a resolution
to the committee and it is possible that the study committee may be
extended for venture capital and other reasons for another year, and,
if so, he is of the opinion that the Trade and Convention Center Act
similar to Alabama, Tennessee and South Carolina will be included. He
said with reference to the $250,000.00 planning request, if Delegates
Thomas and Woodrum will place a companion budget amendment on the House
side, he will do the same on the Senate side. He commented that flood
protection is the City's number one priority and has been for some
time; that the $4.5 million request is fair and reasonable and the
General Assembly finds it difficult to turn down such requests, par-
ticularly if the locality is willing to put up fifty per cent on a
medium size project. He said there is precedent on a multi-
governmental basis to be involved in flood control, and if Delegates
Thomas and Woodrum will put in a $4.5 million request on the House
side, he will do the same on the Senate side.
With regard to funding of Parking Garages as "Transportation
Activities", Senator Macfarlane said a bill was before the Senate which
was narrowly defeated last year that included an expanded definition of
downtown tlrban transportation needs and was primarily pointed toward
Richmond, however, many persons representing urban areas saw the value
of the bill and it is possible that it could be expanded. With regard
589
II
m
to the Virginia Museum of Transportation, he said it would be appro-
priate for a one time flood recovery request, noting that when one
looks through the budget and sees the many and various straight line
items that go into museums around the state, be they transportation,
cultural, etc., there is a great deal of precedence, and if Delegates
Thomas and Woodrum will enter an amendment on the House side for the
House Appropriations Committee, he will do the same on the Senate side.
The final item Senator Macfarlane commented on was in reference to
the Explore Project. He presented each member of Council with copies
of three newspaper articles re§ardin9 the Explore Project, and urged
that Council members read each article at their convenience. He com-
mended the Mayor on the press conference last week with representatives
of the Valley governing bodies regarding valley-wide cooperation, and
encouraged the Mayor to continue to move forward along that vein of
thought. He recommended that the heads of the governing bodies meet
quarterly, and mentioned the idea of including himself and Senator
Emick along with Delegates Thomas, Woodrum, Agee and Cranwell as a part
of the meetings, in order to foster more open disclosure and comment
about priorities. He stated the fact that the Horse Center was broken
away from the area was noticeably absent in comments at the press con-
ference. He explained that in November, 1985 on Governor's Day in
Blacksburg, the money committees met and sponsors of the Zoo/Explore
Project were asked whether or not they wanted the Explore Project or
the Horse Center and they responded that they wanted the Zoo/Explore
Project; therefore the Horse Center was broken away on the basis that
the Roanoke Valley is entitled to only one major project. He said it
is important to know that a $59 million project is a great deal of
money, and it represents high risk politics to "place all of our eggs
in one basket" when we have a want list that is at least equal to that
or more. He encouraged that the City be introspective, examine,
investigate and think through the high risk politics it is being asked
to play with respect to the Explore Project. He said as a Senator or
as a citizen he does not think it is improper or negative to ask
questions, and applauded Council member Bowers for coming forth with
questions last week relative to the Explore Project.
Senator Macfarlane said he appreciates the opportunity to meet
with Council, that the Legislative Program is reasonable and achievable
and he is delighted to be of assistance on items above set forth, and
he is willing to put his shoulder to the wheel and help to the extent
that he can to encourage his colleagues on the Senate side to give
Roanoke an opportunity to participate in the largesse of the state.
Delegate Thomas advised that the surplus in Richmond has been
addressed, but no one has talked about any of the short falls --Medi-
caid, $100 million, Mental Health and Retardation, $14 million and
approximately $1 billion in capital outlay requests. He said there will
not be any new taxes during this session; that he has reviewed the
Legislative Program and, as in the past, he will do everything he can
to meet with other members of the House and Senate who represent cities
like Roanoke with the same types of problems. He stated that his
priorities this year will be mental health and parks, noting that he
plans to work with the City Attorney and others to do what can be done
in the specific areas of education, mental health, etc.; that he is
very much aware of the homeless population in cities like Roanoke, and
he is pleased to see that there are organizations in Roanoke that take
advantage of funds from Richmond which are intended to be used for the
homeless.
Delegate Thomas said he will continue to work with Delegate
Woodrum and others and Senators Macfarlane and Emick to do the best
that can be done for the Roanoke Valley. He explained that it is
important to keep in mind existing problems in Roanoke and tie in with
other cities that have similar problems.
Delegate Woodrum expressed appreciation for the cooperation of
the City Attorney, City Manager, and City staff and Dr. Tota and School
staff for their efforts to see that the citizens are served both
goverr~nentally and educationally. He complimented Council on a docu-
ment that clearly points out the magnet effect, particularly on Roanoke
because of its geographical location, and stated that he hopes this
portion of the document will be shared with other cities in a similar
situation. He also complimented the Mayor and Vice-Mayor on the press
590
conference which was joined in by Roanoke County, Salem, and Vinton
outlining the need for Valley cooperation. He said City Council has
always laid out a heavy agenda for the City's delegation, and the
agenda has always been one in which Council seeks to benefit not just
itself and the City, but the Roanoke Valley as a whole; that the 1988
Legislative Program continues that vein of thought, and the Mayor's
statement sets a hallmark for cooperation in the valley°
Mr. Musser pointed out difficulties of the school system in
obtaining funds for special education programs which are vitally
needed. He called attention to and expressed concern about new
programs which have been established by the State Board of Education
with no prior studies having been made of their effect on localities.
He said citizens of southwest Virginia have been slighted for a long
time, and if deterioration is allowed to continue in reference to eco-
nomic development, etc., it is going to be more expensive in future
years. He stated that he has given much attention to flood protection
and to flood problems, that Roanoke is not alone on the flood problem,
it is a state problem, and the State of Virginia is developing a repu-
tation of being a flood prone state. He explained that the state needs
to help Roanoke and look at the overall problem to determine if special
funding can be provided. He said he feels very strongly about funding
for the Virginia Transportation Museum, and pointed out that the
General Assembly needs to look at the entire southwest part of the
state.
Mr. Harvey advised that the City as been trying to convince its
representatives to the General Assembly that due to federal cutbacks,
the cities in the Commonwealth of Virginia are not faring well at the
present time. He said it is interesting to hear the phrase "no new
taxes" and since that has been his hallmark, he would like to say that
in 1980 the United States had a President who was opposed to raising
taxes, and as a result of that position this country is now running the
largest deficit in its history, and also due to that policy, virtually
every locality had to make some kind of shift in its tax burden. He
said when the Federal Government cut the City out of approximately $2
million per year, due to matters pertaining to the schools and the
magnet effect, etc., the City had no choice but to raise taxes.
With reference to the one-half cent sales tax, Mr. Harvey stated
that virtually every municipality in the Commonwealth of Virginia has
requested that particular tax at the Virginia Municipal League,
advising that it was the top legislative priority of the VML because
localities are faced with the fact that they can no longer go to the
citizens and raise taxes. In reference to the extension of the local
excise tax to alcoholic beverages alone, should the General Assembly
grant the proposal, he said he would highly recommend that Council
r~ove the tax on prepared food. He stated Council needs to look at
the personal property tax, noting that there are several things Council
could do and still maintain its program of progress and at the same
time give relief to the citizens it serves. He added that he hopes the
state will take the lead on flood control.
Mr. Garland advised that the City Attorney has prepared a fair
analysis of the City's needs; therefore, knowing that other cities are
going to have similar lists he would agree with Delegate Thomas that
the City must be realistic about what it is going to get, adding that
his main interest is that the City receives its fair share. He said
formulas, particularly in special education, disadvantaged youth, etc.,
are not fair to the cities. He co,ended the Mayor for his efforts in
trying to bring the valley governments together.
Mr. Bowers advised that he has requested the Director of Finance
to analyze the distribution formulas for the state lottery that was
passed by the citizens of Virginia in November, noting that it is
important for the City to determine which formula of disbursement is
best and advise its delegation accordingly. He said he would like to
see some of the lottery money come back to the City to support services
such as education, elderly, and recreational improvements.
m
Mr. Bowers said he was informed at the Virginia Municipal League
Regional Meeting in Lynchburg in November that a position should be
taken on the $63 million reserve of the Virginia Housing Development
Authority, noting that it is his understanding that the VHDA has a
history of building middle class homes, and there has been criticism
that it does not have a true commitment to housing for the poor. He
requested that the City's delegation review the matter as requested by
the Virginia Municipal League in order to institute loans and grants
for constructing homes for the urban poor.
With regard to the demolition of historic structures, Mr. Bowers
said he does not think the language in the Legislative Program goes far
enough, advising that citizens in old southwest are intensely inte-
rested in preserving and conserving their neighborhood, and restruc-
turing of certain local and state laws is needed. He explained that he
is not in favor of incarcerating a person who has demolished a historic
structure inasmuch as first offenders are usually not jailed; that the
civil penalty should be raised to the assessed value of the damaged
structure; and requested that the City's delegation take his suggestion
under consideration.
In reference to the Explore Project, Mr. Bowers presented a state-
ment advising that when Explore was announced two years ago, Council
was told that the project would be "clean from local government
intervention"; that after two years it is not "clean" because Roanoke
County, Vinton, the City of Roanoke and others are being asked to par-
ticipate; that if the project is going to be built, it is the role of
the governing bodies to ask questions and he has put together a list of
seven questions pertaining to the landfill, downtown access, possible
traffic congestion at 1-581 and Elm Avenue, the need for the trade
center to be built in downtown Roanoke and not at Explore and the park-
way extension, etc. He requested consideration of his questions,
advising that public funds require public scrutiny.
Mr. Bowers said he is interested in establishing flood control as
the number one goal of the City, advising that the City cannot go for-
ward if it is faced with flooding in the downtown area and in the area
of a major hospital along Franklin Road and Reserve Avenue. He noted
that he has been talking about the magnet effect for several years, and
he is glad to see that it is one of the number one policy statements of
Council and the City.
Mr. Trout advised that the City does not want to find itself
moving into an area of negative thinking, and everyone has his or her
own views on the Explore Project. He stated that the Explore Project
will not bring harm to the City of Roanoke; that it is an exciting
challenge to decide how the City can best use the Explore Project to
its advantage; and he sees many ways in which the Project will be an
asset to the City of Roanoke. He added that Roanoke is going through
an exciting time and he would like for the delegation to carry the
message to Richmond that Roanoke is positive in its attitude. He said
the Governor and the Budget Committee already know what is going to be
included in the budget which will be presented to the General Assembly
in January; that the Governor probably has his mind made up about the
Explore Project and no message the City could send to Richmond is going
to change the Governor's sense of direction; therefore, the City needs
to take its assets and work '~th the City's delegation to the General
Assembly in an effort to leave a positive message. He pointed out that
we are moving ahead in Roanoke and that is the message he would like to
convey.
Mrs. Bowles advised that she agrees with most of what has been
said. She said all of the things that have been requested are of real
significance -- convention center, transportation needs, Explore
Project, flood control -- and they are items that will not only effect
the citizens of Roanoke, but the entire southwest Virginia. She said a
unified front should be displayed that there are common needs and
desires, and the assistance of the City's delegation to the General
Assembly is needed to carry out requested projects. With regard to
education, she said it is deplorable when one looks at the Standards of
591
592
Quality amount of $2,400.00 per pupil for fiscal year 1987-88 and the
City receives only $848.00 per pupil, leaving a $1,552.00 difference
that the City must pick up in ils tax structure locally. She added
that Council will not allow substandard education in the City of
Roanoke, but the help of the City's delegation is needed to see that
the formula is adjusted and that adequate funds are provided for educa-
tion.
Chairman Feinour commended Mr. Dibling on the contents of the
Legislative Program, advising on behalf of the School Board, that he is
appreciative of the tremendous support given to education in the City
of Roanoke; however, as several members of Council have stated, full
funding of the standards of quality and the categorical education man-
dates is needed. He said it is of special importance because of the
number of disadvantaged students in the City. He added that progress
has been outstanding in the educational program, but there is much that
has not been done because of economic considerations and funding for-
mul as.
Mrs. Dillon advised that the School Board has paramount concerns
about the education of children. She said legislators have to deal
with numerous of overwhelming problems, concerns and issues, and the
School Board knows the delegation will approach issues and concerns
statewide, and will deal with those issues knowledgeably and with wis-
dom.
Mr. Bartol advised that there are two areas that are devastating;
viz: special education programs and the Department of Human Services.
He said the Department of Human Services is all encompassing, however,
one phase pertains to the homeless, and asked if there is any way to
present facts and figures on these two areas in order to get the point
across. He said he serves on the Board of Directors of the Salvation
Army, and it is a real eye opener to know the number of people in the
City of Roanoke who are in need of help.
Mrs. Coleman advised that she would like to re-emphasize the
request of the City Attorney to the General Assembly to give serious
consideration to the JLARC recommendations relating to funding for spe-
cial education programs, and she expressed concern about the basic
state aid formula.
Mr. Lisk expressed appreciation for the keen interest and support
of Council in the schools category as well as other aspects of the
total life of the City.
Mr. Turner pointed out that the document before Council and the
statements that have been made are demonstrations of the close working
relationship between the School Board and City Council as well as the
administrations. He expressed concern about disadvantaged youth. He
said he is appreciative of the efforts of the legislators and offered
any assistance he may be able to provide.
Dr. Tota expressed appreciation to Council for including the
schools as a part of the Legislative Program. He said had it not been
for our legislators, the City would not have the quality of programs
that it now has, particularly the Govenor's School which serves a
number of high schools from around the area. He stated that the School
Board is extremely appreciative that the legislators did not allow
categorical funds to be cut. Dr. Tota said the Governor is looking at
the JLARC study, that there are a number of proposals, and advised that
he is on record as supporting proposal number five which will make the
cities equivalent with the monies the counties surrounding the cities
receive. For example: if the City w~re to get formula number five, it
would receive as much assistance as Roanoke County, which is $2 million
more than the City currently receives even though the County has the
same number of students but not the same kinds of needs. He said if
the JLARC study cannot be funded, the School Board would then support
categorical funding for disadvantaged youth.
Mr. Herbert expressed appreciation for the opportunity of working
with the City Attorney on the Legislative Program, and pledged the sup-
port of his staff to the City Attorney and the City's delegation to the
General Assembly during the upcoming session.
593
The Mayor advised that together we can promote the 1988 Legisla-
tive Progrmn and we. can move western Virginia ahead. He expressed
appreciation to the City Attorney for a job well done.
There being no further business, the Mayor declared the special
meeting adjourned at 5:25 p.m.
ATTEST:
City C1 erk
APPROVED
Mayor
594
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 7, 1987
/:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 7, 1987, at 7:30 p.m., with Mayor
Noel C. Taylor presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as~en~Jed, an~l.pursua.n,t ~.
~ R-R-~-~-~i~-~ ~ 28870, adopted by the Council on Monday,~be~ 16~' 198~,J~
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor .............. ---7.
ABSENT: None-
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Pauline Haskins,
Secretary, Virginia Association of the Church of God.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: A representative of the Roanoke City Schools appeared
before Council and presented the Mayor, each member of Council, and
Council Appointees with notepads decorated by art students in the
Roanoke City School System.
On behalf of the members of Council and Council Appointees, the
Mayor expressed appreciation.
PLANNING-ACTS OF ACKNOWLEDGEMENT: Mrs. Bowles offered the
following Resolution memorializing the late Gordon N. Dixon, Executive
Director of the Fifth Planning District Commission:
(#28882) A RESOLUTION memorializing the late Gordon N. Dixon,
Executive Director, Fifth Planning District Commission.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor--- .-7.
NAYS: None .........
.0.
The Mayor presented a framed copy of the Resolution to Ms. Helen
Smythers, representing the Fifth Planning District Commission.
PUBLIC HEARINGS:
TAXES: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Monday, December 7, 1987, at 7:30 p.m.,
or as soon thereafter as the matter may be heard, on the request of Our
Lady of the Valley, Inc., for a designation of property to be exempted
from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday,
November 27, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
595
il
ACTION:
ACTION:
Hr. Trout offered the following Resolution:
(#28883) A RESOLUTION supporting tax exemption of property owned
by Our Lady of the Valley, Inc., in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-profit
basis, and memorializing a certain agreement between Our Lady of the
Valley, Inc., and this City.
(For full text of Resolution, see Resolution Book No. 50, page 392.)
Mr. Trout moved the adoption of the Resolution.
seconded by Mr. Garland.
The motion was
Mr. Evans B. Jessee, Attorney, representing Our Lady of the
Valley, Inc., appeared before Council and advised that the petitioner
plans to construct a home for the elderly, containing approximately 116
living units, with 30 nursing home beds on property located on tile
westerly side of North Jefferson Street.
No other person wishing to address Council with regard to tile
matter, Resolution No. 28883 was adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......... 6.
NAYS: None ........ O.
(Council member Bowers abstained from voting inasmuch as he previously
served on tile Church Board of Our Lady of the Valley.)
Mr. Jessee pointed out that Our Lady of the Valley, Inc., will
provide for payment to the City of Roanoke of five per cent of what the
real estate tax levy would have been on the real property to be
exempted from taxation in lieu of such tax.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on ,Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, December 7, 1987, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Val)ey Lumber
Corporation and E. Marvin Lemon, et. al., that portions of Winston
Avenue, S. W., be permanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 20, 1987, and Friday, November 27, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be granted, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28884) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 410.)
The motion was seconded by Mr. Trout.
Mr. Philip H. Lemon, Attorney, representing the petitioners,
appeared before Council in support of the request of his client.
The City Attorney called attention to an error on page 2, line 17
of the metes and bounds description in Ordinance No. 28884 in which the
figure 370.00 feet should read 379.00 feet.
596
ACT[ON:
ACTXON:
Mr. Bowers moved that Ordinance No. 28884 be amended as above-
stated by the City Attorney. The motion was seconded by Mr. Trout and
unanimously adopted.
No other person wishing to address Council with regard to the
matter, Ordinance No. 28884, as amended, was adopted on its first
reading by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 1,
NAYS: None ......
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 7, 1987, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of the Roanoke City
Planning Commission to amend Section 36.1-640, of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended, in order to
reduce the required number of members of the City Planning Commission
who must serve on the City's Architectural Review Board from two to
one, the matter was before the body.
Le9al advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 20, 1987, and Friday, November 27, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the followin9 Ordinance be placed upon its
first reading:
(#28885) AN ORDINANCE amending §36.1-640, .Appointment, member-
}hip, of Division 2, Architectural Review Board, Article VII, Admini-
stration, Chapter 36.1, Zoning, Code of the City of Roanoke (1¢~9), as
amended, pertaining to the appointment of members of the City's
Architectural Review Board.
(For full text of Ordinance, see Ordinance Book No. 50, page 412.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the proposed
amendment, Ordinance No. 28885 was adopted on its first reading by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ........
BUDGET-PLANNING-GRANTS: Pursuant to instructions by Council, the
City Clerk having advertised a public hearing for Monday, December 7,
1987, at 7:30 p.m., or as soon thereafter as the matter may be heard,
to consider an amendment to the fiscal year 1987-88 Community
Development Block Grant Budget and Statement of Objectives to the
United States Department of Housing and Urban Development, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning and evening editions of the Roanoke Times & World-News on
Wednesday, November 25, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
597
The City Manager submitted a written report advising that the City
currently has available in the Community Development Block Grant budget
$3,177,000.00 for implementation of community development projects;
that the City received a year-end program income due to parkin§
contract revisions, land sales and rehabilitation loan repayments; and
program income plus unexpended funds from completed projects totals
$446,012.00, bringing the total fiscal year 1987-88 budget Lo
$3,623,012.00 includin9 funds originally received in previous years.
FY 1984-85 funds to be transferred to new pro-
jects- $1,123.00.
FY 1986-87 funds Lo be transferred to new pro-
jects- $332,559.00.
FY 1987-88 funds to be transferred Lo new pro-
jects - $61,330.00 plus $51,000.00 in program
income to be appropriated.
It was explained that the City Manager has received proposals
totalling $1,073,630.00 for use of the additional funds; and recom-
mended projects totalling the available $446,012.00 are described as
follows:
Critical Home Repair
Vacant Lot Homesteading
Phoenix Project
CDBG Rental Rehab
Deanwood Expansion
Neighborhood Kids Project
Housing Marketing
Gainsboro PAC Administration
City CDBG Administration
Housing Development Administration {City)
Franklin/Elm Master Plan
Neighborhood Plans
$ 65,000.00
18,000.00
50,000.00
50,000.00
200,000.00
2,630.00
5,382.00
12,500.00
4,000.00
3,500.00
15,000.00
20,000.00
The City Manager recommended that he be authorized to submit an
amendment to the U. S. Department of Housing and Urban Development of
1987-88 Community Development Block Grant Statement of Objectives; and
authorize the Director of Finance to transfer funds from program income
accounts and completed project accounts to accounts established for
recommended projects as previously set forth, and set forth in more
detail in Attachment B to the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28886) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 393.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... ---7.
NAYS: None .........
Mrs. Bowles offered the following emergency Ordinance:
(#28887) AN ORDINANCE authorizing the filing of an amendment with
the United States Department of Housing and Urban Development (HUD) of
the 1987-88 Community Development Block Grant (CDBG) Statement of
Objectives; authorizing the execution and filing of certain documents
relating thereto; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 394.)
598
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, t~sser,
Trout and Mayor Taylor ......... 7.
NAYS: None .......
Oe
ACTION:
ACTION:
ACT[ON:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Counci! and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, and acquisition of real estate.
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 23, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr, Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ .7.
NAYS: None .............
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and co~Lmittees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (lg50), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None ........
-0.
COUNCIL-SCHOOLS: A communication from Richard L. Kelley, Clerk of
the School Board, requesting an Executive Session in order for the
Chairman of the School Board to discuss the acquisition of real estate,
pursuant to Section 2.1-344 {a} {2) Code of Virginia (1950) as
amended. ' '
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Clerk of
the School Board to convene in Executive Session to discuss the
acquisition of real estate, pursuant to Section 2.1-344 {al {2), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Bowers
and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ....... O.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
INDUSTRIES: A report of qualification of John J. Butler as a
Director of the Industrial Development Authority of the City of Roanoke
for a term of four years, commencing October 21, 1987, and ending
October 20, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ......
SCHOOLS: A report of qualification of A. Byron Smith as a member
of the Virginia Western Community College Board for a term ending
June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .7.
NAYS: None .........
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Ronald H. Miller as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 21, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... .7.
NAYS: None ...... O.
ANNUAL REPORTS-PLANNING: The Annual Report of the Fifth Planning
District Commission for the year 1987, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ........ O.
PENDING LIST: A list of items pending from July 10, 1978, through
November 23, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... ----7
599
NAYS: None .......... O.
600
ACTION:
tiEALTH DEPARTMENT: Communications from Dr. Fred P. Roessel, Jr.,
Executive Director, Mental Health Services of the Roanoke Valley,
recom~nending the reappointment of Henry L. Woodward for a three year
term and Nancy F. Canova for a two year term, as at-large members of
the Mental Health Services, Board of Directors, were before Council.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendations. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None ...........
.0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds to school
accounts, was before the body.
Grant No. 6413 - $183,413.00 for the Alternative
Education Program for 1988 to provide instruction
and guidance services to secondary level students
who are at risk of leaving school due to poor aca-
demic achievements, low or unrealistic self-
concept, or a poor understanding of academic
preparation required to achieve their career
interests. The program will be funded by local
match in the amount of $126,413.00 and from federal
funds in the amount of $57,000.00.
Grant No. 6555 - $28,710.00 for the Flow Through
Program to provide aid for the education and
guidance of handicapped students. The adjustment
represents an increase in the allocation for the
federal portion of the program. The program will
be one hundred percent reimbursed by state and
federal funds.
The School Board further requested that Council appropriate
$140,041.00 from the Capital Maintenance and Equipment Replacement Fund
for the replacement of equipment, the repair of school roads and
playgrounds, and the retrofit of school buses to meet mandates,
advising that the appropriation request represents the third install-
ment of the Schools' share of the fiscal year 1987-88 Capital Mainten-
ance and Equipment Replacement Fund.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriations; that the Alternative Education Program
and Flow Through Program are funded with local, federal and state
funds; and recommending that Council concur in the request, was also
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance: :
(#28888) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 395.)
m
m
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None .... O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
COUNCIL: The City Manager submitted a written report advising
that Council has held City Council meetings in each of the four neigh-
borhood quadrants during the past five years; that on May 2, 1983,
Council voted to continue meetings in the four neighborhood quadrants
of the City each year; that City Code provisions require that the
first, third and fourth regular monthly meetings of Council shall be
held at 2:00 p.m., in the Council Chamber and the second regular
monthly meeting of Council shall be held aL 7:30 p.m., in the Council
Chamber, and Council, by resolution, is required Lo designate a new
time, date and location of any City Council meeting.
It was advised that facilities are available on the following
dates:
January 25, 1988
February 22, 1988
March 28, 1988
April 25, 1988
- Fallon Park Elementary School
- Monterey Elementary School
- William Fleming High School
- Hurt Park Elementary School
The City Manager recommended that Council adopt a measure
establishing the time and location of certain regular meetings of
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28889) A RESOLUTION establishing the time and location of cer-
tain regular meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 396.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... 7.
NAYS: None ...........
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a
written report advising that the City of Roanoke receives funds from
the United States Department of Agriculture through the Virginia
Department of Corrections to enhance the food service program of the
Crisis Intervention Center (Sanctuary), Juvenile Probation House (Youth
Haven), and Juvenile Detention Home; and USDA funds for the fourth
quarter of 1986-87 and first quarter of 1987-88 have been received by
the City of Roanoke for- the facilities, as follows:
Crisis Intervention Center -
Juvenile Probation House -
Juvenile Detention Home -
$ 2,401.00
1,862.00
4,316.00
601
Total $ 8,579.00
602
ACTION:
The City ~bnager reconmlended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House and
Juvenile Detention Home, as follows:
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$2,401.00 to Account No. 001-054-3360-3000
Juvenile Probation House - Revenue
001-020-1234-0662 - USDA - Youth Haven
$1,862.00 to Account No. 001-054-3350-3000
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
$4,316.00 to Account No. 001-054-3320-3000
Total Revenue and Appropriations
$8,579.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28890) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 396.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... -7.
NAYS: None .........
BUDGET-SIDEWALK, CURB AND GUTTER: The City Manager submitted a
written report advising that Council awarded a contract to N & S
Construction Company, in the amount of $320,000.00, on February 2,
1987, pursuant to Ordinance No. 28517, for Phase II, Curb, Gutter and
Sidewalk; that Bullitt Avenue, S. E., completion was transferred from
Phase I to Phase II due to lack of funds within the Phase [ contract;
that existing entrances and sidewalk along Rugby Boulevard, N. W., were
to be saved but could not because of their poor condition; that two
change orders have been executed to date; and a change order needs to
be executed to cover additional quantities for the completion of
Bullitt Avenue, S. E.
The City Manager recommended that Council authorize execution of
Change Order No. 3, in the amount of $26,3g0.63, to the contract with
H & S Construction Company, Phase II, Curb, Gutter and Sidewalk with
funding as follows: '
Transfer $11,182.00 remaining in Phase I Contin-
gency, from Account No. 008-052-9579, to Phase II
Account No. 008-052-9548.
Transfer $306.00 remaining in Neighborhood School
Sidewalk Contingency, from Account No. 008-052-
9531, to Phase II Account No. 008-052-9548.
Utilize existing contingency in Phase II Account
No. 008-052-g548, in the amount of $7,655.00.
6O3
Transfer from 1985 Bonds $1,248.00, from Account
No. 008-052-9577-9181, to Phase l l, Curb, Gutter
and Sidewalk Account No. 008-052-9548.
(For full text, see report on file in the City Clerk's Office.)
ACT[ON:
Mrs. Bowles offered the following emergency budget Ordinance:
(#28891)
the 1987-88
emergency,
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 397.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None ......
ACT[ON:
Mrs. Bowles offered the following emergency Ordinance:
(#28892) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 3 to the City's contract with H & S Construction Co.,
for construction of sidewalk, curb and gutter improvements; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 398.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... ~.
NAYS: None .......
Oe
BUDGET=GRANTS: The City Manager submitted a written report
advising that Council approved a request to revise the funding levels
and activities previously approved by Council to implement the Loudon
Avenue Revitalization Program at a special meeting held on Thursday,
March 21, 1985; and pursuant to Ordinance No. 27490, the City Manager
was authorized to extend certain grants and loans to the Northwest
Neighborhood Environmental Organization, Inc., to implement the
following revitalization activities:
Grants totaling $18,200.00 to:
Purchase 810 Loudon Avenue ($12,500.00)
PurchaSe three vacant lots in the 800 block of
Loudon Avenue ($3,700.00)
Purchase and demolish 822 Loudon Avenue ($2,000.00)
Loans totaling $26,800.00 to:
Rehabilitate 810 Loudon Avenue to provide three
Section 8 rental units ($26,800.00)
It was explained that agreements between the City
and the NNEO have been executed as follows:
Grant Agreement for the acquisition of 810 Loudon
Avenue in the amount of $12,500.00 dated March 29,
1985; and
604
Grant Agreement for the acquisition of three lots
on Loudon Avenue in the amount of $4,000.00 dated
April 22, 1985; and amended in the amount of
$3,/00.00 on November 11, 1985.
Loan Agreement for the rehabilitation of 810 Loudon
Avenue in the amount of $20,000.00 dated April 25,
1985.
Loan Agreement for the completion of 810 Loudon
Avenue in the amount of $6,800.00 dated December 4,
1985.
Grant Agreement for the acquisition and demolition
of 822 Loudon Avenue in the amount of $2,000.00
dated November 11, 1985.
It was further advised that a loan agreement between the NNEO and
Charter Federal Savings and Loan Association has been executed, in the
amount of $51,000.00; and these funds combined with the $26,800.00 CDBG
loan were used for the rehabilitation of 810 Loudon Avenue, N. W.,
pursuant to the original revitalization plan approved by Council in
March 1985.
The City Manager pointed out that 810 Loudon Avenue has been
completed; that all loans on tile property are current and the property
is fully rented and in good repair; that the status of vacant lots to
be acquired under the original plan is that two have been purchased,
and one has not been acquired, however, it is being maintained by the
NNEO with owner support; that 822 Loudon Avenue accepted contract for
sale has been negotiated, and title defects are currently being cleared
by private attorneys; that the National Committee on the Self-Develop-
ment of People has granted the NNEO $25,000.00 for the development of
additional affordable housing in the Gl)met community; that a request
has been made by the NNEO to the City of Roanoke for the donation of a
second Shadeland Avenue house for rehabilitation using the $25,000.00
grant; that the vacant lot in the 700 block of Loudon Avenue was not
included in the original plan but has been offered to the NNEO for
purchase; and relocation and rehabilitation of the second Shade)and
Avenue house requires that the NNEO be allowed to deviate from the
revitalization plan approved by Council on March 21, 1985, as follows:
Extend the boundaries of the original plan. to
include the 700 block of Loudon Avenue.
Increase the funds available for the purchase of
vacant lots under the revitalization plan from
$3,700.00 to $5,200.00.
Use $1,500.00 for the purchase of the lot in the
700 block of Loudon Avenue identified as Official
Tax No. 2111618.
The City Manager recommended that he be authorized to execute a
second amendment to the Grant Agreement dated April 21, 1985, with the
Northwest Neighborhood Environmental Organization, Inc., in order to
increase the amount of the grant from $3,700.00 to $5,200.00, to permit
the NNEO to purchase an additional lot bearing Official Tax No.
2111618.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28893) AN ORDINANCE authorizing an amendment to the Grant
Agreement dated April 22, 1985, with the Northwest Neighborhood
Environmental Organization, Inc.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 399.)
605
ACTION: Mr. Bowers moved the adoption of the Ordinance. Tire motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... .-7.
NAYS: None ......
Ow
GRANTS-FLOODS: The City Manager submitted a written report
advising that Shadeland Avenue was the site of severe flooding and
property damage in November, 1985; that Council has purchased all pro-
perty on Shade]and Avenue and is converting the site into a dry basin
for downstream flood control; that Council approved the gift of a house
located at 917 Shadeland Avenue, N, W., to the Northwest Neighborhood
Environmental Organization (NNEO) on December 15, 1986, for relocation
and repair; and the NNEO has completed relocation and repair of the
house now located at 706 Gilmer Avenue, N. W.
it was explained that the NNEO has requested that Council approve
the gift of another Shadeland Avenue house to the organization for
relocation and renovation in the 700 block of Loudon Avenue; that the
house will be offered for sale to a low-moderate income family; that
NNEO has received funding in the amount of $25,000.00 from the National
Committee on Self Development of People for use in the development of
affordable housing; and the funds will be used toward the relocation
and renovation of the requested house.
The City Hanager recommended that Council approve the gift of a
house located at 953 Shadeland Avenue, N. W., to the NNEO on conditions
that:
The house will be removed from Shadeland
Avenue by the NNEO within 45 days of the
effective date of the Ordinance.
Property will be transferred on the day it is
moved.
Risk of loss with respect to the house will
pass to the NNEO at the time of transfer.
House will be conveyed to the NNEO in "as is"
condition with no expressed or implied warran-
ties;
The NNEO will agree to indemnify and hold
harmless the City, its officers, agents, and
employees from any and all liability growing
out of the location of the house on City pro-
perty, movement, relocation and renovation of
the house and showing it to interested par-
ties.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28894) AN ORDINANCE providing for the City's gift to the
Northwest Neighborhood Environmental Organization, Inc., of the house
located at 953 Shadeland Avenue, N. W., upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 412.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
fol]owing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... . ...... 7.
NAYS: None ......... .0.
606
ACT[ON:
ACTION:
EQUIPMENT-CITY INFORMATION SYSTEMS: The City Manager submitted a
written report concurring in a report of the Bid Committee with regard
to procurement of MVS/XA software and computer hardware.
It was advised that on March 23, 1987, Council adopted a report
recommending procurement of computer hardware and software including a
4381 central processing unit, disk subsystem, printer and the MVS/XA
operating system; that bid specifications were sent to 17 companies on
July 22, 1987; that MVS/XA Software is available from only one source,
and a sole source procurement is allowable under Section 23.1-6(a) of
the Code of the City of Roanoke.
The committee recommended and the City Manager concurred in the
recemmendation that Council accept the bid of IBM, in the amount of
$/26,056.00 (bid price of $761,676.00 less State discount of
$35,620.00); that the City Manager be authorized to execute the
appropriate contracts; and that Council appropriate funds for the
acceptance of the bid (and $25,430.00 in other project costs) from the
Internal Service Fund retained earnings, for a total project cost of
$751,486.00 to the following accounts:
006-050-1601-2005
006-050-1601-2044
006-050-1601-3070
006-050-1601-9015
Maint. Contracts
Training & Develop.
Equip. Rental/Lease
Other Equipment
$ 5,738.00
9,000.00
18,000.00
718,748.00
Total $751,486.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28895) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 399.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... --7.
NAYS: None ......
O®
Mr. Garland offered the following emergency Ordinance:
(#28896) AN ORDINANCE accepting the bid of International Business
Machines Corporation for the purchase of certain computer hardware,
upon certain terms and conditions and also providing for the lease of
certain sytems software from International Business Machines Corpora-
tion as a sole source procurement and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 400.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None ..........
.0.
BUDGET-JUVENILE DETENTION HOME: The City Manager submitted a
written report advising that the 1985 Session of the General Assembly
adopted Sections 16.1-284.1. A - E, Code of Virginia, to provide for
juveniles 16 years or older, in accordance with specific conditions, to
be sentenced to serve up to 30 days or up to six months in a secure
detention facility; and the Virginia Board of Corrections has adopted
"Standards for: Post-Disposition Confinement for Secure Detention and
Court Service Unit" in accordance with Section 16.1-284.1.D.
607
It was explained that the Roanoke Juvenile Detention Home and
Court Service Units for Roanoke City and Roanoke County/Salem City have
developed agreements and guidelines for post-disposition confinements
of juveniles at the Roanoke Juvenile Detention Home, which agreements
and guidelines meet the approval of the City Administration and the
Judges of the respective juvenile courts; that the Virginia Department
of Corrections has approved the agreements and guidelines and a budget
in the amount of $19,336.00 for implementation of the program during
fiscal year 1987-88; that the first and second quarter allotments of
$9,668.00 have been received; that third and fourth quarter allotments
of $4,834.00, each, can be anticipated to be received in January and
April, 1988, respectively; and funding for future years will be
included in the base apportionment of funds for operating juvenile
correction facilities, pursuant to Section 16.1-322.2, Code of
Virginia.
It was advised that implementation of the agreements for post-
disposition sentencing of juveniles at the Roanoke Juvenile Detention
Home is contingent upon the approval of Council and the appropriation
of funds allocated by the Virginia Department of Corrections.
The City Manager recommended that Council concur in the Juvenile
Detention Home providing post-disposition confinement for juveniles,
and appropriate $19,336.00 to the Juvenile Detention Home.
Juvenile Detention Home - Revenue
$19,336.00 to Account No. 001-020-1234-0654
Juvenile Detention Home - Appropriation
$15,668.00 to Account No. 001-054-3320-1004
$ 1,148.00 to Account No. 001-054-3320-1120
$ 2,520.00 to Account No. 001-054-3320-2046
Total Appropriations
$19,336.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered tile following emergency budget Ordinance:
(~28897)
the 1987-88
emergency,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 401.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... .--7.
NAYS: None ........ O.
Mr. Harvey offered the following Resolution:
(#28898) A RESOLUTION approving certain agreements and guidelines
to expand the operations of the City of Roanoke Juvenile Detention Home
so as to provide certain post-disposition detention care and services
pursuant to §16.1-284.1, Code of Virginia (1950), as amended.
(For full text of Resolution, see Resolution Book No. 50, page 401.)
ACTION: Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the roi]owing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None ......... O.
608
ACT[ON:
GRANTS-ROANOKE N~[GHBORHOOD PARTNERSHIP: The City Manager sub-
mitred a written report advising that on April 13, 1987, pursuant to
Resolution No. 28604, Council approved submission of the 1987-88
Community Development Block Grant Program and Budget; that approval of
the CDBG program included $10,000.00 to match $10,000.00 privately
raised for the Main Street Coordinator for the Williamson Road Area
Business Association; and the Williamson Road Area Business Association
(WRABA) has developed a five year business revitalization plan for the
area, including duties and responsibilities for the Main Street
Coordinator to promote the Williamson Road Area and recruit businessses
to locate in the area, thereby providing increased employment in the
c~nmunity.
It was explained that the WRABA has advertised, interviewed and
selected a candidate for the position of Main Street Coordinator; that
WRABA has office space for the Coordinator provided by Virginia Hair
Academy; and WRABA has raised the matching funds ($10,000.00) as
required by the grant application, with the WRABA committing to provide
80% of funding for coordinator cost in the second year (fiscal year
1988-89), and committing Lo provide 100% of funding for coordinator
cost in the third year (fiscal year 1989-90).
The City Manager recommended that he be authorized to execute a
contract, in a form approved by the City Attorney, with the Williamson
Road Area Business Association for a grant of $10,000.00 in Community
Development Block Grant funds for the hiring of a Main Street Coordi-
nator by the Williamson Road Area Business Association.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28899) AN ORDINANCE authorizing the execution of a grant
agreement with the Williamson Road Area Business Association; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 402.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... --7.
NAYS: None .......
0
REPORTS OF COMMITTEES:
SCHOOLS-CITY PROPERTY: Council member Elizabeth T. Bowles, Chair-
man of the Water Resources Committee, presented a written report on
behalf of the committee, recommending that Council authorize payment of
one-half, dollar for dollar, of a total study cost not to exceed
$50,000.00 without additional authorization of Council, of the cost of
a use and feasibility study to establish the feasibility and cost of
re-using Jefferson High School, with the following stipulations:
Any utilization of the building that retains
the exterior facade and that is shown by the
study report to be financially self-sufficient
will be considered by the Jefferson High
School Committee.
The City will institute the feasibility study
after a request for proposals is advertised
and professional services retained subject to
City Council approval. The Jefferson High
School Committee shall review and approve the
request for proposals and have equal represen-
tation on the group interviewing and selecting
consultants. No technical services contract
shall be awarded until representatives of the
Jefferson High School Committee provide the
City with the Committee's one-half of the cost
of the study.
609
A staff report pointed out that Council appointed the Jefferson
High School Committee, upon recmnmendation of the Water Resources
Committee, and the Committee met initially on June 18, 1985; that the
Committee publicly proposed that the facility be used for a post-
graduate educational center, the Jefferson University Center, on
August 21, 1985; that the State Council of Higher Education, as a
result of the Committee's efforts, conducted a study of the need for a
post-graduate educational center in the Roanoke Valley, and, in the
fall of 1986 recofnmended that a Graduate Center be established at
Virginia Western Community College and the General Assembly, at its
1987 Session, funded the Graduate Center at VWCC.
It was explained that the Roanoke City School Administration
recommended to the School Board that Magnet Schools be established at
William Fleming High School and William Ruffner Intermediate School;
that the Magnet School Program has been instituted by the School Board;
and Jefferson High School was mentioned as an auxiliary location for a
Magnet School for the Arts, however, funds for renovation of Jefferson
High School are not available in the School budget.
The staff report further pointed out that the Jefferson High
School Committee presented a report of its activities and recommen-
dations to the Water Resources Committee on Monday, July 27, 1987,
reporting the following:
Survey of 11 human service organizations produced
letters of intent indicating a need for approxima-
tely one-half of the 111,000 square feet of space
in the facility.
Survey of 12 cultural organizations produced indi-
cations of interest in locating in the building by
most of them for use of the 950 seat auditorium,
rehearsal and office space.
Most organizations of eith~.r type currently pay
rent. Those funds could be available to produce
income.
Under no circumstances should the building be con-
sidered for demolition.
Recommendation of the Committee is that the present
best use of the structure is as a Center for the
Performing Arts and/or Human Services, and that a
feasibility study be prepared to comprehensively
determine the cost of renovation and useage. The
Committee agrees to fund one-half of the study and
asks that the Water Resources Committee recommend
to City Council that it fund the other one-half of
a $35,000.00 to $50,000.00 cost.
It was advised that the City Administration was asked by the Water
Resources Committee to make a recommendation concerning the funding of
a feasibility study.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
Mrs. Bowles moved that Council concur in the recommendation of the
Water Resources Comanittee. The motion was seconded by Mr. Garland and
unanimously adopted.
CITY CODE-PLANNING-ZONING-BUILDINGS: Council member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, recommending that Council amend
Chapter 27.1, of the Code of the City of Roanoke (1979), as amended, to
permit "sandwich board" type advertising signs in the H-1 Historic
District. '
610
ACTION:
A staff report explained that Downtown Associates leases and mana-
ges the City Market Building; that the Architectural Review Board
approved a request from F & W Management Corporation in June, 1985 for
exterior signs for the Market Building; that in June, 1987, F & W
Management Corporation again reviewed the signage with the Board,
advising that they would like "sandwich" type structures on the side-
walk; that the Board informally approved the sandwich boards, but did
not issue a Certificate of Appropriateness; and if Council approves the
sandwich boards, a formal hearing before the Architectural Review Board
will be scheduled.
It was further explained that the Board requested its Secretary to
study the issue of sandwich boards in the H-l, Historic District, to
develop, in conjunction with the City Attorney's Office, a standardized
procedure, with design and placement guidelines, for such sidewalk
advertising in that area.
It was pointed out that F & W Management Corporation has requested
that the City issue a revocable license permitting the use of the four
"sandwich board" type advertising signs on the sidewalks around the
Market Building.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowies offered the following emergency Ordinance:
(//28900) AN ORDINANCE amending §27.1-1, .Requirements, and
§27.1-2, Projections over sidewalks, streets, alleys or other public
property, of Article I, In General, of Chapter 2/.1, Signs, Awnings,
Marquees, Canopies, Clocks and Thermometers, Code of the City of
Roanoke (1979), as amended, in order to permit and regulate moveable A-
frame or "sandwich board" signs in the downtown H-l, Historic District,
of the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 403.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Musser, Trout and
Mayor Taylor ....... 6.
NAYS: None ........
O®
(Council member Harvey abstained from voting.)
SPECIAL PERMITS: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, recommendin9 that Council authorize execution of a revo-
cable license to encroach on a public street, pursuant to Section
15.1-3/6, Code of Virginia (1950), as amended, to permit the widening
of a stairway at 109 Norfolk Avenue, S. W.
A staff report explained that the warehouse at 109 Norfolk Avenue,
S. W., on the north side, between the First Street Bridge and Second
Street, S. W., a part of the area known as Warehouse Row, has a
concrete loading dock which encroaches approximately three feet into
the street right-of-way; that encroachments on this, and adjacent
buildings, have existed for many years; that the loading docks present
no great impediment to traffic flow in this area; and a permit, pur-
suant to Section 15.1-377, Code of Virginia, 1950, as amended, was
granted by Ordinance No. 27034 on May 29, 1984, permitting the
encroachment of the dock and stairway for the property and the adjacent
property at 113 Norfolk Avenue, S. W.
It was further explained that the current owner of 109 Norfolk
Avenue, S. W., has requested a license to allow the steps on the
easterly end of the loadin9 dock to be widened approximately eight Lo
ten inches; and this will widen the steps to approximately the same
width as the dock and not materially increase the overall encroachment,
and a 9uardrail will be installed on the surface of the dock and stairs
which will improve safety.
(For full text, see reports on file in the City Clerk's Office.)
611
ACTION:
ii
~CTION:
Mrs. Bowles moved that the followin9 Ordinance be placed upon its
first reading:
(#28901) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Norfolk Avenue, S. W., located at 109 Norfolk
Avenue, S. W., Official Tax No. 1010309, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 413.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None ......... O.
SCHOOLS: Council member Elizabeth T. Bowles, Chairman of the
Water Resources Committee, presented a written report on behalf of the
committee, recommending that Council authorize execution of a lease of
the Jefferson High School Gymnasium to the YMCA.
A staff report explained that the School Board retained control of
the "new" gymnasium at Jefferson High School when it turned the school
over to the City for disposal or reuse; and the initial term of the
lease of the gymnasium to the YMCA was January 17, 1983, to January 16,
1984, with four subsequent one year extensions permitted, to allow a
total of no more than five years.
It was further explained that the School Board desires to enter
into a continuation of the lease for an initial one year term,
January 17, 1988, through January 16, 1989, with four subsequent one
year extensions permitted to allow a total of no more than five years,
for a fee of $1.00 per year and certain avoided costs for insurance and
maintenance.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28902) AN ORDINANCE authorizing and directing the proper City
officials to enter into a lease between the City, the School Board of
the City of Roanoke and the Young Men's Christian Association of
Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 414.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None .........
EMERGENCY SERVICES: Council member Elizabeth T. Bowles, Chairman
of the Water Resources Committee, presented a written report on behalf
of the committee, recommending that Council approve a new lease with
Natalie Horton Foster, et al., at $475.00 per month for a fourth loca-
tion at 2327 Melrose Avenue, N. W., for pre-hospital emergency medical
care; and the fee of $475.00 per month is an increase from the current
fee of $300.00 per month due to the owners willingness to make a 320
square foot addition onto the building, with either party having the
right to terminate the lease upon 30 days notice to the other party.
612
ACTION:
Mrs. Bowles .advised that the administration has called to her
attention that while the $475.00 per month fee is correct, the addition
wil! actually be 688 square feet rather than 320 square feet, and
recommended that Council approve a staff report with the abovestated
modification.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#28903) AN ORDINANCE authorizing renewal of a lease by the City
of certain property located at 2327 Melrose Avenue, N. W., in the City
of Roanoke to be used for the operation of volunteer rescue squads,
upon certain terms and conditions and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 406.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ .7.
NAYS: None .........
-0.
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Council member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, recommending that
Council authorize the City Manager to sell the Kroger Bakery facility,
main property, to Concrete Ready Mixed Corporation for $375,000.00, and
that the City abandon the existing sewer line easement and transfer
ownership of the line with the deed of the property.
A staff report explained that pursuant to Ordinance No. 28478,
Council accepted the donation to the City by the Kroger Company of its
former bakery, consisting of certain structures and several parcels
bearing Official Tax Nos. 1111305, 1111307, 1111310, 1111312, 1111315,
1111316 and 1110713, with the transfer of title being effective
December 29, 1986; and on March 9, 1987, Council accepted the recom-
mendation of the Water Resources Committee to declare all of the main
property listed above, with the exception of the residual property
identified as Official Tax No. 1110713, as surplus and market the main
property under open listings for sale as a single property.
It was further explained that the Kroger Bakery property has been
listed in the Commercial Multiple Listing Service, and, in addition,
the City's Office of Economic Development conducted an "open house" for
all commercial realtors in the Valley; and current valuation on the
property placed by an independent appraiser is in the range of
$350,000.00 to $385,000.00, with the suggestion that the price be
placed at $383,000.00.
It was advised that Social Services is presently storing surplus
food in a portion of the main building; that the food is distributed
over a five-day period once a quarter; that Concrete Ready Mixed
Corporation has a need to expand at its present location to accommodate
its continued growth; that since there is no room for expansion on
existing property, Concrete Ready Mixed Corporation has submitted an
offer of $375,000.00 for all of tile main property and a check in the
amount of $10,000.00 accompanied their offer.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28904)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 406.)
613
ACTION:
ACTION:
Question was raised as to whether or not Concrete Ready Mixed
Corporation has purchased property or has an option on property located
outside of the City limits; whereupon, Mr. D. Garvin Lindsey, President
of the Corporation, appeared before Council and advised that the com-
pany has purchased property outside of the City, however, they do not
plan to relocate. He said the former Kroger property is needed for
expansion purposes.
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council m~nbers Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............... .7.
NAYS: None ........
O.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28905) AN ORDINANCE providing for the sale and conveyance of
certain real property owned by the City and situate in the City bearing
Official Tax Nos. 1111305, 1111307, 1111310, 1111312, 1111315, and
1111316, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 415.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Trout and
Mayor Taylor ........ 6.
NAYS: None ........
(Vice-Mayor Musser was out of the Council Chamber.)
BUDGET-CIVIC CENTER: Council member Robert A. Garland, Chairman
of a conenittee appointed by the Mayor to tabulate bids received for
repair of steps to the terrace and addition of a ramp for the handicap-
ped and related work at the Roanoke Civic Center, presented a written
report on behall~ of the committee transmittin9 the following recommen-
dations:
Authorize the City Manager to enter into a contract
with Building Specialists, Inc., for repair of
steps to terrace and addition of handicap ramp and
related work at the Civic Center in accordance with
the contract documents as prepared by the City
Engineer's Office, in the amount of $29,600.00 and
120 consecutive calendar days.
Authorize the appropriation of funds as follows to
a capital project account as established by the
Director of Finance.
Funds are available in the Capital
Projects Fund Handicap Compliance
Account No. 008-002-9507-9003
for the handicap ramp construction
$ 5,900.00
Appropriate from Civic Center Prior
Year Retained Earnings
$23,700.00 contract plus $2,400.00
project contingency
26,100.00
Total project amount
$32,000.00
Any funds remaining at the end of the project shall
be returned to the Civic Center Retained Earnings
Account.
Reject the other bids received.
614
ACTION:
ACTION:
ACTION:
A report of the City Manager concurring in the recommendations,
was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28906) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital and Civic Center Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 407.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... ---7.
NAYS: None ....
Mr. Garland offered the following energency Ordinance:
(#28907) AN ORDINANCE accepting the bid of Building Specialists,
Inc., for the construction of certain improvements at the Civic Center,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 408.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... -7.
NAYS: None .......
Oe
BUDGET-CIVIC CENTER: Council member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
exterior caulking and sealing of the Roanoke Civic Center, presented a
written report on behalf of the committee recommending that Council
authorize the City Manager to enter into a contract with Stroud
Weatherstrip Company, in the amount of $26,000.00 and 75 consecutive
calendar days; and authorize appropriation of $28,000.00 from the Civic
Ce'nter Prior Year Retained Earnings to a project capital account as
established by the Director of Finance, $26,000.00 contract amount plus
$2,000.00 project contingency amount; and any funds remaining in the
capital account after completion of the project shall be returned to
the Civic Center Retained Earnings Account.
A report of the City Manager concurring in the recommendations of
the Bid Committee, was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28908) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Civic Center Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 408.)
Mr. Garland moved the adoption of tile Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS: None ....... --0.
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28909) AN ORDINANCE accepting the bid of Stroud Weatherstrip
Company, for exterior caulking and sealing of the Civic Center complex,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the r~q, uisite contract
for such work; rejecting all other bids made to the city, for the work;
and providing for an emergency o~ '~ ·
· ~, m .~. ,,.~,.~d~ ,
(For full text of Ordinance, see Ordinance Book No. 50, page 409.)
Mr. Garland moved tile adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... -7.
NAYS: None--
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDI)tANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:45 p.m., the Mayor declared the meeting in recess.
At 9:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the
three year terms of A. Lorraine Johnson, Jeannette E. Hardin and
Julian R. Moore as members of the Roanoke Neighborhood Partnership
Steering Committee expired on November 18, 1987; that Ms, Hardin and
Mr. Moore have declined to serve another term; and called for nomina-
tions to fill the vacancies.
Mr. Bowers placed in nomination the name of A. Lorraine Johnson.
There being no further nominations, Ms. Johnson was reelected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term of three years ending November 21, 1990, by the following vote:
FOR MS. JOHNSON: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ............ .---7.
CELEBRATIONS: The Mayor advised that there is a vacancy on the
Special Events Committee created by the resignation of Mary C. Pickett
for a term ending June 30, 1988, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of Monica Loughridge.
There being no further nominations, Ms. Loughridge was elected as
a member of the Special Events Committee for a term ending June 30,
1988, by the following vote:
FOR MS. LOUGHRIDGE: Council members Bowers, Bowles, Garland,
Harvey, Musser, Trout and Mayor Taylor ........... 7.
Mr. Garland moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Harvey and unanimously
adopted.
615
616
There being no further business, the Mayor declared the meeting
adjourned at 9:35 p.m.
APPROVED
ATTEST:
~ ~Clty Clerk
Mayo r
617
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 21, 1987
2: O0 p .m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S.' W., .City of Roanoke, on Monday, December 21, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, James O. Trout, David A. Bowers and Mayor Noel C.
Taylor ......... ~6.
ABSENT: Vice-Mayor Howard E. Musser .................
-1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; ~nd Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Harold Moyer,
Pastor, Williamson Road Church of the Brethren.
The Pledge ol~ Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
MUNICIPAL BUILDING: Pursuant to notice of advertisement for bids
for renovations to the Third Street Annex Building, said bids to be
received by the City Clerk until 1:30 p.m., on Monday, Decemeber 21,
1987, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Building Specialists, Inc. $174,950.00
Construction Services of Roanoke, Inc. 175,598.00
Q. M. Tomlinson, Inc. 177,000.00
Gardner-Smith, Inc. 191,900.00
Acorn Construction, Ltd. 198,650.00
Martin Brothers Contractors, Inc. 203,488.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the fom~s listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
618
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the special meeting of Council held on
Monday, December 7, 1987, were before the body.
(For ful] text, see minutes on file in the City C)erk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the fo|lowing vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None .............
(Vice-Mayor Musser was absent.)
-0.
BUILDING DEPARTMENT: A report of qualification of Elmer O. Rodes,
Jr., as a member of the Board of Adjustments and Appea]s, Bui)din9
Code, for a term of five years ending September 30, 1992 was before
Council. '
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qua]ification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fo]lowing vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tay] or ........ . .......... 6.
NAYS: None ...........
(Vice-Mayor Musser was absent.)
-0.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Charles W. Hancock as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 21 1990,
was before Council. '
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... -6.
NAYS: None ........ -0.
(Vice-Mayor Musser was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate the following funds was before the
body. ,
$60,018.00 for the purchase of computer science
equipment. The appropriation represents the fourth
installment of the Schools' share of the Capital
Maintenance and Equipment Replacement Fund.
$40,164.00 for the purchase of computer science
equipment. The appropriation represents the final
allocation of the Schools' share of Undesignated
Capital Funds -- Bond Interest.
ACTION:
The Board further requested the transfer of $141,354.00 from the
Capital Equipment Reserve to replace school buses and service vehicles.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of $100,182.00 for the School Board; that
the appropriation of $60,018.00 represents the fourth installment of
the School's share of the Capital Maintenance and Equipment Replacement
Program; that the appropriation of $40,164.00 represents the final
allocation of the School's share of Undesignated Capital Funds; that
the funds will be used for the purchase of computer science equipment;
that the communication also requests the transfer of $141,354.00 from
the Capital Equipment Reserve to replace school buses and service
vehicles; and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(~28910) AN ORDINANCE to amend and reordain certain sections of
the 198/-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 415.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ........ .6.
NAYS: None ...... O.
(Vice-Mayor Musser was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium submitted the fiscal year
1988 Title II-A Implementation Strategy to the Governor's Employment
and Training Department on June 4, 1987.
Planned programs include on-the-job training, job
related education, classroom training and remedial
education. Transportation services will be pro-
vided to those eligible.
Approximately 425 youths (ages 16 to 21) and 300
adults (age 21 and over) of the Fifth Planning
District are targeted to be served. It is planned
that 225 of the total youths and 195 of the total
adults will be Roanoke City residents.
It was further advised that the Consortium has been authorized to
operate a joint contract with the Roanoke City Department of Social
Services during fiscal year 1988; that the contract is subject to
approval by Council and the Virginia Department of Social Services;
that the program will offer Job Club activities, Career Exploration,
Work Experience, Adult Basic Education and GED Preparation to 300 eli-
gible Roanoke City residents; and a proposal was submitted by the
Consortium to the Virginia Department of Education on May 14, 1987, to
operate a Model Program for the Employability of Teenage Parents during
fiscal year 1988.
619
620
ACTION:
Thirty female teenage parents will be encouraged to
remain in or return to school, through par-
ticipation in on-the-job, work experience, and
classroom training. Supportive services will
include counseling, transportation, childcare, job
development and job placement.
Participants will be selected for this program as a
result of outreach and identification made by tile
public school systems of Roanoke City, Roanoke
County, Botetourt County, and the City of Salem, as
well as the Roanoke City Department of Social
Services.
The City Manager advised that Roanoke City was chosen as one of
six localities in the State of Virginia to be a pilot agency, to par-
ticipate in an innovative program called Grant Diversion, also known as
Project Trade; that the Consortium will operate the on-the-job
training aspects of the program, under a contract with the Roanoke City
Department of Social Services, for fiscal year 1988; and the City of
Roanoke is the grant recipient for Consortium funding and Council must
appropriate the funding for all grants the Consortium receives.
It was further advised that the Governor's Employment and Training
Department has sent to the Consortium, Notice of Award Number 88-313-
01, in the amount of $1,002,002.00, for the Title II-A Program; that
the Roanoke City Department of Social Services and the Consortium have
entered into a contract, in the amount of $102,370.00, for employment
services; that the Virginia Department of Education has approved the
Consortium's teenage parent proposal, at the funding level of
$46,862.00, by Grant Award Number VA-88-C-202-1-SEO02; and the Roanoke
City Department of Social Services and the Consortium have entered
into a contract, in the amount of $23,g04.00, for the Consortium to
operate the on-the-job training segment of Project Trade, by serving 60
eligible residents of the City of Roanoke for the 1988 fiscal year.
The City Manager. recommended that Council appropriate
$1,175,138.00 of Consortium funding, and establish a revenue estimate
for $1,175,138.00 in accounts to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28911) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 416.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... 6.
NAYS: None ........
(Vice-Mayor Musser was absent.)
GRANTS-HOUSING-PUBLIC ASSISTANCE: The City Manager submitted a
written report advising that the City Manager's Task Force on
Homelessness studied the homeless and low-income housing situation in
Roanoke, and presented their findings and recommendations in a c~mpre-
hensive report entitled, "No Place To Call Home" in April, 1987; that
the Task Force recommended that emergency bed space be expanded to meet
the demand for shelter and that these facilities meet health and safety
codes; that additionally, they recommended that agencies already pro-
viding these services be supported with federal, state, local, and pri-
vate funds; that TRUST, the Roanoke Valley Trouble Center, Inc., is one
ACTION:
ACTION:
of four agencies in Roanoke City offering emergency shelter; that
Virginia Shelter Grant Program funds were made available in the Spring
of 1987 to localities to assist service providers with the rehabilita-
tion of existing structures to meet building code standards for
emergency shelter space; that Council authorized the City Manager to
pursue funding, in the amount of $19,644.00, in May, 1987, from the
Virginia Department of Housing and Community Development through the
Virginia Shelter Grants Program to execute a sub-grant agreement with
TRUST; and funding was denied for the project by the Virginia
Department of Housing and Community Development.
It was advised that the Virginia Department of Housing and Com-
munity Development has deobligated previously committed grant funds and
must reallocate this amount to another applicant's locality; that the
City of Roanoke has been selected to receive an award of $9,465.00
under the reallocation process for the purpose of providing funding for
TRUST: and TRUST remains in need of grant funds.
The City Manager recommended that Council accept the Virginia
Department of Housing and Community Development's offer of $9,465.00
under the Emergency Shelter Grant Program, and that he be authorized
to execute the required certification and grant agreement; the Director
of Finance be authorized to establish an account within the grant fund
for $9,465.00, and establish a revenue account of $9,465.00.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28912) AN ORDINANCE to amend and reordain certain sections o~
the 1987-88 Grant Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 417.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ........... 6.
NAYS: None ...........
(Vice-Mayor Musser was absent.)
O.
Mrs. Bowles offered the following Resolution:
(#28913) A RESOLUTION authorizing the acceptance of a grant from
the Department of Housing and Community Development (DHCD) through the
Virginia Shelter Grants Program (VSGP), and authorizing the execution
of a subgrant agreement with Roanoke Valley Trouble Center, Inc.
(TRUST), for the administration and use of the funds.
(For full text of Resolution, see Resolution Book No. 50, page 418.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ........ 6.
NAYS: None
(Vice-Mayor Musser was absent.)
-0.
BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM-
EQUIPMENT: The City Manager submitted a written report advising that
on November 10, 1987, Council approved a Capital Maintenance and
Equipment Replacement Program; that the Program included a list of
necessary items which will not exceed the single item cost of
$10,000.00; and Council's approval is required for single purchases
which cost exceed $10,000.00, as stated in the Code of the City of
Roanoke (1979), as amended, Chapter 23.1, Procurement.
621
622
ACTION:
ACTION:
It was explained that single purchase items from the approved
expenditurl?list which w'fll cost less than $10,000.00 are identified on
an attachment to the report entitled "Attachment A"; that those items
shown on "Attachment A" will be procured through the State Contract
System or through competitive request for quotations by the Department
of General Services; and Council appropriations are requested to allow
for the procurement of all items listed on "Attachment A".
The City Manager recmmnended that Council appropriate $186,052.00
to specific accounts Lo provide for the timely expenditure of Capital
Maintenance and Equipment Replacement funds, as follows:
City Clerk
Finance
Billings and
Col 1 ections
Comm. of Revenue
Ci Ly Jai 1
Clerk of Circuit
Court
General Services
Personnel
Personnel
Pol ice
Police
Fi re
Parks & Recreation
Building Inspec-
tions
Signals & Alarms
Building Main-
tenance
Juvenile Home
Juvenile Home
Youth Haven
Sanctuary
Social Services
Nursing Home
Nursing Home
Library
Circuit Court
001-001-1120-9005
001-004-1231-9005
$ 4,500.00
10,600.00
001-004-1232-9005
001-022-1233-9005
001-024-3310-9005
3,500.00
2,800.00
6,800.00
001-028-2111-9005
001-050-1237-9005
001-050-1261-2035
001-050-1261-9005
001-050-3115-2035
001-050-3115-9015
001-050-3213-2035
001-050-7110-9015
11,767.00
8,600.00
1,819.00
10,000.00
1,100.00
3,200.00
3,300.00
14,480.00
001-052-3410-9005
001-052-4160-9015
12,000.00
1/,875.00
001-052-4330-9015
001-054-3320-2035
001-054-3320-9015
001-054-3350-2035
001-054-3360-9015
001-054-5311-9005
001-054-5340-2035'
001-054-5340-9015
001-054-7310-2035
001-072-2110-9015
7,600.00
4,211.00
2,089.00
5,170.00
10,179.00
7,020.00
15,570.00
12,495.00
3,150.00
6,227.00
Total $ 186,052.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
{#28914) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 419.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... -6.
NAYS: None .......
(Vice-Mayor Musser was absent.)
O.
CITY INFORMATION SYSTEMS: The City Manager having previously
placed a report on the agenda with regard to professional assistance in
developing an Information Systems Strategic Plan, he requested that the
report be withdrawn.
Mr. Trout moved that Council concur in the request.
was seconded by Mr. Harvey and adopted.
The motion
623
BUDGET-STATE HIGHWAYS-HENRY STREET,,, REVIVAL C0MM~TTEE: The City
Manager submitted a written report advising that on April 13, 1987,
Council requested the Virginia Department of Transportation to program
projects for roadway widening and realignment to include Hells Avenue,
N. W., from Williamson Road to First Street, N. W., and First Street/
Gainsboro Road from Madison Avenue, N. W., to Salem Avenue, S. W., and
the intersection of Orange Avenue and Gainsboro Road.
fL was explained that the Virginia Department of Transportation
(VDOT) programmed $851,000.00 into the 1987-8B fiscal year allocations
within the Six-Year Improvement Program for preliminary engineering on
the subject projects; that over the next five years the State has pro-
posed to allocate an additional $4,644,000°00 for design, right-of-way,
and construction; that redevelopment of the Henry Street area and
improved access to downtown Roanoke required that a more expeditious
method be found to proceed with improvements on First Street/Gainsboro
Road and Wells Avenue; that on July 27, 1987, Council authorized
agreements with the VDOT by which the City assumed responsibility for
administering all aspects of the First Street/Gainsboro Road and Wells
Avenue projects; and project funding would be generally handled on the
normal 95% VDOT and 5% City cost-sharing basis.
Mr. Herbert advised that Engineering Services Qualification
Proposals for the preparation of complete construction plans for the
"Widening and Realignment of First Street/Gainsboro Road and Wells
Avenue" projects were publicly advertised on August 16, 1987, and
received on September 11, 1987, from twelve firms; that interviews were
held with firms deemed qualified which included nine firms; that nego-
tiations were conducted with Mattern & Craig, the engineering firm felt
to be most qualified for the projects; and the scope of work to be per-
formed by Mattern & Craig would consist of preparation of complete sur-
veys, right-of-way and construction plans and plats, utilities, signs,
signals, pavement markings, lighting and landscaping plans, structures,
traffic data, environmental assessment, geological borings and testing,
construction administration, and inspection of construction.
It was further advised that the cost reimbursement fee for engi-
neering services is based upon cost plus fixed fees; that review of the
fee proposal by the City Engineering Department and the Virginia
Department of TransportaLion's consultant selection division has deter-
mined the fee to be in line; and the final version of the agreement is
subject to minor clarifications and editorial changes by the VDOT.
The City Manager recommended that Council authorize the following:
Award an engineering services reimbursement with a
cost ceiling contract in a form approved by the
City Attorney to Mattern & Craig, Consulting
Engineers, in an amount not to exceed
$1,002,342,24. Agreement is subject to minor
clarifications and editorial changes by the
Virginia Department of Transportation.
Appropriate $50,117.00 from the Undesignated Capi-
tal Fund into the proper account to be established
by the Director of Finance, for payment of future
invoices from the VDOT for the City's share of the
contract.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28915) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 420.)
624
ACTION:
ACTION:
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......................... 6.
NAYS: None ......................
-0.
(Vice-Mayor Musser was absent.)
Mrs. Bowles offered the followin9 emergency Ordinance:
(#28916) AN ORDINANCE authorizing the execution of a contract
with Mattern & Craig, Consulting Engineers, to provide engineering ser-
vices to prepare c~nplete construction plans and other related services
relating to the widening and realignment of First Street/Gainsboro Road
and Wells Avenue; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 421.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... -6.
NAYS: None ................
-0.
(Vice-Mayor Musser was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurrin9 in a report of the Bid Committee with
reference to the purchase of four new police motorcycles and four new
three wheeled industrial trucks, transmitting the following recommen-
dations:
Award the lowest bids as follows:
Four new police motorcycles from Roanoke Valley
Harley'-Davidson, Ltd., for the total amount of
$ 32,500. O0.
Four new three wheeled industrial trucks from
Homestead Materials Handling Company for the total
amount of $27,120.00.
Reject all other bids.
Transfer $59,620.00 from Capital Maintenance and
Equipment Replacement Program to Police Department
Account No. 001-050-3113-9010 Lo provide for the
purchases.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28917) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 421.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... 6.
NAYS: None ......... .0.
(Vice-Mayor Musser was absent.)
625
til
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#28918) AN ORDINANCE accepting bids for four new police motor-
cycles and four new three-wheeled industrial trucks; rejecting other
bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 422.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None ......
-0.
(Vice-Mayor Musser was absent.)
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Con~nittee with
reference to bids for the purchase of police automobiles, recommending
that Council purchase 33 marked police automobiles and one spare
electronic siren and speaker from Berglund Chevrolet, for the total
amount of $44/,986.18, and reject all other bids; and that Council
appropriate $447,986.18 from Equipment Replacement Contingency Account
No. 001-002-9410-2202, to the following accounts:
$434,428.72 to Police Department Account No. 001-
050-3113-9010.
$13,557.46 to Fire Department Account No. 001-050-
3213-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28919) AN ORDINANCE to mnend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 423.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the followin9 vote:
AYES: Council members Bowles, Garland, Harvey, Trout and Mayor
Tayl or .......... -5.
NAYS: None ......... O.
(Vice-Mayor Musser was absent.) (Council member Bowers abstained from
voting. )
ACTION:
Mrs. Bowles offered the following emergency Ordinance:
(#28920) AN ORDINANCE providing for the purchase of 33 marked
sedans and one electronic siren and speakers for use by the City, upon
certain terms and conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; rejecting other bids made to
the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 423.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
626
ACTION:
ACTION:
AYES:
Tayl or ....
Council members Bowles, Garland, Harvey, Trout and Mayor
NAYS: None ................ O.
(Vice-Mayor Musser was absent.) (Council member Bowers abstained frmn
voting.)
SHERIFF: The City Manager submitted a written report concurring in
a report of the Bid Committee with reference to leasing of a vehicle
for the Sheriff's Department, recommending that Council accept the
lowest responsible bid submitted by Berglund Chevrolet Corporation, for
a period of 48 months, at $352.48 per month.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#28921) AN ORDINANCE providing for the lease of one (1) motor
vehicle for use by the Sheriff's Department, upon certain terms and
conditions, by accepting a bid made to the City for the lease of such
vehicle; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 424.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout and Mayor
Taylor ....................... .5.
NAYS: None .........
.0.
(Vice-Mayor Musser was absent.) (Council member Bowers abstained from
voting.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to bids for four new one-half ton pick-up trucks, recommending that
Council accept the bid of Shelor Chevrolet Corporation, in the total
amount of $43,968.00; that all other bids be rejected; and that Council
appropriate $43,968.00 from the Capital Maintenance and Equipment
Replacement Program to Police Department Account No. 001-050-3530-9010,
to provide funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28922)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 425.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout and Mayor
Taylor ........ ---5.
NAYS: None ............. O.
(Vice-Mayor Musser was absent.) (Council member Bowers abstained from
voting.)
Mrs. Bowles offered the following emergency Ordinance:
(~28923) AN ORDINANCE providing for the purchase of four new one-
half ton pick-up trucks for use by the City, upon certain terms and
conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 425.)
627
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout and Mayor
Taylor ...... . .... 5.
NAYS: None ................
-0.
(Vice-Mayor Musser was absent.) (Council member Bowers abstained from
vot i n9. )
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to the purchase of a previously owned concrete mixer/truck, recom-
mending tl~at Council accept the low bid submitted by Brandywine Auto
Sales, Inc., in the amount of $1/,875.00, and reject the other bid; and
that Council appropriate $17,875.00 from the Capital Maintenance and
Equipment Replacement Program to Street Maintenance Account No. 001-
052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28924)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 426.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......... 6.
NAYS: None ...........
(Vice-Mayor Musser was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28925) AN ORDINANCE accepting the bid of Brandywine Auto Sales,
Inc., made to the City to provide and deliver one (1) previously owned
concrete mixer/truck; rejecting the other bid made to the City; and
providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 427.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......... .6.
NAYS: None .......
.0.
(Vice-Mayor Musser was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to bids on refuse trucks, transmitting the following recommendations:
Accept the low bid of First Piedmont Corporation
for the total amount of $61,083.05.
Appropriate $61,083.05 from Capital Maintenance and
Equipment Replacement Program to Refuse Collection
Department Account No. 001-052-4210-9010.
628
~CT[ON:
ACTION:
ACTION:
Reject all other bids and direct the prompt read-
vertisement for bids on three new cabs/chassis for
the abovedescribed refuse bodies.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28926) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 427.)
Mr. Bowers moved .the adoption of the Ordinance. The motion was
seconded,by. Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ......... _ .... -6.
NAYS: None-- -0.
{Vice-Mayor Musser was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#28927) AN ORDINANCE providing for the purchase of three (3) new
rear loading refuse bodies for use by the City, upon certain terms and
conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 428.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ....... 6.
NAYS: None ........ -0.
(Vice-Mayor Musser was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS:
cial report of the City of Roanoke for the month of November, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed. The
motion was seconded by Mr. Trout and adopted.
AUDITS: The Director of Finance presented the Annual Financial
Report of the City of Roanoke for the year ending June 30, 1987.
(For full text, see report on file in the City Clerk's Office.)
REPORTS OF COMMITTEES:
The Director of Finance submitted the finan-
BUDGET-CITY MARKET: Council member Robert A. Garland, Chairman of'
a committee appointed by the Mayor to tabulate bids received for
exterior lighting of the Market Square Building, 32 E. Campbell Avenue,
presented a written report on behalf of the committee, transmitting the
following recommendations:
Authorize the City Manager to enter into a contract
with J. M. Blair Company, Inc., for exterior light-
ing of the Market Square Building, in accordance
with contract documents as prepared by the Office
of City Engineer, in the amount of $12,980.00 and
120 consecutive calendar days construction time.
629
ACTION:
ACTION:
Authorize appropriation of $14,000.00 from tile
Capital Maintenance and Equipment Replacement
Program Account to be transferred to a project
capital account as established by the Director of
Finance, $12,980.00 contract amount plus $1,020.00
project contingency amount. Any funds remaining in
the project capital account after the completion of
the project shall be returned to the CMERP account.
Reject the other bid received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk'~ Office.)
Mr. Garland offered tile following emergency budget Ordinance:
(#28928) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 429.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Trout, Bowers and Mayor
Tayl or ........ ---5.
NAYS: None ......... ;0.
(Vice-Mayor Musser was absent.) (Council member Harvey abstained from
voting.)
Mr. Garland offered the following emergency Ordinance:
(#28929) AN ORDINANCE accepting the bid of J. M. Blair Company,
Inc., for installing exterior lighting on the Market Square Building,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 429.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Trout, Bowers and Mayor
Tayl or .......... ----5.
NAYS: None .........
(Vice-Mayor Musser was absent.) (Council member Harvey abstained from
voting. )
UNFINISHED BUS[NESS: NONE,
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28884, permanently vacating,
discontinuing and closin9 portions of Winston Avenue, S. W., having
previously been before the Council for its first reading on Monday,
December 7, 1987, read and adopted on its first reading and laid over,
was again before the body, Mr. Bowers offering the followin§ for its
second reading and final adoption:
630
ACT[ON:
ACTION:
ACTION:
(#28884) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 410.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Boy, les, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... ----6.
NAYS: None .....
-0.
(Vice-Mayor Musser was absent.)
ZONING: Ordinance No. 28885, amending Section 36.1-640, Appoint-
ment, membership, of Division 2, Architectural Review Board, Article
VII, Administration, Chapter 36.1, Zoning, Code of the City of Roanoke
(1979'), as amended, in order to reduce the required number of members
of the City Planning Commission who must serve on the Architectural
Review Board from Lwo to one, having previously been before the Council
for its first reading on Monday, December 7, 1987, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(~28885) AN ORDINANCE amending §36.1-640, Appointment, member-
ship, of Division 2, Architectural Review Board, Article VII, Admini-
stration, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as
amended, pertaining Lo the appointment of members of Lhe City's
Architectural Review Board.
(For full text of Ordinance, see Ordinance Book No. 50, page 412.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ............. 6.
NAYS: None ........ O.
(Vice-Mayor Musser was absent.)
GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP-FLOODS: Ordinance No.
28894, providing for the City's gift to the Northwest Neighborhood
Environmental Organization, Inc., of the house located at 953 Shadeland
Avenue, N. W., having previously been before the Council for its first
reading on Monday, December 7, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28894) AN ORDINANCE providing for the City's gift to the
Northwest Neighborhood Environmental Organization, [nc., of the house
located at 953 Shadeland Avenue, N. W. upon certain terms and con-
ditions. '
(For full text of Ordinance, see Ordinance Book No. 50, page 412.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... .6.
NAYS: None --0.
(Vice-Mayor Musser was absent.)
ACTION:
ACT[ON:
SPECIAL PERMITS: Ordinance No. 28901, granting a revocable
license for the construction of certain building appendages encroaching
over and into the right-of-way of Norfolk Avenue, located at 109
Norfolk Avenue, S. W., Officia! Tax No. 1010309, having previously been
before the Council for its first reading on Monday, Decmnber 7, 1987,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28901) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Norfolk Avenue, S. W., located at 109 Norfolk
Avenue, S. W., Official Tax No. 1010309, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 413.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ........... -6.
NAYS: None ...................
(Vice-Mayor Musser was absent.)
SCHOOLS: Ordinance No. 28902, authorizing and directing the
proper City officials to enter into a lease between the City, the
School Board of the City of Roanoke and the Young Men's Christian
Association of Roanoke, Virginia, for use of the Jefferson High School
gymnasium, having previously been before the Council for its first
reading on Monday, Decmnber 7, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#28902) AN ORDINANCE authorizing and directing the prope~ City
officials to enter into a lease between the City, the School 8oard of
the City of Roanoke and the Young Men's Christian Association of
Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 414.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr.]~wers and adopt'ed by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Tayl or ....... -6.
NAYS: None ....... ~ ......O.
(Vice-Mayor Musser was absent.)
SALE/PURCHASE OF PROPERTY-CITY PROPERTY: Ordinance No. 28905,
providing for the sale and conveyance of the Kroger Bake[v facility,
bearing Official Tax Nos. 1111305, 1111307, 1111310, 1111312, 1111315,
and 1111316, to Concrete Ready Mixed Corporation, in the amount of
$375,000.00, having previously been before the Council for its first
reading on Monday, December 7, 1987, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
{#28905) AN ORDINANCE providing for the sale and conveyance of
certain real property owned by the City and situate in the City bearing
Official Tax Nos. 1111305, 1111307, 1111310, 1111312, 1111315, and
1111316, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 415.)
631
632
ACTION:
Mrs. Bowles moved the adoption of the Ordinance, The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Trout, Bowers and
Mayor Taylor ...................... .6.
NAYS: None .....................
O.
(Vice-Mayor Musser was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
SCHOOLS: On Monday, December 7, 1987, Council having concurred
in a rec~nmendation of the Water Resources Committee that Council
authorize payment of one-half of a total study cost not Lo exceed
$50,000.00, for a study to establish the feasibility and cost of
reusing Jefferson High School, Mr. Harvey moved that Council fund the
entire cost of the study, in the amount of $50,000.00, pursuant to the
following stipulations:
The Jefferson High School Committee will be
requested to use the $25,000.00 previously allo-
cated for the study for the purpose of esLablishin9
a room in Jefferson High School for display of
school artifacts.
The Jefferson High School Committee will be
involved in interviewing and selecting the con-
s ul tant.
ACTION:
The motion was seconded by Mr. Trout and adopted.
CONSULTANTS REPORTS-TRADE AND CONVENTION CENTER: Mr. Trout
a~vised that most of the members of Council have met with the Roanoke
Civic Center Commission, one on one, with regard to the report of
Laventhol and Horwath on the trade and convention center; however, when
he was asked to meet with the Commission, he felt it would be best Lo
decline because in the past such reports have been presented to Council
as a body. He said iL is somewhat embarrassing that leading economic
organizations have gone on record endorsing the concept of a trade and
convention center, especially in light of the fact that the report of
the consultant has not been formally presented to Council as a body.
He added that Council is requesting $250,000.00 from the General
Assembly even though it has not received a formal presentation or
endorsed the concept of such a facility. He commented that when he was
invited to a meeting to discuss the report, he declined because he is
of the opinion that there is a certain procedure and protocol which is
due the members of Council.
Mr. Trout advised that he was furnished with a copy of the report
of the consultant which bears the date of August 15, 1986, noting that
if the report was compiled in August, 1986, the figures contained
therein are sixteen months out of date inasmuch as the economic factors
and tax structure of the City have changed. He said timing is critical
and he hopes that Council, through the Mayor or the City Manager, will
request a formal briefing by the consu]tant so that Council may 9o on
record in support of the trade and convention center before the end of
the calendar year.
Mr. Bowers advised that he shares some of Mr. Trout's concerns;
and he is disturbed over criticism from the business community which
has been printed in the newspaper accusing the Mayor and members of
Council of not providing leadership Lo the community when the truth of
the matter is that 1987 has been a good year for the City and the City
Manager. He cited examples such as a $25 million airport construction
project which is underway, the E 911 system, a $10 million bond issue
and a solution to the storm drainage problems in the Williamson Road
area. He said he does not have any difficulty in saying to the busi-
ness co~nunity of the City of Roanoke that Council, the Mayor and the
City Manager have done a good job for this City.
633
Mr. Bowers said it is his opinion that the City Manager's primary
goal this year has been a new airport terminal and, if that is true, he
supports the City Manager because the airport terminal should have been
the number one priority. He added that since the terminal project is
underway, it is appropriate for Council to look to the future. He
noted that the General Manager of The Hotel Roanoke has stated that the
hotel will lose conventions by 1991-92 if a trade center is not built
in downtown Roanoke, and advised that Council has gone on record in
support of a downtown convention center, and has requested the Common-
wealth of Virginia to provide funds. He expressed opposition to a
trade and convention center at the location of the Explore Project
which is being proposed by the developers, adding that he is in favor
of building the trade center in downtown Roanoke and looks forward to
the presentation to Council by the consultant. He also spoke in favor
of referring the matter to the City Manager, the Chief of Economic
Development, the Manager of the Roanoke Civic Center, and the Director
of Finance for the purpose of submitting recommendations to Council on
location of the facility, financing and contents of the facility.
Mr. Garland, Council's liaison member to tile Roanoke Civic Center
Commission, advised that he is not familiar with the August 15, 1986,
report referred to by Mr. Trout, noting that the report of the con-
sultant, Laventhol and Horwath, was presented to the Civic Center Com-
mission approximately one month ago.
AIR POLLUTION: The Mayor advised that the four year term of
James L. Hancock as a member of the Advisory Board, Air Pollution
Control, will expire on December 31, 198/, and called for nmninations
to fill the vacancy.
Mr. Harvey placed in nomination the name of James L. Hancock.
ACTION:
There being no further nominations, Mr. Hancock was reelected as a
member of the Advisory Board, Air Pollution Control, for a term of four
years ending December 31, 1991, by the roi)owing vote:
FOR MR. HANCOCK: Council members Bowles, Garland, Harvey, Trout,
Bowers and Mayor Taylor .......... 6.
(Vice-Mayor Musser was absent.)
PLANNING: The Mayor advised that the three year term of Jerome S.
Howard, Jr., as a member of the Fifth Planning District Commission will
expire on December 31, 198/, and called for nominations to fill the
vacancy.
ACTION:
Mrs. Bowles placed in nomination the name of Jerome S. Howard, Jr.
There being no further nominations, Mr. Howard was reelected as a
member of the Fifth Planning District Commission for a term of three
years ending December 31, 1990, by the following vote:
FOR MR. HOWARD: Council members Bowles, Garland, Harvey, Trout,
Bowers and Mayor Taylor .......... §.
(Vice-Mayor Musser was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
ATTEST: ~
City Clerk
APPROVED
Mayor
634
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 28, 198/
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 28, 1987, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanok~-
"(1979), as amended.
PRESENT: Council members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 5.
ABSENT: Council member James G. Harvey, II .......
OFFICERS PRESENT:
Jr., City Attorney; Joel M.
City Clerk.
W. Robert Herbert, City Manager; Wi]burn C. Dibling,
Schlanger, Director of Finance; and Mary F. Parker,
The meeting was opened with a prayer by The Reverend MarLy Woodward,
Campus Minister, Hollins College.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
CONSENT AGE NDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....... 6.
NAYS: None O.
(Council member Harvey was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
635
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PLANNING-GRANTS: The City Manager submitted a written report
transmitting a summary schedule for the upcoming Community Development
Block Grant budget process, advising that attention is called to three
public meetings at which citizen comment will be solicited, as follows:
January 21, 1988, 7:30 p.m., at First Baptist
Church in Gainsboro.
March 10, 1988, 7:30 p.m., also at First Baptist
Church in Gainsboro.
April 11, 1988, 7:30 p.m., Public Hearing in City
Council Chamber.
It was explained that citizens are invited to participate in all
aspects of the CDBG budget process and questions should be addressed to
the Grants Monitoring Administrator.
(For full text, see report and summary schedule on file in the City
Clerk's Office.)
Mr. Garland moved that the report and summary schedule be received
and filed. The motion was seconded by Mr. Bowers and adopted.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE I~IGHBORHOOD PARTNERSHIP: The City Manager submitted a
written report advising that Neighborhoods USA (NUSA) was formed in
1979 as a membership organization committed to building and strengthe-
ning neighborhood organizations and developing an effective working
partnership between neighborhoods, elected officials and public and
private agencies; that the City of Roanoke and the Roanoke Neighborhood
Partnership have been active in the Neighborhoods USA organization and
have attended their conferences since 1983; that a conference bid was
entered by the Roanoke Neighborhood Partnership and the City of Roanoke
at a meeting of the NUSA Board of Directors in San Antonio, Texas, in
October, 1986; that City staff and Roanoke Neighborhood Partnership
volunteers have been actively planning the conference since October,
1986; and approximately 300 people are expected to attend based on past
conference experiences.
It was explained that a letter of agreement between the City and
NUSA has been received which outlines the responsibilities for the con-
ference; and the agreement commits the City of Roanoke to organize and
host the NUSA national conference on May 25 - 28, 1988, and to be
responsible for costs as well as implementation. ~
City and Neighborhood Partnership will plan, publi-
cize and implement the conference.
Fund raising, budget and expenditures are the
City's responsibility.
If the conference goes over budget the City will
have to cover the costs.
If a profit is made it will be divided evenly bet-
ween the City and NUSA.
The City Manager recommended that he be authorized to execute the
Letter of Agreement with Neighborhoods USA for the City of Roanoke to
host the 1988 Neighborhoods, USA National Conference during the period
of May 25 - 28, 1988.
(For full text, see report on file in the City Clerk's Office,)
636
ACTION:
Mr. Bowers offered the following Resolution:
(.~28930) A RESOLUTION authorizing the execution of a Letter of
Agreement with Neighborhoods, USA, committing the City to host the 1988
Neighborhoods, USA National Conference.
(For full text of Resolution, see Resolution Book No. 50, page 430.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ................. -6.
NAYS: None .......
(Council member Harvey was absent.)
HOUSING-GRANTS: The City Manager submitted a written report
advising that Council, by Ordinance No. 28700 adopted on June 22, 1987,
authorized the execution of an agreement between the City and the
Roanoke Redevelopment and Housing Authority for fiscal year 1987-88;
and the City Manager entered into a contract, dated June 30, 1987,
between the City and the Housing Authority for the administration of
certain portions of Community Development Block Grant programs for the
City, including housing rehabilitation and economic development activi-
ties.
It was explained that Counci] on December l, 1987, authorized an
amendment of $446,012.00 in the fiscal year 1987-88 Community Develop-
ment Block Grant Program and Budget, which included recommendations for
certain new CDBG projects, and increases in certain existing projects
which the Housing Authority administers; and mid-year amendments in the
CDBG Program and Budget will require amending the contract between the
Housing Authority and the City in the following areas:
Additional Contract
Funding Total
Critical Home Repair
Phoenix Project
CDBG Rental Rehabilitation
Deanwood Expansion
$ 65,000.00
22,500.00
50,000.00
200,000.00
$268,430,00
22,500.00
50,000.00
500,920.00
Total $337,500.00 *
* Contract total includes mid-year amendment funds
targeted for RRHA plus 1987-88 program expenses
already budgeted to equal $2,043,809.00.
The City Manager recommended that he be authorized to execute an
amendment, in a form attached to the report, to the contract for ser-
vices with the Roanoke Redevelopment and Housing Authority for fiscal
year 1987-88; such amendment to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following e~ergency Ordinance:
(#28931) AN ORDINANCE authorizing execution of an Amendment to
the current Contract for Services with the City of Roanoke Redevelop-
ment and Housing Authority providing increased funding to permit expan-
sion of certain existing projects currently administered by the
Authority and implementation of a new project to be administered by the
Housing Authority, upon certain terms and conditions; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 430.)
m
ACT[ON:
ACTION:
637
Mr. Garland ~noved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............................. 6.
NAYS: None ......
O®
(Council member Harvey was absent.)
HOUSING-ROANOKE hE IGHBORHOOD PARTNERSHIP-GRANTS: The City Manager
submitted a written report advising that Council, pursuant Lo Ordinance
No. 28701 adopted on June 22, 1987, authorized the execution of an
agreement among the City, PAC and GNDC for fiscal year 1987-88; that
funds budgeted for PAt and GNDC included an appropriation for develop-
ment of a community center at 304 Fairfax Avenue which would also
serve as the new office space for Gainsboro PAC, thereby reducing admi-
nistrative costs; and regulations regarding the disposition of
Community Development Block Grant program income have been rein-
terpreted in recent correspondence from the Office of Housing and Urban
Development in Richmond.
[t was explained that Council on December 7, 1987, authorized an
amendment of the fiscal year 1987-88 Con~nunity Development Block Grant
Program and Budget which recommended $12,500.00 supplemental admi-
nistrative funding for PAC and GNDC; that unanticipated delays in the
completion of the new community center have resulted in additional
administrative costs of $4,020.00; that administrative agreements bet-
ween the City, PAC and GNDC require audits for fiscal year 1986-87 and
fiscal year 1987-88, which w~re not budgeted by PAC and GNDC, estimated
to be $8,480.00; and an agreement between the City, PAt and GNDC should
reflect HUD reinterpretation of regulations regarding the disposition
of CDBG program income by deleting the second sentence under Section 9,
Program Income.
The City Manager recommended that he be authorized to execute an
amendment to the contract for services with the Gainsboro Project Area
Committee and the Gainsboro Neighborhood Development Corporation for
fiscal year 1987-88.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#28932) AN ORDINANCE authorizing the execution of an amendment
to the Agreement dated July 16, 1987, by and among the City of Roanoke
and the Gainsboro Project Area Committee, Inc., and the Gainsboro
Neighborhood Development Corporation, in order to add certain funding
to said Agreement; and providing for an energency.
(For full text of Ordinance, see Ordinance Book No. 50, page 431.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... ,6.
NAYS: None .......
-0.
(Council member Harvey was absent.)
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that the Mill Mountain Zoo was originally leased to
Mill Mountain Zoo, Inc., by lease and agreement dated September 17,
1986; that the Zoo Choo miniature railroad was installed and has since
been operated by the Roanoke Jaycees, Inc.; that authorization was by
Ordinance No. 11526, dated August 11, 1952; and authority to continue
the operation has been reauthorized six times since that date, the last
time, for a three year period pursuant to Ordinance No. 2/443 dated
March 5, 1985.
638
ACT[ON:
It was explained that the Mill Mountain Zoo, Inc., was created by
the Roanoke Jaycees, [nc., in 1976 to take over the operation of the
zoo at a time when the City was about to abandon operation; that the
two entirely separate corporations have gone their separate ways in the
years since 1976; and the Boards of Directors of the two organizations
are negotiating and generally in agreement upon a unified course of
action to take in the overall operation of the zoo.
The City Manager advised that the current lease and agreement
expire on December 31, 198/, and recon~ended that Council authorize
extension of the lease between the City and Mill Mountain Zoo, [nc.,
and the agreement between the City, the Roanoke Jaycees, [nc., and Mill
Mountain Zoo, Inc., relating to operation of the miniature railroad for
three year terms, from January 1, 1988 through December 31, 1990, the
lease and agreement to each be terminable upon thirty days written
notice, said lease and agreement to be in a form similar to the current
documents and in a form approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28933) AN ORDINANCE providing for an extension of the lease of
the Mill Mountain Zoo upon certain terms and conditions; and extension
of the agreement for the operation of the miniature train at the Zoo
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 433.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Couhci] members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... .§.
NAYS: None ........ .0.
(Council member Harvey was absent.)
BUDGET-STATE HIGHWAYS: The City Manager submitted a written
report advising that the Virginia Department of Transportation con-
tinuously develops various phases of the City Council approved highway
projects; that these phases include such items as preliminary engi-
neering, right-of-way acquisition and project construction; that
billings to the City from the Highway Department are done on an interim
basis; that these billings represent the City's share of expenditures
to date (generally five per cent); that receipt of the bills does not
follow any specific timetable and in many cases are received indivi-
dually for each project; that capital fund accounts are established for
each project in the amount of the estimated billings that are antici-
pated for the year which provides for easier payments of interim bills,
however, there may be instances when additional requests to Council for
transfers are needed to cover interim bills.
The City Manager advised that the Capital Improvements Program
approved for fiscal years 1988-1992 includes $900,000.00 to provide for
the City's share of anticipated highway project costs over the next
three years; that appropriation of $100,000.00 from Undesignated
Capital Funds to individual project accounts is needed to cover antici-
pated billings; that individual projects are funded from their respec-
tive highway accounts and utility accounts depending upon the extent of
water and sewer relocation needed on each project; that the Governor's
Transportation Initiative enabled the City of Roanoke to reactivate and
start several important highway projects this year; that six highway
construction projects for which funds are currently allocated in the
Highway Department's Six-Year Improvement Program require first-time
funding in order to meet the costs anticipated on the projects in the
remainder of this fiscal year; that one project (I-581 Interchange)
requires funding for previously incurred planning expenses; and trans-
fers needed for each project are listed on Attachment No. I to the
report.
639
I
ACTION:
ACTION:
The City Manager recommended that the Dir6ctor of Finance be
authorized to appropriate $100,000.00 from Undesignated Capital Funds
to individual project accounts as listed on Attachment No. 1 to the
report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28934)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 432.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......... 6.
NAYS: None .........
(Council member Harvey was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AN~ RESOLUTIONS:
NONE. '
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FLOODS: Council member Trout referred to a communication from Mr.
J. T. Hopkins, Jr., requesting that the City not allow anything to get
ahead of flood control, advising that it has been fifteen years since
the first flood and it appears that it will probably be another three
years or more before the Corps of Engineers project gets underway, and
he hopes that Mr. Trout will do all he can to help the project move
forward.
Mr. Trout requested that the City Clerk transmit a copy of the
letter from Mr. Hopkins to the members of Council for their infor-
mation, and that the City Manager be requested to respond to Mr.
Hopkins concerning the status of the flood control project. He said he
shares Mr. Hopkins' opinion that the City should move ahead with the
project, and inasmuch as members of Council have received their
briefing on the flood control project and the report of the engineers
has been reviewed, he is ready to vote on the matter and hopes it will
come to Council for appropriate action in the very near future.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:20 p.m., the Mayor declared the meeting in recess.
At 2:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Harvey.
CELEBRATIONS: The Mayor advised that there is a vacancy on the
Special Events Committee, created by the resignation of Edward S.
Allen, and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Greg T, Trafidlo.
There being no further nominations, Mr. Trafidlo was elected as a
member of the Special Events Committee, for a term ending June 30,
lg88, by the following vote:
640
ACTION:
ACTION:
FOR MR. TRAFIDLO: Council members Garland, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 6.
(Council member Harvey was absent.)
RADIO-TELEVISION: The Mayor advised of the need for additional
representation by the City on the Cable Te)evision Committee and the
Regional Cable Television Committee, and further advised that with the
concurrence of Council, he would )ike to appoint Council member
James G. Harvey, II, to the position.
Mr. Bowers moved that Council concur in the Mayor's appointment.
The motion was seconded by Mr, Musser and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
ATTEST: ~
City Clerk
APPROVED
Mayor
641
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 4, 1988
2:00 p.m.
The Council of the City of Roanoke inet in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 4, 1988, at 2:00 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meeting, s, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (19~9);-~s amended.
PRE SE NT:
Bowers, Elizabeth
Musser ........
Council members James G. Harvey, II, James O. Trout, David A.
T. Bowl es, Robert A. Garland and Vi ce-Mayor Howard E.
6.
ABSENT: Mayor Noel C. Taylor ......
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
William X Parsons, Assistant City Attorney; Joel M. Schlanger, Director of
Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Dr. M. T. Coker, Pastor,
Greater Mount Zion Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
CONSULTANT'S REPORTS-TRADE AND CONVENTION CENTER: Mr. James M.
Burks, former Chairman of the Roanoke Civic Center Co~nission, appeared
before Council and advised that the City .Manager developed a request
for proposals for a consulting firm to determine the feasibility of a
trade and convention center for Roanoke, and the City Manager appointed
a committee composed of a group of citizens represented by the Civic
Center Commission, the Roanoke Valley Visitor's and Convention Bureau
and the City Administration to interview firms and to make a recommen-
dation on the firm to be selected. He further advised that every major
consulting firm in the field of public assembly buildings responded to
the request for proposals and four were selected for interviews. He
pointed out that in interviewing the firms, the committee was looking
for a firm that had a reputation for "shooting straight" (a firm that
would say a facility was not needed or that the community could not
support such a facility if that were the case). He said the committee
was desirous of retaining a firm with a reputation so strong that its
report would be valuable in obtaining the necessary financing, noting
that the co~ittee unanimously recommended the firm of Laventhol &
Horwath, Certified Public Accountants, which is the largest consulting
firm in the United States in the area of public assembly and hospita-
lity buildings. He added that in the last five years, Laventhol &
Horwath has conducted similar studies in eighty cities, among thmn are
New York City, Atlanta, Georgia, Norfolk, Virginia, Lexington,
Kentucky, Savannah, Georgia, and Johnson City, Tennessee. He advised
that the Civic Center Commission accepted the recommendation of the
comnittee for the selection of Laventhol & Horwath, and forwarded the
recommendation to City Council with a request to appropriate funds for
the study.
Mr. Burks introduced Mr. Charles Johnson, Director, Convention
Center Consulting, Laventhol & Horwath, Certified Public Accountants.
Mr. Johnson gave an updated presentation on the Market Study and
Prospective Financial Analysis On A Roanoke Exhibition Facility.
(For full text, see report of Laventhol & Horwath under date of August,
1986 on file in the City Clerk's Office.)
642
ACTION:
It was noted in a cover letter from Laventhol & Horwath that the
report provides a summary of methodology conclusions regarding the eva-
luation of the organization and operations of the proposed exhibition
hall and, based on estimates and assumptions discussed in the report,
prospective financing for the proposed project.
Mr. John W. Lambert, Chaimlan, Roanoke Civic Center Commission,
advised that the Commmission, at its last meeting, adopted a motion
endorsing the concept of a trade and convention center, and recommended
that Counci) take like action; and that Council direct that an indepth
examination be made of the consultant's report which would include a
recommendation on location, financing and operation, advising that the
Roanoke Civic Center Commission is available to assist in the study and
reco~m~ends that the expertise of the community be utilized.
Following discussion of the report and questions by the members of
Council, Mr. Bowers moved that Council concur in the concept of a trade
and convention center, and that the report of Laventhol & Horwath be
referred to the City Manager and the Director of Finance Lo address the
matters of location, financing and operation, with the request that the
City Manager report Lo Counci) within thirty days with a time-frame for
submittal of definite recommendations; that a copy of the consultant's
report be forwarded to the delegation to the General Assembly from the
Roanoke Valley jurisdictions, including Botetourt, prior to January 13,
1988, with a cover letter specifically pointing out the benefits the
Commonwealth of Virginia wil) receive from the trade and convention
center, in the approximate amount of $2.1 million. The motion was
seconded by Mr. Trout and adopted.
ACTION:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
WATER DEPARTMENT: A report of the City Manager advising that
Council authorized the donation of certain rights-of-way by Ordinance
No. 28383 adopted on October 13, 1986, in support of the County's
efforts for the Hol)ins Community Development Project; that a Resolu-
tion of Appreciation to the City was presented to Mr. M. Craig S)uss on
December 15, 1987; and transmitting copy for Council's information.
(For full text, see report and Resolution on file in the City Clerk's
Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... 6.
NAYS: None ....... --0.
(Mayor Taylor was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
December 28, 1987, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
REGULAR AGENDA:
643
m
m
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-PUBLiC ASSISTANCE: The City Manager submitted a written
report advising that the State Department of Social Services has allo-
cated $64,582.00 to the City of Roanoke to provide day care services to
certain citizens who must meet their basic needs through employment but
cannot meet their day care needs; that allocation became available
after the beginning of the current 1987-88 fiscal year; and allocation
will help pay day care for approximately 100 children at approximately
$135.00 per month per child.
It was explained that State regulations require that ten per cent
be added Lo the State allocation and be provided from local funds; and
the City's ten per cent match of $7,716.00 is available in the Depart-
ment of Social Services 1987-88 budget in a category which was set up
to provide local match for state/federal 9rant programs.
The City Manager recommended that Council transfer $7,176.00 from
Account No. 001-054-5314-4145, Local Cash Match, to Account No. 001-
054-5314-3160, Purchase of Services; and increase the revenue estimate
of funds received from the State Department of Social Services, Account
No. 001-020-1234-0683 and corresponding increase in expenditure Account
No. 0D1-054-5314-3160 by $64,582.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following mnergency budget Ordinance:
(#28935) AN ORDINANCE to amend and reordain certain sections of
the 1987-8B General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 433.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
BUDGET-POLICE DEPARTMENT: The City Manager submitted a written
report advising that Congress mandated 21 USC Sec. 881 el-4,
October, 1986, which authorized the transfer of certain federally for-
feited property to state and local law enforcement agencies that par-
ticipated in the investigation and seizure of the property; that
application for an equitable share of property seized by local law
enforcement must be made through the U. S. Department of Justice and
certified by the City Attorney as to the appropriate agency and repre-
sentative to receive the property, and the transfer is not prohibited
by state or local law; and property (including funds shared with state
and local agencies) may be used only for the purpose stated in the
application, i.e., narcotics related to law enforcement, and the agency
requesting the transfer of property agrees to pay fees and expenses
necessary to effect the transfer.
644
ACT[ON:
ACT[ON:
It was explained that the Police Department estimates $38,000.00
from the Federal Government's asset sharing program; that the U. S.
Marshal is the dispensing agent; and Council action is needed to accept
the funds and authorize the Director of Finance to establish grant fund
accounts from which the Police Department [nay disperse the funds in
accordance with provisions of the program, as follows:
Investigations and Rewards (035-050-3300-2150)
Expendable Equipment (035-050-3300-2035)
Capital Outlay/Other Equipment (035-050-3300-9015)
It was further explained that revenues collected for the grant
funds are $22,376.00 and deposited in Grant Account No. 035-050-1234-
7060; and the Police Department estimates an additional amount of
$15,624.00 to be received.
The City Manager recommended that Council accept assets from the
Federal Forfeited Property Sharing Pro§ram; appropriate $38,000.00 to
the fo]lowing grant fund accounts; and establish the revenue estimates
for the grant funds for $38,000.00.
Investigations and Rewards
Expendable Equipment
Capital Outlay/Other Equipment
035-050-3300-2150
035-050-3300-2035
035-050-3300-9015
$ 27,444.00
5,000.00
5,556.00
$ 38,000.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following energency budget Ordinance:
(#28936) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 434.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............ -6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
BUDGET-EQUIPMENT-FIRE DEPARTMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to bids received for one new four wheel drive pick-up truck
for use by the Fire Department, recommending that Counci] accept the
bid submitted by Berglund Chevrolet, in the total amount of $13,382.78;
that all other bids be rejected; and that Council appropriate
$13,382.78 from Capital Maintenance and Equipment Replacmnent Program
to Fire Department, Account No. 001-050-3213-9010, to provide suf-
ficient funds for the purchase.
(For ful] text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following e~ergency budget Ordinance:
(#28937) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 435.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
m
ACTION:
ACTION:
ACTION:
645
AYES:
Mayor Musser ..............................
NAYS: None--
(Mayor Taylor was absent.) (Council member Bowers abstained
voting.)
Council members Harvey, Trout, Bowles, Garland and Vice-
5.
-0.
from
Mr. Harvey offered the following energency Ordinance:
(#28938) AN ORDINANCE providing for the purchase of one (1) new
four-wheel drive pick up truck for use by the City, upon certain terms
and conditions, by accepting a bid made to the City for furnishing and
de]ivering such equipment; and rejecting the other bids made to the
City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 435.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Garland and Vice-
Mayor Musser ....... --5.
NAYS: None ....... -0.
(Mayor Taylor was absent.) (Council member Bowers abstained from
voting.)
BUDGET-EQUIPMENT-HUMAN RESOURCES: The City Manager submitted a
written report concurring in a report of the Bid Com~nittee in connec-
tion with the purchase of one four wheel drive vehicle for the Depart-
ment of Social Services, recommending that Council accept the low bid
submitted by Fulton Trucks, Inc.; that all other bids be rejected; and
that Council appropriate $14,953.00 from Capital Maintenance and
Equipment Replacement Program to Social Services Account No. 001-054-
5311-9010. '
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
{#28939) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 436.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ........ -6.
NAYS: None .0.
(Mayor Taylor was absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#28940} AN ORDINANCE providing for the purchase of one (1) new
four-wheel drive vehicle for use by the City, upon certain terms and
conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; and rejecting the other bids made to the
City; and providing for an emergency.
{For full text of Ordinance, see Ordinance Book No. 50, page 437.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
646
ACTION:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .................................................... 5.
NAYS: None ............................................ O.
(Mayor Taylor was absent.)
BUDGET-EQUIPMENT-WATER DEPARTMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee in connec-
tion with the purchase of two new uti]ity type vehic)es for use by the
Water Department, reco~mnending that Council accept the bid of Berglund
Chevrolet, in the total mnount of $26,984.18; and that al) other bids
be rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28941) AN ORDINANCE providing for the purchase of two (2) new
utility type vehic]es for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and rejecting the other bids made to the City;
and providing for an emergency.
(For fu]] text of Ordinance, see Ordinance Book No. 50, page 437.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Garland and Vice-
Mayor Musser ................. _ ........ 5.
NAYS: None .......
(Mayor Taylor was absent.)
voting.)
(Council member Bowers abstained from
ACTION:
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee in connection
with the purchase of trailer mounted leaf loading machines, recom-
mending that Council accept the bid submitted by Virginia Public Works
Equipment Company, in the total amount of $33,895.00; that the other
bid be rejected; and that Council appropriate $33,895.00 from the
Capital Maintenance and Equipment Replacement Program to Grounds
Maintenance, Account No. 001-050-4340-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28942) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 438.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ......... -6.
NAYS: None ......... _ ....... O.
(Mayor Taylor was absent.)
Mr. Garland offered the following emergency Ordinance:
(#28943) AN ORDINANCE providing for the purchase of five (5) new
trailer mounted leaf loading machines for use by the City, upon certain
terms and conditions, by accepting a bid made to the City for fur-
nishing and delivering such equipment; and rejecting the other bid made
to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 439.)
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser-- 6.
NAYS: None ...............
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS: Ordinance No. 28933 providing for an
extension of the lease and agreement between the City, Mill Mountain
Zoo, Inc., and the Roanoke Jaycees, Inc., for operation of the minia-
ture railroad, for a three year term from January 1, 1988, through
December 31, 1990, having previously been before the Council for its
first reading on Monday, December 28, 1987, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for ils second reading and final adoption:
(#28933) 'AN ORDINANCE providing for an extension of the lease of
~t~ Mt,ll MountaintZoo upon certain terms and conditions; and extension
o-~ ~..~x~'?e' a)reenent four the operation of the miniature train at,the Zoo,
~-'~e.[t~lml~);~ a~d conditions. ,
(For full text of Ordinance, see Ordinance Book No. 50, page 433.~'
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None ........
O®
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION-LEAGUE OF OLDER AMERICANS: The Vice-Mayor referred
to a communication from Mr. Prentiss A. Webb, President, League of
Older Americans, Board of Directors, advising that the Virginia Depart-
ment for the Aging is submitting a biennium budget of $13.2 mi)lion to
be apportioned out to the 25 Area Agencies on Aging which includes the
League of Older Americans, Inc., to help meet certain needs, and to
serve people who are not now recipients; that the Virginia Coalition
for the Aging has made support for the funding request their highest
priority; and the City of Roanoke has always been a staunch supporter
of the League of Older Americans, for which they rmnain grateful. Mr.
Webb requested that Council adopt a measure supporting the request of
the Virginia Department for the Aging for State funding to meet the
needs of the elderly throughout the Co~nonwealth of Virginia.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28944) A RESOLUTION supporting the request of the Virginia
Department for the Aging for state funding to meet the needs of the
elderly throughout the Commonwealth.
(For full text of Resolution, see Resolution Book No. 50, page 439.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
647
648
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .............................. 6.
NAYS: None--- - .............................. O.
(Mayor Taylor was absent.)
OTHER HEARINGS OF CITIZENS:
ACTION:
PARKS AND PLAYGROUNDS-REFUSE COLLECTION: Mr. Robert G. Jones, 632
Second Street, S. W., addressed Council with regard to construction of
lifts in the vicinity of the Mill Mountain Star and the Walnut Avenue
Bridge. He advised that he is of the understanding that there is an
incinerator located on the grounds of the Roanoke Civic Center, and
suggested that the City study the feasibility of disposin9 of refuse
at that location instead of the regional landfill.
Mr. Trout moved that the matters be referred to the City F~nager
for appropriate response. The motion was seconded by Mr. Garland and
adopted.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 3:45 p.m.
ATTEST: rk~~
APPROVED
Vi c e-Mayo r
649
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 11, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on ~nday, January 11, 1988, at 7:30 p.m., the regular
meetin9 hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as mnended.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, II, and Mayor
Noel C. Taylor .................. _ ...... 7.
ABSENT: None ............
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor recognized students associated wi th TAP's Project
Discovery, and government students from Patrick Henry High School.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant Lo Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, January 11, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Leslie E.
Bowers, Jr., that a portion of the alley between Lots 26, 27 and 28,
and Lots 2 and 3, Block 3, Woodland Park Addition, said alley running
parallel to and between Tazewell Avenue and Church Avenue, S. E., be
permanently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Thursday,
December 24, 1987, and Thursday, December 31, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, based on the following conclusions, was before
Council.
Closure as requested will not effect adjacent
properties or current use of the developed portion
of the alley system.
Alley cannot be extended because of the location of
Interstate 581.
Undeveloped portion of the alley currently serves
no useful purpose.
Adjacent property owners could utilize the land
within the alley right-of-way in a more efficient
(For full text, see report on file in the City Clerk's Office.)
650
ACT[ON:
ACT[ON:
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#28945) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia as
is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Harvey.
Mr. Ronald E. Beasley, representing the petitioner, appeared
before Council in support of the request.
No person wishing to address Council with regard to the request,
Ordinance No. 28945 was adopted on its first reading by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................
NAYS: None ........
-0.
STREETS AND ALLEYS: Pursuant Lo Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, January 11, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Imaging Center
of Southwest Virginia, [nc., that a 15 foot wide alley extending
northerly from Marion Street for a distance of approximately 508 feet,
more or less, to Albemarle Avenue and the portion of Marion Street
running easterly from South Jefferson Street to the westerly boundary
of the right-of-way of U. S. Route 220, be permanently vacated, discon-
tinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Thursday,
December 24, 1987, and Thursday, December 31, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, subject to the condition that an easement be
retained for the existing utilities listed as follows until such time
as they are relocated, was before Council.
City sewer line within subject alley.
Appalachian utility poles and lines within the
street and alley.
C & P Telephone Company facilities within the
street and alley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#28946) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Bowers.
Mr. Thomas T. Palmer, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
651
m
ACTION:
No person wishing Lo address Council with regard Lo the request,
Ordinance No. 28946 was adopted on ils first reading by the following
vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor--- · .... 7.
NAYS: None .........
O®
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, January 11, 1988, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the question of amending the
Official 1976 Zonin9 Map, Lo rezone certain parcels of land located on
Memorial, Denniston, and Westover Avenues, Winborne Street and Grandin
Road, S. W., from C-2, General Con~nercial District, to CN, Neighborhood
Commercial District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Thursday,
December 24, 198/, and Thursday, December 31, 1987.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the proposed amendment, advising that the proposed rezoning of the
Grandin Road commercial area from C-2, General Commercial District, to
CN, Neighborhood Commercial District, is consistent with the City's
Comprehensive Plan, and would help ensure the continuation of commer-
cial development compatible in scale and character with the surrounding
residential neighborhood, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upo, its
first reading:
(#28947) AN ORDINANCE to amend the Official 1976 Zoning Map, City
of Roanoke, Virginia, and the appropriate Sectional Sheet Maps, as pre-
viously amended, to rezone certain property in the Grandin Road Village
area to CN, Neighborhood Commercial District.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Harvey.
Mrs. Susan S. Goode, Chairman, City Planning Commission, appeared
before Council in support of the proposed amendment, and responded to
questions raised by the mmnbers of Council.
No person wishing to address Council with regard to the proposed
amendment, Ordinance No. 28947 was adopted on its first reading by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowl es, Harvey and
Mayor Taylor ......... .6.
NAYS: None -0.
(Council member Garland abstained from voting ina~nuch as he is a joint
owner of property in the area.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. Ne called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, two requests to discuss prospective businesses,
and an additional personnel matter.
652
ACTION:
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
Monday, December 7, 1987, and Monday, December 21, 1987, were before
t he body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...............
NAYS: None ...........
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session Lo discuss personnel matters relatin9 to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor Lo
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .1.
NAYS: None ....... .0.
PLANNING: A report of qualification of Jerome S. Howard, Jr., as
a member of the Fifth Planning District Commission for a term of three
years ending December 31, ]990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
NAYS: None .......
.0.
COUNCIL: Two reports of the City Manager requesting Executive
Sessions to discuss prospective new businesses, pursuant to Section
2.1-344 (al (4}, Code of Virginia (1950), as amended, were before the
body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the requests of the City
Manager to convene in Executive Session to discuss prospective new
businesses, pursuant to Section 2.1-344 (al (4), Code of Virginia
(1950), as amended. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... ----7.
NAYS: None ........ ---0.
COUNCIL: An oral request of Council member James G. Harvey, II,
for an Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended was
before the body. '
(For full text, see report on file in the City Clerk's Office.)
653
ACT [ON:
Mr. Trout moved ti~at Council concur in the request of Council
member Harvey to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The [notion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None ..................... O.
m
REGULAR AGENDA:
ACT[OH:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-VIRGINIA MUNICIPAL LEAGUE-CITY GOVERI~MENT: The City
Manager submitted a written report advising that governmental electric
rates have, in recent years, been established through contract nego-
tiations for three year term increments; that the type of rates are
schools, pumping (water ar,d sewage), other (general government) street
lighting (the City of Roanoke, contrary to some smaller localities,
has a separate contract for street lighting); that current contract
rates for schools, pumping and general government were up for con-
sideration for change as of June 30, 1987; that the Electrical Company
(APCO) recm~mended a modest decrease; that the potential for a more
substantial decrease exists, and this potential can only be developed
through an exchange of information between representatives of APCO and
expert rate personnel representing the localities.
It was explained that the City has historically joined with other
cities, towns and counties served by APCO to negotiate as a block unit
through the Virginia Municipal League (VML) and the Virginia Associa-
tion of Counties (VACO); that representatives for the City on the
Electrical Rate Steering Committee include the City Attorney and the
Director of Utilities and Operations with less frequent representation
by the Director of Public Works, Manager of Signals and Alarms, and
Assistant City Attorney; that all negotiations are subject to the final
approval of Council; and Council has authorized an expenditure of
$3,681,651.00 in fiscal year 1988 for electrical energy in the admi-
nistrative portion of the budget, including the water and sewage funds.
The City Manager recommended that Council authorize payment of
$15,840.00 to the VML as the City's pro rata share of rate negotiation
expenses; and that Council transfer $15,840.00 from Electricity, Account
No. 001-052-4330-2022, to Fees for Professional Services, Account No.
001-056-1250-2010.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28948) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 440.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
654
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .... 7.
NAYS: None ..........
GRANTS-EQUIPMENT-LIBRARIES: The City Manager submitted a written
report concurrin9 in a report of the Bid Committee with reference to
the purchase of one new Library bookmobile, recommending that Council
accept the bid of Salem Quality Equipment, [nc., in the total amount of
$44,034.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#28949) AN ORDINANCE providing for the purchase of one (1) new
Library Bookmobile for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and providing for an mnergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 441.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ...... .7.
NAYS: None .......... O.
HOUSING: The City Manager submitted a written report regarding
the position of the City to be taken on a proposal Lo request the
Virginia Housing Development Authority (VHDA) to commit a portion of
its $63 million reserve for construction of housing for the poor,
advising that the $130,000,000 the VHDA has, in ils general reserve
fund, appears at first 9lance to be a huge sum that might be put to use
for 9rants or very low interest loans, however, it is critical to con-
sider what VHDA is, is not and cannot be; that VHDA was established to
be a lender, competing for money in a very competitive financial
market; and the fact that it has an apparently large pool of funds on
reserve does not mandate that iL deplete that pool on various sub-
sidizin9 ventures of significant risk, any more than the same is
expected of an independent commercial bank or savings and loan.
It was advised that in the context of the total amount of outstan-
ding bond obligations this fund is backing up, and its importance for
the long-term operations of VHDA, which has always been intended Lo be
self-supporting, the fund is not at all excessive; and given the sphere
in which VHDA was set up to work, it literally cannot afford to give
money away.
it was explained that VHDA's activities have had a significant
impact on the housing opportunities of many Virginians and Roanokers;
that the majority of the homeownership assistance has been to those
families in the moderate income range, not quite able to afford a home
through conventional market financing; that VHDA cannot provide a great
deal of assistance to all families, even those in the greatest need;
and no tool can do all jobs.
The City Ranager recommended that Council take no action with
regard to requesting Virginia Housing Development Authority reserve
funds to be used for other than currently authorized purposes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation of the
City Manager, and receive and file the report. The motion was seconded
by Mr. Trout and unanimously adopted.
LEGISLATION-LOTTERY: The City Manager, City Attorney and Director
of Finance submitted a joint written report advising that at the
Council meeting on Monday, November 23, 1987, Council referred to them
the question of return of lottery revenue, or a part thereof, to the
cities, counties and towns of the Commonwealth; and specifically, they
655
ACTION:
were requested to address whether lottery revenue, or a portion
thereof, should be returned by the Commonwealth Lo the localities and,
if so, what formula should be applied to distribute such funds.
It was further advised that although it is not certain that any of
the revenue frmn the recently approved lottery will be returned to the
localities, and they have heard no legislators advocating this dispo-
sition of lottery revenue they, nevertheless, believe that lottery
revenue should be shared by the Commonwealth with ils cities, towns and
counties; that recent Joint Legislative Audit and Review Commission
studies show that many of the localities of the Commonwealth are suf-
fering from fiscal stress, particularly the central cities; that it is
in the interest of the Commonwealth to maintain strong viable local
9overnments; therefore, they would recommend that the Commonwealth
establish a program of sharing lottery revenue with ils localities on
the basis of fiscal stress.
It was explained that there are a number of other formulas which
could be used Lo distribute lottery proceeds to the localities; that
other than the preferred fiscal stress formula, other obvious formulas
include point of sale of population; that although preferring the
fiscal stress formula, their choice between point of sale and popula-
tion would be a disbursement of lottery proceeds based on population;
that this conclusion is not based on any scientific study, but simply
on their belief, based primarily on lottery referendum results, that
lottery sales will be better in Northern Virginia and Tidewater than in
the Roanoke Valley; therefore, if their choice is between a formula
based on point of sale or a formula based on population, their pre-
ference would be the latter formula.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#28950) A RESOLUTION imploring the General Assembly to establish
a program of sharing new lottery revenues with the cities, counties and
towns of the Commonwealth on the basis of an appropriate fiscal stress
formula.
(For full text of Resolution, see Resolution Book No. 50, page 441.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .................................. 7.
NAYS: None .......... O.
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Board
Trustees, the three year terms of LaVerne B. Dillon, David K. Lisk and
James M. Turner, Jr., will expire on June 30, 1988.
It was further advised that according to Section 9-16, on or
before February 15 of each year, Council shall announce its intention
to elect trustees of the School Board for terms commencing July 1
through (1) public announcement of such intention at two consecutive
regular sessions of the Council and (2) advertisement of such intention
in a newspaper of general circulation in the City twice a week for two
consecutive weeks.
It was explained that Section 9-17 provides that all applications
must be filed in the City Clerk's Office by March 10; that applications
will be received until 5:00 p.m., on Thursday, March 10, 1988; that
application forms are available in the City Clerk's Office and may be
obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through
Friday; and information describing the duties and responsibilities of
School Board Trustees will also be available.
(For full text, see report on file in the City Clerk's Office.)
656
ACTION:
ACT[ON:
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. M,Jsser and unanimously adopted.
The
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council member James G. Harvey, II, Chairman of
the Audit Committee, presented minutes of the meeting held on Monday,
January 4, 1988, advising that the committee reviewed, received and
filed the June 30, 1987, Roanoke City Public School Activity Funds
Audit Report from the Municipal Auditor; and reviewed, received and
filed the following June 30, lg87 Audit Reports from Peat Marwick:
Evaluation of the Municipal Audit Department
Accountant's Report for the Employees' Retirement
System
Comparative Cost Report Opinion
Management Letter wi th comments from the City
Manager and Commissioner of Revenue
Accountant's Opinion and Single Audit
included in tile City's June 30, 1987 CAFR
Report
[t was further advised that the Committee reviewed, received and
filed the June 30, 1987, City of Roanoke Pension Plan Comprehensive
Annual Financial Report; and the Committee went into Executive Session
to discuss a personnel matter.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Harvey moved that the minutes be received and filed.
motion was seconded by Mr. Bowers and unanimously adopted.
The
AIRPORT: Mr. W. Robert Herbert, Chairman, Roanoke Regional Airport
Commission, presented a written report of the Commission advising that
City Council and the Roanoke County Board of Supervisors approved on
October 12 and 13, 1987, respectively, authorization to proceed and a
project development budget of $25,587,477.00 for the Airport Terminal
Development Project; that the budget approval anticipated the commit-
ment of an additional total amount of $4,700,000.00 from the Federal
Government during fiscal years 1988-89 and 1989-90; that the Commis-
sion has received a commitment from the Federal Government, in the form
of a letter of approval and allocation, for an amount not to exceed
$4,885,585.00 for eligible project costs during Federal fiscal years
1988, 1989, 1990, and 1991; that this commitment is from entitlement
funds from the newly authorized Aviation Bill; that discretionary
funding is anticipated in the total &mount of $2,200,000.00 which will
offset dollar for dollar the otherwise committed entitlement funding in
the last two years; and any entitlement funding offset by discretionary
funding will be made available, through grant amendments, for such
other anticipated future capital expenditures such as taxiway and run-
way pavement overlays and CFR equipment replacement and/or supplemen-
tation.
It was explained that the Airport Commission needs to make the
contractual commitment to Branch Highways, Inc., for the full scope of
the site development work in accordance with a report under date of
January 6, 1988, to the Commission; that specific capital expenditure
approval for the terminal development complex project from Roanoke City
and Roanoke County is requested in accordance with the budget approved
on October 12 and 13, 1987, respectively, as such budget and timing for
reimbursement are modified by the commitment of $4,885,585.00 over a
time period of not later than 1991 rather than $4,700,000.00 over a
time period of not later than 1990.
The Airport Commission recommended that City Council and the Board
of Supervisors approve specific capital expenditures as provided in the
enabling legislation and contractual agreement between the City,
County, and Commission for the Project, at a project cost not to exceed
657
m
ACTION:
ACTION:
$25,587,477.00, as said budget was outlined in the October 7, 1987,
report modified only to the extent of the latest timing, to receive
reimbursement from the Federal Aviation Administration, he amended frmn
$4,700,000.00 over fiscal years 1988-89 and 1989-90 to $4,885,585.00
over Federal fiscal years 1988, 1989, 1990 and 1991; and an additional
$185,585.00 reduced the anticipated $7,300,000.00 local &mount to a
residual of $7,114,415.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#28951) A RESOLUTION approving specific capital expenditures for
the Roanoke Regional Airport Terminal Development project by the
Roanoke Regional Airport Commission, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .......... 7.
NAYS: None-- O.
The City Manager requested that a letter of appreciation be for-
warded to Mr. William A. Whittle, Federal Aviation Administration,
Senator Paul S. Trible, Senator John W. Warner, and Congressman Jim
Olin for their assistance.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PARKS AND PLAYGROUNDS-LEGISLATION: Mr. Musser offered the follow-
ing Resolution requesting the United States Congress to take such
legislative action as is necessary to remove restrictive covenants from
the deed to the City-owned land known as Veterans Park so as to permit
the City to convey such land to the Commonwealth of Virginia for use as
a veterans nursing home:
(#28952) A RESOLUTION requesting the United States Congress to
take such legislative action as is necessary to remove restrictive con-
venants from the deed to the City-owned land known as Veterans Park so
as to permit the City to convey such land to the Commonwealth of
Virginia for use as a veterans nursing home.
(For full text of Resolution, see Resolution Book No. 50, page
The motion was seconded by Mr. Harvey.
Vice-Mayor Musser called attention to a 16.8 acre parcel of land
owned by the City and known as Veterans Park, located on Shenandoah
Avenue, N. W., adjacent to the Veterans tlospital in Salem. He said all
or a portion of said land would make an ideal site for a State Veterans
Nursing Home; however, when the land was conveyed to the City by the
U. S. Department of the interior, pursuant to deed under date of
June 25, 1980, restrictive convenants were included that the land would
be used for public park or public recreational purposes. He explained
that the Resolution presently before the Council requests the United
States .Congress to take such legislative action as is necessary to
remove the restrictive covenants so as to permit the City to convey the
land to the Commonwealth of Virginia for use as a State Veterans
Nursing Home.
Mr. r~sser advised that the Veterans Administration is of the
opinion that it is favorable to have a nursing home constructed as clo-
sely as possible to the Veterans Hospital, and the City of Roanoke is
fortunate to own land in that area. He explained that such homes are
constructed based upon sixty per cent federal funds and forty.per cent
local funds. He noted that the City Manager and~ils~9~ ~e~reat[~q~
personnel believe that a State Nursing Home has m6rit, and th~ faci{q~~
658
would work with the local area to provide for a passive park with
therapeutic recreational facilities which would be available for use by
residents of the proposed State Nursing Home as well as for public use.
Resolution No. 28952 was adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None ..................................................... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
TRAFFIC: Mr. M. Scott Ayres, 2455 Tillett Road, S. W., appeared
before Council and inquired as to the status of the City Manager's
investigation concerning traffic in his neighborhood.
The City Manager advised that he will respond to Mr. Ayres' con-
cerns within the next thirty days.
At 8:05 p.m., the Mayor declared the meeting in recess.
At 10:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Linda E. Hart-Copenhaver, Helen R. Prillaman, Hillary A. Lantz,
Thomas Pettigrew, Charles W. Hancock and Gary J. Foutz as members of
the Citizens' Advisory Committee, City Wide Park Study, expired on
June 30, 1987, and called for nominations to fill the vacancies.
Mr. Harvey placed in nomination the names of Linda E. Hart-Copen-
haver, Helen R. Prillaman, Charles W. Hancock, Hillary A. Lantz and
Thomas Pettigrew.
There being no further nominations, Ms. Hart-Copenhaver, Ms.
Prillaman, Mr. Hancock, Mr. Lantz and Mr. Pettigrew were reelected as
members of the Citizens' Advisory Committee, City Wide Park Study, for
terms ending June 30, 1988, by the following vote:
ACTION:
FOR MS. HART-COPENHAVER, MS. PRILLAMAN, MR. HANCOCK, MR. LANTZ AND
MR. PETTIGREW: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ....................... 7.
PLANNING: The Mayer advised that there is a vacancy on the Fifth
Planning District Commission created by the death of David H. Woodbury
for a term ending June 30, 1988, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of John R. Marlles.
There being no further nominations, Mr. Marlles was elected as a
member of the Fifth Planning District Commission to fill the unexpired
term of David H. Woodbury, deceased, ending June 30, 1988, by the
following vote:
ACTION: FOR MR. MARLLES: Council members Musser, Trout, Bowers, Bowles,
Garland, Harvey and Mayor Taylor ............... 7.
There being no further business, the Mayor declared the meeting
adjourned at 10:15 p.m.
APPROVED
659
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 19, 1988
2:00 p.m.
,!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 19, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as mnended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, and Mayor Noel C. Taylor ...... 6.
ABSENT: Vice-Mayor Howard E. Musser ..........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Ear] B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Queen Snell,
Pastor, St. John's A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss acquisition of real pro-
perty for public purpose.
MINUTES: Minutes of the regular meeting of Council held on
Monday, December 28, 1987, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the roi]owing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or- .6.
NAYS: None .............................
O.
(Vice-Mayor Musser was absent.)
ZONING-ANNUAL REPORTS: The annual report of the Board of Zoning
Appeals for the year 1987, was before Council.
(For full text, see annual report on file in the City Clerk's Office.)
Mr. Trout moved that the annual report be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ...... 6.
NAYS: None-- O.
(Vice-Mayor Musser was absent.)
66O
ACT[ON:
ACT[ON:
ACT[ON:
TAXES-HOUSING: A communication frm~ Mr. Herbert D. McBride,
Executive Di rector, City of Roanoke Redevelopment and Housing
Authority, advising that under the Cooperation Agreement between the
City of Roanoke and the Housing Authority, the Authority shall make
payment in lieu of taxes to the City each fiscal year which is ten per
cent of shelter rents from all housing projects; and transmitting a
check, in the amount of $112,411.98, which represents payment in lieu
of taxes for the following projects, was before Council.
Lansdowne Park
Lincoln Terrace
Hurt Park
Highland Manor
Hunt Manor
Melrose Towers
Jamestown Place
Morningside Manor
B1 uestone Park
Indian Rock
Scattered Housin9
Itackl ey Avenue
$ 15,562.73
21,435.09
9,984.04
3,716.15
8,516.33
19,814.27
8,083.70
9,665.51
4,258.60
5,321.44
4,303.08
1,751.04
$112,411.98
It was explained that the above mnounts cover the Housin9
Authority's fiscal year ended September 30, 1987.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or ....... ~6.
NAYS: None .........
(Vice-Mayor Musser was absent.)
O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
A. Lorraine Johnson as a m~ber of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years ending November 21, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. TroUt moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ....... .6.
NAYS: None ......... O.
(Vice-Mayor Musser was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
James B. McCloskey as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years endin9 November 21, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 Owl ng vote:
661
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or .......... 6.
NAYS: None ..... O.
(Vice-Mayor Musser was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session Lo discuss acquisition of real property for public purpose,
pursuant to Section 2.1-344 (al (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss acquisition of real
property for public purpose, pursuant to Section 2.1-344 (al (2), Code
of Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council inembers Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or ........ 6.
NAYS: None .... O.
(Vice-Mayor Musser was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
'ITEMS RECOMMENDED FOR ACTION:
HOUSING-FLOODS: The City Manager submitted a written report
advising that the Vacant Lot Homesteading Program generally is intended
to encourage positive maintenance of vacant land in older areas of the
City; that extension of the Program, approved by Council on November 9,
1987, takes this concept further by encouraging development of new
housing on vacant land, by reimbursing the builder/developer for cer-
tain costs of development; and allowable costs reimbursable under the
Program, up to a maximum of $2,500.00 in each case, are:
Purchase price of the lot, up to the fair market
va] ue.
Legal fees associated with purchase and resale, as
paid by builder/developer.
Clearing and grading where necessary.
Building permit fees.
Water and sewer connection fees.
Other reasonable expenses customarily associated
with such real estate transactions.
It was ex~alned that conditions which the builder/developer must
meet to receive reimbursement are:
662
Building and site plans approved by the Building
Deparbnent as meeting applicable building and
zoning codes and being compatible with existing
neighborhood design.
Build or ~nove a residential building onto the lot
within specified time.
Sell or lease the building initially to a low-
moderate income party.
If the builder/developer is a non-profit corpora-
tion, benefits of reimbursmnent are to be passed on
to the low-moderate income occupant via reduced
sales price or rent.
The City Manager advised that the Shadeland Relocation Project, in
which Virginia Mountain Housing moves, repairs, and sells houses for
owner occupancy, is the sort of development in older neighborhoods that
the Vacant Lot Homesteading Program extension was intended to supple-
ment.
It was noted that development costs of Virginia Mountain Housing's
first house moved from Shadeland Avenue and renovated were higher than
projected; that although the costs wil) be reduced significantly for
the remaining ten houses Virginia Mountain Housing is to move from
Shadeland Avenue, there is still some question as to whether complete
quality renovation can be performed for a cost less than the houses
would appraise for in the locations targeted for the remainder of the
Shadeland Relocation Project; and the proposed use of the Vacant Lot
Homesteading Progrmn would reduce the total development costs to
Virginia Mountain Housing by bringing their costs below the appraised
value; i.e.: selling price of the completed houses.
It was further noted that contracts would provide that reimbur-
sement via the Program would not be made until doc~entation of costs
and appraised value is provided to the Housing Development Office
showing that the margin of the value over total unreimbursable costs is
not excessive; that lots identified for the next phase of the Shadeland
Relocation Project are identified as follows for Council's considera-
tion of reimbursement under the Vacant Lot Homesteading Program; and
all six of the lots are in the Gainsboro neighborhood and are currently
owned by the Housing Authority, which has agreed to transfer them to
Virginia Mountain Housing.
~pproximate Address
Official Tax No.
235 Harrison Avenue, N. W.
(corner of Harrison Avenue
and Third Street)
116 Harrison Avenue, N. W.
120 Harrison Avenue, N. W.
124 Harrison Avenue, N. W.
128 Harrison Avenue, N. W.
132 Harrison Avenue, N. W.
2021/66
2010907
2010906
2010905
2010904
2010901
The City Manager recommended that he be authorized to execute
contracts with Virginia Mountain Housing, Inc., providing for reimbur-
sement for certain costs as provided in the Vacant Lot Homesteading
Progrmn as extended and specified in individual contracts, for reloca-
tion, renovation, and selling six houses in the Shadeland Relocation
Project to lots above identified; and authorize reimbursement to
Virginia Mountain Housing for such costs according to the terms of the
contracts.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
663
ACTION:
(#28953) AN ORDINANCE authorizing the execution of six 9rant
agreenents with Virginia Hountain Housing, [nc.; and providing for an
emergency.
(For full text ol~ Ordinance, see Ordinance Book No. 50, page 448.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the l~ollowin9 vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ............................... 6.
NAYS: None .................
(Vice-Mayor Musser was absent.)
BUDGET-PARKS AND PLAYGROUNDS-SEWERS AND STORM DRAINS-FLOODS: The
City Manager submitted a written report in connection with Change Order
No. 1 to the contract with A. L. King, Ltd., for construction/restora-
tion of the Washington Park Box Culvert, advising that in November
1985, the flood deteriorated the double 5' x 7' box culvert underneath
Washington Park; that Hayes, Seay, Mattern & Mattern was authorized Lo
prepare plans and specifications for the repair of the damage, and
although damaged, the culvert has continued to satisfactorily handle
the flow of Lick Run.
It was explained that plans and specifications called for the most
seriously damaged section of the box culvert to be eliminated and a new
102" concrete pipe tunneled and jacked approximately 640 feet through
rock and the old landfill to a spot in the existing box where a junc-
tion box would be constructed; that from the new junction box, 70 feet
of tunnel liner was to be installed in the less severely damaged sec-
tion of the existing box culvert; and Council received bids on the pro-
ject and awarded the contract to A. L. King, Ltd., in the amount of
$1,243,833.00.
It was advised that the Engineering Department and Hayes, Seay,
Mattern & Mattern inspected the less severely damaged section of the
culvert after the heavy rains and flooding that occurred on Labor Day
weekend, 198/; that inspection revealed that the side wall sections
where the tunnel liner is to be installed have sustained more damage,
probably caused by the Labor Day flooding; and the City Engineer and
Hayes, Seay, Mattern & Mattern began negotiations with the contractor
to tear out the damaged section (121 feet) of the box culvert and
install a new 102" concrete pipe which would move the junction box sec-
tion ahead to a joint in the existing box culvert where the damage
ends.
It was noted that the negotiated price with the contractor is a
total amount not to exceed $389,470.00 which equates to $3,218.76 per
linear foot; that this compares to $4,545.00 per linear foot for the
43.5 feet of the work already included in the current contract; that in
addition, the City will receive a credit of $42,700.00 due to elimina-
tion of the tunnel liner required under the current contract; that the
total cost to the City will then be a maximum of $346,770.00; and due
to the c(xnplexity of the proposed construction, which includes tun-
neling and jack hammering out the existing double box culvert while
working under constant water flow conditions and the lower cost per
linear foot for the additional work, it is felt that this price per
foot is fair and equitable to the City.
The City Manager recommended that he be authorized to execute
Change Order No. 1 with A. L. King, Ltd., in an amount not to exceed
$346,770.00 and extend the contract time by 150 consecutive calendar
days in order to complete the additional work; and that Council approve
transfer of $242,486.00 from the Capital Improvement Reserve Account -
Washington Park Storm Drain, Account No. 008-052-9575-9185, to the
Washington Park Box Culvert Construction Account, Account No. 008-052-
9585-9065, noting that the additional $104,284.00 is available in the
project contingency.
(For full text, see report on file in the City Clerk's Office.)
664
ACTION:
ACT[ON:
ACTION:
Mr. Trout offered the following emeryency budget Ordinance:
(~28954)
the 198/-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 448.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the fo]lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ........ _ .............. 6.
NAYS: None .......
(Vice-Mayor Musser was absent.)
Mr. Trout offered the following emergency Ordinance:
(#28955) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with A. L. King, Ltd., for
construction and/or reconstruction of the Washington Park Box Culvert;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 449.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ......... 5.
NAYS: None ..........
(Vice-Mayor Musser was absent.)
BUDGET-EQUIPMENT-ENGINEERING DEPARTMENT: The City Manager sub-
miLLed a written report concurring in a report of the Bid Committee
with reference to electronic distance measuring equipment for the
Department of Engineering.
The Bid Committee recommended that Council accept the bid of
Thorp-Smith, Inc., in the total amount of $12,339.00; reject all other
bids received; and transfer $12,339.00 from the Capital Maintenance and
Equipment Replacement Program to Engineering Account No.
001-052-4310-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28956)
the 1987-88
emergency.
AN ORDIt~NCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 449.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or ......... 6.
NAYS: None .......
-0.
(Vice-Mayor Musser was absent.)
Mr. Garland offered the following emergency Ordinance:
665
ACT[ON:
ACTION:
ACT[ON:
(//28957) AN ORDINANCE providing for the purchase of electronic
distance measurin9 equipnent; accepting a certain bid made to the City
for furnishin9 and delivering said system; rejecting all other bids
made to tile City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 450.)
Mr, Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Tayl or ....... 5.
NAYS: None .............
5
(Vice-Mayor Musser was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report for the City of Roanoke for the month of December, 1987.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report transmitting a budget ordinance adjusting salary budgets as
requested by a report of the City Manager.
A report of the City Manager tran~nittin9 the personnel lapse
report, representing the first and second quarters of fiscal year
1987-88, which was prepared by the Office of Budget and Management,
recommending the following, was before Council.
General Fund Beginning Balance
Recommended Lapse Adjustment
$550,000.00
-2/5,000.00
Amount to be Realized
$275,000.00
Internal Service Beginning Balance
Recommended Lapse Adjustment
$100,000.00
- 50,000.00
Amount to be Realized
$ 50,000.00
It was explained that the recommendation includes a make-up, in
part, of new classification of positions approved by Council, as well
as salary adjustments to unclassified positions and State Compensation
Board budgets not considered at budget adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr, Trout offered the following ~mergency budget Ordinance:
(//28958) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 451.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seConded by Mr. Garland and adopted by the following vote:
AYES: CounCil members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ........ ' .6.
NAYS: None---
(Vice-Mayor Musser was absent.)
666
ACTION:
ACTION:
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Section 9, Education, of the Code of the City of Roanoke, 1979,
establishing a procedure for the election of School Board Trustees, the
three year terms of LaVerne B. Dillon, David K. Lisk and James M.
Turner, Jr., will expire on June 30, 1988; that according to Section
9-16, on or before February 15 of each year, Council shall announce its
intention to elect trustees of the Roanoke City School Board for terms
commencing July 1 through public announcement of such intention at two
consecutive regular sessions of the Council and by advertisement of
such intention in a newspaper of general circulation in the City twice
a week for two consecutive weeks, was before the body.
It was further advised that Section 9-17 provides that all appli-
cations must be filed in the City Clerk's Office by March 10; that
applications will be received until 5:00 p.m., on Thursday, March 10;
that application forms are available in the City Clerk's Office and may
be obtained between the hours of 8:00 a.m., and 5:00 p.mo, Monday
through Friday; and information describing the duties and respon-
sibilities of School Board Trustees will also be available.
(For full text, see report on file in the City Clerk's Office.)
Mr, Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 28945 permanently vacating,
discontinuing and closing a portion of the alley between Lots 26, 27
and 28, and Lots 2 and 3, Block 3, Woodland Park Addition, said alley
running parallel to and between Tazewell Avenue and Church Avenue,
S. E., having previously been before the Council for its first reading
on Monday, January 11, 1988, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#28945) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 444.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ........... 6.
NAYS: None ..........
(Vice-Mayor Musser was absent.)
STREETS AND ALLEYS: Ordinance No. 28946 permanently vacating,
discontinuing and closing a 15 foot wide alley extending northerly from
Marion Street for a distance of approximately 508 feet, more or less,
to Albemarle Avenue and the portion of Marion Street running easterly
from South Jefferson Street to the westerly boundary of the right-of-
way of U. S. Route 220, having previously been before the Council for
its first reading on Monday, January 11, 1988, read and adopted on its
first reading and laid over, was again before the body, Mr. Garland
offering the following for its second reading and final adoption:
(#28946) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 445.)
m
m
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the followin9 vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ......................................................... 6.
NAYS: None ....................
(Vice-Mayor Musser was absent.)
ZONING: Ordinance No. 28947 amending the Official 1976 Zoning
Map, to rezone certain parcels of land located on Memorial, Denniston,
and Westover Avenues, Winborne Street and Grandin Road, S. W,, from
C-2, General Commercial District, Lo CN, Neighborhood Commercial
District, having previously been before the Council for ils first
reading on Monday, January 11, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for ils second reading and final adoption:
(#28947) AN ORDINANCE to amend the Official 1976 Zonin9 Map, City
of Roanoke, Virginia, and the appropriate Sectional Sheet Maps, as pre-
viously amended, to rezone certain property in the Grandin Road Village
area to CN, Neighborhood Commercial District.
(For full text of Ordinance, see Ordinance Book No, 50, page 446.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Harvey and Mayor
Tayl or ....................................... 5.
NAYS: None-
.0.
(Vice-Mayor Musser was absent.) (Council member Garland abstained from
voting inasmuch as he is a joint owner of properly in the area.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE ~YOR AND MEMBERS OF COUNCIL:
SNOW REMOVAL-NUISANCES-DOWNTOWN ROANOKE, INC.: Council member
David A. Bowers presented a communication requesting that Council be
briefed on the following matters:
The bird nuisance problem in downtown Roanoke.
The City Manager's comments, along with any
explanations, regarding the recent snow removal
efforts by the City as a result of the storm which
occurred in Roanoke on January 7 and 8, 1988.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager orally advised that he welcomes the opportunity
to address the matter of the bird nuisance problem. He pointed out
that there are two separate problems, pidgeons and starlings, which are
not directly linked other than the fact that they tend to foul the
sidewalks, noting that the problem with pid§eons has been in existence
for the longest period of time. He stated that the City has called
upon the services of the United States Department of Agriculture,
Animal Disease Control, the State Department of 'Agriculture and any
person or entity who might offer a workable suggestion for alleviating
or solving the problmm.
Mr. Herbert explained that the City's goal has been to alter the
behavior of the birds in a humane way; that there has not been a suc-
cessful eradication program, however, there can be some impact on the
habitat of the birds by making it so distasteful that they will move to
another ~location. He said the public has not heard a great deal about
the City's control efforts because it was not desired to cause undue
alarm, advising that the problem exists in the downtown area as well as
certain residential areas of the City.
667
668
The City Manager COlnmented that the State Health Department has
not been willing, to date, to state that there is any type of health
problem associated with the bird droppings, whether it be the pidgeon
or the starling population, and therefore, certain extreme actions
which could be taken are not yet available to the City. He further
cc~mnented that Dr. E. J. Clarke, Jr., Director of the local Health
Department, has advised that it is not the bird feces that cause the
problem, but the piling up of the feces that creates a gas which is
breathed into the lungs, and then becomes a health hazard. He said Dr.
Clarke has indicated that because of the City's active cleaning
program, he does not see the problem rising to the point of a health
hazard.
With reference to residential sections of the City, Mr. Herbert
advised that there was a large population of starlings flocking in the
area of Brandon Avenue and Grandin Road, S. W., and after a number of
meetings with residents, the City conferred with a specialist who
offered a number of suggestions, one of which was to fire pyrotechnics
into the roosting area which was an attempt to disorient the birds and
cause them to move elsewhere, however, the procedure did not eliminate
the problem, in 1980, he said the City severely thinned the trees in
the southwest section of the City where bird probl~ns existed, advising
that the problem was not eliminated, but the bird population was
severely reduced to a tolerable level.
Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, [nc.,
appeared before Council and addressed attempts by downtown business
owners, in conjunction with the City, to address the bird population.
He advised that during the nine years he has been Executive Director of
Downtown Roanoke, he has never worked on a project that has been more
frustrating, noting that while there have been pidgeons in the downtown
area fr~n the beginning, the area was not joined by the starlings until
approximately 1980. He said basically the starlings winter roost
together by coming into the area in October or November, and find pla-
ces where they can keep warm until they pair off to mate in March or
April.
Mr. Hooper explained that when the problem first appeared in 1980,
Downtown Roanoke, [nc., commenced working with the City to coordinate a
new program with downtown building owners to apprise them of what they
could do to bird proof their buildings, advising that the only alter-
native available at that time was in the form of various types of che-
mical retardants which had very little success and the birds reappeared
in 1981. At that point, in conjunction with the City, he said Down-
town Roanoke, [nc., contacted the State Bird Control Specialist, and
during that season attention was focused on trying to disrupt the
roosting patterns of the birds by utilizing distress sound tapes played
over mobile loud speakers, however, that procedure did not address the
problem. He noted that in 1982, the procedure was repeated along with
coordinated efforts with the City and the State to introduce racket
bombs and flares which were shot from the roof tops of buildings during
evening rush hour traffic which temporarily disrupted the roosting pat-
terns but did not solve the problem. In 1983, he said Downtown Roanoke
continued to work with property owners and endeavored to expand their
education program by acting as a catalyst for dispensing information on
various building bird proofing techniques ranging from nets to spikes
on ledges to slanted window sills to various types of chemicals.
Mr. Hooper noted that in 1983, Downtown Roanoke investigated an
unusual approach when it was learned about the possibility of reintro-
ducing the Peregrine Falcon to the region, advising that the Peregrine
Falcon is an endangered species that feed on pidgeons and starlings,
and inasmuch as the City already has a ready made food supply and could
help an environmental effort, Downtown Roanoke, Inc., pursued that
approach. He said for the last four years Downtown Roanoke has been on
a waiting list for the Peregrine Falcon program whereby the City will
be provided with a group of young birds that will hatch in the area and
come back to roost. He explained that the goal at the present time is
to establish a Falcon roost for next sumner on a downtown building,
noting that it will be a risky and expensive program which could cost
up to $10,000,00 with no assurance that the Falcons will return the
first year of migration.
669
I
With reference to the pidgeon population, Mr. Hooper said Downtown
Roanoke worked with the City last fall on a baiting program that eli-
minated approximately ten per cent of tile pidgeon population, and it is
felt that over a period time there will be a great deal more success
with eliminating pidgeons.
The City Manager reviewed procedures which have been used to alle-
viate the roosting prob]em such as use of a substance known as Roost No
More which is expensive in terms of labor intensity to insure maxim~
effectiveness; wooden owls which have been p]aced in the public plaza
and on certain buildings out of site of the general public; the use of
nets on the front of buildings which, when properly anchored, do not
become dislodged; and the baiting program which is under the super-
vision of the State Department of Agriculture.
With reference to shooting the birds, Mr. Herbert stated that he
has been told that shooting has very little impact and that shooting is
done more for the disruption of the roosting pattern than for the
n~ber of birds that are killed.
In summary, the City Manager advised that the City has approxima-
tely a 20,000 starling population; that there is an active sidewalk
cleaning program in downtown Roanoke and citizens are strongly
encouraged to report locations where there is a heavy congregation of
birds. He said efforts need to exist in the area of locating the major
feeding sites and finding a method of disrupting the habitat and making
it more attractive for the birds to locate elsewhere.
With reference to snow removal efforts for the City as a result
of the snow which occurred on January 7 and 8, 1988, the City Manager
advised that he has received a number of questions concerning snow
removal, specifically on residential streets. He said in some cases,
City streets were not successfully cleaned or plowed, the reason being
that the vast majority of snows that impact the Roanoke area are wet
snows and temperatures are normally between 25 - 30 degrees; that the
snow the City began receiving on January ? around midnight was a dry
snow with temperatures as low as seven degrees and with temperatures
during the day ranging in the low teens; and it was not until Monday,
January 11, four days after the snow fell, that day temperatures rose
above the freezing level, with night temperatures remaining in the low
teens and below.
Mr. Herbert explained that City crews began working as soon as
the snow started to fall and, as usual, the first priority was given to
the 182 miles of major thoroughfare; and because of the dry type snow
and subfreezing temperatures, cleaning the majors thoroughfares, school
bus routes and Valley Metro routes took more time than usual.
The City Manager further explained that the City's problems are
not fully comparable with other localities in the area because of the
emphasis the City places on emergency routes; that by the time the City
started working on residential streets, vehicles had already passed
over the streets and the snow was hard, packed and frozen. In addition,
he pointed out that the chemicals the City uses do not work well in
temperatures below twenty degrees and the lower the temperature, the
less effective the chemicals become. Furthermore, he said the City uses
rubber tipped blades on the majority of its plows which are effective
in wet snows because they not only remove the snow but act as a squeegy
and clean the streets as they go, but in the unusually dry snow on
January ? & 8, the rubber blades were not effective on the streets that
were already packed with ice. He added that the State Department of
Highways, ~ich utilizes private contractors to clear their streets in
the County, use steel tipped blades because they typically do not have
to worry about hitting manholes and tearing up the pavement. He noted
that the City was also hampered by some impassable streets because cars
were parked on the streets and machinery could not maneuver down the
streets without damaging the vehicles, noting that residents are asked
to park off street, if possible, to assist in snow removal efl~orts.
67O
Mr. Herbert pointed out that all of the above conditions contri-
buted to a tedious process in r~noving the snow, particularly from
residential streets; that as the City received calls in the Public
Works Dispatch Office, units w~re sent to specific neighborhoods for
clean up work which met with varying levels of success as the cold tem-
peratures continued to maintain poor conditions. He noted that once the
snow became packed and frozen, it could not be plowed and chemicals had
little el~fect; that City staff is currently investigating the possibi-
lity of adding additional material to the chemicals to provide better
traction in such circunstances; and if the City used steel blades, it
would face the inevitable cost of equil~nent damage from running across
manhole covers, as well as potential injury to the equipment operator,
damage to the pavement, removal of pavement markings and potential
injury to the public.
The City Manager pointed out that on January 25, 1988, Council
will receive bids on six new snow plows, two chemical spreaders and an
additional four new trucks to replace certain trucks and equipment,
which were authorized pursuant to the ongoing equipment replacement
progrmn that Council made possible when it enacted the meals tax.
TRADE AND CONVENTION CENTER-EXPLORE PROJECT-LEGISLATION: Council
member David A. Bowers presented a communication advising that he was
astounded by the report in the Roanoke Times & World-News on Thursday
morning, January 14, 1988, that the General Assembly was considering an
appropriation of $100,000.00 for the trade center in downtown Roanoke,
and he was surprised by two matters; viz: first, that the comment was
made that the City's request for $250,000.00 was "pulled that figure
out of the air", advising that he would expect that the City Attorney,
as Council's liaison to the General Assembly, would see that the
request was substantiated with the appropriate figures and documen-
tation.
Secondly, Mr. Bowers said he was even more astounded with the
report that the funding from the Commonwealth would come through the
River Foundation or Explore, advising Council is on record requesting
that the money be paid directly to the City, and that the trade center
be built in downtown Roanoke. He questioned; if funds come through the
Explore/River Foundation, wil] Explore be able to decide to build the
trade center at the Explore site off of the Blue Ridge Parkway; that it
does not represent the views of Council, and he hopes that the City
Attorney, as Council's liaison, will ful]y inform local legislators of
Council's desires in the matter.
(For full text, see communication on file in the City Clerk's Office.)
The City Attorney advised that concern has been expressed with in
respect to the validity of the $250,000.00 figure which was requested
from the State through the General Assembly for the purpose of prelimi-
nary site selection and preliminary architectural and engineering stu-
dies for the proposed trade and convention center. He said the
$250,000.00 figure is a well considered figure, there is nothing
arbitrary about the figure and it is a well thought out figure when one
considers that the cost of the facility which is proposed to be built
is more than $20 million. He added that it would be agreed that the
su~ of $250,000.00 is a modest cost for architectural and engineering
work even of a preliminary nature; that the figure was provided to him
by the City Administration, there is docunentation to support the
figure, and he is prepared to defend it.
With reference to the preference of Council on funding and how it
should flow to the City, he said no one can say that Council has not
made its preference well known; that the City's Legislative Program was
explicit that any funding for the river channelization or trade and
convention center study should come directly to the City of Roanoke and
not through any other organization. He added that on December 7, at
the City's Legislative meeting, the point was made explicitly to the
City's legislators, who were all in attendance. He noted that Delegate
Woodrun has introduced two ~nendments to the state budget, one such
amendment would provide $100,000.00 for the use of the party that
contracted for the Laventhol and Horwath report, and the second amend-
ment would provide one million dollars for the sole use of the local
sponsor of a United States Army Corp of Engineers Flood Control Project
671
on the Roanoke River, and, in each case, the funds will be appropriated
to the Virginia Recreation Facilities Authority. He explained that the
Virginia Recreation Facilities Authority is a state agency, the members
of which are appointed by the Governor. He noted that in each case,
the language which has been suggested describes only the City of
Roanoke, and Delegate Woodr~n has assured him that the funds will be
paid directly through the Authority without any conditions attached,
however, there are conditions, they will be attached by the State and
not by the Authority. He stated that he does not have the printed fom
of the language available at this time and as soon as it is available
he will forward copy to Council for review and comment.
With reference to concerns which have been expressed that the City
might have been late in submitting its request to the General Assembly
in each case, Mr. Dibling explained that certain misunderstanding
exists. He called attention to a State Commission, known as the
Diamondstein Commission, which is studying funding for local trade and
convention centers as well as other matters, noting that in Decmnber
the Commission voted to request that the Governor extend the life of
the Commission for another twelve months. He explained that there is
no state program currently in place which provides for funding of local
trade and convention centers and no City has previously received this
type of funding. He said the City's first objective is to get the
progrmn in place and funded, and the City of Roanoke is probably a year
early in requesting funds.
As far as river channelization is concerned, the City Attorney
said he has been told by the City's experts that property acquisition
cannot commence until November or Decmnber of 1988, and, furthermore,
no construction can commence until the latter part of the fall of 1989,
and the City is again making its request to the General Assembly in the
earliest fashion.
OTHER HEARINGS OF CITIZENS: NONE.
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
term of Henry B. Boynton as a member of the Architectural Review Board
expired on October 1, 1987, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Henry B. Boynton.
There being no further nominations, Mr. Boynton was reelected as a
member of the Architectural Review Board for a term of four years
ending October 1, 1991, by the following vote:
ACTION: FOR MR. BOYNTON: Council members Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ........... 6.
(Vice-Mayor Musser was absent.)
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:30 p.m.
APPROVED
ATTEST: ~
City C! erk
672
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 25, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Fallon Park Elementary School Gymnatoritan, 502 19th Street, S. E., City of
Roanoke, on Monday, January 25, 1988, at 7:30 p.m., with Mayor Noel C, Taylor
presiding, pursuant to Rule 1, Regular Meeting_~, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979--~, as amended, and pursuant to
Resolution No. 28889, adopted by the Council on Monday, December 7, 198/.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A, Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ................... 7.
ABSENT: None ........................................................ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Clarence Tyree,
Associate Pastor, Staunton Avenue Church of God.
The Pledge of Allegiance to the Flag of the United States o1= America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Willimnson Road Storm Drain, Phase 2, Contract lIB, Middle
Segment and Williamson Road West Sanitary Sewer Project, said bids to
be received by the City Clerk until 4:30 p.m,, on Monday, January 25,
1988, and to be held, opened and read be1=ore the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening ol= the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Aaron J. Conner General Contractor,
[nc.
Ramey, Inc,
F. L. Showalter, Inc.
H. J. Schneider Construction, Inc.
Prillaman & Pace, [nc.
Laramore Construction Company, Inc.
Compton Construction Company, Inc.
$1,484,493.84
1,735,087.15
1,795,162.00
1,986,882.00
2,177,37/.40
2,192,269.70
2,421,538.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and reco~nendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, C_lla,i~nan, K~t B. Kiser and
William F. Clark as members of the committee.z~'' ~ · ,-~ m, ''~ %
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the fon~s l~sted on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
673
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Monday, January 4, 1988, and Monday, January 11, 1988, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None ............
ANNUAL REPORTS-HEALTH DEPARTMENT: The Ann ual Re port of the
Roanoke City Health Department for the year 1987, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................................. 7.
NAYS: None ................
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMUNITY CORRECTIONS PROGRAM, JUDICIAL BOARD: A communication
from the Honorable G. O. Clemens, Chairman, Court Community Corrections
Program, Judicial Board, advising that for the last several years the
Roanoke Valley Alcohol Safety Action Program, commonly referred to as
VASAP, together with several other similar and associated programs,
have been supervised and overseen by a Court Community Corrections
Program Judicial Board made up of Judges from the various communities
being served by the programs; that the Judges have decided to turn over
supervision of the programs to c(~munity leaders, and the Bylaws of the
program have been amended to replace the Judicial Board with a Policy
Board; that the Bylaws of the organization provide for the initial
Policy Board to be appointed by the Judicial Board for staggered terms,
the members to be from the jurisdictions served by the program; and
after expiration of the initial appointment, the subsequent appoint-
ments and selection of members shall be the responsibility of the
various governing bodies making up the area of service of the programs,
was before Council.
It was explained that the new Bylaws of the Policy Board call for
the Board to consist of nine members representing the jurisdictions
served by the programs; that Roanoke City, Roanoke County, Salem and
the Alleghany Highlands each are to have two representatives, and the
area of Botetourt and Craig Counties shall have one representative.
Judge Clemens advised that for the Roanoke City jurisdiction,
Beverly T. Fitzpatrick, Sr., and Gordon Shapiro have been appointed to
membership on the Policy Board, Mr. Fitzpatrick for a two year term and
Mr. Shapiro for a one year term, said appointments being for terms
ending December 31 of the respective years.
Judge Clemens requested, on behalf of the Judicial Board making
the initial appointments, that Council ratify and confirm the appoint-
ments and that the appointments be placed on standing agendas so that
the abovenamed persons or their replacements may be appointed or reap-
pointed at the appropriate time.
(For full text, see communication on file in the City Clerk's Office.)
674
ACTION:
ACTION:
Mr. Bowers moved that Council concur in the rec~nmendation of
Judge Clemons on behalf of the Court Community Corrections Program,
Judicial Board. The motion was seconded by Mr. Harvey and unanimously
adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $6,000.00 for the 1988
Western Virginia Regional Science Fair Progrmn, advising that school
districts will contribute toward tile cost of the fair, with a local
match of $1,600.00 from the Roanoke City Schools, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request, noting that the 1988 Regional Science Fair Program is
funded with $4,400.00 in contributions from other school districts and
$1,600.00 in local funds; that local funding is available in the
Instruction category of schoo] accounts in the General Fund, Account
No. 001-060-6002-6030-0309, Instructional Supplies; and recofmnending
that Council concur in the request, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following e~ergency budget Ordinance:
(#28959) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an energency.
(For full text of Ordinance, see Ordinance Book No. 50, page
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Tay]or ............ 7.
NAYS: None--
REPORTS OF OFFICERS:
C[TY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-JUVENILE DETENTION HOME (YOUTH HAVEN I): The City
Manager submitted a written report advising that the Juvenile Probation
House (Youth Haven I) is a department of the City under the Directorate
of Hu~an Resources; that operational expenses of the department are
funded through a block grant from the State Department of Corrections,
which funds approximately one hundred per cent of operational costs and
equipment and 66 2/3 per cent of salaries and wages; that the depart-
ment has been in operation since October 1, 1970, and houses twelve
adolescent boys who are placed by the Juvenile Court for supervised
care, treatment and counseling; and a major food service problem of
Youth Haven ! is as follows:
Two fifteen year old domestic refrigerators are in
poor condition and need replacing.
One additional refrigerator with commercial units
is needed to meet current food storage needs and
requirement s.
It was explained that reimbursement to the City' of Roanoke has
been granted under a special allotment of USDA funds received by the
State Department of Corrections from the United States Department of
Agriculture's National School Lunch, Breakfast, and Special Milk
Program; that on December 14, 1987, the State Department of Corrections
approved reimbursement for three new refrigerators not to exceed
$5,700.00; and bids were received on January 14, 1988.
675
ACT[ON:
ACTION:
The City Manager recommended that Council authorize the purchase of
three new refrigerator units frem Montgomery Green, for the total cost
of $5,664.00, which is one hundred per cent reimbursable by the State
Department of Corrections; and appropriate $5,664.00 to the Juvenile
Probation House budget, Account No. 001-050-3350-9015, to cover the
initial cost of equipnent purchase, and increase the revenue estimate,
Account No. 001-020-1234-0662, by the same mnount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the followin9 emergency budget Ordinance:
(#28960) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 454.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... 7.
NAYS: None- O.
Mr. Harvey offered the following emergency Ordinance:
(#28961) AN ORDINANCE accepting the bid of Montgomery Green made
to the City for furnishing and delivering three commercial refrigerator
units; rejecting all other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 454.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... 7.
NAYS: None .......... O.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the annual close-
outs or final invoices have been submitted by the Consortium for the
following fiscal year 1987 grants:
Veterans Program
Project Trade
Employment Services
Teen Parent
Title I[-A
It was further advised that the Governor's Employment and Training
Department has set aside funds, in the form of Coordination Grants, for
the purpose of increasing coordination and partnership between Service
Delivery Areas (such as the Consortium), and public, private, educa-
tional, employment and trainin9 agencies within the area served by the
Service Delivery Areas; that the Job Training Partnership Act legisla-
tion allows the Governor's Employment and Training Department to uti-
lize a portion of the Job Training Partnership Act funds to reward
Service Delivery Areas exceeding the Title [[-A performance standards;
that the City of Roanoke is the grant recipient for Consortium funding,
and Council must appropriate the funding for all grants the Consortium
receives.
It was explained that the fiscal year 1987 ConsorLiun appropria-
tions and revenues need to be adjusted to reflect final expenditures
reported to grantor agencies; that unexpended fiscal year 1987 Title
[I-A funding, in the amount of $230,629.00, was transferred by the
Governor's Employment and Training Department into the current fiscal
676
ACTION:
year; that the Consortiu, was awarded a Coordination Grant, in the
amount of $10,000.00 for the period September 1, 1987, through June 30,
1988; and the Governor's Employment and Training Department awarded the
Consortiun an Incentive Grant of $118,136.00 for exceeding fiscal year
1987 Performance Standards for Title II-A, and among the Performance
Standards achieved were:
Youth Entered Employment Rate of 53.57%
Adult Entered Employment Rate of 80.54%
Adult Average Wage of $5.04
Youth Average Wage of $3.83
941 Total Participants Served and 718 Terminated
(223 Carried over into this program year)
454 Participants Placed in Jobs
(304 of the 454 Participants Placed in Jobs, were
Roanoke City Residents - 67%.)
(655 or 70% of those served were also Roanoke City
residents.)
The City Manager recommended that Council appropriate the Consor-
ti~'s net funding adjustment of $86,913.64 and increase the revenue
estimate for $86,913.64 in accounts established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28962) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Consorti~n Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 455.)
Mr. Garland moved the adoption of the Ordinance. The motion klas
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................................... 7.
NAYS: None .............
PUBLIC ASSISTANCE: The City Manager submitted a written report
advising that the City Manager's Task Force on Homelessness studied the
homeless and low-income housing situation in Roanoke and presented
their findings and recommendations in a comprehensive report entitled,
"No Place To Call Home" in April, 1987; that the Task Force recommended
that emergency bed space be expanded to meet the demand for shelter and
that a day shelter for the City's homeless be established; and the City
Manager appointed a follow-up task force to evaluate how well the
report's recommendations are implemented and to recommend new activi-
ties based on future findings.
It was explained that Roanoke City accepted an Emergency Shelter
Grants Program entitlement of $26,000.00 on November 16, 1987, pursuant
to Resolution No. 288/2, allocated under the Stuart B. McKinney Home-
less Assistance Act, from the United States Department of Housing and
Urban Develol~nent to provide services to the homeless; that Council
appropriated the funds to an Emergency Shelter Resource Fund enabling
local non-profit organizations to apply for financial support to
improve the quality of shelter facilities; that the City invited appli-
cations frmn local agencies and publicly advertised for proposals to
assure that all interested organizations would have an opportunity to
submit their funding requests, with the deadline to submit applications
being December 1, 198/; and the City Manager requested the Follow-Up
Task Force on the Homeless to carefully review proposals submitted
within the designated timeframe and recommend the allocation of funds
to benefit the citizens of Roanoke.
The City Manager advised that Roanoke Area Ministries, Total
Action Against Poverty, TRUST and the Salvation Army submitted propo-
sals for funding through the Emergency Shelter Resource Fund; and
requests from four agencies totalled $60,500.00, as follows:
677
Roanoke Area Ministries requested $7,000.00 for RAM
House, a comprehensive day facility for the home-
less.
Total Action Against Poverty requested $26,000.00
for the renovation of a recently acquired building
to house a transitional living center.
TRUST requested $7,500.00 for the renovation of
existing facilities.
Salvation Army requested $20,000.00 for their home-
less housing program.
The City Manager advised that the Committee carefully studied each
proposal using the application requirements, federa] guidelines and
pre-determined criteria to recon~nend the allocation of the funds and
found all four agencies were eligible for funding after meeting appli-
cation requirmnents and federal guidelines; and the Follow-Up Task
Force on the Homeless submitted the following reco~mnendations to the
City Manager based on guide]ines and criteria, as follows:
$3,000.00 be allocated to Roanoke Area Ministries
for the RAM House Project for the purchase of food
for the day shelter.
$20,000.O0 be allocated to Total Action Against
Poverty for the transitional living center project
for renovations to the building.
$3,000.00 be allocated to the Salvation Army for
the homeless housing project designated as follows:
$2,100.00 for the payment of maintenance,
operation (including rent, excluding
staff), insurance, utilities and fur-
nishings.
$900.00 for the provision of essential
services concerned wi th employment,
health, substance abuse, education or
food.
The Committee did not recommend an allocation for
TRUST at this time because they will receive
funding of $9,465.00 from the Virginia Shelter
Grants Program, through the City of Roanoke, which
exceeds the amount requested from the Emergency
Shelter Resource Fund; however, TRUST should be
given high consideration for future funding as
monies become available.
The City Manager recommended that Council concur in the recommen-
dation submitted by the Follow-Up Task Force on the Homeless for the
allocation of Emergency Shelter Resource Funds, and authorize him to
execute subgrant agreements, as follows:
Allocate $20,000.00 to Total Action Against Poverty
for the renovation of the transitional living
center.
Allocate $3,000.00 to Roanoke Area Ministries for
the RAM House Project.
Allocate $3,000.00 to the Salvation Army for the
homeless housing project.
(For full text, see report on file in the City Clerk's Office.)
678
ACT [ON:
ACTION:
ACTION:
Mr. Harvey offered the following Resolution:
{#28963) A RESOLUTION concurring in the reco~)~endation of the
City Manager's Follow-up Task Force on Homeless as to the allocation of
Emergency Shelter Resource Funds, and authorizing the execution of the
subgrant agreements with Total Action Against Poverty, Roanoke Area
Ministries, and the Salvation Army to administer the funds.
(For full text of Resolution, see Resolution Book No. 50, page 456.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council mL~,bers Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....................... _ .....7.
NAYS: None .......
BUDGET-SNOW REMOVAL-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to the purchase of snow plows and hitches.
The Bid Committee recommended that Council accept the bid of MSt
Equipment, Inc., for eight new snow plows and four new snow plow
hitches, for the total cost of $15,030.00, and reject all other bids
submitted; and that $15,030.00 be transferred from the Capital
Maintenance and Equipment Replacement Program to Snow Removal Account
No. 001-052-4140-9015. '
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
{#28964) AN ORDINANCE to mnend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 457.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... -7.
NAYS: None .........
-0.
Mr. Musser offered the following emergency Ordinance:
{#28965) AN ORDINANCE providing for the purchase of eight (8) new
snow plows and four (4) new snow plow hitches for use by the City, upon
certain rems and conditions, by accepting a bid made to the City for
furnishing and delivering such equipment; and rejecting the other bids
made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 458.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ .-7.
NAYS: None ........ -0.
BUDGET-EQUIPMENT-PARKS AND PLAYGROUNDS: The City Manager sub-
mitted a written report concurring in a report of the Bid Committee
with reference to purchase of gang and rotary type mowers.
The Bid Committee recommended that Council accept the lowest bids,
as follows:
679
m
ACTION:
ACTION:
Three new rotary type mowers from Mountcastle Ford
Tractor Sales, Inc., for the total amount of
$5,949.00.
One new gang reel type mower with hydraulic lifts
from G. L. Cornel l Company, for the total ~ount of
Sg,2g5.00.
Reject all other bids.
Appropriate $15,244.00 from Capital Maintenance and
Equipnent Replac~nent Progrmn to Grounds Mainten-
ance, Account No. 001-050-4340-9015 to allow for
the above purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28966)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 458.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... -7.
NAYS: None ...........
-0.
Mrs. Bowles offered the following emergency Ordinance:
(#28967) AN ORDINANCE accepting bids for gang and rotary mowers;
rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 459.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ .---7.
NAYS: None ........
REPORTS OF COMMITTEES:
MUNICIPAL BUILDING (THIRD STREET ANNEX): Council member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for renovations to the Third Street Annex Building, pre-
sented a written report on behalf of the committee, transmitting the
fol lowing recommendations:
Award a lump sum contract to the low bidder,
Building Specialists, Inc., to perform all the Base
Bid work, in the amount of $174,950.00, with a
construction time of 180 consecutive calendar days.
Establish a project contingency, in the amount of
$18,050.00, for a total project construction cost
of $193,000.00.
Authorize appropriation and transfer of $193,000.00
from the following sources into a new capital
account to be established by the Director of
Finance for the subject project:
68O
ACTION:
ACTION:
ACT[ON:
Capital Projects Fund Account No.
008-002-9574-9003 .................... $ 125,000.00
Contingency - General Fund Account No.
001-002-9410-2201 .....................
68,000.00
Total $ 193,000.00
Reject all other bids received.
A report of the City Manager concurring in the recommendations of
the committee, was also before Council.
(For ful! text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28968) AN ORDINANCE to mnend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an energency.
(For ful! text of Ordinance, see Ordinance Book No. 50, page 460.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout, Trout and Mayor Taylor ................. -7.
NAYS: None ........
Mr. Garland offered the followin9 emergency Ordinance:
(#28969) AN ORDINANCE accepting the bid of Building Specialists,
Inc., for renovations to the Third Street Annex Building, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 460.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles Garland Harvey, Musser,
Trout and Mayor Taylor---~ .................. ' ..... ' ---7.
NAYS: None ........
.0.
UNFINISHED BUSi~SS: NONE.
iNTRODUCTiON AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE IcAYOR AND MEMBERS OF COUNCIL:
PARKS AND PLAYGROUNDS: Council member Trout advised that he has
received n~nerous telephone calls from parents who consider South
Roanoke Park to be a neighborhood park, noting that they are concerned
because their children are not allowed to play on the ball fields in
the sports complex when Lhe fields are not bein9 used for league play.
Mr. Trout requested that the City Manager investigate the matLer
of permitting children to play on the ball fields in the sports complex
when the fields are not being used for organized play.
OTHER HEARINGS OF CITIZENS:
681
COMPLAINTS: Mr. Edward R. Taylor, 2158 Woodland Road, S. E.,
appeared before Council and advised that for the past two and one-hall~
years, he has called City officials and complained with reference to a
neighbor who repeatedly collects various forms of rel~use in his front
yard, He said the condition of the property is an eye sore and causes
a devaluation of his property. He requested the assistance of Council
in correcting the situation, noting that the property in question is
located at 2606 Brookside Road, S. E.
ACT[ON:
Mr. Trout moved that the matter be referred to the City Manager
for investigation and report to Council. The motion was seconded by Mr.
Musser and unanimously adopted.
MISCELLANEOUS: Mr. Hillary A. Lantz, 1022 Murray Avenue, S. E.,
representing the Southeast Action Forum, appeared before Council
and expressed appreciation for conducting the Council'meeting in the
southeast quadrant of the City. He also expressed appreciation for
improvements in the southeast area. He urged that the citizens of
southeast become more actively involved in their neighborhood organiza-
tion and advised that meetings will be held on the second Tuesday of
each month, commencing in March at 1015 Jamison Avenue, S. E.
Mr. Lantz advised that Colonial-American National Bank, First
Federal Savings and Loan and Winn-Dixie have announced plans to leave
the southeast section. He requested the assistance of Council in
keeping businesses in southeast and also in attracting ne~v business to
the area.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee,
created by the resignation of Ted Ashby, for a term ending November 20,
1991, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Eric R. Spencer.
There being no further nominations, Mr. Spencer was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term ending November 20, 1991, by the following vote:
ACTION: FOR MR. SPENCER: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ....................................... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year term
of Gary J. Foutz as a member of the Citizens' Advisory Committee - City
Wide Park Study, expired on June 30, 198/, and called for nominations
to fill the vacancy.
Mr. Garland ~aced in nomination the name of Gary J. Foutz.
There being no further nominations, Mr. Foutz was reelected as a
member of the Citizens' Advisory Committee - City Wide Park Study, for
a term ending June 30, 1988, by the following vote:
ACTION: FOR MR. FOUTZ: Council members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylo.r ............. 7.
There being no further business, the Mayor declared the meeting
adjourned at 8:07 p.m.
ATTEST:
City C1 erk
APPROVED
682
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 1, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular ineeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 1, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke-
(1979), as amended.
PRESENT: Council members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor .................. ----7.
ABSENT: None ............
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D.
Grisso, Deputy Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Robert Ingram,
Pastor, Holiness Church of God.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
LIBRARIES: The City Manager introduced Ms. Beverly Bury, City
Librarian, who assumed her duties on Monday, February 1, 1988.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, conmlissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........ --7.
NAYS: None ........ O.
RADIO-TELEVISION: A communication front ~.'~ B. W.. Langhefm,',vice
President and General Manager, Cox Cable Roanoke, transmittinO a sum-
mary of Cox Cable Roanoke's status as of December 31, 1987 was before
Council. '
(For full text, see communication and summary on file in the City
Clerk's Office.)
683
ACTION:
ACTION:
ACT[ON:
Mr. Trout moved that the con~nunication and s~nmary be received and
filed. The motion was seconded by Mr. Garland and adopted by tile
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............. 7.
NAYS: None-
ARCHITECTURAL REVIEW BOARD: A report of qualification of Henry B.
Boynton as a member of the Architectural Review Board for a term ending
October 1, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................................
NAYS: None ............
Oe
PENDING LIST: A list of items pending from July 10, 1978, through
January 25, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............ 7.
NAYS: None ..... ---0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
EMERGENCY SERVICES: Dr. Carol M. Gilbert, Chairman, Emergency
Services Medical Services Advisory Co~ittee, appeared before Council
and presented the final report of the Committee, advising that a
strong, flexible, thoughtfully developed Emergency Medical Services
Program is essential to any community and is necessary for the well-
being of its citizens.
She explained that the Committee's current evaluation suggests
that the status of pre-hospital care in the City of Roanoke is fragile;
that it lacks sufficient reserves of personnel and management to meet
extraordinary demands; that there is no long term ~anning, career
orientation, or development; that although system components are pre-
sent, there is insufficient integration; and persons in the system are
dedicated and the manpower they provide is inefficiently managed.
Dr. Gilbert noted that the remedy to these problems will require:
1. Development of a lead agency.
integration of system elements (i.e., com~uni-
cations, personnel, equipment, agencies, etc.)
3. Continuing financial support by the City.
4. Annual review and report by the system to
identify needs and evaluate results.
5. Ongoing reevaluation of system performance
criteria.
684
ACT[ON:
A revised approach and renewed co~mniLment
to emergency medical and rescue services.
*The City should identify the degree to which
iL wishes Lo participate in the delivery of
this service and clearly commit itself to this
role. Failure to do so will lead to further
delays in system develo[~nent.
*Emphasis should be on integration of par-
ticipants for best resource utilization.
*Integration should permit individual organiza-
tions to retain their identity while iden-
tifying an ~brella agency (REMS in the
recom~nendation below).
*Further system development should be planned
on the basis of ongoing evaluation and
gathered information, rather than in reaction
to past events.
The Committee advised that implementation will require
following recommendations:
the
That Roanoke's historic commitment to a pri-
marily volunteer system of emergency medical
service be preserved by all means possible and
should be the basis for future operations.
That the provision of supplemental paid ALS
personnel provided by the City since
January 1, 1985, be continued for now, and the
program be strengthened by putting into effect
the recommendations in the February, 1987,
report of the committee.
That an integrated system be established to
coordinate the three di sparate enti ties
involved in the delivery of emergency medical
service - the two rescue squads and the City
of Roanoke - while preserving the individual
identities and volunteer nature of the crews.
Two level triage of calls through dispatching
should be implemented.
Private ambulance transportation enterprises
licensed to operate within the City of Roanoke
should be formal ly integrated into the
Emergency Medical Services Program, and their
participation should be a requirement of
1 icensure.
6, The City should actively support the develop-
ment of a broad base of basic first aid and
CPR capability.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr, Trout and unanimously adopted,
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
685
SCHOOLS-LEGISLATION: The City Manager advised that on January 20,
1988, he received a communication from the Superintendent of Schools
explaining that the Secretary of Education recently revealed figures
which showed, under the Governor's proposed biennium budget, that the
Roanoke City schools would receive an additional $2.8 million for the
next bienniu.~; however, it was estimated that the actual increase in
State aid would be less than $500,000.00 after adjustments are made for
state aid increases from fiscal years 1987-88 and 1989-90. He said the
increase in State aid is actually less than two per cent for fiscal
year 1989. He explained that on January 25, he received a fact sheet
which was compiled by the Director of Finance, the Superintendent of
Schools, and the Executive for Business Affairs in which it was pointed
out that State revenue numbers had dropped from $500,000.00 for the
first biennium to $11,000.00. He said he was alarmed to think that for
the first year of the bienni~, the City might, at a bare minimum, be
mandated by $2.9 million which would only meet minimum mandates, with
no funds included for new school programs or improvements.
Mr. Herbert further advised that on January 29, he received copy
of a letter from the Chairman of the School Board indicating that an
amendment which as announced on Thursday, January 28 would actually
shift the City's $11,000.00 into a loss of $1/5,000.00. He explained
that $2.9 million in mandates in the school's budget made by the
General Assembly is well in excess of all sources of revenue that the
Director of Finance believes the City will have by fiscal year 1988-89.
He said there are 12 - 20 localities that may be affected by the
funding formula, and called attention to an article which appeared in
the Richmond Times Dispatch on Sunday, January 31, 1988, entitled,
"Modern Math Brings Grumbles".
m
(For full text, see article on file in the City Clerk's Office.)
The City Manager stressed that he is not aware of any issue facing
the City that even comes close to the importance of what is being done
at the General Assembly with regard to State funding of education. He
said there are expenditure decisions being made in Richmond at this
time which are going to decide what expenditures need to be made for
public education in the Roanoke con~nunity. He explained that the
problem for Roanoke, as well as growing numbers of other communities,
is that there are serious revenue implications and unless the locali-
ties act, and act in a strong and uniform manner, the debate and
discussions will take place with the elected members of City Council.
He said the State's role in the past has been to provide approximately
50 per cent of the revenue, especially when there are mandated programs
which have been sent to the local governments, noting that it has been
a partnership role in which the State and the local governments have
provided funds.
m
In conclusion, the City Manager questioned the dramatic new way in
which the General Assembly does business with regard to education, the
end result being that City Council will be expected to make revenue
decisions based on expenditure decisions made by the General Assembly.
Dr. Frank P. Tota, Superintendent of Roanoke City Schools,
appeared before Council and advised that School officials were not
deluded by the Governor's original message of the $350,000,000.00 State
funds and very quickly discovered that it was not to the City's advan-
tage. He said from other parts of the State a momentum is building to
help the legislators understand what the funding formula means for
school divisions before the General Assembly takes action.
Dr. Tota explained that for the past several years, school offi-
cials have tried to make the point rather forcefully that the City has
been discriminated against as a City and that the funding formula of
the State worked against the City schools; that each year the City
loses wealth, and the number of disadvantaged youth has grown in the
last six years from 20 per cent to 40 per cent. He said philosophi-
cally, it is believed that the current movement by the State, which it
is not carrying out financially, begins to recognize that the City has
been discriminated against. As an example, he commented that the State
has advised the City school system that it does not employ sufficient
number of staff to meet the State accreditation requirements, which
means, in essence, that the City's system has been extremely efficient
686
over the past number of years. He said the State has advised that
while the City has had only 63 teachers per 1000 students, the system
will be mandated to have 64. In contrast, he stated that Roanoke
County has had 76 teachers per 1000 students, however the State now
advises that they need only 59. He said for years the City has known
that the County had 15 - 20 teachers more per 1000 students than the
City, and 15 - 20 teachers multiplied by 14,000 students points out
that Roanoke County has over 100 more support staff than Roanoke City.
Dr. Tota said the State is sending to the localities a list of
60 new or revised standards that the schools are expected to meet
whether or not they are funded by the State. He stated that if funds
are not received, the 60 additional standards can not be met. He said
it is important to realize that he is not talking about simply meeting
State mandates from the Finance Office, but al so meeting tile standards of
quality, noting that if the standards of quality are not met, the
system will not be accreditated and the City will lose the State basic
aid formula. With reference to teacher salary increases, he advised
that the Governor's budget calls for a 7.2 per cent increase each year
which is a 14.4 per cent increase over tile bienniu.~; that the school
system has been advised that it does not have to provide a raise this
year, however, they have been informed that they must give the teachers
the 14.4 per cent by the end of the bienniuu. He said he has been told
that guidance counsellors are not a mandate for next year, however, the
total amount required for guidance counsellors under the standards of
quality must be included by the second year.
Dr. Tota said the instructions that teacher salaries are not a
mandate, and the additional $1 million from the State is considered to
be incentive money is a penalty; that no one can cause him to believe
that if teachers are not given their salary increases according to the
Governor's budget that the City will not be penalized in different
ways. He explained that school divisions which have not met the
Governor's request in the past have been itemized on lists that have
been circulated around the State which are like a "black list", and
teachers know that the salary increases are not in place and the com-
munity knows that the money is not available to support education,
therefore, the physiological effects are astounding. Secondly, he said
the $1 million will not go to salaries; that the $1 million, which the
State refers to as incentive money, is basically a part of the State
aid formula and is intended to hire those staff members required by the
State under the accreditation standards such as nurses, guidance coun-
sellors (people of the support status); therefore, the State is not
sending money for increased teacher salaries, and the City needs more
than the $1 million. In clarification, Dr. Tota said the City has been
told that it does not have to give teacher salary increases, however,
if it does give the increases, it will receive $1 million for that
expressed purpose, noting that the $1 million is not for teacher
salaries, but it is built into the formula as basic State aid to help
meet the standards of quality which translates into increased staff.
He explained that the City is being told to upgrade from 63 to 64
teachers per 1000 students, therefore, there are no additional monies
under the formula that the City can use for teacher salary increases.
Dr. Tota noted that during his administration, Central Office cuts
have been approximately $500,000.00; that the system is not over
staffed with teachers according to a recent report; and, as a school
division, the City system is at the average in terms of student expen-
ditures, and significantly less than Roanoke County, Charlottesville
and Richmond. He said administrative costs are significantly below the
State average. He explained that there is no way for the system to
meet State mandates without a significant increase in State aid,
noting that there is no place to make decreases in the budget and still
be accreditated, and if the City is not an accreditated school divi-
sion, it will lose State basic aid and, therefor, not be a desirable
place to live relative to the quality of life.
Dr. Tota presented a handout containing specifics on the infor-
mation the school division has received, noting that his staff has been
very careful in analyzing the docenents and that all of the information
687
is not in hand at the present time. He pointed out that school offi-
cial s have attended numerous meetings wi th the Deputy State
Superintendent, the Virginia School Boards Association and with other
Superintendents to be certain that the infomnation shared with Council
is as accurate as possible. He said the infor~nation from Richmond
changes each week; that teachers are organized to go to Richmond, the
Central Council PTA is organized and has already scheduled meetings in
Richmond, and if the situation continues to deteriorate, Council will
be called upon for assistance.
Mr, Richard L. Kelley, Clerk of the Roanoke City School Board and
Executive of Business Affairs, advised that the primary reason for the
funding fonnula which was explained to school officials relates to
enrollment loss; that Roanoke City felJ into one of the 20 localities
which is classified as a "no loss" locality, "no loss" meaning that the
locality will receive the same amount of funds next year that the State
actually paid this fiscal year. He said in analyzing the formula, it
was compared to previous years, advising that the City's enrollment
loss for previous years was about the same size as that which is pro-
jected For next year; therefore, it is Felt that enrollment loss is not
one of the prime determinants, particularly from the standpoint that
the City has received anywhere from $1.1 to $1.4 million more in State
aid in previous years, even with an enrollment loss of 400 - 500 stu-
dents.
Mr. Kelley explained that in terms of the funding fomula, the
State foresets a cost Lo meet the standards of quality and this figure
is used as a basis for funding public education. He said this year and
last year the State used the standard cost sLaLewide of $2400.00 which
was applied to every school division, however, as a result of the
recent JLARC [[ Study, the SLate will no longer provide a statewide
cost, but individual standards of quality will be developed for each
school division which will be based supposedly on the respective cost
of each school division in meeting the State mandated standards of
qua1 i ry.
In the case of Roanoke City, Mr. Kelley pointed out that standards
of quality costs for next year are $2397.00, which is $3.00 less than
the standards of quality costs for which the City received State aid
during for the current fiscal year. He added that when cmnparing the
standards of quality of $2397.00 for next year to other localities, it
was found that the City's standards of quality costs are lower than
every county in the State except one small county in central Virginia,
and therefore, there are 98 counties which have higher standards of
quality costs which translates into higher State aid. He advised that
after comparing other cities, it was discovered that out of 43 cities,
Roanoke was the 24th lowest, calling attention to the fact that some of
the 43 are ~nall cities that do not have the same needs as Roanoke. He
stated that the City's standards of quality costs are low because of
its relative efficiencies in terms of support costs when compared to
other school divisions and, in a sense, Roanoke is being penalized for
being efficient inasmuch as the standards of quality costs are now
based on historical costs in the localities.
Mr. Kelley pointed out that the City's standards of quality costs
will have to include seven additional instructional positions over the
present year based upon State minimum mandates. Also, he noted that
health insurance costs are included next year for payment of health
insurance premiums for employees, which costs were not included this
year in the standards of quality; that costs for school nurses were not
included in the standards of quality for next year; that a portion of
pupil transportation costs have been included in the standards of
quality; and the cost of providing a 7.2 per cent teacher salary
increase which is approximately $2.1 million of additional money. He
added that the State is mandating that the City must provide free
lunches for teachers at a cost of approximately $82,000.00, and the
State claims it is providing approximately $50,000.00 toward that cost.
He said the SLate claims it is providing funds for vocational educa-
tion, but in actuality, it is providing approximately $5,000.00 less
next year than the City received tllis fiscal year. [n special educa-
tion, he said the City will receive approximately the same amount of
funds next year as it received this year. For remedial education, he
explained that the City will receive approximately $82,000.00 less next
688
year than it received this year; that pupil transportation is an area
in which the State says it is providing more funds, but, in actuality,
it is providing less, and it has been found that the City will lose
$205,000.00 next year in State money compared to pupil transportation
funding received this fiscal year; that fringe benefits from the State
have declined by about $250,000.00 next year and the reason given by
the State is that some of the fringe benefit costs have been shifted
into health insurance, however, health insurance has been shifted into
standards of quality costs where there is a $3.00 decrease in standards
of quality costs for Roanoke City for next year. He stressed that
funds appropriated for Roanoke City next year at the State level will
actually be $175,000.00 less than what was appropriated this fiscal
year due to enrollment loss.
In conclusion, Mr. Kelley advised that the major reason Roanoke is
not receiving its fair share of funding is the fact that the system has
been relatively efficient, and the City's standards of quality costs
have actually declined by $3.00 from the current year compared to next
year based on State computations.
HOUSING: The City Manager submitted a written report advising
that the City's housing initiatives have had two primary objectives:
To encourage and provide for safe and healthy
shelter for its citizens, and
To strengthen the fabric and image of the City
and its neighborhoods for continued stability
and viability.
It was explained that a City-wide Housing Rehabilitation Task
Force was established in 1979 to consider the best means of assuring
that the City has a safe and adequate supply of housing for its current
and future residents, and the Task Force produced its action plan in
1980; and results of the Task Force are, in part, as follows:
Established the objective of reducing sub-
standard housing units from 2,000 to 1,000 by
1985. The City presently has approximately
1,200 such seriously substandard units.
Created Private Rehabilitation Loan Program, a
partnership between the Housing Authority, the
City and local lenders, to sell tax exempt
bonds to provide low-interest purchase/rehab
loans for homebuyers.
Recommended adoption of a model Property
Maintenance Code which would address the level
at which existing housing must be maintained.
The Code was subsequently adopted by Council
and has resulted in the improvement of many
substandard units by their owners.
Recommlended a Tax Exemption Program for reha-
bilitation work. This program, offering a
five-year tax exemption on the increased value
of a structure due to rehabilitation, was
adopted by Council.
Housing programs designed to encourage rehabi-
litation and neighborhood revita]ization acti-
vities have improved almost 400 houses in the
last three years at an investment of $5
million.
The City Manager advised that in the seven years since the pre-
vious Task Force issued its report, major changes have taken place in
the national and local economy, in federal programs and funding levels,
and in public attitude, priorities and perceptions about housing, such
as:
689
Number of new housing units bein9 added each year
has declined steadily from 6500 new units in the
1970's to 2300 thus far in the 1980's.
Federal subsidies for housing have been cut dra-
matically.
Real estate market is very different now from what
it was in 1980, i.e.: new financing fomats such
as adjustable rate mortgages, uncertain interest
rates (16-18% in 1982-83), and slow appreciation of
property values.
Task Force on Homelessness found that Roanoke has a
growing number of homeless and persons at risk of
bec~ni ng homel ess.
A growing awareness of the importance of housing is
taking place at all levels of government.
It was further advised that these changes necessitate a recon-
sideration of housing policies, objectives and programs which will
serve to guide the City's housing activities through the rest of the
1980's and into the 1990's; that Roanoke Vision calls for development
of a joint public/private housing strategy plan; that the City Manager
has directed that a new Housing Development Strategy be prepared and
has appointed a Task Force to prepare such a plan; that the Task Force
will be asked to develop a recommendation regarding housing concerns
such as, availability of affordable housing, homeownership oppor-
tunities, safe rental housing, enhanced property values and community
aesthetics, etc.:
The City's general policy and role
Goals and objectives to be pursued
Methods (programs and actions) to attain objectives
Scheduling (priorities, phasing, program/project
sched ul ing)
Financing approaches (resources, budgeting)
Organizational arrangements
in conclusion, the City Manager advised that the end result of the
Task Force will be an action plan covering approximately a five-year
time span recommending policies, goals, and objectives; and an attach-
ment to the report describes in detail the purpose of the plan, the
role of the Task Force, the members on the Task Force and the schedule
for the study.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Bowers moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and unanimously adopted.
ACTION: The Mayor appointed Council members David A. Bowers and James G.
Harvey, ii, as Council's representatives on the Task Force.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSiNG-PUBLIC ASSISTANCE-TOTAL ACTION AGAINST POVERTY-
BUDGET: The City Manager submitted a written report advising
that the City Manager's Task Force On Homelessness studied the homeless
and low-income housing situation in Roanoke and presented its findings
and recommendations in a comprehensive report entitled, No Place To
Call Home, in April 19B/; that the Task Force recommended that
emergency bed space be expanded to meet the demand for shelter and that
these facilities meet health and safety codes; that Total Action
Against Poverty, Inc., (TAP) proposes to open a Transitional Living
Center that would provide 100 additional shelter beds for the homeless;
and Virginia Shelter Grants Program (VSGP) II funds were made available
in December, 1987, to localities to assist service providers with the
rehabilitation of existing structures to meet building code standards
for emergency shelter space.
690
ACTION:
ACTION:
ACTION:
It was explained that VSGP guidelines require that the grant reci-
pient must be a local governing body; that TAP has a project that is
ready to go and has expressed a need for the grant funds; and the City
of Roanoke has been selected to receive a grant award of $25,O00.00 for
the purpose of providing funds for the project.
The City Manager recommended that he be authorized Lo accept a
grant award of $25,000.00 from the Virginia Department of Housing and
Community Development under the Virginia Shelter Grants Program and
that he also be authorized to execute a subgrant agreement with TAP;
that $25,000.00 be appropriated to Grant Fund Accounts Lo be
established by the Director of Finance; and that a revenue estimate of
$25,000.00 be established in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#28970) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 461.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor-- 7.
NAYS: None ......... O.
Mr. Trout offered the following Resolution:
(#28971) A RESOLUTION authorizing the acceptance of a grant from
the Department of Housing and Community Development (DHCD) through the
Virginia Shelter Grants Program (VSGP) II, and authorizing the execu-
tion of a subgrant agreement with Total Action Against Poverty, Inc.
(TAP), for the administration and use of the funds.
(For full text of Resolution, see Resolution Book No. 50, page 462.)
Mr. Trout moved the adoption of the Resolution. lhe motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................ 7.
NAYS: None ............... O.
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to bids for three new low profile tractors.
The Bid Committee recommended that Council accept the lowest bid
meeting specifications submitted by Mountcastle Ford Tractor Sales,
Inc., in the total amount of $34,257.00, and reject all other bids; and
that $34,257.00 be transferred from the Capital Maintenance and
Equipment Re~acement Program to Grounds Maintenance, Account No.
001-050-4340-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#28972) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 462.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....................................... 7.
NAYS: None .....................................................
Mr. Bowers offered the following emergency Ordinance:
(#28973) AN ORDINANCE providing for the purchase of three new low
profile tractors for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; rejecting other bids made to the City; and
providing for an emer§ency.
(For full text of Ordinance, see Ordinance Book No. 50, page 463.)
Mr. Bowers moved the adoption of the Ordinance. lhe motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council mr. embers Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............... 7.
NAYS: None .....................
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
purchase of station uniform shirts and trousers for the Fire Depart-
ment.
The Bid Committee recommended that Council accept the lowest bid
submitted by Kay Uniforms, in the total amount of $45,333.00 and reject
all other bids; and transfer $42,000.00 from Capital Maintenance and
Equipment Replacement Program to Fi re Department, Account No.
001-050-3213-2064.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28974)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 463.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .................... 7.
NAYS: None ........ O.
Mr. Musser offered the following emergency Ordinance:
(#28975) AN ORDINANCE accepting the bid of Kay Uniforms made to
the City for furnishing and delivering station unifom shirts and
trousers for the Fire Department; rejecting all other bids made to the
City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 464.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .......... 7.
NAYS: None ................ O.
REPORTS OF COMMITTEES:
691
692
ACTION:
SEWERS AND STORM DRAINS: Council member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee recommending that Council authorize the City
Manager to initiate and lead negotiations for expanding the joint use
sewerage facilities.
A staff report explained that the 1972 Sewage Treatment Contract
between the City and other Valley governments provided for the alloca-
tion of capacity in the then existing joint use facilities, and also
provided that the cost of new construction wuld be shared based on
future needed allocated capacities; that approaching limits on the
available capacities pr~npted the City, in coordination with other
Valley governments, to undertake the 201 Wastewater Facilities Plan
(Facilities Plan) study, which study was approved by Council by resolu-
tion dated June 8, 1987; and the Facilities Plan envisions expanding
the Sewage Treatment Plant, replacing the river and Tinker Creek
Interceptors and updating certain other equipment at a 1985 cost esti-
mate of $31,775.00.
It was further explained that the requested approval from the
State Water Control Board regarding the Facilities Plan has prompted a
letter requesting certain technical information and a schedule, and the
City will respond to the technical questions and provide a plan of
action; and the first step in developing a plan of action will be to
meet with the other Valley governments to obtain:
Commibnent on allocated capacities,
Negotiate for cost sharing, and
Negotiate an amendment to the 1972 Sewage Treatment
contracts..
The staff report pointed out that representatives of two of the
other Valley governments have recently expressed an interest in meeting
to discuss current capacity allocations in joint use interceptors which
are approaching the time when continued growth and development could be
adversely affected.
It was further pointed out that a meeting with affected local
governments needs to be scheduled and a negotiating team appointed to
consider the renovation and expansion needs for the Sewage Treatment
Plant and joint sewage interceptors, with subsequent recommendations
to be referred to Council for approval.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
Committee. The motion was seconded by Mr. Harvey and unanimously
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ANNEXATION-CONSOLIDATION-PUBLIC ASSISTANCE: Mr. Robert G. Jones,
632 2nd Street, S. W., appeared before Counci) and expressed support
for valley-wide consolidation.
Mr. Jones also addressed the matter of issuance of surplus com-
modities by the City, and suggested that eligible recipients be given a
voucher for redemption at an establishment of their choice.
693
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:10 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and al! members of the Council in attendance.
FLOODS: The Mayor advised that there is a vacancy on the Flood
Plain Committee created by the death of Gordon N. Dixon for a term
ending June 30, 1988, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Terry N. Grimes.
There being no further nominations, Mr. Grimes was elected as a
member of the Flood Plain Committee to fi!! the unexpired term of
Gordon N. Dixon, deceased, for a term ending June 30, 1988, by the
following vote:
ACTION: FOR MR. GRIMES: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ..............
LEAGUE OF OLDER AMERICANS: The Mayor advised that the two year
term of James D. Ritchie as the City's representative on the Advisory
Committee, League of Older Americans, will expire on February 28, 1988,
and called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of James D. Ritchie.
There being no further nominations, Mr. Ritchie was reelected as
the City's representative on the Advisory Committee, League of Older
Americans~ for a term of two years ending February 28, 1990, by the
following vote:
ACTION: FOR MR. RITCHIE: Council members Bowles, Garland, Harvey, Musser,
Trout, Bowers and Mayor Taylor ..........
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
City C1 erk
APPROVED
Mayor
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1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 8, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 8, 1988, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
_Meetings of Section 2-15, Rules of Procedure Code of the City of Roanoke
,
(1979), as amended.
PRESENT: Council members Robert A. Garland, James G. Harvey, 1[,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor .......
ABSENT: None ................................. O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ralph Brown,
Pastor, The Antioch Church.
Tile Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of existing comminutors with mechanical bar screens at
the Water Pollution Control Facility, said bids to be received by the
City Clerk until 4:30 p.m., on Monday, February 8, 1986, and to be
held, opened and read before the Council at 7:30 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
ALTERNATE NO. I
Structures & Utilities Co., Inc.
Acorn Construction, Ltd.
W. C. English, Inc.
$549,900.00
595,647.00
691,000.00
ALTERNATE NO. 2
$510,500.00
569,667.00
645,000.00
Mr. Harvey moved that the bids be referred to a comittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 8, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Dormark
Construction, Inc., that a tract of land containing .22 acre, more or
less, located at 1019 Hanover Avenue, N. W., described as the eastern
one-half of Lots 11 and 12, B)ock 12, Map of Melrose Land Company,
Official Tax No. 2120111, be rezoned from RM-1, Residential Multi-
Family, Low Density District, to RM-2, Residential Multi-Family, Medlb~
Density District, subject to certain proffered conditions, the matter
was before the body.
2
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 22, 1988, and Friday, January 29, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the proposed rezoning is to permit the rehabilitation of an existing
structure to contain four apartment units, recommending that the
request be approved, and noting that in discussing the motion, the
Commission felt that a three-family residential structure would better
conform with the residential character of the neighborhood north of
Hanover Avenue and would result in higher quality units, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(~28976) AN ORDINANCE to amend §36.1-3, Code of the City pf
Roanoke (1979), as amended, and Sheet No. 212, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 468.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ . .............
NAYS: None .........
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, and the disposition of publicly held property.
MINUTES: Minutes of the regular meeting of Council held on
Monday, January 19, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Tayior ......... . .... 7.
NAYS: None ..........
TRAFFIC: A status report of the City Manager with regard to the
Peters Creek Road extension, was before Council.
The City Manager advised that Peters Creek Road Extension has been
in the City's Transportation Plan for nearly 25 years; that the 2.3
mile long, preliminary alignment connects two primary highways (Route
460 - Melrose Avenue, N. W., and Route 11 - Brandon Avenue, N. W.);
that the new highway would create a four lane divided highway (16 feet
wide raised median); that the Virginia Department of Transportation
(VDOT) has programmed the project in its Six-Year Improvement Program
(at the City's request); and the preliminary cost estimate is
$16,570,000.00 (for engineering, right-of-way, and construction), and
of this total, $4,879,000.00 has already been funded in the VDOT high-
way allocations through and including the current fiscal year.
m
ACTION:
It was explained that the purpose of tile project is to provide for
the efficient and rapid movement of traffic between the north and south
ends of the western half of the City; that it will provide the only
crossing of the Roanoke River and Norfolk Southern Railway between
Route 419 and Shaffer's Crossin§, and it will greatly improve access to
and from the Blue Ridge Industrial Park.
The City Manager transmitted the following current information on
the project:
Public Infor~nation Meeting was held on Wednesday,
July 29, 1987, at Fairview Elementary School to
provide the public with information on the project,
as well as to receive comments and concerns from
those affected by the project. Three alternatives
were available for review (see map attached to City
Manager's report).
Council discussion, at its August 10, 1987, regular
meeting, centered around the high cost of the pro-
ject versus the possible need to move ahead on
other highway projects which may be of similar
urgency. Council also discussed the issue of how
the project could effect the Greater Deyerle neigh-
borhood based upon the conceptual road alignments
which were being considered by the VDOT at that
time.
VDOT, based upon comments received from the public,
has proceeded with the environmental analysis of
the three alternatives. A location public hearing
later this year will make the VDOT's findings
available. VDOT will also entertain other
questions, comments, and suggestions, regarding
these and any other suugested roadway alignments at
the hearing. Target date for starting construction
is early to mid-1992.
Meeting was held on December 13, 1987, between
Greater Deyerle Neighborhood Association represen-
tatives and City staff to review traffic impact
that the three alternative routes could have on
their neighborhood. While traffic volumes would
increase on Deyerle Road, Mud Lick Road, and Keagy
Road as a result of Peters Creek Road Extension,
the n~ber of vehicles should still be within each
roadway's acceptable traffic carrying capacity,
The possibility of another alignment was raised by
the neighborhood represe~ltatives. This alternative
would align the southern end of Peters Creek Road
Extension with existing Keagy Road, thereby pro-
viding a direct connection to Route 419.
VDOT has agreed to look at the new alternative
(noted as Alternative "4" on the map attached to
the City Manager's report) to determine if it is
viable. The evaluation will require approximately
two to three months to complete.
City Administration, following the VDOT's review,
will be in a better position to recommend a pre-
ferred alignment to City Council for its con°
sideration and endorsement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None ........ --0.
4
ACT[ON:
ACT[ON:
ACT[ON:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant Lo Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and c~nmitLees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The ,notion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... -7.
NAYS: None ..............
PLANNING: A report of qualification of John R. Marlles as a
member of the Fifth Planning District Commission to fill the unexpired
term of David N. Woodbury, deceased, ending June 30, 1988, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ......... --7.
NAYS: None .......
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the disposition of publicly held property, pursuant
to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... --7.
NAYS: None ...........
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $18,936.00 of the anticipated pro-
ceeds from the capital bond referendum approved in November, 1987,
advising that the funds will be used to install fire suppression equip-
ment in nine elementary school kitchens and William Fleming High
School; and further requesting the transfer of $8,640.00 from the
Schools' share of the Capital Equipment Reserve, said funds to be used
for the replacement of an overage gasoline tanker truck, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28977) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 465.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles, and Mayor Taylor .... -7.
NAYS: None ............. -0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SCHOOLS: The City Manager advised that because of the importance
of the proposed State mandates on educational funding, which is pre-
sently being considered by the General Assembly, he felt it would be
appropriate to provide Council with a first person briefing on what has
been accomplished during the past week. He noted that there has been
wide press coverage, and called upon the City Attorney, Council's
liaison on legislative matters, for an update.
The City Attorney advised that he was pleased to report on the
various activities in which the City has been engaged in an effort to
bring to the attention of the entire General Assembly the plight of a
number of the Commonwealths' school divisions if the General Assembly
enacts the educational funding formula that is currently being pro-
posed. He said he called Council's attention to what was considered to
be a crisis for the City of Roanoke in his letter under date of
January 25, 1988, and, thereafter, a meeting was scheduled in Richmond
on Tuesday, February 2, in which he attended along with the Mayor, the
City Manager, the Director of Finance, the Superintendent of Schools
and the School's Assistant Superintendent for Business Affairs on
behalf of the City Council and the school division. He stated that
also present were Senator Macfarlane, Delegates Cranwell, Thomas,
Woodrum, Agee and Wilson. He explained that the City's representatives
expressed, in no uncertain terms, the plight of the City of Roanoke and
other surrounding jurisdictions; that the City's delegates were very
sympathetic, and it was arranged that the School's Assistant Superin-
tendent for Business Affairs would meet with the finance represen-
tatives from the Joint Legislative Audit and Revenue Commission that
afternoon, at which time they were assured that data would be made
available to Mr. Kelley so that the precise impact on the City's school
division could be analyzed. He advised that regrettably, after
spending some three hours with the State's finance people, Mr. Kelley
was not provided with the necessary data.
Mr. Dibling stated that on Wednesday, February 3, he met with
Senator Macfarlane and Oelegates Thomas and Woodrum and, again
expressed in explicit terms; the crisis that will be faced by the City
of Roanoke should the educational funding formula be adopted. He noted
that he also met with other legislative liaisons from cities, counties
and towns throughout the Conm~onwealth, and he was surprised to hear
many of them raising the same questions that the City has already
raised. He pointed out that City officials and School officials have
taken a position of leadership in bringing to the attention of other
localities precisely what may be occuring to them, noting that our
School division was one of the first to pick up on and bring to the
attention of other divisions the many problems they will face with the
new funding formula.
6
Mr. Dibling said on Tuesday, February 2, a large public meeting
was held in Wytheville which was attended by most of the Superinten-
dents from southwest Virginia, and, at that time, a resolution was
adopted, witl~ four no votes, which objected very strenuously to the
proposed formula; that on February 5, he again corresponded with the
City's )egislators in which he, in explicit terms, provided data with
respect to the financial impact on tile City of Roanoke if the new for-
mula is adopted.
The City Attorney advised that on the afternoon of February 8, the
School's Assistant Superintendent for Business Affairs will be
testifying before the House Appropriations Committee with regard to an
amendment that has been introduced by Delegate A. Victor Thomas which
would freeze the enrollment of the City of Roanoke school system at the
enrollment levels for this fiscal year, and those enrollment levels
would prevail throughout the biennium. He said there will still be a
crisis even i f Delegate Thomas' amendment is adopted, al though the City
is supportive of the amendment because it will provide some mitigating
effect s.
On February 9, the City Attorney said the PTA's will be in
Richmond advocating the cause of the City school system, and they have
been fully briefed on the issue and will be prepared to make a good
case on the City's behalf. He added that on Wednesday, February 10,
Superintendent Tota will meet with Secretary.Finley, and the Council
will be in Richmond on Thursday, February 11, for the Virginia Munici-
pal League Legislative Day.
Mr. Dibling explained that what is happening is that the State is
attempting to adopt changes in the educational funding formula which
are of historic proportions, and it was only around January 22 or 23
that the various school divisions of the Commonwealth began to be aware
of what was occuring. He said it is very unusal for the State to make
an epic change of this nature without thoroughly studying the matter;
that he is hopeful that some action by the City's legislators, in con-
cert with legislators throughout the Commonwealth, can do something
that will restore the funding which is needed. He added that one
alternative would be to return to the old formula with the new funds
that have been provided, however, City staff is not prepared to say
what the effect would be because they have not been provided with all
of the data by the State.
The City Attorney said it is hoped that if a groundswell develops
from fellow cities, towns and counties throughout the State, there
could possibly be an alternative that would result in restoration of
fiscal sanity for the City school division.
The City Manager advised that during the past week he has talked
with representatives of urban cities and counties throughout Virginia,
and the consensus is that the school funding formula is not fair, and
to try to amend or fix it in some way may be unrealistic. He said
there is considerable discussion when meetings are held with the
Secretary of Education that the formula is not cast in concrete, and
the State would be receptive to certain amendments; however, Mr.
Herbert pointed out that if amendments are made, it will pit one city
against another, and attention will be focused on cities and counties
and not on the issue, which is the formula itself. He said he has
talked with no one during the past week who seems to be any worse off
than the City of Roanoke, and many cities who thought they were going
to do well under the formula now consider it to be intolerable.
Mr. Herbert advised that cities, counties and towns are attempting
to set a caucus on Thursday, February 11, during the session of the
Virginia Municipal League Legislative Day which will include Mayors,
Council members, Managers, legislative leaders and School Superinten-
dents, to formulate a consolidated position, and, more importantly,
a recommendation that the cities, counties and towns wi)l forward to
their legislative delegations. He pointed out that at the present
time, legislative delegations are asking the localities for their
recommended solutions, and the general consensus is that the localities
need to come up with an actual recommendation. He said at the less
formal staff meeting on February 11, the consensus of cities, counties
and towns will be decided in sufficient time to inform the more formal
session of the Virginia Municpal League at its meeting to be held that
afternoon.
ACT[ON:
7
The City Manager explained that many budget officers around the
State are just now raising the questions that the City raised approxi-
mately ten days ago, and they are now beginnin9 to translate the
funding formula and mandates for their Managers, Councils, Boards and
School Boards.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the NPDES Pemit is the means by which the
Virginia Water Pollution Control Board regulates what is discharged
into receiving streams from point sources; that point sources are
sewage treatment plants, industrial treatment plants or other sources
of pollution discharging from a given point; and permit modifications
have been proposed by the Virginia Water Pollution Control Board as
follows: '
Dechlorination requirements - remove chlorine after
disinfection.
Toxic Management Program - performs indepth analy-
sis on 129 EPA priority pollutants.
Pretreatment Program Requirements - regulate indus-
trial discharges.
Seasonal adjustment of TKN (nitrogen) limits -
relax nitrogen limits during winter months.
It was noted that thirty days have been given by the Virginia
Pollution Control Board beginning January 25, 1988, which time period
-allows for comments to be submitted to the Board by the City of
Roanoke, and no comments are proposed at this time.
(For full text, see report on file in the City Clerk's Office.)
The City Manager explained that the proposed modifications will
place increased capital and operating cost burdens on the Sewage Treat-
ment Plant, however, the TKN limit relaxation is needed.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers'and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
EQUIPMENT-JAIL: The City Manager submitted a written report
advising that on November 9, 1987, Council approved a Capital
Maintenance and Equipment Replacement Program; that Council designated
funds, in the Capital Maintenance and Equipment Replacement Program, to
replace the security gate at the jail; and Council's approval is
required for single purchases, which cost exceed $10,000.00 as stated
in the Code of the City of Roanoke (1979), as amended, Chapter 23.1
Procurement. '
It was explained that competitive bids were received; that the low
bid submitted by the Dock Doctor took exceptions in the proper gear
speed; that the low bid meeting specifications was submitted by The
Door Doctor, in the amount of $6,140.00; and appropriation of funds by
Council is necesssary to provide for the purchase of the security gate.
The City Manager recommended that Council appropriate $6,140.00
from Capital Maintenance and Equipment Replacement Program to Jail,
Account No. 001-024-3310-9015, to provide sufficient funds for the
purchase.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#289/8) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 465.)
8
ACT[ON:
ACT[ON:
ACT[ON:
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the follo~ting vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ................
NAYS: None--
BUDGET-EQUIPMENT-SNOU REMOVAL-PUBLIC WORKS: The City Manager sub-
mitted a written report concurring in a report of the Bid Committee
with reference to the purchase of new ice control spreaders.
The Bid Committee recommended that Council accept the lowest bid,
with exceptions, submitted by Richmond Machinery and Equipnent Company,
Inc., for the total cost of $14,089.00, and reject all other bids
received; and transfer $14,089.00 from Capital Maintenance and
Equipment Replacement Program to Snow and Ice Removal, Account No.
001-052-4140-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28979) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 466.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ...... .-7.
NAYS: None ......
Mr. Garland offered the following emergency Ordinance:
(#28980) AN ORDINANCE providing for the purchase of four (4) new
ice control spreaders for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and rejecting the other bids made to the City;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 467.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ -7.
NAYS: None .......
.0.
TRADE AND CONVENT[ON CENTER: The City Manager and the Director of
Finance submitted a joint written report advising that on January 4,
1988, Council requested that the City Manager and the Director of
Finance make recommendations on how to pursue location, financing and
operations with regard to the Trade and Convention Center, and,
further, to report on a time frame for review.
They advised that given both the complexity and the potential
opportunity facing the City of Roanoke on the issues, it is their
recommendation that any analysis of these areas should include the pri-
vate sector; that there is a wealth of energy, talent and expertise in
the private sector, and, if brought to bear on this project could
result in the best solutions. '
Messrs. Herbert and Schlanger recommended the following:
That the City Manager appoint a committee made
up of private citizens with Council members
and City staff to pursue the feasibility of
the Trade and Convention Center.
m
ACTION:
9
2e
That the Con~ittee would report to Council
during the month of August 1988.
That the Committee would be divided into the
following four subcommittees:
Location - This subcommittee would
make a recommendation on a site(s).
Finance - This group would identify
and work towards implementation on
all potential funding sources.
Building Program and Operations -
This group would make a recommen-
dation on size, mix, quality of a
facility as well as parking and any
ancillary or surrounding develop-
ments which might enhance the econo-
mic benefits of the project· They
would also look at the administra-
tion of the operation of the facili-
ty; who and how, public or privately
run, and questions such as booking
policies, and operations of profit
centers.
5
do
Marketing - This subcommittee ;vould
develop marketing strategies and
impl ementation procedures·
The charge of the committee is to make rec~n-
mendations to City Council in these four areas
and with Council approval, test the prac-
ticality of implementation of the recommen-
dations.
0
Funding is required for the items listed
below:
be
architectural and engineering fees
for design concepts·
project cost estimates.
Ce
operational strategies·
training and development.
bond attorneys and financial advi-
sors.
It was explained that it is important that Council and the public
understand what will be delivered at the end of this six month time
period; that there will be interim recommendations on all of the above
subjects, as well as the testing of their feasibility; and they will
not necessarily be in a position on August 1, 1988, to present a plan
that Council can proceed on i~mediately, but one that the City can pur-
sue during the next several months or years, depending upon financing
The City Manager and the Director of Finance advised that indivi-
duals on the Committee will be people who have specific skills and/or
expertise which will allow the City to test the feasibility of all its
options.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that Council concur in the recommendation.
motion was seconded by Mr. Harvey and unanimously adopted.
The
10
LEGISLATION-HOUSING: The City Manager submitted a written report
advising that the Virginia Housing Study Commission was reactivated by
the General Assembly in 1987 to study housing issues and needs across
the Commonwealth of Virginia; that the Commission issued its report to
the Governor and the General Assembly in January; that among its major
reco~nendations was the establishment of the "Virginia Housing Partner-
ship Fund" to assist the financing of various housing programs around
tile State; that pursuant to the Commonweal th's recom~nendations,
Governor Baliles included in his budget to the General Assembly in
January, $45 million for various "Housing Initiatives" over the next
two years; that of this $45 million, $10 million would come from funds
paid to the Commonwealth due to oil overcharges in the past, and the
r~naining $35 million is proposed to come frmn tax revenue,
It was explained that uses of the State funds are proposed to
i ncl ude:
Low interest loans for improvement of 1800
units of low income rental property ($18
mil i ion)
Loans for construction of 850 new homes and
apartments for low income families ($8.5
mi)lion)
Winterization and plumbing grants or loans to
1200 low income homeowners ($12 million)
170 additional shelter beds or units for the
homeless ($2 million)
Seed money for establishment of or assistance
to 20 local non-profit housing organizations
($675,000.00)
Low interest or deferred paymant loans to
create 300 additional spaces in limited care
facilities for the elderly and disabled ($2.25
million)
®
Grants for emergency repairs to 1000 homes of
elderly or disabled persons ($500,000.00)
Low interest loans and grants for 100 housing
units for migrant farm workers ($500,000.00)
The City Manager advised that federal funding of various housing
programs has declined dramatically since 1980; that Virginia receives
approximately $112 million less each year for housing than in 1980;
that more active involvement by the State in housing would lessen the
effect of federal reduction of support; and the General Assembly, which
is considering the Governor's budget request, needs to know the posi-
tion of the City on this issue.
The City Manager recommended that Council adopt and forward a
resolution to the General Assembly supporting funding for the housing
initiatives recommended by the Governor.
Effect on housing opportunities and conditions in
Roanoke would be positive, although it is unclear
at this time how the funds are to be administered
if appropriated. Roanoke is likely to get signifi-
cant funds to supplement its housing development
and rehabilitation activities. The n~nber of sub-
standard housing units and the affordability of
decent housing in Roanoke would be improved.
m
m
ACTION:
Cost to the City may include matching funds in
order to get a portion of the Virginia funds. Such
matching funds could be paid from the City's
Community Development B)o'ck Grant allocation; how-
ever, to the extent that housing stock is improved
in Roanoke, the City's tax-base would also be in-
c rea sed.
Timing is such that resolution from City Council
must be forwarded to the General Assembly imme-
diately. Various subcommittees of both houses of
the General Assembly are meeting the week of
February 8 to examine the budget proposals.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#28981) A RESOLUTION urging appropriation of the Virginia
Housing Partnership Fund moneys as recommended by Governor Baliles in
the Commonwealth's 1988-90 Biennial Budget.
(For full text of Resolution, see Resolution Book No. 50, page 467.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ...... _ ...... 7.
NAYS: None ..............
Oe
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ANNEXATION-MISCELLANEOUS: Council member Trout advised that City
staff is presently studying several areas of the City in the neighbor-.
hood program which coincides with Roanoke Vision, and it is his under-
standing that the staff plans to study a total of four areas. He said
it would be advantageous to study one of the annexed areas instead of
concentrating on established neighborhoods which have been in existence
for some time, in order to determine what has been done to improve the
area. He said he was referring to the area bounded by Lee Highway and
Route 419, and the Grandin Road area, which residents volunteered to be
citizens of the City of Roanoke.
OTHER HEARINGS OF CITIZENS:
PARKS AND PLAYGROUNDS-PUBLIC ASSISTANCE: Mr. Robert G. Jones, 632
2nd Street, S. W., appeared before Council and suggested that the City
run a cable car up and down Mill Mountain. He also suggested, in lieu
of issuing food stamps to qualified recipients, that the City issue
some type of verification which would allow the recipients to eat at an
establishment of their choice.
At 8:40 p.m., the Mayor declared the meeting in recess.
At 9:25 p.m., the meeting reconvened in the Council Chamber with
all members of Council in attendance, and Mayor Taylor presiding.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that there is a
vacancy on the Citizens' Services Committee created by the resignation
of Charles W. Walker for a term ending June 30, 1988, and called for
nominations to fill the vacancy.
11
Mr. Musser placed in nomination the name of Alphonso McCain,
There being no further nominations, Mr, McCain was elected as a
member of the Citizens' Services Committee for a term ending June 30,
1988, by the following vote:
ACTION: FOR MR. MCCAIN: Council members Garland, Harvey, Musser, Trout,
Bowers, Bowles and Mayor Taylor--- 7.
There being no further business, the Mayor declared the meeting
adjourned at 9:30 p.m.
APPROVED
ATTEST:
'~ ~k~C~ty C{erk
13
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 16, lg88
2: O0 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 16, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James G. Harvey, II, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor. 7.
ABSENT: None---
.0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Kenneth K.
Patrick, Pastor, West End United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SIDEWALKS, CURB AND GUTTER: Pursuant to notice of advertisement
for bids for construction of new concrete sidewalks, entrances, curb
and gutter, Bond Issue - Phase III, said bids to be received by the
City Clerk until 1:30 p.m., on Tuesday, February 16, 1988, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
L. H. Sawyer Paving Company, [nc.
H & S Construction Company
$361,554.00
394,647.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
PLANNING (FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORT[U~-I):
Pursuant to notice of advertisement for bids for alterations and addi-
tions to the Knights of Pythias Building for the Fifth District
Employment and Training Consorti~ and Employment Services, said bids
to be received by the City Clerk until 1:30 p.m., on Tuesday, February
16, 1988, and to be held, opened and read before the Council at 2:00
p.m., on that date, or as soon thereafter as the matter may be heard,
the Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
14
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Construction Services of Roanoke,
Inc.
Building Specialists, Inc.
Breake11, Inc.
$128,000.00
134,450.00
139,700.00
Mr. Harvey moved that the bids be referred to a cofm~ittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACT[ON:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and wilJ be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that itmn wilJ be r~noved from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, com~issions and
c~nmittees appointed by Council, a contractual matter, and an addi-
tional personnel matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, January 25, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... -7.
NAYS: None ........
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relatin9 to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... .-7.
NAYS: None ........
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Eric R. Spencer as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 20, 1991 was before
Council. '
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
15
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None .........
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss the terms and conditions of a contract under nego-
tiation, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the terms and con-
ditions of a contract under negotiation, pursuant to Section 2.1-344
(a) (6), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None .......................................
-0.
COUNCIL: An oral request of Vice-Mayor Howard E. Musser for an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
Mr. Trout moved that Counci] concur in the request of Vice-Mayor
Musser to convene in Executive Session to discuss a personnel matter,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... -7.
NAYS: None--
-0.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY EMPLOYEES-PENSIONS: A communication from Mr. Melvin E.
Matthews, President, Roanoke City Retirees Association, requesting that
Ordinance No. 28641 adopted by Council on Monday, May 11, 1987,
granting a three per cent l~np sum payment to retirees on July 1, 1988,
be amended to provide for a per centage increase instead of a lump sun
increase, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey moved that the request be referred to 1988-89 budget
study and that the City Manager and the Director of Finance be
requested to report to Council with regard to the financia) impact on
the retirement system. The motion was seconded by Mr. Trout and unani-
mously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
16
INDUSTRIES-STATE HIGHWAYS: The City Manager submitted a written
report advising that the City of Roanoke owns approximately 20 acres of
land zoned Light Manufacturing in the northeast part of the City
located off of Berkley Road; that the land has appeared in all of the
Roanoke City Economic Develol~nent Commission's master plans as a piece
of property that the City should market for industrial purposes; and
the Commonwealth Transportation Board adopted a policy on December 18,
1986, to govern the use of industrial access funds pursuant to Section
33.1-221, Code of Virginia, 1950, as amended.
It was explained that guidelines for industrial access funds are:
$300,000.00 in funding from the State for an accep-
table industry whose value of construction is
$3,000,000.00. No matching funds are required for
this first $300,000.00.
$150,000.00 in additional funding can be made
available for an additional $3,000,000.00 in value
of construction, and provided a dollar for dol)ar
match up to $150,000.00 is also provided.
It was further explained that other guidelines for industrial
access include:
City to provide adequate right-of-way and bear cost
of same.
City to adjust any existing utilities which might
be affected by the project and bear cost of same.
City to maintain roadway after completion.
Mr. Herbert pointed out that a 90 day option has been exercised by
Tultex Corporation on approximately 10.3 acres of land, being an as yet
unsubdivided portion of Official Tax No. 7050107, in the site that the
City owns off of Berkley Road; that Tultex intends to build an approxi-
mately 50,000 square foot facility which would initially employ 200
people, and is expected to eventually employ in excess of 400 people;
that access to the site via a new roadway is desired and could be
constructed using an estimated $200,000.00 in industrial access road
funds, based upon preliminary cost estimates; that this amount is also
the maximum amount that can be requested since it is equal to ten per
cent of Tu)tex's anticipated capital outlay of $2,000,000.00; and items
not eligible for reimbursement by the State, including right-of-way
acquisition and utility adjustments, would be funded from proceeds from
the sale of land and capital fund interest.
The City Manager recommended that he be authorized to file an
application with the Virginia Department of Transportation for
Industrial Access Road funds up to $200,000.00 for road extension to
Tultex; and assure the Conmionwealth Transportation Board that the City
will, if such project is approved, provide adequate right-of-way, pro-
vide for adjustment of any utilities affected by construction, and pro-
vide future maintenance of the roadway through other funding sources.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#28982) AN ORDINANCE authorizing the City Manager to file an
application with the Virginia Department of Transportation for up to
$200,000.00 in Industrial Access Road Funds to provide industrial
access by construction of a new roadway to serve a new industrial pro-
ject in the City; setting out the need therefor; making provision for
furnishing the necessary right-of-way therefor and for the adjustment
of utilities; assuring that the City will maintain said new roadway;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 469.)
17
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ........ --6.
NAYS: None---
(Council member Trou, t was out of the Council Chamber.)
BUDGET-HOUSING-GRANTS: The City Manager submitted a written
report advising that Council approved the Community Development Block
Grant (CDBG) funded Private Loan Subsidy Program on April 13, 1987,
pursuant to Resolution No. 28604 to assist low and moderate income
families to purchase and rehabilitate homes in the City; and Council
authorized a contract between the City and the Roanoke Redevelopment
and Housing Authority on June 22, 1987, pursuant to Ordinance No.
28700, which delegates the responsibility of administering the Program
to the Housing Authority.
It was explained that Council appropriated $50,000.00 CDBG funds
to the 1987-88 Private Loan Subsidy Program; that the Housing
Authority has five approvable applications from low income families for
loans totalling $115,400.00, which would need grant subsidies in the
amount of $38,972.00 in order to make the monthly payments affordable
to the applicants; and funds remaining in this year's budget for the
Loan Subsidy Program total $965.00, making a shortfall of $38,007.00 if
the loans were approved.
ACTION:
ACTION:
The City Manager recommended that Council authorize the Director
of Finance to transfer $38,007.00 from Critical Home Repair, Account
No. 035-08/-8720-5101, to Private Loan Subsidy, Account No. 035-087-
8720-5113; and also authorize the City Manager to execute an amendment
to the contract between the City and the Roanoke Redevelopment and
Housing Authority to allow for a shift in program appropriations.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28983) AN ORDINANCE to amend and reordain certain sections of
the 198/-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 470.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ............... 6.
NAYS: None ........
(Council member Trout was out of the Council Chamber.)
Mrs. Bowies offered the following emergency Ordinance:
.0.
(For full text of Ordinance, see Ordinance Book No. 50, page 470.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ........ .6.
NAYS: None ........
Oe
(Council member Trout was out of the Council Chamber.)
(#28984) AN ORDINANCE authorizing execution of an Amendment to
the current Contract for Services with the City of Roanoke Redevelop-
ment and Housing Authority providing for a shift in funding of certain
projects currently being administered by the Authority, upon certain
terms and conditions; and providing for an emergency.
18
ACTION:
ACTION:
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to the purchase of a new air compressor for the Building Maintenance
Department.
The Bid Committee reco~mnended that Council accept the lowest bid
submitted by Star Equipment Corporation, in the total amount of
$16,931,00, and reject all other bids received; and that Council
appropriate $16,931.00 from Capital Maintenance and Equipment Replace-
ment Program to Building Maintenance Department, Account No. 001-052-
4330-9015, to provide sufficient funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28985)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 471.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ .7.
NAYS: None ......
.0.
Mr. Garland offered the following emergency Ordinance:
(#28986) AN ORDINANCE providing for the purchase of one (1) new
air compressor for use by the City, upon certain terms and conditions,
by accepting a bid made to the City for furnishing and delivering such
equipment; and rejecting the other bids made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 471.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by tile following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None .........
BUDGET-EQUIPMENT-UTILITIES: The City Manager submitted a written
report concurring in a report of the Bid Committee with reference to
the purchase of a new dump truck cab, chassis, and d~p body.
The Bid Committee recommended that Council accept the lowest bids,
as follows:
One new dump truck cab/chassis, including delivery
cost and performance bond, from Johnson Interna-
tional Trucks, for the total amount of $32,819.04.
One new ten ton dump body to be mounted on above
cab/chassis, from Roanoke Welding, for the total
amount of $5,805.00.
Reject all other bids.
Appropriate $38,624.04 from Internal Service
Retained Earnings to Utility Line Services, Account
No. 006-056-2625-9010.
(For full text, see reports on file in the City Clerk's Office.)
19
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#28987) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
(For fuli text of Ordinance, see Ordinance Book No. 50, page 472.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor .... 6.
NAYS: None ...................................
(Council member Bowers abstained ,~rom voting.)
Mr. Garland offered the followlno ~m...crge~cy Or(li.~.ance:
(#28988) AN ORDINANCE accepting bids for a new d~np truck cab,
chassis and d~np body, rejecting other bids; and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 473.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor ....... 6.
NAYS: None .........
(Council member Bowers abstained from voting.)
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to the purchase of one new rubber tired loader.
The Bid Committee recommended that Council accept the lowest bid
submitted by Baker Brothers, Inc., in the total amount, including per-
formance bond, spare bucket, wheels and tires, of $61,262.00, and
reject al! other bids received; and that Council appropriate $61,262.00
from Internal Services Retained Earnings to Utility Line Services,
Account No. 006-056-2625-9015, to provide sufficient funds for the
purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28989) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
ACT[ON:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 473.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ........ -7.
NAYS: None ........
Mrs. Bowles offered the following ~nergency Ordinance:
(#28990) AN ORDINANCE accepting a bid for one new rubber tired
loader, rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 474.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
20
ACTION:
ACTION:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...........................
NAYS: None ................. O.
TRAFFIC-PUBLIC WORKS: The City Manager submitted a written report
concurring in a report of the Bid Committee with reference to the
purchase of traffic paint.
The Bid Committee reco~mended that Counci] accept the lowest bid
submitted by Baltimore Paint & Chemical Company, a Division of Sherwin-
Williams Company, for 6,130 gallons of traffic paint, for the total
cost of $2/,469.10; and that the other bid be ,'ejected.
(For full text, see reports on fi]e in the City Clerk's Office.)
Mr. Musser offered the roi]owing emergency Ordinance:
(#28991) AN ORDINANCE providing for the purchase of traffic paint
for use by the City, upon certain terms and conditions, by accepting a
bid made to the City for furnishing and delivering such equipment; and
rejecting the other bid made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 475.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None .........
DIRECTOR OF FINANCE:
CiTY EMPLOYEES-PENSIONS: The Director of Finance submitted a
written report advising that the City of Roanoke has participated in
the ICMA Retirement Corporation's Deferred Compensation Program since
1978; that since that time over 250 City employees have contributed up
to $4 million to the Plan; and the organizational structure of the Plan
has been modified to set up the [CMA Retirement Trust to more properly
handle the assets of the fund.
Mr. Schlanger transmitted a resolution which would allow the City
of Roanoke to participate in the organizational structure of the
ICMA-RC which is designed to give public employers in the Plan ultimate
control over the management of the funds; that each public employer
would have the opportunity to nominate members and vote for a group of
nine trustees; and the nomination and election process gives the par-
ticipating employers a direct relationship with functions such as per-
formance, appointment of auditors, and the monitoring of investment
goals and objectives.
The Director of Finance highly recommended approval of the above
referenced resol ution.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#28992) AN ORDINANCE relating to deferring compensation of offi-
cers and employees of the City to the deferred compensation plan of the
ICMA Retirement Corporation; authorizing the Director of Finance to
execute a Declaration of Trust of the ICMA Retirement Trust; and pro-
viding that the Director of Finance shall be the coordinator for the
iCMA Deferred Compensation Program.
(For full text of Ordinance, see Ordinance Book No. 50, page 478.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
21
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................... 7.
NAYS: None ........ O.
CITY ATTORNEY:
DELINQUENT TAXES: The City Attorney submitted a written report
with regard to collection of debts owed the City of Roanoke, advising
that his office has made the collection of debts owed the City a high
priority; that his office is working to provide full legal support to
the staffs of the Office of Billings and Collections, Treasurer's
Office and other City offices involved in debt collection; that every
effort is being made, through the effective use of available legal
options, to more agressively minimize the City's loss of money from
delinquent accounts; and these initiatives, in a relatively short
period of time, have increased the City's recoveries, and by continuing
the vigorous debt collection process, the City will see its delinquent
accounts diminished substantially in the near future.
It was explained that collection strategies used or to be used to
collect the debts owed the City include demand letters, debtor inter-
rogatories, garnishment of wages and bank accounts, lawsuits in General
District and Circuit Courts, attorney appearances at Section 341 credi-
tors' meetings in the United States Bankruptcy Court, levies on per-
sonal property, and delinquent tax sales. It was further explained
that recently his office collected a delinquent meals tax debt in
excess of $3,000.00; that to avoid appearing in court for debtor inter-
rogatories on January 22, 1988, several debtors paid their delinquent
accounts in full; that two estates of debtors recently paid in excess
of $500.00 for previously uncollectible delinquent personal property
taxes of the deceased; that his office was successful in collecting
delinquent meals tax in the amount of $910.58 from a local restaurant
presently in Chapter 11 bankruptcy and $1,163.07 for an outstanding
demolition debt; and his office is assisting the Treasurer's Office and
the Office of Billings and Collections in preparation of a delinquent
real estate tax list to be published in the local newspaper in the very
near future.
The City Attorney advised that the vigorous debt collection
efforts now being pursued by his office were made possible by Council's
approval of one additional professional staff position; and
Katherine Howe Jones, who was appointed Assistant City Attorney on
October 12, 1987, has been assigned the responsibility of leading the
office's debt collection efforts.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for Williamson Road Stom Drain, Phase 2, Contract II-B, and
Williamson Road West Sanitary Sewer (Middle Segment), presented a writ-
ten report on behalf of the committee, recommending the following:
Authorize the award of a unit price contract to
Aaron J. Conner, General Contractor, Inc., in the
amount of $1,484,493.84, in a form acceptable to
the City Attorney.
Authorize the establishment of a ten per cent con-
tingency fund for the project, in the amount of
$148,449.38.
Appropriate the sum of $429,006.88 from the Sewer
Fund, Previous Years' Retained Earnings to a new
project account to be designated by the Director of
Finance.
22
ACTION:
ACT[ON:
ACTION:
Authorize the Director of Finance to transfer the
s~m of $1,203,936.35 from the 1985 Series Public
Improvement Bonds, Storm Drain Category, Account
No. 008-052-95/7-91/6, to a new project account to
be designated by the Director of Finance. The com-
bined appropriated funds and transfer funds shall
be $1,632,943.22 including $1,484,493.84 contract
amount and $148,449.38 contingency.
Reject all other bids received.
The City Manager submitted a written report concurring in the
recommendations of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(~28993) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Capital and Sewage Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 475.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... -7.
NAYS: None .............. O.
Mr. Garland offered the following emergency Ordinance:
(#28994) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for construction of Williamson Road Storm
Drain, Phase 2, Contract II-B, and Williamson Road West Sanitary Sewer
(Middle Segment), upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 476.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ....... 7.
NAYS: None ..........
Oe
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 28976 rezoning a tract of land containing
.22 acre, more or less, located at 1019 Hanover Avenue, N. W.,
described as the eastern one-half of Lots 11 and 12, Block 12, Map of
Melrose Land Company, Official Tax No. 2120111, from RM-1, Residential
Multi-Family, Low Density District, to RM-2, Residential Multi-Family,
Median Density District, having previously been before the Council for
its first reading on Monday, February 8, 1988, read and adopted on its
first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#28976) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 212, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 468.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
ACTION:
AYES: Council members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Tay!or ........... ---7.
NAYS: None ....................................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-MUSEUMS-PARKS AND PLAYGROUNDS: Council member James O.
Trout presented a communication from Mr. Eugene M. Elliott, Jr.,
President, Virginia Muse~n of Transportation, Inc., requesting an
annual appropriation of $75,000.00 for the next three years from the
City of Roanoke.
it was explained that the Virginia Museum of Transportation is
known as one of the top five transportation museums in the United
States; that as such it is the principal tourist attraction located in
the City of Roanoke which can and does attract tourists from all over
the United States and abroad; that the Museum is now gaining recogni-
tion for its educational programming; that every third grader in the
Roanoke City School system participates in educational programming at
the Museum as a part of his or her curriculum; and recently, David
Weitzman, a nationally known educator in the field of engineering and
technical education, recognized the Muse~n as doing the best job of any
of the transportation museums in the country in tems of educating the
visitors and students who go through the Museum.
It was noted that the Museum was originally established by the
City of Roanoke to preserve its heritage and deep roots in the trans-
portation industry; that as the non-profit charitable organization
invited to be the successor to the City in the operation of the Museum,
it is felt that a special relationship exists because the City still
owns 42 per cent of the exhibits, and currently, the Museum is not
receiving financial support from the City.
It was indicated that the Muse~n needs the support of all Valley
governments for its operational budget in order to continue to be a
vital part of the community; that because of its special relationship
with the City of Roanoke, it is making the first request to the City;
that the other Valley governments will ask what is being done by the
City before they will consider the request; that they are the official
transportation muse~n of the Commonwealth of Virginia, and last year
the State funded the Muse~n with $100,000.00 of operating funds; that
this year they have gone back to the legislature with funding requests,
and while the reception has been good, one of the first questions they
are asked is, what sort of help is the City of Roanoke providing, and
the City's help is needed to assure the continuation of State funds.
Mr. Elliott pointed out that in the past two years, since the
flood of 1985 which devastated the Museun's collection, they have come
a long way; that with the support of the City, and others, they will
continue to make significant contributions to the education of young
and old alike; and their potential to be a major force in the tourism
industry for the City, Valley and State is only limited by the finan-
cial support necessary to make their goal a reality.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to 1988-89
budget study, and to the City Manager for study, report and recommen-
dation relative to a contribution of funds to the Virginia Transporta-
tion Museum prior to consideration of the request in budget study. The
motion was seconded by Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:30 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
except Mr. Bowers who left the meeting during the Executive Session at
3:05 p.m.
23
24
ACTION:
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is
a vacancy on the Roanoke Neighborhood Partnership Steering Committee
created by the resignation of Charles R. Minter, and called for nomi-
nations to fil| the vacancy.
Mrs. Bowles placed in nomination the name of Ora B. McColman.
There being no further nominations, Ms. McColman was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term ending November 21, 1990, by the following vote:
FOR MS. MCCOLMAN: Council members Harvey, Musser, Trout, Bowles,
Garland and Mayor Taylor .............................. 6.
(Council member Bowers was absent.)
CITY EMPLOYEES-PENSIONS: Mr. Musser offered the following
emergency Ordinance providing for certain disability or death benefits
or both for certain Council-appointed officers:
(#28995) AN ORDINANCE providing for certain disability or death
benefits or both for certain Council-appointed officers; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 477.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Harvey, Musser, Trout, Bowles, Garland and
Mayor Taylor ............ -6.
NAYS: None--
(Council member Bowers was absent.)
SCHOOLS-COUNCIL-LEGISLATION: Mr. Harvey moved that Council hold a
special meeting on Wednesday, February 17, 1988, at 3:00 p.m., in the
Council Chamber, for the purpose of discussing a serious financial con-
dition relative to school funding and such action that the General
Assembly may or may not take. The motion was seconded by Mr. Trout and
adopted.
There being no further business, the r~yor declared the meeting
adjourned at 5:30 p.m.
APPROVED
ATTEST:
Mayor
SPECIAL SESSION --- ROANOKE CITY COUNCIL
February 17, 1988
3:00 p.m.
The Council of the City of Roanoke inet in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Wednesday, February 17, 1988, at 3:00 p.m., with
Mayor Noel C. Taylor presiding, pursuant to Section 10, Meetings of Council, of
the Roanoke City Charter, and pursuant to motion of Council unanimously adopted
at a regular ineeting on Tuesday, February 16, 1988.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ........ ---7.
ABSENT: None ..........
Oe
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the special meeting was called for the pur-
pose of discussing a serious financial condition relative to school
funding and such action as the General Assembly may or may not take.
SCHOOLS: The Mayor advised that he has served on Council since
1970 and this meeting represents the first time in his experience that
Council has had to come together so early in the year to discuss a
serious situation relative to a crisis in terms of school funding by
the State. He called attention to Council members and administrative
officials who took a courageous stand and tried to do the right thing,
with encouragement by citizens of Roanoke, when a prepared food tax was
adopted. He said it was thought that revenue from the tax would see
the City safely through, at least during this budget period, only to be
suddenly awakened when it was learned of the proposed State budget and
mandates relating to the City's school division. He stated that the
purpose of the special meeting was to endeavor to solicit the support
of City residents on a matter that could be a very important period and
experience in the life of the City of Roanoke.
The City Manager advised that it has been said that the shape of
the future is forged by the strength of the present. He reviewed
publicly the steps Council has taken to shape the future of the City a.s
a result of strong local leadership and efforts during the past year.
Mr. Herbert pointed out that at this time last year citizens in
the community were discussing the quality of life for the City, and the
quality of local government services; that Council held a public
hearing at the Roanoke Civic Center, and at the hearing there was over-
whelming support expressed by the citizens relative to the quality of
governmental services, public school renovations, continuing solutions
for neighborhood storm drainage problems; street paving; equipment
replacement; and those things that are necessary to make the City of
Roanoke competitive with other communities. He said the public made it
known that they felt the above issues were important, and they sup-
ported the proposed prepared food tax to provide the necessary funds.
He added that it would be an understatement to say that last year was a
tough budget for City Council.
The City Manager said that in the summer of 1987 Council adopted a
capital improvements program which authorized a $10 million bond sale,
and submitted the question to public referend~n in November 1987; that
the referendm was passed by an overwhelming majority of City voters,
which action authorized the Director of Finance to sell bonds after
July 1, 1988. He stressed that Council made the hard decisions that
placed the Roanoke City Government on a sound business footing for the
immediate future.
Mr. Herbert advised that what has changed since the 1987-88 budget
was adopted is: unfunded State education mandates. He said the
problem is the Commonwealth of Virginia has presented a State education
budget that would require $2.5 to $3 million of local education expen-
ditures, and the State is sending only $11,000.00 to pay the City to
fund those expenditures, advising that there are simply too few dollars
if the mandates are to be retained. He added that the mandates effect
accreditation of the City's school system, the local School Board and,
ultimately, local City Councils must implement those mandates. For
example: he said if the State were to say, in order for schools to be
accredited, the locality must institute the mandated programs and the
cost of the programs is approximately $3 million, and the State sends
the locality only $11,000.00, that scenario would represent a de facto
tax increase.
The City Nanager advised that Roanoke is not alone inasmuch as the
problem is statewide; and everyone is a loser; however, the question
is - how much are they losing. He said the citizens do not believe
that the Commonwealth of Virginia will d~np a $3 million decision in
the laps of Roanoke citizens; that the citizens do not believe that the
Commonwealth will derail the progress of City Council relative to the
question of the quality of services offered by the City of Roanoke. He
stated that the funding formula is not fair, and part of the problem is
that the citizens do not believe the formula will be forced on the
locality. He noted that if the inequity is not corrected, local School
Boards and City Councils will be faced with the dilemma of decreasing
or eliminating local programs, services, and personnel or seeking
significant increases in local taxes. He said the City has been
standing shoulder to shoulder on the issue with the schools, adding
that citizen will be pitted against citizen, and if the Commonwealth
does not deal with the issue, City Council will ultimately be placed on
the "hot seat".
The City Manager explained that the current situation is a long-
term problem, but more important is the change in funding and the atti-
tude of the State about passing down State mandated programs to local
government. He said Council is faced with either raising revenues or
cutting programs, and called attention to such items as equipment
replacement, maintenance of capital assets, a paving program, the bond
issue presently facing the City for the Williamson Road storm drainage
project, elementary school renovations, curb, gutter and sidewalks,
storm drains, neighborhood parks and highway construction projects,
etc. He said the problem with using the revenue from the prepared food
and alcoholic beverage tax from State mandated programs is that the
above |rems are ongoing, and other needs will surface.
Mr. Herbert said the citizens are not going to understand if
refuse collection is not running snoothly, or if the City has anti-
quated school buses because tl~e State fell short of its funding to the
City of Roanoke, and, therefore, the City had to make hard choices. He
said the citizens will expect service delivery, maintenance ol~ capital
assets, paving and, more important, those kinds of issues that the pre-
pared food tax provided debt service to deal with. As an example, he
called attention to the Wi]liamson Road Storm Drainage Project, which
is a pledge that the City wi]] complete, and elementary school renova-
tions, etc. He inquired if Council real]ocates the prepared food tax,
which would disassemble the progress made thus far, what will be done
in the second year of the biennit~n. He pointed out that the point he
would like to make is that this is not a single issue, but it repre-
sents what he refers to as the "domino effect". He explained that if
one follows the thought process that the City will delay or not proceed
with the $10 million bond program which was authorized by the voters,
and was a part of the prepared food tax, then the question is, how can
the City provide for additional capital expenditures if it is not
taking care of its basic capital expenditures.
The City Manager explained that he could not reco~nend to the
Council that the City deal with the question of flood control when, at
the very time the issue is being discussed, Council is talking about
how it will fund the basic services of City government. He noted that
the local cost for the flood control project is in the range of $6 - ?
million, and to bond for the project would cost an additional amount of
27
approximately $600,000.00 to $700,000.00 of debt service, which
translates into a two to three and one-half cents increase in the real
estate tax rate, He said if the City is faced with this kind of finan-
cial dilemma right now, and it is faced with finding either new reve-
nues or cuts in City programs, it will clearly have an effect on the
landfill question, flood control, and the trade center. He noted that it
is not a question of a single issue, but a number of other c(~nmunity
projects that follow, and if the first project is deleted, it tips the
balance for the remaining projects.
With reference to long-term solutions, Mr. Herbert referred to
identifying sources of additional revenue, reducing current program
service levels or some combination of the two. He said for every $1
million of new revenue, the equivalent of a five cents increase in the
real estate tax rate would be required, therefore, $3 million equates
to fifteen cents on the real estate tax rate.
With regard to current programs, the City Manager advised that
Council spent a considerable period of time last year looking at pro-
posed program cuts up to $1 million, noting that the message he
received was that the citizens wanted quality governmental services and
they were willing to pay for it, therefore, Council enacted the pre-
pared food and alcoholic beverage tax, and was not placed in the posi-
tion of having to cut significant programs. He said if Council is to
consider eliminating programs in order to honor the new school man-
dates, it will have to consider very precise program eliminations, and
the City will have to look at the basic method of delivering services.
m
In conclusion, the City Manager stated that the City has, unfunded
State education mandates in the range of $2.5 - $3 million; that the
Commonwealth is mandating the programs, but not providing funds, and
the City is asking the Commonwealth to eliminate or reduce the mandates
or provide adequate funds. He said Council has been progressive and
businesslike and has made the hard decisions that effect the co~nunity;
however, its decisions will be placed in jeopardy as a result of the
Commonwealth's mandates on education without financial resources for
i mpl ement at i on.
The Mayor advised that it was stated in the morning edition of the
Roanoke Times & World-News that Council would hold a special meeting
hopi'ng to make the citiZens of Roanoke aware of the financial crisis
the City is facing due to the State's new funding plan, and the state-
ment was made that pressure might be increased on the General Assembly
relative to the funding formula. He said at the present time the
center of attention is focused in Richmond, but when the General
Assembly Session is over and the members have cast their votes, the
center of attention will be on the City of Roanoke who will be faced
with the difficult and hard decisions. He said Council acted respon-
sibly when it enacted the meals tax; however, the City now finds itself
facing the most severe financial crisis it has known since he became
Mayor. He pointed out that the citizens of Roanoke should know the
full scope of the problem, advising that it is not just Roanoke's
problem, but other localities that will stand head and shoulders with
the City, who are losing enrollment and need the kind of decisive
action which the City is requesting.
m
The Mayor stated that this may be the hour of trial and test for
the Roanoke Valley; that it may, in fact, be the Valley's finest hour,
it may be the unique time when all citizens need to stand tall and
stand together, and it may be the time when the localities need to ask
for help.
The Mayor commented that the crisis moment has arrived when the
City is endeavoring to fund a school budget with $11,000.00 to meet
what eventually will be mandates that wil! cost $2.5 - 3 million. He
said the funds are vitally needed to continue the process of imparting
knowledge to the City's youth, and he hopes there will be enough con-
cern in the City of Roanoke and throughout the Commonwealth of Virginia
to state the City's case to the legislative delegation.
At 3:45 p.m., Mr. Bowers left the meeting.
Mrs. Velma Self, Chairman, Roanoke Central Council PTA, appeared
before Council and expressed concern about the budget situation. She
said the majority of citizens who spoke at last year's public hearing
on the budget were PTA representatives who have a deep interest in the
school system and school renovations. She added that the PTA has been
involved in budgets for many years, but she could not remember a budget
when the funding situation was as severe as the upcoming fiscal year.
Mrs. Seif advised that a letter was sent by the Central Council
PTA to the Governor's Office regarding lottery finances, in which it
was requested that lottery funds be allocated for education. She added
that she received a response from the Governor's Office to the effect
that lottery monies will go into a general fund.
Mrs. Seif pointed out that on February 9, eight representatives of
the PTA went to Richmond and met for thirty minutes with Delegates
Agee, Cranwel), Thomas and Woodrum, and Senator Macfarlane; that the
legislators were deeply distressed by the situation, and during the
meeting the mandates, as well as the amendments, were discussed. She
said on February 9, she sent a letter to all PTA Presidents, along with
a sample letter and addresses of the legislators, with a request that
they use their own letterhead to correspond with the legislators in an
effort to inundate them with letters of concern frmn local PTA's. She
pointed out that there was a public hearing last Thursday at Patrick
Henry High School and there will be another hearing tomorrow evening on
the proposed school budget at William Fleeing High School, and she
hoped more citizens would attend in order to learn about the mandates.
Mrs. Bowles advised that in her twelve years on City Council, for
the first time last week, she saw a common interest and voice among
City Council, the City Manager, and the School Board as they met in
Richmond to discuss the situation with legislators. She said Council
and the administration feel a deep concern, but she was afraid that the
average citizen has not yet felt the magnitude of concern, and she
would like for the media, in any way possible, to get the message to
the citizens that they need to have their voices heard, as well as City
Council, in Richmond. She requested that the citizens contact their
legislators, the Governor, and the Secretary of Education and let their
wi shes be known so that the City may keep the desired quality of life.
Mr. Garland advised that there is still time to turn the situation
around and, with the proper people contacting the General Assembly and
the Governor, the matter can be corrected to the benefit of cities
throughout the Commonwealth. He added that should the situation not be
corrected, and the City has to live with the formula mandated by the
State, he has enough confidence in Council, the Mayor, the City
Administration and the citizens to know that the City can adjust to
whatever it has to do, adding that it might mean a reduction in ser-
vices, or an increase in taxes. He said the formula is unfair, and it
could be turned around if the right people and the right number of
people contact the General Assembly.
Mr. Harvey advised that he is of the opinion that the City is
beyond the point of being nice, and when the City is faced with the
possibility of a $1.45 real estate tax rate per $100.00 of assessed
value, it is unheard of and totally out of the question. He said he
was bothered by the City's relationship with legislators in Ricl~nond
when some individuals, without the blink of an eye, can send $65
million to Roanoke for the Explore Project, whether it is or is not
worth every penny, but the City has difficulty in obtaining sufficient
funds for a basic service such as education. Also, he said the City
has requested assistance from the State for years to place the City
Nursing Home on the same funding status as State funded nursing homes,
in the amount of a mere $250,000.00, adding that it appears the City is
in a partnership without a partner. He stated that it might be time
for the School Board, the City Council and the citizens of the City of
Roanoke to say they are not going to accept anymore State mandated
programs unless the programs are accompanied by the necessary funds. He
expressed concern for citizens who live on fixed incomes 'Who cannot
afford a $1.45 real estate tax rate.
Mr. Musser advised that it has taken the present City Council and
other Councils many years to reduce the real estate tax rate to $1.25
per $100.00 of assessed value, and Roanoke is still the eighth highest
City in the State. He said if the Commonwealth of Virginia thinks,
whomever is responsible, that in one clean sweep it is §oing to boost
the City's real estate tax rate up to $1.45 or $1.50, they are wrong,
and as far as he is concerned, it will not happen. He stated that man-
dates without funding are absolutely ludicrous.
Mr. Musser explained that he served on the Education Policy
Committee of the Virginia Municipal League, and, at a meeting in
Wytheville, it was requested that the State not enact the mandates
until the cost could be detemnined, advising that the Board of
Education of the State of Virginia did not have any idea relative to
the cost. He added that the mandates not only effect the quality of
life in the City of Roanoke, but. other cities throughout the
Commonwealth, and, therefore, the quality of life in the State of
Virginia is effected. He said if the goal is to attract people to
Virginia, this is not the proper way to §o about it. He pointed out
that if the citizens of the City of Roanoke think, with the present
mandates and formula changes, that the City can come up with a balanced
budget without a tax increase or without reducing services, they will
be surprised to know that it will not happen this year. He said it is
frustrating for Council to take the blame for what the State of
Virginia and the Board of Education have done.
Mr. Trout advised that concern only has value when it is trans-
formed into action, and the sole purpose of the special meeting was to
express the concern of Council that the Commonwealth would bring such
a potential hardship to the citizens of Roanoke as well as to other
citizens of the State. He added that Council is not in disagreement
with the Governor's effort to bring about excellence in education;
however, it is possible that with the abundance of a $22 billion
budget, the spotlight could be on other areas of the Commonwealth's
budget when it should be centered on education. He said it appears
that everything this year has been focused or centered around mandates
and how cities will go about making their voices heard. He stated that
one-half of the legislative program has been completed and still no
impact has been made on the General Assembly, and no impact has been
made on the citizens of Roanoke that they are facing a crisis
situation. He expressed the opinion that the City should make its
voice heard and make it absolutely clear to the General Assembly that
mandates without proper funding represent back door taxation.
Mr. Trout pointed out that the mandates began in a quiet way when
the City's boundaries were frozen and the City was not adequately com-
pensated by the Commonwealth, noting that Roanoke is not like other
cities in that it cannot reach out any further. He added that when the
State froze the City's boundaries, it should have been compensated with
a steady income.
Mr. Trout advised that it is not fair to place the burden on the
City; that when the City is overwhelmed by decisions made by officials
on another level and over which it has no control, it is not fair play,
and it is not the type of democracy for which the Commonwealth of
Virginia is known.
The Mayor advised that the Council has endeavored to identify a
serious problem in the local community which has reached a crisis level
for the City and to make the citizens cognizant of a crucial situation.
He added that as the situation presently exists, if the City does not
obtain corrective action, it will not be in a position to balance the
school's side of the budget nor other budget concerns that Council con-
siders during the budget process. He said he felt good about the fact
that at least Council is sending out a plea for help in time, adding
that there is time on hand for the General Assembly to take corrective
action. He stated that he had difficulty believing that the legisla-
tors would want to enforce the kind of mandates that the City Manager
has alluded to, whereby the City would have $11,000.00 to cover a man-
date that is more than $2.5 - $3 million. He explained that eventually
2O
the situation will be one to be dealt with in the local community when
the General Assembly of Virginia has adjourned and the budget action
must Uo on. He stated that he hoped the news media will help Council
get the message to all of the citizens, and that the citizens of
Virginia will understand the depth of the problem, and the nature of
the crisis. He v~nt on to say that he hoped all of the c~nmunittes
that are in the same situation will appeal to their legislators so that
before the General Assembly Session ends, amendments will be made and
corrective action will be taken to provide for proper funding for the
City of Roanoke as well as other Virginia localities.
There being no further business, the Mayor declared the special
meeting adjourned at 4:30 p.m.
APPROVED
ATTEST:
City Clerk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 22, 1988
7:30 p.m.
31
The Council of the City of Roanoke met in regular meeting in the
Monterey Elementary School Gymnatori~n, 4501 Oliver Road, N. E., City of
Roanoke, on Monday, February 22, 1988, at 7:30 p.m., with Mayor Noel C. Taylor
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of
Procedure, Code of the City of Roanoke '('1979), as amended, and pursuant to
Resolution No. 28889, adopted by the Council on Monday, December 7, 1987.
PRESENT: Council members Howard E. Musser; Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, and Mayor Noel C. Taylor .............. 5.
ABSENT: Council members James O. Trout and David A. Bowers.
®
OFFICERS PRESENT: W. Robert tlerbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mrs. Charles Brisco, whose hus-
band pastors at First Church of God.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for removal and disposal of digested, lagooned sludge from the
Water Pollution Control Plant, said bids to be received by the City
Clerk until 4:30 p.m., on Monday, February 22, 1988, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
COST PER DRY TON
Bio Gro Systems, [nc.
Ad + Soil, [nc.
Neuhoff Farms, Inc.
$73.78
78.65
97.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
m
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
ACTION:
AIRPORT: A communication from the Chairman of the Roanoke
Regional Airport Commission transmitting the Roanoke Regional Airport
Fiscal Year 1988-89 Budget, was before Council.
(For full text, see communication and budget on file in the City
Clerk' s Office.)
Mrs. Bowles moved that the con~unication and budget be received
and filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Taylor ........... . .... 5.
NAYS: None .............
(Council members Bowers and Trout were absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
LOTTERY: Mr. Sam Nackley, 1623 Sherwood Avenue, S. W., appeared
before Council and presented copy of a con~nunication that he sent to
the Governor, members of the House of Delegates and Senators, offering
the following suggestion for their consideration:
"Lottery money be set up in a separate fund from
the General Fund and designated as such so that the
taxpayers will know how much money is being
generated by the lottery.
Money from the lottery be disbursed as follows:
Five per cent of all money taken in be
disbursed to education.
Five per cent of all money taken in be
disbursed to elderly and social services,
Five per cent of all money taken in be
disbursed to Parks and Recreation.
This money to be disbursed in addition to the
amount that is currently appropriated for these
departments.
This should be taken from the gross amount of money
taken in, rather than the net amount taken in.
This will only amount to fifteen per cent of all
millions of dollars taken in by the State.
We, the taxpayers of the State of Virginia, appre-
ciate your efforts in passing this into law by the
time the lottery is instituted."
Mr. Nackley advised that he is not against the Explore Project,
but it should be done by private enterprise not by taxpayers' money,
and the State should furnish and maintain roads.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Musser moved that the communication be received and filed.
The motion was seconded by Mr. Harvey and adopted.
PETITIONS AND COMMUNICATIONS:
ACTION:
BUDGET-SCHOOLS: A com~nunication from the Roanoke City School
Board requesting the approval of Council to appropriate $188,565.00 to
fund vocational education teachers in the handicapped and disadvantaged
programs, advising that the funds were made available from the Perkins
Act; and further requesting appropriation of $253,193.00 for the
purchase of vocational education equipment, advising that local funding
has been made available as a result of the receipt of the Perkins Act
monies for funding vocational education teachers, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of grant funds for the School Board; that
the first portion of the request is to appropriate $188,565.00 of 100
per cent State funding in the General Fund for Vocational Education;
that the second portion of the request is to appropriate State and
Local funding for the 198/-88 Vocational Education Equipment Grant;
that funding for the local match of $188,565.00 is available in the
Instruction category of the education section of the General Fund in an
account entitled "Compensation of Secondary Teachers", Account No.
001-060-6002-6015-0113; that local funding was made available by the
100 per cent State funding being appropriated above; and recommending
that Council concur in the request of the School Board, was also before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#28996) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For ful] text of Ordinance, see Ordinance Book No. 50, page 479.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or ......... .--5.
NAYS: None ........
O.
(Council members Bowers and Trout were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
STREET NAMES: The City Manager submitted a written report with
regard to renaming all, or portions of Kimball Avenue, N. E., Hollins
Road, N. E., Read Road, N. E., Monticello Boulevard, N. E., Manning
Road, N. E., and Third Street, N. W.
It was explained that changes in existing official names of the
above subject City streets are recommended in an effort to correct the
following street name identification problems:
Existing duplicate and multiple street names offi-
cially assigned by Ordinance No. 19650, on May 10,
1971, to the Kimball Avenue/Hollins Road, N. E.,
and Hollins Road/Read Road, N. E., thoroughfares.
Official street name changes were made to accommo-
date proposed street const ructi on pl aris for
realignment at that time. Plans were never imple-
mented.
24
Multiple street names (Monticello Boulevard, N. E.,
and Manning Road, N. E.) that have over the years
evolved onto continuous streets through the process
of annexation or land subdivision.
Multiple street names (Third Street, N. W.), on
single continuous streets, as a result of new
construction and realignment of older street sec-
tions bearing different names.
It was explained that duplicate or multiple street names assigned
to identify local streets or continuous street thoroughfares generally
result in a frequent and persistent reoccurrence of problems for the
general public; that determining the accurate location of such streets
is often difficult and time cons~ing (:or the individual, the U. S.
Postal Service, and other vitally important agencies such as police,
fire and emergency services. It was further explained that the Kimball
Avenue/Hollins Road, N. E., thoroughfare, extending from Orange Avenue,
N. E., to the City's north corporate limits, and the Hollins Road,
N.E./Read Road, N. E., thoroughfare, al so extending from Orange
Avenue, N. E., to an intersection with the current Hollins Road, N. E.,
(duplicate name), are both currently identified by duplicate and
multiple street names.
It was pointed out that Monticello Boulevard and Manning Road,
N.E., are separately named sections of the same continuous street
system (Mason Mill Road, N. E.), that is currently identified by
multiple (3) street names; that Third Street, N. W., is a separately
named section of one continuous street (Rutherford Avenue, N. W.) that
is currently identified by multiple (2) street names; and the street
naming policy and procedures, pursuant to Section 30-34, Code of the
City of Roanoke (1979), as amended, have been implemented, and the
following action has been taken:
Letter of notification was mailed to all affected
property owners and residents informing them of the
City's need and purpose for the subject street name
changes.
Ninety-eight business establishments and 172 resi-
dents situated on the Kimball Avenue/Hollins Road,
N. E., thoroughfare were notified of the recom-
mended street name changes.
Attendance at the public meeting consisted of 25
property owners and residents.
Response of property owners and residents in atten-
dance was overwhelmingly in favor of the street
name changes, as recon~ended. Owners or repre-
sentatives of two businesses, Dixie Tile and Carpet
and Brammer Welding Supply and one resident, Mr.
Calvin Prosser, 2205 Kimball Avenue, were not in
favor of changing the name of Kimball Avenue, N. E.
The City Manager recommended that Council approve the recommen-
dation to rename the subject public streets, thereby changing the pre-
sent names of:
Kimball Avenue, N. E., from its intersection with
Orange Avenue, N. E., to its northerly intersec-
tion with Liberty Road, N. E., to Plantation Road,
No £o
Hollins Road, N. E., from its intersection with
Liberty Road, N. E., to the City's north corporate
limits, to Plantation Road, N. E.
I
ACTION:
Read Road, N. E., from its intersection wi th
Kilgore Street, N. E., to its northerly intersec-
tion with the present Hollins Road, N. E., to
Hollins Road, N. E.
Monticello Boulevard, N. E., from its intersection
with the City's 1949 corporation boundary to its
intersection with Manning Road, N. E., to Mason
Mill Road, N, E.
Manning Road, N. E., from its intersection with
Monticello Boulevard, N. E., to its northeasterly
point of terminus, to Mason Mill Road, N. E.
Third Street, N. W., from its intersection with 3rd
Street, N. W., and Rutherford Avenue, to its inter-
section with McDowell Avenue, N. W., to Rutherford
Avenue, N. W.
It was further recommended that the ordinance effecting the above
street name changes include the provision that said ordinance is not to
become effective until June 1, 1988, and that all affected residents
shall be duly notified of such effective date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Delaney C. Black, 327 Houston Avenue, N, E., appeared before
Council and advised that there is another Hollins Road that runs from
Tinker Creek to Ingersoll Rand which adds to the confusion in the area.
He suggested the continuation of Plantation Road across Orange Avenue
to The Hotel Roanoke.
Mr. Musser moved that the report and suggestion be referred to the
City Manager for report and recommendation to Council. The motion was
seconded by Mr. Harvey and adopted.
BUDGET-PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a
written report advising that snow storms and freezing conditions
occurred in the Roanoke Valley on January 3, 7, 18, 25, 1988, and depo-
si ted nearly nine inches of snow accumulation; that the 1987-88
budget included $87,19/.00 for snow removal from City streets and
rights-of-way and for overtime salaries and chemicals; and other
operating accounts are used for regular salary and equipment costs.
It was explained that City employees worked continuously during
these periods in an effort to combat the accumulation of snow; that
extra manpower and equipment operated at night and on weekends
responding to specific requests for service from citizens; that
approximately 1,927 hours of overtime were expended by City personnel
plowing and salting streets, keeping equipment in service, etc., with
overtime cost at approximately $22,773.66; that the cost of motor fuel,
parts, and supplies was approximately $4,267.34; and chemicals spread
on streets and bridges totalled 1,183 tons at a cost of $43,702.54.
The City Manager recommended that Council appropriate $30,000.00
and that he be authorized to acquire another 1000 tons of chemicais to
restore stockpiles for use during future snow storms, by transferring
$30,000.00 from the General Fund Contingency, Account No. 001-002-9410-
2199 to Snow Removal Chemicals, Account No. 001-052-4140-2045.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#28997) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 *General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 480.)
36
ACT[ON:
ACT[ON:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the followin9 vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or .......................... 5.
NAYS: None ....
(Council members Bowers and Trout were absent.)
RED CROSS-SPECiAL PERM[TS: The City Manager submitted a written
report advising that during the month of March 1987, Council granted
permission to the Roanoke Valley Chapter, American Red Cross, to hang
flags from street lighting poles in the central business district,
which was in recognization of Red Cross Month Lo honor the thousands of
volunteers who help their community through service in the organiza-
tion.
it was explained that by letter under date of February 4, 1988,
Dan D. Oyler, Chairman of the Roanoke Valley Chapter of the American
Red Cross, has again requested permission to fly the 3' x 5' American
Red Cross flags from street lighting poles in the central business
district.
The City Manager recommended that Council adopt the proper measure
granting permission to the American Red Cross to display flags in the
Central Business District from February 29, 1988 through March 14,
1988.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#28998) AN ORDINANCE 9ranting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit Lo mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Garland and adopted by the
fol 1 owl ng vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or ........... --5.
NAYS: None .......
(Council members Bowers and Trout were absent.)
BUDGET-DAMS-WATER DEPARTMENT: The City Manager submitted a writ-
ten report advising that inspection of dams is required in accordance
with the National Dam Safety Program as authorized by PL 92-367, and
inspection is also required to provide the following informationJ
Form DS-2: Operation and Maintenance Plan and
Schedule
Form DS-2RR: Reinspection Report
It was explained that the purpose of the inspections is to iden-
tify expeditiously those dams which may be a potential hazard to human
life and property, and to complete the requirements for the operations
and maintenance plan for the dams.
The City Manager advised that legal advertisement was placed in
the Roanoke-Times and World News on August 30, 1987; that three engi-
neering firms responded to the advertisement; that all three firms
were interviewed and the firm of Hayes, Seay, Mattern & Mattern was
chosen to be the best qualified for the project.
ACTION:
ACTION:
ACTION:
The City Manager recommended that he or the Assistant City Manager
be authorized to execute a contract with Hayes, Seay, Mattern &
Mattern for engineering services to inspect three City damns, and
complete the necessary forms for inspection, operation and maintenance
requirements to establish an Emergency Action Plan, and to perform
related work as defined in the scope of the work, for the sum of
$/9,894.00 and 90 working days from receipt of written notice to pro-
ceed. It was further recom~ended that the sum of $4,106.00 be
established for additional services in conjunction with the project (to
be approved by the administration before it can be spent) for a total
project amount of $84,000.00; and that Council authorize appropriation
of $84,000.00 from the Water Fund, Previous Years Retained Earnings, to
Account No. 002-056-2160-2010, Fees for Professional Services.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#28999) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 480.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or ......... -5.
NAYS: None .......
(Council members Bowers and Trout were absent.)
Mrs. Bowles offered the following emergency Ordinance:
(#29000) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, to provide dam inspection and
related services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 481.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or ....... -5.
NAYS: None ........
(Council members Bowers and Trout were absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cfal report for the City of Roanoke for the month of ,January, 1988.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Harvey moved that the financial report be received and filed.
The motion was seconded by Mr. Musser and adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
PENSIONS-CITY EMPLOYEES: Ordinance No. 28992 relating to defer-
ring compensation of officers and employees of the City to the deferred
compensation plan of the ICMA Retirement Corporation; authorizing the
Director of Finance to execute a Declaration of Trust of the [CMA
Retirement Trust; and providing that the Director of Finance shall be
the coordinator for the ICMA Deferred Compensation Program, havin9 pre-
37
38
ACTION:
viously been before the Council for its first reading on Tuesday,
February 16, 1988, read and adopted on its first reading and laid over,
was again before the body, Mr. Musser offering the following for its
second reading and final adoption:
(#28992) AN ORDINANCE relating to deferring compensation of offi-
cers and enployees of the City to the deferred cmnpensation plan of the
[CMA Retirement Corporation; authorizing the Director of Finance to
execute a Declaration of Trust of the ICMA Retirement Trust; and pro-
viding that the Director of Finance shall be the coordinator for the
ICMA Deferred Compensation Program.
(For full text of Ordinance, see Ordinance Book No. 50, page 478.)
Mr. Musser moved the adoption of tile Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Bowles, Garland, Harvey and Mayor
Tayl or .......................... 5.
NAYS: None ........
(Council members Bowers and Trout were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET-TAXES: Vice-Mayor Howard E. Musser advised that inasmuch as
the General Assembly is in the final hours of its session, and inasmuch
as time is drawing near for Council to be involved in the 1988-89
fiscal year budget process, he has begun to hear comments relative to
using revenue derived frum the prepared food and alcolohic beverage tax
as a source of funds to meet school mandated programs and salaries by
the Commonwealth of Virginia. In order to clear up any misconception
as to the purpose and intent of the prepared food and alcoholic
beverage tax, Mr. Musser requested that the Director of Finance once
again publicly state the expressed purpose and intent of the tax as it
was stated during budget study sessions last year.
The Director of Finance advised that there is a misconception by
some members of the public that the prepared food and alcoholic
beverage tax was implemented solely for school purposes. He read from
the City Manager's proposed !987-88 budget message in which he stated:
"As noted previously, I am submitting a proposed General Fund budget
which is balanced, however, it is not a budget that will meet this com-
munity's long-term need to invest and reinvest in the future." Mr.
Schlanger said the City Manager recommended, in order to provide cer-
tain long-term needs, a proposed increase in the cigarette tax and
enactment of a proposed food and alcoholic beverage tax.
Mr. Schlanger said the reasons for the additional taxes v~re very
clear. He referred to capital maintenance which is very important
throughout the City and the school system. He said the City has not,
in its past history, had sufficient funds to care for' routine main-
tenance items which are needed to maintain the integrity of its
buildings, therefore, the buildings reach a certain point where they
have to be totally renovated. He explained that a good funding goal is
to provide approximately $500,000.00 per year for capital maintenance
for all City owned facilities, therefore, the City would not have to go
to the bond market for major expenditures and renovations. He stated
that the second major program which was discussed to be included in the
prepared food and alcoholic beverage tax was a street paving program.
He advised that the goal, in order to maintain the program which has
been implemented and to maintain the policy of Council, would cost
$1,250,000.00 each year in order to keep City streets in first class
condition. Relative to last year's program, he pointed out that only
$650,000.00 was provided of the $1,250,000.00 goal. He added that the
third item which was discussed to be covered by the tax was vehicle
replacement, noting that the City has a major investment in rolling
stock. He explained that the administration endeavored to put together
39
a program whereby some of the vehicles would be replaced inasmuch as
many of them are obsolete or out of service for repairs. He said in
order for the City to get on a nomnal replacoment schedule for
vehicles, the funding goal is $2,100,000.00 yearly, and the City was
able to fund only $750,000.00 from the prepared food tax last year. He
added that the cigarette tax generated an additional estimated
$32/,000.00, and that exact amount of funds was appropriated to the
operating budget of the Roanoke City School Board.
Mr. Schlanger went on to advise that the main area he had not
addressed pertained to debt service, advising that the citizens of the
City of Roanoke saw fit to approve a $10 million bond issue in November
of 1987, and the City's 9oal was to 9o to the bond market in July of
1988 for the purpose of renovating certain schools, improving certain
City parks, completing the Williamson Road Storm Drainage Project, curb
and gutter and other major capital needs of the City. However, he
pointed out that the City has actually had larger bond issues, but in
this instance it was able to afford only $10 million inasmuch as the
debt service on $10 million is $900,000.00 annually.
In conclusion, Mr. Schlanger said there were many needs of the
City that the prepared food and alcoholic beverage tax was based on,
noting that the tax has provided a source of income that will help meet
the community's long-term needs to invest and reinvest in the future.
OTHER HEARINGS OF CITIZENS: NONE,
There being no further business, the Mayor declared the meeting
adjourned at 8:30 p.m.
ATTEST: ~
City C1 erk
APPROVED
Mayor
40
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March ?, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 7, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ....... 7.
ABSENT: None ..........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Diblin9, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACT[ON:
ACT[ON:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the roms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, a contractual matter, and a real
estate matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 1, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ..............
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
41
~IACTION:
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None ...............
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter being the terms and conditions of a
contract in negotiation, pursuant to Section 2.1-344 (a) (6), Code of
Virginia (1950), as amended, was before the body.
(For full text, see ~'eport on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter being
the terms and conditions of a contract in negotiation, pursuant to
Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...................... 7.
NAYS: None .....
BUILDINGS-COMPLAINTS: A report of the City Manager advising that
files in the Building Department regarding the property at 2126
Brookside Lane, S. E., (property of Mr. Cecil Hagy) show violations of
zoning and trash abatement ordinances as far back as September 2, 1981;
that during these years, Mr. Hagy has repeatedly been notified by mail
of such violations; that each time he has removed only enough outdoor
storage to satisfy the minimum requirement; and, in a short period of
time, the Building Department again received complaints from property
owners in the area regarding the appearance of the property, was before
Council.
It was explained that on January 25, 1988, Mr. Edward Taylor, 2158
Woodland Road, S. E., appeared before Council to register a complaint
in regard to the condition of the property at 2126 Brookside Lane,
S. E., i.e., junk on property and unsightliness, and the complaint was
referred to the Zoning Administrator for investigation and report; and
on February 2, 1988, a zoning violation involving an old truck body,
scrap metal, etc., was found.
In summary, the City Manager advised that due to the fact that Mr.
Hagy has had ample warnings and has failed to comply with City Codes,
he has been summoned to appear in Court on March 8, 1988, for violation
of Sections 36.1-37 and 36.1-107 of the Roanoke City Zoning Ordinance;
that the matter is in the hands of the General District Court, and City
staff will pursue it to the maximum permitted by the City Code.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... . .... 7.
NAYS: None ..... --0.
PENDING LIST: A list of items pending from July 10, 1978, through
February 22, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ..... O.
42
ACTION:
ACT[ON:
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mrs. Ora B. McColman as a member of the Roanoke Neighborhood Partner-
ship Steering Committee for a term ending November 21, 1990, was before
Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be
received and filed. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ 7.
NAYS: None .................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..................... 7.
NAYS: None ...................
Oe
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $206,500.00, which represents
the fifth installment of the Schools' share of the Capital Maintenance
and Equipment Replacement Fund, advising that the funds will be used
for the district-wide asbestos abatement program ($89,500.00) and for
roof repairs at William Fleming High School and Stonewall Jackson
Junior tligh School ($117,000.00); and further requesting the appropria-
tion of $27,906.00 for the Impact Aid Program, to provide funds for the
continuing employment of a Grants Technician, for twenty per cent of
the salary of the Director of Educational Partnerships, and for cleri-
cal assistance for the remainder of the school year, which funds have
been received from the Federal Department of Education, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of $206,500.00 in CMERP funds for the
School Board, and the appropriation represents the fifth installment of
the School's share of the Capital Maintenance and Equipment Replacement
Program; that the report also appropriates one hundred per cent federal
funding of $2/,906.00 for the Impact Aid Grant Program; and recom-
mending that Council concur in the request of the School Board, was
also before the body.
(For full text, see report on file in the City Clerk's Office.)
43
ACTION:
il;TION:
ACTION:
ACTION:
Mrs. Bowles offered the following emergency budget Ordinance:
(#29001) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an anergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 483.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles Garland, 'Harvey,
Musser and Mayor Taylor ......................... 7.
NAYS: None .... --0.
SCHOOLS-LOANS: A communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund loan application,
in the amount of $1.0 million, representing construction cost for reno-
vations and additions to Highland Park Elementary School, advising that
the debt service on the loan will increase the Board's debt service
expenditure by $45,000.00 in fiscal year 1991 and an additional
$45,000.00 in fiscal year 1992, but no debt service expenditure will be
incurred until funds are drawn against the loan account; and the loan
application can be cancelled if the project is not placed under a
construction contract, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29002) A RESOLUTION authorizing the School Board for the City
of Roanoke to make application for a loan from the State Literary Fund
for improving Highland Park Elementary School.
(For full text of Resolution, see Resolution Book No. 50, page 484.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... 7.
NAYS: None ......... --0.
Following considerable discussion of the matter, Mr. Musser moved
that the School Board be requested Lo obtain the approval of Council
prior to the expenditure of funds, if the loan is approved. The motion
was seconded by Mr. Harvey and unanimously adopted.
COUNCIL: A communication from the Honorable Noel C. Taylor,
Mayor, advising that inasmuch as four members of the Council will be in
attendance at the National League of Cities, Congressional City
Conference, on March 19 - 22, 1988, in Washington, D. C., he has taken
the liberty of requesting that the City Attorney prepare the proper
measure cancellin9 the Monday, March 21, 1988, City Council meeting,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29003) A RESOLUTION cancelling the meeting of the Council of
the City of Roanoke scheduled for Monday, March 21, 1988, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 50, page 484.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... -7.
NAYS: None ............. .---0.
44
ACTION:
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
STREET NAMES: The City Manager submitted a written report
advising that a briefing was presented to Counci! at its meeting on
Monday, February 22, 1988, on a recommendation to rename all, or por-
tions of Kimball Avenue, N. E., Hollins Road, N. E., Read Road, N. E.,
Monticello Boulevard, N. E., Manning Road, N. E., and Third Street,
N. W.; whereupon, the City Manager transmitted a proposed ordinance
which will accomplish the proposed street name changes. (See minutes
and report under date of February 22, 1988.)
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that tile following Ordinance be placed upon its
first reading:
(#29004) AN ORDINANCE renaming certain streets in the northeast
and northwest quadrants of the City; providing for various forms of
notices to be given thereof; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 496.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ......... O.
APPALACHIAN POWER COMPANY: The City Manager submitted a written
report advising that Lite current electrical contract between the City
of Roanoke and the Appalachian Power Company was for a three year
period ending June 30, 1987, but provided that unless either party can-
celled the contract, it would be automatically renewable with any
electrical rate adjustment being subject to agreement between the par-
ties.
It was explained that electrical rates in effect
1987, were:
on June 30,
Schools - 6.825F per kwh
General - 6.371~ per kwh
Pumping - 5.594~ per kwh
It was pointed out that the current street lighting contract bet-
ween the City of Roanoke and the Appalachian Power Company is dated
January 1, 1983, for a ten year term, but provides that rates are sub-
ject to reevaluation at two year intervals; that the contract antici-
pated that City of Roanoke street lighting rates will eventually be
tied to the street lighting rates paid by other jurisdictions in South-
western Virginia served by Appalachian Power Company, with one excep-
tion on the City's contract from the normal contract, which provides
that the City does not pay for a planned change out of lamps from mer-
cury to sodi~ vapor.
It was further pointed out that negotiation participation, and
payment of pro-rata consultant fees, with other affected local govern-
ments through the Virginia Municipal League and the Virginia Associa-
tion of Counties was reported to and concurred in by Council on
January 11, 1988, and the City's pro rata share of the negotiation
expense assessment is $15,840.00.
m ACTION:
The City Manager advised that notification of agreement between
the negotiating team and Appalachian Power Company was received on
February 16, 1988; that generally, rate reductions per kwh usage will
be ten per cent for the period of July 1, 1987, through December 30,
1987, and fifteen per cent from January 1, 1988, through June 30, 1990;
and street lighting rates will generally reduce six per cent from the
July 1, 1987, to December 30, 1987, period, and an additional six per
cent for the period of January 1, 1988, through June 30, 1990.
It was noted that while these reported percentages are exact for
most rates, they may not properly reflect the exact change in the fuel
adjustment clauses in all electrical contracts, nor the base meter fees
(or minimum charge) on al) electrical meters; and authorization to exe-
cute contract amendments (or revised contracts) reflecting the change
in the electrical rate structures needs to be obtained in order for the
City to receive the appropriate credit for the negotiated rate reduc-
tions.
The City Manager recommended that he or the Assistant City Manager
be authorized to execute contract amendments (or revised contracts) to
the electrical rate contract and the street lighting contract between
the City of Roanoke and the Appalachian Power Company, in conformance
with the reported revised rate reduction percentages contained in a
communication attached to the report from the electrical rate nego-
tiation steering committee, with the form of contract amendments or
revised contracts to be subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29005) A RESOLUTION authorizing the appropriate City officials
to enter into the appropriate contract agreements with Appalachian
Power Company providing for reduced electrical rate and street lighting
contract rates, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 485.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ .-7.
NAYS: None .....
BUDGET-INDUSTRIES-UTILITIES-STATE HIGHWAYS: The City Manager sub-
mitted a written report advising that the Tultex Corporation has exer-
cised an option to purchase approximately 10.3 acres of City-owned land
off of King Street, N. E., where it plans to construct a new manufac-
turing facility, and construction of a public roadway from King Street
into the site is required; and engineering design services for the
roadway and related utilities are needed to serve Tultex as well as the
remaining ten acres of the industrial park.
It was explained that Engineering Services Qualification Proposals
for the project were publicly advertised on January 6, 1988, and
received on January 22, 1988, from six firms; that interviews were held
with five of the six firms that submitted proposals as they were deemed
qualified; that negotiations were conducted with the engineering firm
felt to be most qualified, Mattern and Craig, P.C., for the project
requirements; and the scope of work to be performed includes roadway
design, storm drain design, sanitary sewer and water facilities,
lighting, landscaping, topographic surveys, plats, and construction
admi ni stration.
The City Manager recommended that Council award an engineering
services reimbursement, with a cost ceiling contract, in a form
approved by the City Attorney, to Mattern & Craig, P.C., in an amount
not to exceed $30,000.00; and that Council authorize the Director of
Finance to establish a new account for the Berkley Bottom Roadway
Engineering Contract, and transfer funds, in the amount of $30,0D0.00,
from the RCIT Site Preparation Account No. 008-052-95069003.
(For full text, see report on file in the City Clerk's Office.)
45
46
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance:
(~29006)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropri.'tions, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 485.)~
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the fo]lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ........... O.
Mr. Bowers offered the following emergency Ordinance:
(~29007) AN ORDINANCE authorizing the execution of a contract
with Mattern & Craig, P.C., to provide engineering services for the
design of a roadway and utilities to serve the industrial park being
developed by the City off King Street, N. E.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 486.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........................... 7.
NAYS: None ....... -0.
BUDGET-BRIDGES: The City Manager submitted a written report
advising that Annual Bridge Inspections identified the need for bridge
deck rehabilitation on Franklin Road over the N & W Railroad; that
Franklin Road Bridge Rehabilitation has been approved by Council as
part of the 1988-1992 Capital Improvements Program; and engineering
design and services for bridge rehabilitation is necessary.
It was explained that Engineering Services Qualification Proposals
for the project were advertised on December 20, 1987, and received on
January 15, 1988, from Hayes, Seay, Mattern & Mattern, and Mattern &
Craig (indicated that their workload could not accommodate this
project); that a review of the proposal from Hayes, Seay, Mattern &
Mattern (only response) by a staff team determined that the firm was
quali fled; that negotiations were conducted with Hayes, Seay,
Mattern & Mattern for project requirements; and the scope of work to be
performed includes general condition survey, rehabilitation recommen-
dations, contract plans and specifications, cost estimates, construc-
tion services and supplementary bridge inspection.
The City Manager recommended that Council award an engineering
services contract, with a cost ceiling, in a form approved by the City
Attorney, to Hayes, Seay, Mattern & Mattern, Consulting Engineers, for
an amount not to exceed $48,000.00; and that Counci] appropriate
$48,000.00 to an account in the Capital Projects Fund to be established
by the Director of Finance for Franklin Road Brid§e Rehabilitation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29008)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capita] Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 486.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
m
ACT[ON:
AYES: Council members Trout, Bowers, Bow)es, Garland, Harvey,
Musser and Mayor Taylor ........ 1.
NAYS: None ..........
Mrs. Bowles offered the following emeryency Ordinance:
(#29009) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, to provide engineering consultant
services for bridge rehabilitation on Franklin Road over the N & W
Railway, and providing for an ~nergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 487.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the fo)lowing vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ................. 7.
NAYS: None ....................
O.
FLOODS-FLOOD REDUCTION: The City Manager submitted a written
report advising that the feasibility for flood reduction of the Roanoke
River has been considered by the Corps of Engineers and the City since
at least 1970; and project evolution, as previously reported, included:
1970's upstream dam alternatives were rejected
since no suitable site could be found with a
local sponsor.
1982 joint local government sponsorship of a
channel widening project with the City of
Roanoke's pro-rata share of non-federal funds
being estimated at $4,600,000.00 was pre-
sented. The City submitted a letter of intent
(its first); however, the other Valley govern-
ments declined to participate.
1984 reduced flood reduction project to stay
within the City of Roanoke's boundaries
resulted in the second letter of intent to be
the local sponsor at a non-federal estimated
cost of $7,211,000.00.
e
November 25, 1985, third letter of intent was
authorized by Council at an estimated non-
federal share (local cost) of $/,900,000.00.
Be
July 14, 1986, increase in local cost esti-
mated at approximately $9,000,000.00 (1986
dollars), including work elements (sewage
plant and hospital floodproofln§ and recrea-
tion bridges) initially part of the project
but removed by the Assistant Secretary of the
Army, was reported to Council by report from
the Flood Plain Committee. Council authorized
a letter to the Corps of Engineers expressing
concern at the increasing estimate in the
local cost and urging that the project and
benefits be evaluated under the Federal laws
and guidelines existing in 1983, when the
first estimate for the project was given to
the Ci ry.
It was explained that on January 29, 1988, an updated letter of
intent was requested by communication from the Corps of Engineers,
which co~mlunication notes that the current estimate for non-federal
costs is $8,160,000.00, and requests Council action on an updated
letter of intent by March 15, 1988, which letter of intent is not a
binding agreement.
48
It was further explained that project benefits were first formally
reported by the Corps of Engineers as having a benefit to cost ratio by
1.4 to 1.0, based on 1984 dollars; and a computed projection of these
benefits and the cost, based on the most current cost estimates,
equates to an average annualized basis as follows:
Benefit Cost
Flood damage reduction
Recreation opportunities
$2,540,616.00
610,514.00
Breakdown
Unavailable
Total
$3,151,128.00 $2,225,225.00
Mr. Herbert advised that an updated letter of intent has been
requested by March 15, 1988, for a project having a total estimate of
$24,500,000.00 to include a non-federal (local) cost of $8,160,000.00;
that the non-federal cost is expected to exceed $9,000,000.00 due to
the addition of costs for the recreation bridges, widening of the
existing low water bridges and updated cost of land values and utility
relocations; and the draft letter of intent has been changed to include
a stipulation that the City's intent to sponsor the project is subject
to a referendum of the electorate.
it was further advised that a Local Cooperative Agreement (LCA) is
referenced in the proposed letter of intent; that a draft LCA has been
reviewed by the City Attorney and City staff and is being negotiated by
the City; that while some provisions are unchangeable due to federal
regulations, some changes may be made which will make the LCA project
specific and will apply certain caps on local costs; that while the
City is in general concurrence with the draft LCA as structured, final
negotiations have not been concluded and the final LCA will be subject
to Council approval, and the overall project financial support will be
subject to a referendum; and major issues being considered with regard
to the LCA are:
Establishing a useful project life.
Requirement that the City indemnify the Federal
Government.
City desire for a maximum cap on City financial
liability.
City desire for a right of approval, rather than
mere right to review and comment, with respect to
entire project and any change orders.
It was explained that financial issues will require decisions on
the priorities of the City, both for basic and essential services, as
well as capital expenditures, and a partial list of these issues are:
fl ood reduction
school funding for fiscal year 1989-90
solid waste disposal
completion of capital projects approved by prior
referendum
equipment and infrastructure maintenance and
replacement.
The City Manager recommended that Council authorize a letter of
intent in support of the full Roanoke River Flood Reduction Program
with increased recreational enhancement to include:
ACTION:
recreational trail
recreational bridges (bid alternative), and
low water bridge replacement (bid alternative)
It was noted that it should be made clear in the letter of intent that
the ultimate timing for the execution of a Local Cooperative Agreement
is dependent upon future referendum and resolution of financial deci-
sions facing the City; and the project needs to proceed through the
design phase as soon as possible so final estimates and project scope
will be identified.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(~29010) A RESOLUTION authorizing the City Manager to execute a
letter of intent in support of the Roanoke River Flood Reduction
Project, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 488.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles.
Mr. William H. Tanger, P. O. Box 175, representing Friends of the
Roanoke River, appeared before Council and advised that he represents a
Coalition of fishermen, boaters, bird watchers, environmentalists and
concerned taxpayers. He said the Coalition is against the current
Corps of Engineers plan due to environmental, aesthetic and economic
reasons, and, at the same time, they support the City Manager's recom-
mendation contained in Alternative A of his report relative to a letter
of intent to the Corps of Engineers.
Mr. Tanger pointed out that the immediate problem for the City of
Roanoke and its citizens regarding flood reduction is the lack of up to
date information; and many questions regarding the proposed Corps plan
cannot be answered because the plan was done before the 1985 flood. He
said updated information is needed in the design memorandum by the
Corps of Engineers; viz: the revised cost benefit ratio, the number of
acres of trees that will be removed, the number of acres of rip rap
that will be added, the impact of the Spring Hollow Reservoir Project
on river recreation elements, and how the Corps got its data on
recreation figures. He commented that at the public meeting, the
aerial photographs were not completely accurate which only compounded
public misunderstanding, noting that there cannot be public input
meetings on the project because up to date information is not available
for dissemination to the public.
Mr. Tanger said the Coalition supports the City Manager's request
that the Corps of Engineers memorandum be completed, but it should be
noted that they do not support the present plan as they understand it.
He stated that the technical direction notice indicates that City staff
had unfavorable comments regarding aesthetics, and it should also be
noted that there have been unfavorable co~m~ents regarding environmental
impact, which should also be included in the technical direction
notice. He said it is recognized that Council feels an obligation to
do something about flood damage; that the plan, with a cost benefit
ratio on the flood control element of $1 to $1.1, makes borderline eco-
nomic sense; that if the adverse environmental impact in the plan is
given an economic value, the plan makes no economic sense; and more
thought and effort should go into the project to develop a plan that
provides better long-term flood reduction benefits.
In closing, Mr. Tanger said it is hoped that Council will open the
decision making process to the public to include the expertise of an
architectural firm to review all alternative concepts.
Mr. Barry K. Brewer, President of the Star City Striders, appeared
before Council and advised that the health and well being of citizens
should be a number one priority of the City, and the millions of
dollars that have been spent on recreation facilities in the past
demonstrates that the City is moving in the right direction. He
pointed out that most of the facilities have been for limited par-
ticipatory use; that there are not that many sixty year old soccer
players and football players, but there are quite a number of sixty
49
50
year old runners, walkers and cyclists, therefore, the recreation faci-
lity would benefit a wider group of taxpayers. He commented that the
fitness trail is another plus in what the Roanoke Valley would have to
offer new industry interested in locating in the area. He pointed out
that if the Federal Government is willing to fund one-half of the cost
of the trail, it would be a shame to lose the opportunity to build the
facility while construction is in progress on the flood project. He
requested that Council not be shortsighted to the benefits the idea can
bring to the health and well being of Valley citizens and to the eco-
nomy of the entire area.
Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before
Council and advised that her concerns deal with the Roanoke River,
noting that the river was here centuries before Roanoke's banks grew
alongside of it, and it will be here for generations to come. She said
she believes in flood control, but she also believes it is our respon-
sibility as responsible citizens to preserve the natural resources in
the Roanoke Valley. She pointed out that the river should not be seen
as Roanoke's adversary but as Roanoke's best friend; that the river is
aesthetically pleasing, it enchances the City's parks, it provides a
good quality of l ife and a sense of movement to the City. She commented
that as a friend to the river, the City should use the river as a
resource and direct its course with care and understanding, not with a
heavy crane and a bulldozer. She said the City needs to find ways of
flood control, however, ways should be found that are aesthetically
pleasing to the citizens of Roanoke.
Mr. Artie M. Levin,.3727 Grandin Road Extension, S. Wo, appeared
before Council and advised that he is Treasurer of the Blue Ridge
Bicycling Club, and urged that Council include the bicycling and
jogging path in the flood control river project. He said the recrea-
tional facility would be an added feature for citizens of Roanoke, the
Roanoke Valley as a whole, and it would also serve as a tourist attrac-
tion. He added that there are numerous bicycle riders and runners in
this area and from surrounding areas who participate in weekly rides
and runs as well as sponsored tours and events, and the recreational
facility would offer another plus in selling the City to new businesses
and individuals.
Mr. C. T. Ashby, 1213 Howbert Avenue, S. W., appeared before
Council and advised that the City needs to know the reco~nendations of
the Corps of Engineers. He said the City should look at the project
through the eyes of environmentals, or through the eyes of those who
would see it as a means of increasing the fitness of our citizens, or
through the eyes of businesses that might find their employees coming
to work along the river or using the river as a way to walk, ride
bicycles, jog or a place to take a break during the eight hour work
day, or through the eyes of children or senior citizens who could walk
or ride along the banks of the river. He said the only way to look
through the eyes of these individuals is to use a participatory process
for which Roanoke is nationally known so that citizens and experts wil)
be involved at every level to review every available option.
Mr. Ashby requested that Council use the broadest possible citizen
involvement and the widest use of planning resources, both at the
local, state and national levels, to insure that the end result is not
only functional from the standpoint of flood control, but is also
aesthetically attractive and environmentally sound, while at the same
time maximizing the development of parks in the City.
Following considerable discussion of the matter, Resolution No.
29010 was adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......... ----7.
NAYS: None O.
51
m
FLOODS-FLOOD CONTROL: The City Manager submitted a written report
advising that floods along the Roanoke River have caused widespread
damage to businesses, residences and public property; that the U. S.
Army Corps of Engineers has been involved in flood reduction studies
along the Roanoke River since 1970; that after reviewing numerous
alternatives, the Corps recommended a flood reduction project con-
sisting of channel widening, augmented by flood training walls and
earthen dikes, and the recommended project would also include
recreation facilities such as a walking/biking trail.
It was noted that City staff met with the Corps of Engineers to
review issues that must be resolved before the project can move forward
to completion; that the s~aff has also conducted briefings to inform
businesses and citizens about the project, and comments were generally
favorable, with unfavorable comments dealing with aesthetics.
It was explained that a General Design ~emorandum (G.D.M.) by the
Corps of Engineers must be completed by Mal'~h 15, 1988, to remain on
the Corps schedule; that since the G.D.M. details specific design ele-
ments along the river, the City needs to provide input on specific
design issues; that the estimated cost computed by the Corps of
Engineers is $24.5 million with Roanoke City's (non-federal) share at
$9.0 million; and these figures include floodproofing the Sewage Treat-
ment Plant, replacing the Wiley Drive Low Water Bridges, constructing
pedestrian bridges, and enhancing the aesthetic quality of the project.
The City Manager advised that the Corps of Engineers has estimated
the annual maintenance cost to Roanoke City for this project at
$82,000.00 (1986 dollars); that State funding for the recreation por-
tion of the project can be pursued from the Virginia Department of
Transportation Access Funds and the Virginia Department of Transporta-
tion Bicycle Access Funds; that Federal funding for construction during
fiscal year 1989-90 is dependent on Roanoke City executing an updated
letter of intent by March 15, 1988, and executing a Local Cooperative
Agreement by the fall of 1988.
With reference to Local Cooperative Agreements (L.C.A.), the City
Manager advised that they are binding agreements between the U. S. Army
Corps of Engineers and local governments that outline financial and
operational obligations of the Corps and the local government; and the
L.C.A. must be executed prior to an appropriation from Congress for
the Federal share of construction funds.
The City Manager recommended that Council take the following
actions:
Endorse the concept of an enhanced flood reduction
and recreation project on the Roanoke River within
Roanoke City.
Authorize the City Manager to file necessary appli-
cations for grants from the VDOT and the Virginia
Commission on Outdoor Recreation to help defray
portions of the recreation component cost.
Direct the City Manager to inform the U. S. Army
Corps of Engineers, Wilmington District, of the
following final design details to be included in
the G.D.M.:
Include floodproofing at the Sewage
Treatment Plant as part of the project
design and construction.
Include three pedestrian bridges as part
of the project design and bid as an
alternate.
Include replacement of the two Low Water
Bridges as part of the project design and
bid as an alternate.
(For full text, see report on file in the City Clerk's Office.)
52
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#29011) A RESOLUTION authorizing the City Manager to file the
necessary applications with the appropriate state and federal agencies
for certain c~nponents of the Roanoke River Flood Reduction Project and
to finalize certain design details of the project, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 488.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. 7.
NAYS: None ................
Oe
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
written report concurring in a report of the Bid Committee with
reference to bids on refuse trucks.
The Bid Committee recommended that the low bid submitted by
Dickerson GMC Truck-Peterbilt, Inc., for three new cabs/chassis, for a
total amount of $1//,642.00, be accepted, and that all other bids be
rejected; and further recommending that Council appropriate $177,642.00
from Capital Maintenance and Equipment Program to Refuse Collection
Department, Account No. 001-052-4210-9010, to provide sufficient funds
for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29012)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 489.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ............... 6.
NAYS: None .......... O.
(Vice-Mayor Musser was out of the Council Chamber.)
Mr. Trout offered the following emergency Ordinance:
(#29013) AN ORDINANCE providing for the purchase of three (3) new
refuse truck cab/chassis for use by the City, upon certain terms and
conditions, by accepting a bid made to the City for furnishing and
delivering such equipment; and rejecting the other bids made to the
City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 489.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey and
Mayor Taylor ............... 6.
NAYS: None ..................
(Vice-Mayor Musser was out of the Council Chamber.)
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City ot~ Roanoke (1979), as
amended, establishing a procedure for the election of School Board
Trustees, Council must hold certain meetings and take certain actions
during the months of March, April and May to conform with the selection
process; whereupon, Council established the following dates:
On Monday, March 14, 1988, at 6:00 p.m., in the
Lobby (second floor) of the Municipal Building,
Council will hold an informal meeting which shall
be open to the public with all candidates for
school trustee.
On Monday, March 28, 1988, at 7:30 p.m., in the
Auditori,~n of the William Fleming High School,
Council, as a committee of the whole, will review
and consider all candidates for the position of
school trustee. At such meeting, Council will
review all applications filed for the position and
Council may elect to interview candidates for such
posi ti ons.
On Monday, April 4, 1988, at 2:00 p.m., Council
will, by public vote, select from the field of can-
didates, those candidates to be accorded the fomal
interview and ali other candidates will be elimi-
nated from the school trustee selection process.
The number of candidates to be granted the inter-
view shall not exceed three times the number of
positions avail able on the Roanoke City School
Board, should there be so many candidates.
On Monday, April 25, 19~8, at 7:30 p.m., or as soon
thereafter as the matter may be heard, and prior to
the public interview of candidates for school
trustee required by §9-21, the Council will hold a
public hearing to receive the views of citizens.
On Thursday, April 28, 1988, at 7:00 p.m., in the
City Council Chamber, Council will hold a meeting
for the purpose of conducting a public interview of
the remaining candidates for school trustee.
On Monday, May 2, 1988, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
hold an election at a regular or special session of
the Council to fill the vacancies on the Roanoke
City School Board.
(For full text, see report on file in the City Clerk's Office.)
At 4:05 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for replacement of comminuters with mechanical bar screens at
the Water Pollution Control Plant, presented a written report on behalf
of the Committee, recommending that Council authorize the City Manager
to enter into a contractual a§reement with Structures & Utilities
Company, Inc., in the amount of $510,500.00 and 160 consecutive calen-
dar days for completion of the work; that Council appropriate
$370,000.00 from Retained Earnings and transfer $180,000.00 from
Account No. 003-056-8427-9065 (Replacement of Comminuters) to
Maintenance of Equipment, Account No. 003-056-3155-2048, for a total
amount of $550,000.00, which provides $510,500.00 for the contract
amount, plus a contingency amount of $39,500.00; and that all other
bids be rejected.
54
The City Manager submitted a written report concurring in the
recommendations of the Colm'~)ittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following energency budget Ordinance:
(529014) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an ~nergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 490.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....... 7.
NAYS: None ..............
Mr. Garland offered the following emergency Ordinance:
(#29015) AN ORDINANCE accepting the bid of Structures & Utilities
Co., Inc., for the replace~nent of comminuters with 4' mechanical bar
screens at the Water Pollution Control Plant, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 491.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........................ 7.
NAYS: None ................
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for new concrete sidewalks, entrances, curb and gutter, pre-
sented a written report on behalf of the Committee recommending that
Council accept the bid of L. H. Sawyer Paving Company, Inc., in the
amount of $361,554.00, and establish a contingency, in the amount of
$18,000.00, for a total not to exceed $3?9,554.00; that Council approve
transfer of $339,579.00 from the 1985 Series of Public Improvement
Bonds Streets and Bridges Category, Account No. 008-052-957/-9181, and
$39,975.00 from the Undesignated Capital Funds Account, to an account
to be established by the Director of Finance; that this action will
complete the expenditure of $1.1 million from the 1985 Series of Public
Improvement Bonds intended for sidewalks, curb and gutter; and that
all other bids be rejected.
The City Manager submitted a written report concurring in the
recommendations of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29016)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certatn sections of
Capital Fund Appropriations, and providing for an
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 491.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. 7.
NAYS: None ........ .0.
I
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(~29017) AN ORDINANCE accepting the bid of L. H. Sawyer Paving
Company, Inc., for construction of new concrete sidewalks, entrances,
curb and gutter, upon certain rems and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 492.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None ............
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: Council
member Robert A. Garland, Chairman of a committee appointed by the
Mayor to tabulate bids received for alterations and additions to the
Knights of Pythias Building for use by the Fifth District Employment
and Training Consortium and Employment Services, presented a written
report on behalf of the Committee, recommending that Council authorize
the City Manager to enter into a contractual agreement with Construc-
tion Services of Roanoke, Inc., in the amount of $128,000.00 and 130
consecutive calendar days for completion of the work.
It was further recommended that Council approve transfer of
$36,607.00 from Capital Projects Fund Jail Pod Addition, Account No.
008-052-9505-9003, and $44,893.00 from General Fund Capital Maintenance
of Fixed Assets, Account No. 001-002-9410-2201 to Capital Projects
Fund, Account No. 008-054-9589-9003 {Knights of Pythias Renovation),
for a total project amount of $140,000.00, $128,000.00 contract amount
plus $12,000.00 contingency.
The City Manager submitted a written report concurring in the
recommendations of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29018) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 493.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........ --7.
NAYS: None O.
Mr. Garland offered the following emergency Ordinance:
(#29019) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Inc., for the construction of alterations and additions to
the Knights of Pythias Building, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 493.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
55
56
ACTION:
ACTION:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .......... --7.
NAYS: None---
BUDGET-SEWERS AND STORM DRAINS: Council member Elizabeth T.
Bowles, Chain~an of the Water Resources .Committee, presented a written
report on behalf of the Committee, recommending that Council authorize
a contract with Cooper Industries, the only source practically avail-
able, to overhaul No. 7 blower engine at the Water Pollution Control
Plant, at a cost of $82,975.36, and transfer $82,975.36 from Sewage
Treatment, Account No. 003-056-3150-2010 to Maintenance Account No.
003-056-3155-2048.
A staff report pointed out that three blowers for aeration of
tanks are powered by 1600 horsepower White Superior Engines (Nos. 6, 7
and 8); that No. 6 blower engine was overhauled in July, 1987; that No.
7 blower engine is not operational and specifications are being pre-
pared for replacement; that parts for overhaul are only available from
the manufacturer, Cooper Industries; that labor for a major overhaul
takes three mechanics fourteen days to complete the job; that Cooper
Industries has submitted a proposal for overhaul of No. 7 blower engine
at a cost of $60,526.60; that additional parts required to complete the
overhaul increases the cost to $82,975.36; that competitive bids were
not requested as the manufacturer is the only source for parts; and
purchasing parts and contracting the labor from anyone other than the
manufacturer could create serious problems with equipment warranties,
therefore, Cooper Industries is the only source practically available
for the needed parts and services.
It was explained that No. 6 blower engine is the only large blower
engine operational; that presently there is not sufficient backup if
this engine fails to run; that No. 8 blower is in such condition that
total replacement may be necessary; and labor cannot be performed by
plant personnel due to the scope of the work.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29020) AN ORDINANCE to amend and reordain certain sections of
the 1987-8B Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 494.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... 7.
NAYS: None ..........
Mrs. Bowles offered the following emergency Ordinance:
(#29021) AN ORDINAl;CE accepting the bid of Cooper [~,dustries, for
overhaul of No. 7 blower engine at the Water Pollution Control Plant,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 495.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor- 7.
NAYS: None .... O.
ACTION:
BUDGET-WATER DEPARTMENT: Council member Elizabeth T. Bowles,
Chairman of the ttater Resources Committee, presented a written report
on behalf of the committee, recommending that Council authorize
appropriation of $320,000.00 from the Water Fund Retained Earnings to
Water Department Account No. 002-056-8311-9003, Capital Outlay from
Revenue - New Services, Hydrants and Lines.
A staff report pointed out that Council approved funds in the
fiscal year 198/-88 budget, in the amount of $324,434.00, for Water
Fund Account No. 002-056-8311-9003, New Services, Hydrants, and Lines;
that this was an estimate of funds needed to cover the cost of
installation of customer requested work such as domestic services, fire
services, water lines under main extension agreements and Water
Department required work on storm drain and highway projects; that the
majority of the work is reimbursed by customer fees; and revenue from
Connection Charges and Customers Work through December 31, 198/,
amounted to $145,508.60.
It was explained that the December 31, 1987, Water Fund Account,
New Services, Hydrants, and Lines shows expenditures of $385,830.41 and
an encumbrance of $1,945.00 for an over-expenditure of $63,341.41; that
the over-expenditure has resulted from the current building boom with
an increased requirement for customer services related to the many com-
mercial, industrial, residential developments and several storm drain
and highway projects.
The staff report further pointed out that appropriation of
$320,000,00 from Water Fund Retained Earnings is needed to cover the
over-expenditure and to provide necessary funds for New Services,
Hydrants, and Lines, Account No. 002-056-8311-9003, through June 30,
1988, based on the best available estimate of the number of services
required in three shopping centers, separate commercial developments,
residential areas and water main extensions underway.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29022) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 495.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ............. 7.
NAYS: None .......... O.
SPECIAL PERMITS: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, recommending that Council grant, upon written approval
by the City of a site plan to be submitted by Signet Bank, and upon
approval of the Virginia Department of Transportation, a permit revo-
cable upon sixty days notice by the City to Signet Bank allowing them
to encroach, for parking and landscaping only, upon the right-of-way of
Orange Avenue, N. E., adjacent to Official Tax No. 7090511, with the
permit to be incorporated in the authorizing ordinance, in a form
acceptable to the City Attorney, with standard provisions to indemnify
arid hold the City harmless from any damages resulting from the peti-
tioners use of the area and requiring public liability insurance with
the City as an additional insured.
A staff report pointed out that the Virginia Department of Trans-
portation acquired right-of-way beyond their immediate need on the
southwest corner of Orange Avenue, N. E., at King Street when Orange
Avenue was widened and improved some years ago; that traffic volumes at
this location have necessitated a traffic signal system at this inter-
section; that current and future traffic volumes will require extensive
57
58
ACTION:
ACT ION:
future improvements to the capacity of the road system in the Orange
Avenue, N. E. (U.S.-460) corridor; that possible improvements may
include right turn lanes at intersections, upgrading Orange Avenue from
four to six lanes, upgrading King Street from two to four lanes, etc.;
and future need in the area makes it necessary to retain all rights-of-
way currently in public ownership and to anticipate extensive future
acqui sitions.
It was explained that Signet Bank has acquired a parcel of pro-
perty on the southwest corner of the intersection identified as
Official Tax No. 7090501; that the Bank has requested a revocable per-
mit to allow the encroachment of their parking area, and portions of
their landscaping, into the currently unused right-of-way of Orange
Avenue, N. E.; that Signet Bank agrees to comply with site plan provi-
sions when if the permit is revoked; that the Virginia Department of
Transportation retains control of rights-of-way of federal numbered
highways, with the City's revocable permit to be subject to VDOT appro-
val; and Engineering and Planning Department personnel have reviewed
the proposal in conjunction with their site plan review, and support
same.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29023) AN ORDINANCE granting a revocable license for an
encroachment upon certain public right-of-way to Signet Bank/Virginia,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 497.)
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .............. 7.
NAYS: None-- O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-RED CROSS: Ordinance No. 28998 granting to the
American Red Cross, Roanoke Valley Chapter, a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, February 22, 1988,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#28998) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 482.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........... 7.
NAYS: None .................. O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
I
ACT[ON:
59
OTHER HEARINGS OF CITIZENS: NONE.
ACTION:
At 4:35 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance.
ROANOKE ARTS COMMISSION: The Mayor advised that there is a
vacancy on the Roanoke Arts Commission created by the resignation of
F. Blair Wimbush for a term ending June 30, 1990, and called for nomi-
nations to fill the vacancy.
Mr. Garland placed in nomination the name of Vicki Stauffer.
There being no further nominations, Ms. Stauffer was elected as a
member of the Roanoke Arts Commission for a term ending June 30, 1990,
by the following vote:
FOR MS. STAUFFER: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ................... ?-
YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation
of John T. Hasselmann for a term ending May 31, 1988, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Harriett A. Vance.
There being no further nominations, Ms. Vance was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of John T. Hasselmann, for a term ending May 31, 1988, by the following
vote:
FOR MS. VANCE: Council members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ...... ' ......... l.
There being no further business, the Mayor declared the meeting
adjourned at 5:40 p.m.
ATTEST: p~
City C1 erk
APPROVED
60
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
March 14, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, March 14, 1988, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor Noel C.
Taylor ............................................... 6.
ABSENT: Council member James O. Trout
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of ~erica
was led by Mayor Taylor.
PUBLIC HEARINGS:
ACT[ON:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, March 14, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Martin R.
Willis, Attorney, representing H. R. Turner and Son, Inc., that por-
tions of Light Street, N. E., between Eastern Avenue, and Edmund
Avenue, bounded by Official Tax Nos. 3210329, 3210313, 3210616 and
3210601, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 26, 1988, and Friday, March 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29025) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 502.)
The motion was seconded by Mr. Musser.
Mr. Martin R. Willis appeared before Council in support of the
request of his client.
No person wishing to address Council with regard to the matter,
Ordinance No. 29025 was adopted on its first reading by the following
vote:
m
m
ACT[ON:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ............. 6.
NAYS: None ..................
(Council member Trout was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 14, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. Robert N. McCadden
that a tract of land containing 0.1 acre, more or less, located at 1630
Loudon Avenue, N. W., more specifically described as Official Tax No.
2212001, be rezoned from LM, Light Manufacturing District, to CN,
Neighborhood Commercial District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 26, 1988, and Friday, March 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, advising that the existing building was originally
intended for, and has been used in the past, as a neighborhood grocery
store; that the petitioner purchased the property with the intent of
rehabilitating the structure for a neighborhood grocery store, and
acquired building permits to meet code requirements prior to the effec-
tive date of the zoning ordinance amendments of 1987, which limited LM
zoned property Lo industrial uses, was before Council.
The Planning Commission further advised that the existing zoning
and land use issues which are exemplified in the rezoning request are
typical of many of the City's neighborhoods that were zoned for busi-
ness or industrial purposes, but have remained residential and have
experienced spotted commercial development; and CN zoning is the most
appropriate alternative to allow a reasonable and desirable use of the
subject properly.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29026) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (19/9), as amended, and Sheet No. 221, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 503.)
The motion was seconded by Mr. Harvey.
Mr. Robert W. McCadden appeared before Council in support of his
request.
No persoo wishing to address Council with regard to the matter,
Ordinance No. 29026 was adopted on its first reading by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ........... 6.
NAYS: None .............
(Council nmmber Trout was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 14, 1988, at 7:30 p.m., or as soon thereafter
as the mat'ter may be heard, on the request of Mr. Daniel F. Layman,
Jr., Attorney, representing Berglund Chevrolet, Inc., that two tracts
of land located on the east side of Peters Creek Road, N. W., south of
61
62
ACTION:
its intersection with Cove Road, N. W., identified as Official
Tax Nos. 6370106 and 6370107, containing 5.526 and 11.340 acres,
respectively, be rezoned from RM-2, Residential Multi-Family, Mediu.~
Density District, to C-2, General Commercial District, subject to cer-
tain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 26, 1988, and Friday, March 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit construction of two new automobile dealer-
ships with accompanying service facilities, and recommending that the
request be approved; further advising that before the rear portion
(eastern most seven acres) of the property can ever be used and deve-
loped, the applicant will have to submit a site plan for the Planning
Commission's review and approval, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29027) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 504.)
The motion was seconded by Mrs. Bowles.
Mr. Daniel F. Layman, Jr., appeared before Council in support of
the request of his client.
No person wishing to address Council with regard to the matter,
Ordinance No. 2902/ was adopted on its first reading by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor .................................. 6.
NAYS: None ............................................
(Council member Trout was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, March 14, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Ms. Maryellen F.
Goodlatte, Attorney, representing Mr. and Mrs. George R. Preas that a
tract of land lying behind and to the right of Piccadilly Square Shop-
ping Center, containing .71 acre, more or less, located at 3121
Franklin Road, S. W., identified as Official Tax Nos. 1290111, 1290118
and 1290117, be rezoned from RS-3, Residential Single-Family District,
to C-2, General Co~nercial District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
February 26, 1988, and Friday, March 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the expansion of Piccadilly Square Shop-
ping Center, and recommending that the request be approved, was before
Council.
ACT[ON:
The Plannin9 Commission advised that the property was not viable
for residential develo~nent and that the applicant has made every
effort to make the development compatible with the neighborhood; and by
separate motion, the Commission requested that the staff conduct a
study of the area to determine its most appropriate use and to develop
a plan for the orderly redevelopment and/or preservation of the area.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the followin9 Ordinance be placed upon ils
first reading:
(#29028) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 505.)
The motion was seconded by Mr. Garland.
Ms. Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
No person wishing to address Council with regard to the matter,
Ordinance No. 29028 was adopted on its first reading by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ................ 6.
NAYS: None ..................................................... O.
(Council member Trout was absent.)
63
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, and a matter pertaining to a prospective business
or industry where no previous announcement has been made.
MINUTES: Minutes of the regular meeting of Council held on
Monday, February 8, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Musser moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ........ 6.
NAYS: None ...... O.
(Council member Trout was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-3q4 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Musser moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ....................................... 6.
NAYS: None--
(Council member Trout was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to a prospective business or
industry where no previous announcement has been made, pursuant to
Section 2.1-344 (al (4), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to a prospective business or industry where no previous announcement
has been made, pursuant to Section 2.1-344 (al (4), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor-- 6.
NAYS: None ....... O.
(Council member Trout was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CHURCHES-SPECIAL PERMITS-TAXES: Ms. Lea L. Lautenschlager,
Attorney, representing Faith Christian Fellowship of Roanoke, Virginia,
also known as Valley Christian Center, appeared before Council and
requested authorization for the Church to hold more than four acres of
land in the City of Roanoke.
Ms. Lautenschlager advised that Valley Christian Center currently
leases its church facilities at 3016 Angell Avenue, N. W.; that mem-
bership is outgrowing the current location and wish to provide for
larger church facilities, and in order to do so, they propose to
purchase property located at 320 Huntington Boulevard, N. E., con-
taining approximately 7.95 acres upon which they propose to build new
church facilities.
It was explained that Section 57-12 of the Code of Virginia, 1950,
as amended, prohibits a church from holding more than four acres of
land in a City unless the local governing body passes an ordinance
allowing the church to hold in excess of four acres, not to exceed
fifty acres of land; that Valley Christian Center currently owns no
real estate in the City of Roanoke, and currently has no plans
regarding the development of the property other than the construction
of the church building; and on behalf of the Church, she requested that
an ordinance be adopted allowing the Church to hold a total of eight
acres.
It was further explained that Valley Christian Center has entered
into a contract dated February 21, 1988, to purchase the 7.95 acre
tract, which contract provides for settlement to be made within thirty
days from the date of the contract (March 22, 1988); that because of
65
the time constraints which were imposed by the seller, Ms.
Lautenschlager respectfully requested that the matter be discussed at
the March 14, 1988, meeting of Council or at the earliest possible
oppor t unity.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Musser offered the following Ordinance:
"AN ORDINANCE authorizing the Trustees of Faith
Christian Fellowship of Roanoke, Virginia, also
known as Valley Christian Center, to take and hold
more than four acres of land in the City, and pro-
viding for an emergency."
ACTION: Mr. Musser moved the adoption of the Ordinance.
seconded by Mr. Harvey.
The motion was
Mr. Charles R. Minter, 4611 Oakland Boulevard, N. W., Vice
President of the Williamson Road Action Forum, Inc., appeared before
Council and expressed concern of Williamson Road area citizens and mem-
bers of the Williamson Road Action Forum relative to preservation of a
house known as "Huntingdon" which is located on the property in
question. He explained that "Huntingdon" was constructed around 1820
on a 500 acre plantation by an early set~ler in the area; and a noted
historian wrote a number of years ago that "Huntingdon" is the oldest
structure still standing in Roanoke City or County. He said it is felt
that "Huntingdon" must be preserved for our heritage and for genera-
tions to come as a historical landmark, and asked that Council delay
action on the request for an exception to Virginia laws governing the
amount of acreage that a church group may own in the City. He stated
that it is also felt that citizens of the Williamson Road area, the
City of Roanoke and the Roanoke Valley as a whole should have an oppor-
tunity to evaluate plans for preservation of "Huntingdon".
Ms. Ora Belle McColman, 2123 Tenth Street, N. W., appeared before
Council and advised that she is a member of the Williamson Road Action
Forum, a concerned citizen and a history buff. She said she is opposed
to the purchase of the property by the Church if it means that
"Huntingdon" will not be preserved. She observed that "Huntingdon" is
the only historical structure located in the Williamson Road area, and
it is also one of tile oldest structures still standing in the Roanoke
Valley. She said that she is in favor of restoration of "Huntingdon"
and asked that Council deny the request of Valley Christian Center.
ACTION:
Mrs. Bowles advised that she has received numerous telephone calls
from citizens in the Williamson Road area expressing the same concerns
as those which were expressed by Mr. Minter and Ms. McColman; where-
upon, she offered a substitute motion that the matter be referred to
the City Manager for report to Council on the best use of the property.
The motion was seconded by Mr. Harvey.
Mr. Musser called attention to the historical significance of the
structure, noting that "Huntingdon" should be preserved. He referred
to an individual who has stated that he would be willing to contribute
funds toward the preservation of the house if other citizens were
inclined to do likewise.
Mr. Musser stated that he would like for the City Administration
to conduct a study to determine the number of structures in the City of
Roanoke that are considered to be of historical value. Also, he asked
that the City Manager be requested to closely monitor those parcels of
land which are being converted to non-taxable properties.
Question was raised as to whether or not the Church could use
"Huntingdon" as a meeting place; whereupon, Ms. Lautenschlager advised
that the Church does not plan to use the entire 7.95 acres; however,
the Trustees of the Church and the membership are well aware of the
historical significance of the structure, and they will give a great
deal of consideration to possible uses. She pointed out that the
building has been substantially damaged by fire and it will be
necessary for an architect and engineer to determine if the structure
can be restored for current use.
Mr. Harvey advised that renovation of a historical structure can
be extremely expensive, and suggested that the City consider the feasi-
bility of providing some type of assistance to property owners whose
structures are deemed to be historical showplaces.
The City Manager advised that if it is the desire of Council that
he determine whether or not "Huntingdon" is salvageable, he will
endeavor to obtain a right of entry from the property owner.
Question was raised relative to the contract for purchase of pro-
perty; whereupon, Ms. Lautenschlager advised that the contract is dated
February 21, 1988, and it provides for agreement within thirty days of
the contract, with a fifteen day extension to be allowed by the seller
if requested by the purchaser, noting that the thirty days will expire
on March 22 and the fifteen day extension will expire on April 6. The
Mayor pointed out that Council will meet in regular session on Monday,
March 28, 1988, which will provide sufficient time for report by the
City Manager and appropriate action by Council.
Ms. Lautenschlager advised that she had been requested by her
client to ask that Council vote, either for or against the request
inasmuch as the Church is operating under a tight timeframe regarding
the contract for purchase and court approval for encumbrance.
Mr. Richard S. Hogue, 2701 Summitt Ridge Road, N. W., Trustee of
Valley Christian Center, appeared before Council and advised that it
appears the public at-large in the area is dictating to a private lan-
downer what he can or cannot do with his property. He said the Church
is only looking for a place to worship. He pointed out that he has
thoroughly inspected the structure and called attention to the amount
of money, time and effort that will be required to restore
"Huntingdon". He explained that the Church has not made a decision as
to whether or not it will restore "Huntingdon" and representatives are
now meeting with architects who will be able to give them advice on the
condition of the structure, after which time they will be in a position
to make a decision. He said he would venture to say, based on advice
by individuals in the building profession, that it would cost approxi-
mately $200,000.00 to restore the structure. He noted that the
question then becomes, who will live in the house and who will maintain
it. He assured Council and the neighbori~ood that by the time the
Church is involved physically and financially, the property will once
again be beautiful. He stated that he could not guarantee that
"Huntingdon" will remain on the site ten years from now, but the Church
will do everything it can to place the property in better condition
that it is presently.
Following considerable discussion, the substitute motion offered
by Mrs. Bowles, seconded by Mr. Harvey, that the City Manager be
requested to report to Council at the regular meeting on Monday,
March 28, 1988, with regard to the best use of the structure, was
adopted. Additions to the motion that the City Manager be requested to
conduct a study to determine the n~nber of structures in the City of
Roanoke that are considered to be of historical value; that the City
Manager be requested to closely monitor those parcels of land which are
being converted to non-taxable properties; and that the City Manager be
requested to study the feasiOility of pt.)riding some type of assistance
to those property owners whose structures are deemed to be historical
showplaces, were also adopted.
ACTS OF ACKNOWLEDGEMENT-SCttOOLS: On Saturday, March 12, 1988, the
Patrick Henry High School basketball team defeated Robert E. Lee High
School of Springfield 54-47 to win the State Group AAA High School
Basketball Championship, and in honor of their outstanding accomplish-
ment, the Mayor and members of Council invited the members of the team
and their coaches to the Council meeting for appropriate recognition.
Dr. Frank P. Tota, Superintendent of Schools, appeared before
Council and commended the team, and introduced Dr. Elizabeth Lee,
Principal of Patrick Henry High School, who also presented words of
commendation.
Coach Woody Deans introduced the members of his team as well as
the members of his coaching staff.
67
ACTION:
ACTION:
Mr. Bowers offered the following Resolution:
(#29024) A RESOLUTION commending the Patrick Henry Patriots
basketball team and their coach, Woody Deans, on winning the State
Group AAA High School Basketball Championship.
(For full text of Resolution, see Resolution Book No. 50, page 498.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor .... 6.
NAYS: None ....... O.
(Council member Trout was absent.)
On behalf of the members of Council, the Mayor presented the cap-
tain of the basketball team with a framed copy of the above resolution.
Mayor Taylor presented Coach Deans with a plaque from the members
of Council with the following inscription:
PRESENTED TO
PATRICK HENRY HiGH SCHOOL
PATRIOTS
WINNERS OF THE 1988 STATE BASKETBALL AAA GROUP
BY
THE MAYOR AND MEMBERS OF ROANOKE CITY COUNCIL
March 14, 1988
Mr. Musser requested that a copy of the resolution, appropriately
framed, be forwarded to each member of the championship team.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CENTER-IN-THE-SQUARE-SPECIAL PERMITS: The City Manager submitted
a written report advising that Center-in-the-Square celebrated its
grand opening in December, 1983; that Council granted permission to fly
Center-in-the-Square logo flags in the Market area during December,
1984, in celebration of its first anniversary; and again in October,
1985, while exterior signage was being fabricated and installed; and
Center-in-the-Square is launching a fund raising campaign for the
Center's expansion project on March 22, 1988.
It was explained that by letter dated February 23, 1988, Linda W.
Pharis, Director of Communications, requested permission to fly
Center-in-the-Square logo flags from street lighting poles in the
central business district for the period of March 22, 1988, through
June 1, 1988.
The City Manager recommended that Council adopt the appropriate
measure granting permission to the Western Virginia Foundation for the
Arts and Sciences to fly Center-in-the-Square logo flags from street
lighting poles in the central business district of the City from
March 22, 1988, through June 1, 1988.
(For full text, see report on file in the City Clerk's Office.)
68
ACT[ON:
ACTION:
ACTION:
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(~29029) AN ORDINANCE granting to the Western Virginia Foundation
for the Arts and Sciences, a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain rems and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 506.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor .............. 6.
NAYS: None ..............................
--0o
(Council member Trout was absent.)
BUDGET-PUBLIC WORKS-EQUiPMENT: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to purchase of a new forklift truck.
The Bid Committee recommended that Council accept the bid sub-
mitred by Homestead Materials Handling, in the total amount of
$28,727.00, and reject the other bid; and that Council transfer
$28,72?.00 from the General Fund Capital Maintenance and Equipment
Replacement Program to the Internal Service Fund, Motor Vehicle
Maintenance Department, Account No. 006-052-2641-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29030) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 499.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ....... §.
NAYS: None ............
O.
(Council member Trout was absent.)
Mr. Harvey offered the following emergency Ordinance:
(#29031) AN ORDINANCE providing for the purchase of one (1) new
forklift truck for use by the City, upon certain terms and conditions,
by acceptin9 a bid made to the City for furnishing and delivering such
equipment; and rejecting the other bid made to the City; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 500.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ..... 6.
NAYS: None ..... O.
(Council member Trout was absent.)
69
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council member Robert A. Garland,
Chaim~an of a committee appointed by the Mayor to tabulate bids
received to remove, transport and dispose of digested, lagooned sludge
from the Water Pollution Control Plant, presented a written report on
behalf of the Committee transmitting the following recommendations:
Authorize the City Manager to enter into a contrac-
tual agreement with Bio Gro Systems, Inc., for the
removal of a minimum of 5,000 dry tons of digested
sludge from the Water Pollution Control Plant at
the unit price of $/3.78 per dry ton or $368,900.00
in a total time frame of one year. The work is to
be done in accordance with the contract documents
as prepared by the City Engineer's Office.
Approve the s~n of $368,900.00 from Fees for
Professional Services, Account No. 003-056-3150-
2010 for the project. Any additional hauling that
might be required during the time of the yearly
contract, shall be submitted to Council for appro-
val. Each yearly renewal will also be submitted to
Council for approval.
Reject the other bids received.
The City Manager submitted a written report concurring in the
reco~b~endations of the Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
I
ACTION:
(#29032) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 500.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ................................. 6.
NAYS: None .........................
O.
(Council member Trout was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29033) AN ORDINANCE accepting a proposal and awarding a
contract for removal and disposal of sludge from the Water Pollution
Control Plant; authorizing the proper City officials to execute the
requisite contract documents; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 501.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor .................... 6.
NAYS: None .................
O.
(Council member Trout was absent.)
UNFINISHED BUSINESS: NONE.
70
ACTION:
ACTION:
ACTION:
ACT[ON:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREET NAMES: Ordinance No. 29004 renaming certain streets in the
northeast and northwest quadrants of the City; and providing for
various forms of notices to be given thereof, having previously been
before the Council for its first reading on Monday, March 7, 1988, read
and adopted on its first reading and laid over, said Ordinance to take
effect on June 1, 1988, was again before the body, Mr. Harvey offering
the following for its second reading and final adoption:
(#29004) AN ORDINANCE renaming certain streets in the northeast
and northwest quadrants of the City; providing for various forms of
notices to be given thereof; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 496.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Taylor ...................................... 6.
NAYS: None ............
(Council member Trout was absent.)
SPECIAL PERMITS: Ordinance No. 29023 granting a revocable license
for an encroachment upon certain public right-of-way on Orange Avenue,
N. E., to Signet Bank/Virginia, having previously been before the
Council for its first reading on Monday, March 7, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#29023) AN ORDINANCE granting a revocable license for an
encroachment upon certain public right-of-way to Signet Bank/Virginia,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 497.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ......... 6.
NAYS: None ...............
(Council member Trout was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
HEALTH DEPARTMENT: The Mayor advised that the City Engineer's
Office has advertised for bids to be received on Monday, March 21,
1988, for replacement of the heat p~p system at the City Health Center
Building; that according to the advertisement, the bids will be opened
before Council at its meeting at 2:00 p.m,, on that afternoon; and with
the cancellation of the Council meeting on March 21, another method
needs to be found for opening the bids. He further advised that the
City Manager has suggested that he appoint a Bid Committee to receive,
open and tabulate the bids, and prepare a written report for presen-
tation to Council for award of a contract.
Mr. Harvey moved that the Mayor be authorized to appoint the Bid
Committee. The motion was seconded by Mr. Musser and adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and James D. Ritchie as members of the committee.
OTHER HEARINGS OF CITIZENS: NONE.
ACT ! 0 N:
ACT X 0 N:
At 8:55 p.m., the Mayor declared the meeting in recess.
At 9:50 p.m., the meetin9 reconvened in the Council Chamber, with
Mayor Taylor presiding, and all members of the Council in attendance,
with the exception of Council member Trout.
HOUSING: The Mayor advised that the three year terms of Paul C.
Dress, Veron E. Holland and Lelia D. Bryant as members of the Fair
Housing Board will expire on March 31, 1988, that Ms. Bryant has
declined to serve another term, and called for nominations to fill the
vacancies.
Mr. Harvey placed in nomination the names of Paul C. Dress and
Veron E. Holland.
There being no further nominations, Mr. Dress and Ms. Holland were
reelected as members of the Fair Housing Board for terms of three years
each ending March 31, 1991, by the following vote:
FOR MR. DRESS AND MS. HOLLAND: Council members Bowers, Bowles,
Garland, Harvey, Musser and Mayor Taylor ........... 6.
(Council member Trout was absent.)
INDUSTRIES: The City Manager submitted a written report advising
that the City of Roanoke is being asked to sell 13.8 acres of land,
being Parcel lB in the Roanoke Centre for Industry and Technology, to
Sunlink Corporation; that Sunlink is the real estate division of Bell
Southern, a corporation which recently bought Universal Con~nunication
Systems; that Universal Communication Systems, which currently employs
240 people in the City of Roanoke will be building a 70,000 square foot
facility with an investment of $7,000,000.00 and expanding its w~rk
force by 100 to 150 people over the next several years; and with Bell
Southern as the owner of Universal Communication Systems, its potential
for future growth is enormous.
The City Manager recommended that he be authorized to execute a
contract providing for the following:
Sale of approximately 13.8 acres of land at the
Roanoke Centre for Industry and Technology specifi-
cally Parcel lB as outlined on a map attached to
the report, to Sunlink Corporation, a division of
Bell Southern at a price of $25,000.00 per acre,
for the construction of a 70,000 square foot build-
ing to be used by Universal Communication Systems.
Authorize the Mayor to execute the requisite deed
with Sunlink Corporation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29034) AN ORDINANCE authorizing the execution of an agreement
for purchase and sale relating to an approximately 13.820 acre parcel
in Roanoke Centre for Industry and Technology; and authorizing the exe-
cution of the requisite deed for conveying such property.
(For full text of Ordinance, see Ordinance Book No. 50, page 507.)
The motion was seconded by Mr. Bowers and adopted by the follow-
ing vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser and
Mayor Tayl or ............ 6.
NAYS: None ......... O.
(Council member Trout was absent.)
71
72
There being no further business, the Mayor declared the meeting
adjourned at 9:55 p.m.
APPROVED
City C~ erk
Mayor
72
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 28, 1988
7:30 p.m.
m
The Council of the City of Roanoke met in regular meeting in the
William Fleming High School Auditori~, 3649 Ferncliff Avenue, N. W., City of
Roanoke, on Monday, March 28, 1988, at 7:30 p.m., with Mayor Noel C. Taylor pre-
siding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Proce-
dure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution
No. 28889, adopted by the Council on Monday, December 7, 1987.
James G,
Tayl or-
PRESENT: Council members Elizabeth T.
Harvey, II, Howard E. Musser, David A.
Bowl es, Robert A. Garland,
Bowers and Mayor Noel C.
ABSENT: Council member James O. Trout- . .......1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Robert J. Lee,
Pastor, Church of God In Christ.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: Pursuant to Section 9-20, Preliminarj~ screening of can-
didates, of the Code of the City of Roanoke, 1979, as amended, and
Council' having previously agreed to review and consider all applica-
tions for appointment to the Roanoke City School Board, for terms com-
mencing July 1, 1988, and ending June 30, 1991, on Monday, March 28,
1988, the matter was before the body.
Council considered the following applications and certified the
individuals below named to receive the public interview on Thursday,
April 28, 1988, at 7:00 p.m., in the Council Chamber.
Marilyn C. Curtis
LaVerne B. Dillon
Emanuel C. Edwards
David K. Lisk
Velma Seif
James M. Turner, Jr.
BID OPENINGS:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for grading, landscaping and irrigation for Williamson Road Gate-
way Park, said bids to be received by the City Clerk until 4:30 p.m.,
on Monday, March 28, 1988, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
ACTION:
H & S Construction Company
Breakell, Inc.
$39,500.00
45,800. O0
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
74
ACTION: The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and George C. Snead, Jr., as members of the committee.
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for replacement of an existing diesel engine blower drive unit
with an electric motor at the Water Pollution Control Plant, said bids
to be received by tile City Clerk until 4:30 p.m., on Monday, March 28,
1988, and to be held, opened and read before the Council at 7:30 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
General Electric Company
Branch & Associates, Inc.*
$225,000.00
270,093.00
*Alterations to Bid
ACT[ON:
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and adopted.
ACTION: The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss the acquisition of real pro-
perty for public purpose, and a matter of pending litigation.
MINUTES: Minutes of the regular meeting ol~ Council held on
Tuesday, February 16, 1988, the special meeting of Council held on
Wednesday, February 17, 1988, and the regular meetings of Council held
on Monday, February 22, 1988, Monday, March 7, 1988, and Monday,
March 14, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or- 6.
NAYS: None ............
O®
(Council member Trout was absent.)
ELECTIONS: A communication from Mr. Alton B. Prillaman, Secre-
tary, Roanoke City Electoral Board, transmitting the following cer-
tified copies of the abstracts of votes cast in the dual party
Presidential Primary elections held in the City of Roanoke on March 8,
1988, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the Democratic Party Presidential
Preference Primary Election held on March 8, 1988
for
75
PRES [BE NT
Names of Candidates
Bruce Babbitt ................. 37
Michael S. Dukakis ............ 1,1/5
Dick Gephardt ................. 197
A1 Gore ....................... 2,141
Gary Hart ..................... 97
desse L. Jackson .............. 2,252
Lyndon LaRouche ............... 12
Paul Simon .................... 67
Uncommi tted ................... 80
Total Votes
Received
(In Figures)
We, the undersigned Electoral Board, upon exa-
mination of the official records deposited in the
office of the Clerk of the Circuit Court of the
election held on March 8, 1988, do hereby certify
that the above is a true and correct Abstract of
Votes cast at said Democratic Presidential
Preference Primary Election.
Givet-~ under our hands this loth day of March,
1988.
S/Melba C. Pirke~
S/Charles T. Green
S/Alton Bo Prillaman
A copy teste:
S/Alton B. Pri 1 laman
Chairman
Vice Chairman
Secretary
Secretary, Electoral Board"
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the Republican Party Presidential
Preference Primary Election held on March 8, 1988
for
PRES [DE NT
Names of Candidates
George Bush .................. 1,389
Bob Dole ..................... 820
Peter du Pont ................ 8
Alexander M. Haig, Jr ........ 11
Jack Kemp ..................... 123
Pat Robertson ................. 400
Uncommitted ................... 36
Total Votes
Received
(In Figures)
76
We, the undersigned Electoral Board, upon exa-
mination of the official records deposited in the
office of the Clerk of the Circuit Court of the
election held on March 8, 1988, do hereby certify
that the above is a true and correct Abstract of
Votes cast at said Republican Presidential
Preference Primary Election.
Given under our hands this lOth day of March, 1988.
S/Melba C. Pirke~
S/Charles T. Green
S/A1 ton B. Prillaman
Chairman
Vice Chairman
Secretary
A copy teste:
S/Alton B. Prillaman
Secretary, Electoral Board"
ACTION:
(See communication and Abstracts of Votes on file in the City Clerk's
Office.)
Mrs. Bowles moved that the communication and Abstracts of Votes be
received and filed. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or- 6.
NAYS: None- O.
(Council member Trout was absent.)
BUDGET: A report of the City Manager requesting the concurrence
of Council in a proposed budget study and adoption schedule for fiscal
year 1988-89, was before the body.
The proposed schedule is as follows:
BAY/DATE/TIME
ACTIVITY
Friday, April 15
Distribution of Manager's
Budget Proposals to City
Council
Monday, April 18
10:00 a.m.
City Manager's Press Con-
ference To Release Pro-
posed Budget
Monday, April 18
2:00 p.m.
Presentation of Proposed
Budget to City Council at
Regular Meeting of City
Council.
Tuesday, April 19
Advertisement of Public
Hearings on Proposed
Budgets and Tax Rates
Appears in Newspapers
Monday, April 25
9:00 a.m. - 12 noon
Pre-Public Hearing Budget
Review
Wednesday, April 27
7:30 p.m.
Monday, May 2
9 a.m. - 12 noon
Public Hearings on Pro-
posed Budget and Tax Rates
City Council/City Admini-
stration Budget Study
Session
Tuesday, May 3
9:00 a.m. - 12 noon
City Council/School Board
Budget Study Session
ACTION:
ACTION:
Tuesday, May 3
1:00 p.m. - 4:00 p.m.
City Council/City Admini-
stration Budget Study
Session
*Thursday, May 5
9:00 a.m. - 12 noon
1:00 p.m. - 4:00 p.m.
City Council/City Admini-
stration Budget Study
Session
Monday, May 9
7:30 p.m.
City Council consideration
of a Resolution directing
that a Special Meeting of
Council be held on Thurs-
day, May 12 at 2:00 p.m.,
to adopt a budget for FY
1988-89 and related ordi-
nances
Thursday, May 12
2:00 p.m.
Council adopts FY 1988-89
Budget and approves budget
related ordinances
Public Hearings on proposed budget and tax rates
will be held in the Civic Center Exhibition Hall.
Budget Study Sessions will be held in the Social
Services Conference Room, No. 306, Third Floor-
Municipal North.
*Thursday, May 5 - Budget Study Sessions are
optional.
(For full text, see report and schedule on file in the City Clerk's
Office.)
Mrs. Bowles moved that Council concur in the recommended budget
study schedule. The motion was seconded by Mr. Harvey and adopted by
the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........ 6.
NAYS: None ........ .0.
(Council member Trout was absent.)
PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: A communication
from Mr. Bobby L. Browning tendering his resignation as a member of the
Personnel and Employment Practices Commission inasmuch as he retired
from employment by the City of Roanoke on January 29, 1988, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication be received and filed,
and that the resignation be-accepted with regret. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ......... .6.
NAYS: None .........
(Council member Trout was absent.)
O.
ROANOKE ARTS COMMISSION: A report of qualification of Vicki
Stauffer as a member of the Roanoke Arts Commission for a term ending
June 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
77
78
ACT[ON:
ACT[ON:
ACT[ON:
ACT[ON:
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ..... 6.
NAYS: None ................... O.
(Council member Trout was absent.)
CITIZENS' SERVICES COMMITTEE: A report of qualification of
Alphonso McCain as a member of the Citizens' Services Committee for a
term ending June 30, 1988, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the report of qualification be received and
filed. The motion was seconded by Mr. Harvey and adopted by the
fol 1 .wi ng vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ............. 6.
NAYS: None .....................
(Council member Trout was absent.)
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (al (6), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 {al {6), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Harvey and adopted
by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........ 6.
NAYS: None--- O.
(Council member Trout was absent.)
BUDGET-REFUSE COLLECTION: A communication from Mr. John H,
Parr.ti, Chairman, Roanoke Valley Regional Solid Waste Management
Board, advising that in accordance with Section 10(c) of the Roanoke
Valley Regional Landfill Agreement, he is transmitting the budget recap
and revenue projections as approved by the Roanoke Valley Regional
Solid Waste Management Board for the upcoming 1988-89 fiscal year, was
before Council.
It was advised that the Regional Landfill Board has approved a
thirteen per cent increase in tipping fees for local governments and
private haulers, effective July 1, 1988; that the Board approved the
increase in tipping fees for local governments from $9.74 per ton to
$11.00 per ton and for private haulers from $11.55 per ton to $13.00
per ton; and the rate increase is necessary due to rising disposal
costs, future land development costs and new stringent solid waste
regulations scheduled for implementation later this year.
(For full text, see communication, budget recap and revenue projections
on file in the City Clerk's Office.)
Mrs. Bowles moved that the communication, budget recap and revenue
projections be received and filed. The motion was seconded by Mr.
Harvey and adopted by the following vote:
79
ACTION:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........................... 6.
NAYS: None .............
(Council member Trout was absent.)
COUNCIL: A report of the City's representatives on the Regional
Landfill Board requesting an Executive Session to discuss acquisition
of real property for public purpose, pursuant to Section 2.1-344
(al (2), Code of Virginia, 1950, as amended, was before the body.
Mrs. Bowles moved that Council concur in the request of the City's
representatives on the Regional Landfill Board to convene in Executive
Session Lo discuss acquisition of real property for public purpose.
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ................ 6.
NAYS: None ......... O.
(Council member Trout was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PLANNING: Mr. Michael
Commission, appeared before
Report.
M. Waldvo9el, Chairman, City Planning
Council and presented the 1987 Annual
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. Harvey moved that the 1987 Annual Report be received and filed
with appreciation for services rendered by the members of the city
Planning Commission to the ongoing progress and development of the City
of Roanoke. The motion was seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting appropriation of $221,791.00, representing the final
installment of the Schools' share of the Capital Maintenance and
Equipment Replacement Fund, to provide for the purchase of School
Instructional Council Equipment requests, instructional computer equip-
ment, replacement equipment for school cafeterias, equipment needs for
the Department of School Plants, and roof repairs at Woodrow Wilson
Junior High School, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of the Schools' share of the Capital
Maintenance and Equipment Replacement Program; that the appropriation
represents the final installment of the Schools' share of the CMERP
Fund; and recommending that Council concur in the request of the School
Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29035) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 508.)
80
ACTION:
Mrs. Bow]es moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the fo]lowing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ..................................... 6.
NAYS: None .............................
(Council member Trout was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEF INGS:
PLANNING-HISTORIC LANDMARKS: The Assistant City Manager presented
an oral briefing with regard to a preservation planning and development
strategy for the City of Roanoke.
Mr. Reynolds advised that as a matter of background, historic pre-
servation, in terms of building design and architecture, came to the
public forefront in Roanoke around the period of 19/5-197/ when the
City began working with citizens in the old southwest community rela-
tive to revitalization of that area. He stated that City Building and
Planning Development Programs between 1979-1982 emphasize the City's
history' and the need to renew or preserve certain features of the com-
munity. He explained that a few noteworthy projects which accrued
during the same time period were the old post office building renova-
tion, market building renovation, Fire Station No. I renovation,
Center-in-the-Square, and Courthouse renovation, as well as the
Harrison School Project.
The Assistant City Manager observed that in order to continue and
build upon the positive atmosphere that has been created by earlier
projects, the City's new Comprehensive Plan, which is known as Roanoke
Vision, took a very special approach to preservation planning by
creating a land development policy and developing zoning regulations
which have encouraged preservation and helped to protect historic pro-
perties. He added that a general survey of historic properties within
the City was done as a part of the Roanoke Vision Program, and revealed
that there are approximately eighty-five properties which are either on
the National Register for Historic Places or are eligible to be placed
on the National Register; and approximately twenty properties were
listed as needing additional evaluation to determine their status.
Mr. Reynolds pointed out that as a result of the Roanoke Vision
process and the Zoning Ordinance, another document was created known as
"Zoning and Preservation". He explained that the document is being
used somewhat as a guidebook on the State and National levels in terms
of recommendations for historical development within communities. He
further explained that other ordinance legislation which was passed
along with Roanoke Vision, and has helped in the area of preservation,
is the new H-2, Neighborhood Conservation Historic District. He added
that a new neighborhood commercial district was created kno~n as th~. CN
District to protect neighborhood shopping areas and to maintain
pedestrian and residential character. He said a new provision for spe-
cial uses in historic structures was included which provides for alter-
native uses in structures of historical merit by allowing a special
exception permit after review by the Architectural Review Board. He
stated that the Residential Plan Unit Development District was also
created to provide for increased density of housing units when an
existing building is preserved.
Mr. Reynolds commented that historic preservation has become a
popular issue in the last eighteen to twenty-four months and not just
for the City of Roanoke, but for the surrounding jurisdictions as well.
He referred to recent newspaper articles which show how historic houses
are being renovated in Salem, Lynchburg and Bedford. He said the State
of Virginia has begun to emphasize historical preservation, not only
for the merits of doing so, but also in the area of economic develop-
ment; that the Governor has appointed a comission to study historic
preservation on a statewide basis, and the commission has clearly had
input into the State's budget by suggesting the establist~nent of a
regional resource center, which is a demonstration of how the Division
of Historic Landmarks can place resources throughout the Commonwealth
to assist localities in planning and implementing preservation pro-
jects. He said it is the City's hope that the resource center can be
obtained for this region of the State, and particularly for the City of
Roanoke.
The Assistant City Manager pointed out that major preservation
issues have evolved in Roanoke; viz: the Huntingdon Estate, the Boxley
House, the Keagy House on Lee Highway, and the Queen Anne House on
Washington Avenue. He added that the City Planning Commission is
currently considering the inclusion of sixteen buildings in downtown
Roanoke for the H-l, Historic District, which will aid in the National
Register of Historic Places designation. He explained that currently
the matter has been tabled to enable further discussion with property
owners and staff in order to study potential financial incentives which
might occur. He added that neighborhood plans are currently being con-
ducted by the City Planning Department and, within the context of the
plans, historical and cultural property and their preservation will be
discussed and included.
Mr. Reynolds pointed out that the regulatory side of historic pre-
servation in the City of Roanoke is proceeding quite well; however,
that which has yet to be developed, is the economic and financial side.
He commented that the City is still in great need ?-f some type of study
for local incentives; that a low interest loan fund and grants would be
helpful in terms of offering economic incentives to property owners,
more technical assistance to property owners in terms of financing
design assistance as well as familarizing them with various regulations
regarding the property. He added that the City is severely lacking a
unified con~nunity push toward an organization that would take respon-
sibility for historic preservation, advising that recently the City was
encouraged by the activity of a small group of individuals who wish to
establish the Roanoke Valley Preservation Foundation. He advised that
the organization is patterned after other such groups in the State of
Virginia which have been successful in the Cities of Richmond, Staunton
and Winchester. He said the organizations are composed of private
citizens who have incorporated and have assuned a risk by purchasing
property or by working with property owners to obtain financing and
other vital assistance in order to restore historical properties.
In summary, the Assistant City Manager said, in the City of
Roanoke, a n~nber of activities have occurred, many of which far exceed
those of cities larger than Roanoke in the Commonwealth of Virginia;
that a great deal of work remains to be done, particularly on the eco-
nomic and financial incentive side, and support of the proposed Roanoke
Valley Preservation Foundation is one method by which the City's pre-
servation goals may be achieved.
ITEMS RECOMMENDED FOR ACTION:
CHURCHES-SPECIAL PERMITS: The City Manager submitted a written
report advising that a request was made to Council on Monday, March 7,
1988, by Faith Christian Fellowship of Roanoke, also known as Valley
Christian Center, for authorization to hold more than four acres of
land in the City of Roanoke, and specifically referring to the purchase
of property located at 320 Huntington Boulevard, N. E., containing
approximately 7.95 acres upon which it is proposed to construct new
church facilities.
The City Manager further advised that citizen concern for the pre-
servation of the Huntingdon Estate was voiced by members of the
Williamson Road Action Forun, Inc., and the matter was referred to the
Administration for report to Council on Monday, March 28, 1988.
It was explained that onsite review of the property (main estate
house) has been conducted by City Engineering staff, the City's
Historic Review Officer, and a member of the City's Architectural
Review Board to determine restoration potential and costs; that a cost
estimate to restore Huntingdon's main estate house was determined to be
approximately $280,000.00; and a meeting between the Assistant City
Manager, Mr. Richard Hogue, Church Trustee, Mr. Grant Clatterbuck,
Property Trustee, and the Church Attorney was held to clarify the
building plans of the Church and to discuss preservation alternatives.
81
82
The City Manager pointed out that building plans of the Church
have not yet finalized; that primary emphasis is to cohstruct a fellow-
ship hall and children's play area; that restoration of the main estate
is not a central objective of the Church as it is a two and one-half
story, brick, L-shaped structure which is not suitable as a church
sanctuary; that construction on the site is not anticipated to begin
until mid-1989; and community efforts Lo develop and implement a pre-
servation plan for the historic structures located on the property is
welcomed by the Church.
It was explained that conditions that will guide any preservation
plan for the historic buildings are as follows:
Financial participation by the Church is unlikely.
They will, however, donate the structures to the
entity or group that is heading up the restoration
effort.
Relocation of the structures off of the eight acre
site is desired; however, the Church will entertain
the idea of selling or leasing a shall corner of
the eight acre estate for relocation and restora-
tion of the historic structures. Approval by the
Church for relocation to a mnall area of the eight
acre site will be contingent upon the intended use
of the structures after restoration.
Security and maintenance of the historic structures
will become the responsibility of the entity or
group wishing to accept the historic structures as
a donation from the Church. Due to the expense,
the Church cannot afford to implement extra
security measures while the historic structures are
still in their ownership.
The City Manager recommended that Council grant the request of the
Church, advising that such action would be consistent with Council's
previous actions on similar requests, and presents an opportunity for
those interested in the preservation of the historic structures located
on the subject property to come together and develop a preservation
action plan.
(For fu]] text, see report of the City Manager and communications from
Ms. Lea L. Lautenschlager, Attorney, under date of March 23, 1988, and
March 25, 1988.)
ACTION: Mr. Garland moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles.
Ms. Lea L. Lautenschlager, Attorney, representing Valley Christian
Center, appeared before Council and advised that the Church proposed to
the City, in connection with the closing on the purchase of the pro-
perty, that they would be agreeable to donating the buildings to the
City, or any other designated person, who would be willing to take.
r~sponsibility; that under the proposal, the buildings would be allowed
to remain on the property for a period of eighteen months to provide
time for relocation or relocation to another portion of the property in
question. She said the proposal also included the condition that whom-
ever took responsibility for the buildings would take full legal
responsibility and associated liabilities during the time the buildings
remain on the property. She explained that the current owner of the
property has, at considerable expense, hired security guards and the
Church is not in a position to do likewise.
Ms. Lautenschlager advised that the eighteen month period is pro-
posed to be a time in which the Church could clean up the grounds and
develop construction plans for the church building; and the time period
would also allow time for the owner of the buildings to develop a plan
for relocation and renovation.
Ms. Lautenschlager pointed out that another proposal has been made
to the City that, assuming the request of the Church is approved by
Council, the Church would make a commitment that for sixty days it
would do nothing to harm the buildings. She said the sixty days would
allow time for persons who have expressed an interest in preserving the
buildings to come forth and formulate a plan for relocation.
Mr, Eugene M. Hooker, 3143 Wentworth Avenue, N. W., President of
the Williamson Road Action Forum, appeared before Council and advised
that Huntingdon is a structure of historical interest and vital to the
community. He said the position of the Williamson Road Action Forum is
that Huntingdon should be declared a historical landmark for preser-
vation purposes.
Mr. Cecil O. Kinser, 3710 Williamson Road, N. W., appeared before
Council and expressed the concern of citizens of tile Williamson Road
community and the Williamson Road Action Forum regarding the preser-
vation of the Huntingdon estate. He said the Williamson Road community
considers Huntingdon to be a significant part of its culture and
historical heritage, and it is the most important historical landmark
in the Roanoke Valley, He requested that Council recognize the signi-
ficance of this historical landmark, and provide for the necessary
historic designation and preservation of the Huntingdon estate.
Mr. Charles R. Minter, 4611 Oakland Boulevard, N. E., Vice-Presi-
dent of the Williamson Road Action Forum, appeared before Council and
expressed the concern of citizens of the Williamson Road area and the
Williamson Road Action Forum regarding the preservation of the Hunting-
don estate. He said a noted historian described the house as the
oldest still standing structure in Roanoke City or County; that from
tax records it was thought to have been built in the early 1820's,
however, additional research indicates that it was constructed between
1807 and 1815. He requested that the members of Council recognize the
significance of historical structures to the community, the City and
the Valley, and consider the necessary historic designation to assure
the preservation of Huntingdon.
Mr. Linwood Locklear, 5104 Pin Oak Drive, N. W., President of the
Williamson Road Business Association, appeared before Council and
referred to a resolution which was adopted by the Association request-
ing that Huntingdon be designated as a historical landmark. He urged
that Council look with favor upon the restoration and the preservation
of the Huntingdon estate.
Ms. Martha B. Boxley, 3256 Brightwood Place, S. W., representing
the Roanoke Valley Preservation Foundation, appeared before Council
and advised that Huntingdon is a significant historical property which
offers existing evidence of early settler activity in the Roanoke
Valley. She said the property is located near the great wagon road
also known as tile road to Carolina with a colonial highway running from
Philadelphia to Carolina and can be traced today along what is now
known as Old Mountain Road. She stated that with historical ties to
nearby properties such as Belmont and Monterey, Huntingdon stands as a
wonderful legacy of our past.
Ms. Boxley pointed out that the Huntingdon property has been con-
tinually occupied for nearly two hundred years; that today the property
contains the 1820 or earlier brick main house, a post and beam out-
building that may be late 18th century dating to 1825, and the inter-
ment of Elisha Betts who built the main house. She noted that Hunting-
don also contains a probable wealth or archaeological potential; how-
ever, most of Huntingdon's significance lies in the integrity of the
property. She added that lgth century inventories of the house indi-
cate an active working plantation, and wills and estate appraisals from
this time period describe interior furnishings and various other
possessions which characterize a full house and active farm.
Ms. Boxley commented out that Edmund Goodwin, in an article in the
Journal of the Roanoke Valley Historical Society, lists barns, wagons,
sheds, sties, chicken and wash houses, a machine and blacksmith shop
and slave houses west of the graveyard as some of the various out-
buildings on the property, and these structures exist today as archaeo-
84
logical sites, with the only standing early outbuilding being the post
and beam structure north of the house. She said the condition of the
house is good and it seems to be in good condition structurally; that
the interior of the house is also in good condition with the exception
of the southeast room which sustained fire damage in recent years as
well as the back stairway; that the remainder of the interior has ~noke
damage and the overall damage from the fire is relatively miminal.
Ms. Boxley commented that Huntingdon is a valuable historic
resource for the Roanoke Valley, advising that the Roanoke Valley
Preservation Foundation, a non-profit organization whose purpose is to
promote the preservation of the historic, natural and cultural resour-
ces of the Roanoke Valley, would welcome the opportunity to work with
Valley Christian Center on development plans, including a preservation
plan for the buildings. She said a solution needs to be found other
than relocation because a historic structure is significant partly
because of its site and how it is passed through time, and the property
contains a wealth of archaeological resources which are under the
ground. She added that the City's $280,000.00 estimate for restoration
is based on museum quality, advising that rehabilitation as opposed to
restoration may be the route to follow. She said the Foundation would
be willing to work with Valley Christian Center toward obtaining finan-
cial assistance for the preservation of the Huntingdon estate.
Ms. Ora Belle ~Colman, 2123 loth Street, N. W., member of the
Williamson Road Action Forum, appeared before Council and requested
that the City find a way to save Huntingdon which is a landmark in the
Roanoke Valley.
Mrs. Mitchell Bowden, 534 Walnut Avenue, S. E., representing the
Roanoke Valley History Museum and the Roanoke Valley Historical
Society, appeared before Council and expressed support for the preser-
vation of Huntingdon, advising that the Huntingdon estate is a signifi-
cant historical landmark in the community and should be preserved. She
said the History Museum and the Historical Society are willing to work
cooperatively with the owner of Huntingdon whether it be the Church,
the current owner, the Roanoke Valley Preservation Foundation, the City
of Roanoke or the citizens of Williamson Road to develop a plan which
will effectively utilize and preserve Huntingdon for the betterment of
all concerned.
ACT[ON:
Mrs. Bowden requested that the Roanoke Valley History Museum be
permitted to conduct a professional survey and archeological excavation
to determine the historical significance of the Huntingdon estate,
advising that it is felt that the materials generated from the excava-
tion, in concert with the survey, will significantly aid in the appli-
cation to the Division of Historical Landmarks to assure the intact
preservation of the Huntingdon estate.
Following considerable discussion, the motion offered by Mr.
Garland, seconded by Mrs. Bowles to grant the request of Valley
Christian Center to own more than four acres of land in the City of
Roanoke was lost by the following vote:
AYES: None- O.
NAYS: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ........ 6.
(Council member Trout was absent.)
The Mayor advised that even though the vote of Council has been
taken, the responsibility still exists to preserve and restore the
Huntingdon estate. He said those individuals involved in historical
preservation should confer with state and federal authorities to bring
together the necessary resources to restore Huntingdon as a continuing
part of the City of Roanoke.
At 9:10 p.m., the Mayor declared the meeting in recess.
At 9:35 p.m., the meeting reconvened in the Auditorium of the
William Fleming High School, with Mayor Taylor presiding, and all mem-
bers of the Council in attendance, with the exception of Council member
Trout.
BUDGET-EQUiPMENT: The City Manager submitted a written report
advising that on November 9, 1987, Council approved a Capital Mainten-
ance and Equipment Replacement Program; that the Program included a
list of necessary office automation items which will not exceed the
single item cost of $10,000.00; and approval of Council is required for
single purchases which cost exceed $10,000.00, pursuant to the Code of
the City of Roanoke, 1979, as amended, Chapter 23.1, Procurement.
It was explained that single purchase items for office automation
from the approved expenditure list are as follows:
85
Sheriff Office Automation $16,500.00
Consisting of Personal
Computers, Printers,
Monitors, Work Stations,
Multiplexor and Computer
Software
Personnel Personal Computer 4,000.00
with Software
Police Office Automation 12,000.00
Consisting of Personal
Computers, Printers and
Computer Software
Planning Personal Computer 4,000.00
with Software
C.I.S. Office Automation 9,316.00
Consisting of Personal
Computers, Printers,
Monitors and Computer
Software
Total $45,816.00
It was explained that the above items will be procured through the
State Contract System or through competition request for quotations by
the General Services Department; and appropriations by Council are
requested to allow for the purchase of the above items.
The City Manager recommended that Council appropriate $45,816.00
from Capital Maintenance and Equipment Replacement Program to specific
accounts as follows:
Sheriff 001-024-2040-9015 $16,500.00
Personnel 001-050-1261-9015 4,000.00
Police 001-050-3112-9015 12,000.00
Planning 001-052-8110-9015 4,000.00
C.I.S. 006-050-1601-9015 9,316.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29036) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No, 50, page 508.)
ACTION: Mr, Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or .......... 6.
NAYS: None ..................... O.
(Council member Trout was absent.)
BUDGET-TRAFFIC-EQUIPMENT: The City Manager submitted a written
report advising that on November 9, 1987, Council approved a Capital
Maintenance and Equipment Replacement Program; that the Program
included $100,000.00 for traffic signal equipment replacement; and
approval of Council is required for single purchases which cost exceed
$10,000.00, pursuant to Chapter 23.1, Procurement, Code of the City of
Roanoke, 1979, as amended.
It was explained that at the present time 28 intersections out of
130 have been identified as needing to be replaced due either to age,
non-availability of parts, or worn out; and the priority of intersec-
tions to be replaced is:
Grandin Road & Memorial Avenue, S. W.
$ 15,000.00
Orange Avenue & 11th Street, N. W.
12,000.00
Brandon Avenue, Sherwood Avenue &
Main Street, S. W.
38,000.00
Brandon Avenue & Mudlick, Road, S. W.
35,000.00
Total $100,000.00
It was also explained that the above priority list is based on
today's assessment and may be changed or other intersections substi-
tuted depending on future breakdowns, parts availability, or other
unknown factors; and additional funding will be required in future
budgets to allow the continuation of traffic control equil~nent replace-
ment.
The City Manager advised that bids are currently being taken and
evaluated for the equipment needed to begin the replacement effort; and
Council's approval of Capital Maintenance and Equipment Replacement
funds is needed to allow for the procurement of all required items.
The City Manager recommended that Council appropriate $100,000.00
from Capital Maintenance and Equipment Replacement Program funds to
Account No. 001-004-9310-9508, and appropriate the same amount to a new
Capital Projects Fund Account entitled, Traffic Signal Replacement.
Mr. Musser offered the following emergency budget Ordinance:
(#29037) AN ORDINANCE to amend and reordain certain sections of
the 1987-8B General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 510.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor-- 6.
NAYS: None- O.
(Council member Trout was absent.)
STREETS AND ALLEYS: The City Manager submitted a written report
advising that the Code of Virginia establishes the eligibility criteria
of localities for receiving funds from the Virginia Department of
Transportation for street maintenance; that it specifies two functional
classifications of highways and establishes a base payment rate per
lane mile for each classification of roadway; and the rates are
adjusted annually by the Highway Department based on a statewide main-
tenance index of unit costs for labor, equipment and materials used by
the Highway Department on roads and bridges.
ACTION:
It was further advised that the 1985 Session of the General
Assembly amended this section of the Code of Virginia thereby changing
the method of classifying the streets; and the previous administrative
classifications of Primary Extensions and Other Streets will now be
referred to in the State Functional Classification System as Principal/
Minor Arterials and Collector/Locals.
It was pointed out that the Highway Department, since 1985, has
been conducting actual on-the-ground surveys, relogging and reclassify-
ing streets in every locality in Virginia and preparing new inventories
to conform to the State Functional Classification System; that payments
based on the former classification system have remained in effect on an
interim basis pending the completion of the revised street inventory;
that during fiscal year 1987-88, the City is eligible for approximately
$5,475,178.00 in street maintenance payments from the Highway Depart-
ment using the former system; and the funds are used for numerous main-
tenance expenditures that the City incurs for streets, sidewalks, curb
and gutter, traffic signals, bridges, signs and pavement markings.
It was further pointed out that the current funding eligibility
figure is $88,234.00 less than the City's adopted revenue estimate for
fiscal year 1987-88 for highway maintenance payments; and the revenue
estimate of $5,563,412.00 was based on preliminary information provided
to the City by the Highway Department before finalization of the State
budget.
The City Manager advised that a revised inventory of Roanoke City
streets eligible for State Maintenance Payments was received from the
Highway Department on February 4, 1988; that the new inventory goes
into effect in fiscal year 1988-89 for maintenance payment purposes,
however, due to relogging and reclassifying streets, the City would
only be eligible for $5,353,100.00 based upon current year payment
rates and is $210,312.00 less than the City's current revenue estimate.
The City Manager further advised that City staff has reviewed the
Highway Department inventory to determine if there are any errors in
mileage, designation or omission; that this is also an opportunity to
add streets that have recently been widened or constructed (i.e.
Hershberger Road) to the inventory; that inventory additions need to be
submitted to the Highway Department prior to April 1, 1988, in order to
be eligible for payment for the next fiscal year; and the additions are
to be submitted on Highway Department forms with an accompanying reso-
lution from Council.
It was noted that City staff, to date, has found that a list of
City streets attached to the report could be submitted to the Highway
Department before April 1, 1988, to enable their eligibility for
payment in the next fiscal year; and approval of the addition to the
street inventory could add approximately $245,355.00 at current year
payment rates, an overall net gain of $35,043.00, above the current
year's revenue estimate.
The City Manager recommended that he be authorized to submit a
list of streets, as attached to the report, to the Virginia Department
of Transportation for approval by the Commonwealth Transportation Board
to enable State Maintenance Payment eligibility.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that Council concur in the report. The motion
was seconded by Mr. Musser and adopted.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the fiscal year budget approved by Council con-
tained various capital improvements and maintenance projects in the
Sewer Enterprise Fund Budget; and included in the approved budget were
funds for replacement of the Mud Lick Creek Sanitary Sewer from the
Roanoke River Interceptor upstream to Grandin Road, S. W.
It was explained that the project was separated into phases; that
Phase I begins at the Roanoke River Interceptor and proceeds upstream
to Lansing Drive, S. W.; that Phase II will start at Lansing Drive,
S. W., and end at Grandin Road, S. W.; that Council received bids on
Phase I on March 23, 1987; that H. Hamner Gay and Co., Inc. was awarded
87
88
ACT[ON:
a contract on May 11, 1987, in the amount of $599,935.68 with a con-
tingency in the amount of $30,864.32; and Council approved Change Order
No. 1, pursuant to Ordinance No. 28821, on October 12, 1987, in the
amount of $139,005.00, which change order included additional rock and
flow monitoring equi~nent.
It was advised that H. Hamner Gay and Co., Inc., has completed
construction of the main line interceptor and has Lied in the six
stream crossings which connect in the submains Lo the main line inter-
ceptor; that in constructing the submains, 375 cubic yards of addi-
tional rock, over and above the contract amount and Change Order No. 1
amount, was encountered, which added an additional $20,250.00 Lo the
contract amount; and the contractor has now completed the project
except for dressing up and landscaping.
The City Manager recommended that he be authorized to execute
Change Order No. 2 with H. Hamner Gay and Co., Inc., in an amount not
to exceed $20,250.00, for additional rock excavation, noting that funds
are available in the project contingency of Mud Lick Creek Sanitary
Sewer Construction, Account No. 003-056-8418-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the followin9 emergency Ordinance:
(#29038) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with H. Hamner Gay and Co.,
[nc., for Mud Lick Sanitary Sewer, Phase [; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 510.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ................... 6.
NAYS: None .............
(Council member Trout was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council authorized award ota contract to F. L.
Showalter, Inc., to construct the Williamson Road Storm Drain and East
Sanitary Sewer, Phase I, Contract II, on December 8, 1986, with a unit
price contract amount of $1,881,944.00, and a five per cent contingency
amount of $94,097.00.
It was explained that Change Order No. 1 was executed on March 5,
1987, to eliminate two bored crossings on Williamson Road by using the
open cut method; that the change order was deemed to be in the best
interest of the City of Roanoke in that it provided vital protection
against possible damage and/or breakage of an existing 36 inch main
waterline running alon9 Williamson Road, and the net result of the
change order caused a reduction in the contract amount of $24,300.00,
giving a new contract amount of $1,857,644.00, and is due to two
construction items.
The City Manager advised that Change Order No. 2 will cause a
further reduction in the contract amount by $23,299.64, giving a new
contract amount of $1,834,344.36, and is due to two construction items,
as follows:
During the course of construction, it was deemed
necessary and favorable to substitute six foot
diameter manhole bases for the bolt together junc-
tion box bases originally shown on the plans to
provide workable and satisfactory clearance with
existing underground utilities. After review by
the City Engineering Department, the Consultant
Engineer, and the contractor, this substitution was
ACTION:
made as an on-goin9 field change during the course
of construction as the need for substitution arose.
This construction item is now closed out with the
following itemization:
Delete Bolt Together
Junction Box Bases,
16 ea. x $3,486.92
($55,790.72)
Additional 6 ft. Dia-
meter Manhole Bases
11 ea. x $1,624.48
$17,869.28
Net Reduction
($37,921.44)
During the course of construction, an extensive
sinkhole was encountered on Williamson Road near
the intersection with Wentworth Avenue that had to
be repaired to insure the foundation and integrity
of the storm trunk line and the intersection. The
cost for the additional work performed by F. L.
Showalter, inc., is $14,621.80 giving a net reduc-
tion for Change Order No. 2, in the amount of
$23,299.64).
Mr. Herbert further advised that F. L. Showalter, Inc., has now
completed all six foot diameter manhole base substitutions and the
repairs to the sinkhole at Wentworth Avenue and Williamson Road; and
adjustments to the contract amount need to be made in the form of a
properly executed change order.
The City Manager recommended that he be authorized to execute
Change Order No. 2 to reduce the current amount of $1,857,644.00 by
$23,299.64, and establish a new contract amount of $1,834,344.36.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the followin9 emergency Ordinance:
(#29039) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with F. L. Showalter, Inc.,
for Williamson Road Storm Drain and East Sanitary Sewer, Phase I,
Contract II, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 511.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the followin9 vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor .................. 6.
NAYS: None ....
(Council member Trout was absent.)
STREETS AND ALLEYS: The City Manager submitted a written report
advising that Lake Drive, S. W., was developed as a private street when
the Windsor Hills area was in the County of Roanoke, and the street is
still private; that most of the homes on the street were built in the
1950's with at least one home built in 1929 and several new homes have
been built more recently; that annexation of the area into the City
occurred on January 1, 1976; that some residents along the street would
like to have additional City services not available to residents along
private streets, and such services would include street maintenance,
snow removal, leaf collection, street lights, etc,; and on October 13,
1986, Council authorized the City Administration to proceed toward
accepting Lake Drive for public maintenance contingent upon one hundred
per cent donation of right-of-way from abutting property owners.
89
ACTION:
It was explained that fully executed deeds have been received from
fifteen property owners representing all abutting property for a
distance of approximately 957 feet west of Deyerle Road; that this
would provide for the establishment of a publicly dedicated and main-
tained fifty-foot wide right-of-way; and plat of survey has been pre-
pared showing the parcels being deeded to the City for the widening of
Lake Drive.
The City Manager reco~nended that the City Administration be
authorized to accept the donations of rights-of-way from fifteen owners
of property abutting Lake Drive, S. W., for a distance of approximately
957 feet west of Deyerle Road, and record the plat of dedication. He
further reco~mnended that the Administration be authorized to accept the
donations of any contiguous right-of-way which are subsequently offered
by abutting property owners to Lake Drive, effectively extending the
street from its presently anticipated terminus.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the following Ordinance be placed upon its
first reading:
(#29040) AN ORDINANCE authorizing the acceptance of a portion of
Lake Drive, S. W., and its dedication as public right-of-way; and
authorizing the acceptance of donations of further contiguous right-of-
way.
(For full text of Ordinance, see Ordinance Book No. 50, page 514.)
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ....... . ............ 6.
NAYS: None .......
-0.
(Council member Trout was absent.)
GRANTS-HOUSING: The City Manager submitted a written report
advising that the Vacant Lot Homesteading Program generally is intended
to encourage maintenance of vacant lots in older areas of the City;
that extension of the Program, approved by Council on November 9, 1987,
takes the concept further by encouraging development of new housing on
vacant lots, by reimbursing the builder/developer for certain costs of
development; and allowable costs reimbursable under the Program, up to
a maximum of $2,500.00 in each case, are:
Purchase price of the lot, up to the fair market
value;
Legal fees associated with purchase and resale, as
paid by builder/developer;
Clearing and grading where necessary;
Building permit fees;
Water and sewer connection fees;
Other reasonable expenses customarily associated
with such real estate transactions.
It was explained that conditions which the builder/developer must
meet to receive reimbursement are:
Building and site plans approved by Building
Department as meeting applicable building and
zoning codes and being compatible with existing
neighborhood design;
91
m
m
ACT[ON:
Build or move a residential building onto the lot
within specified time;
Sell or lease the building initially to a low-
moderate income party.
Mr. Herbert advised that Mr. Kyle R. Taylor, II, has presented a
proposal whereby a house would be relocated from 2052 Centre Avenue,
N. W., to 1402 Gilmer Avenue, N. W., which proposal includes renovating
the house to bring it up to Code, and the house will then be sold to a
low-moderate income person; that the house, at its current Centre
Avenue location, is a non-conforming use in a Light Manufacturing
Zoning District and is not occupied; that Mr. Taylor closed on the lot
on approximately March 1, 1988; that he has been talking with the
Housing Development Office about his plans for the lot and the Vacant
Lot Homesteading Program for several months and understands that any
participation in the Vacant Lot Homesteading Program is subject to
Council's approval.
The City Manager recon~ended that he be authorized to execute a
contract with Kyle R. Taylor, II, providing for reimbursement for cer-
tain costs as provided in the Vacant Lot Homesteading Program as
extended and specified in the individual contract for relocating, reno-
vating and selling the house presently located at 2052 Centre Avenue,
N. W.; and authorize reimbursement to Kyle R. Taylor, II, for such
costs according to the terms of the contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29041) AN ORDINANCE authorizing the execution of a grant agree-
ment with Kyle R. Taylor, II, for a Vacant Lot Homesteading Grant; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 512.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........ . ...... 6.
NAYS: None .......
(Council member Trout was absent.)
INDUSTRIES-CITY PROPERTY: The City Manager submitted a written
report advising that the Tultex Corporation has contracted to buy an
approximately 10.3 acre portion of Official Tax No. 7050107 which con-
sists of a total of 20 acres off Berkley Road to construct a 50,000
square foot manufacturing facility to be used as a sewing manufacturing
plant; that construction of the building is scheduled to commence in
early April; and Tultex desires to be operating in the new facility by
the middle of the year.
The City Manager further advised that subdivision of the site is
necessary before the property transaction can be closed and the deed
transferred; that the City is negotiating with the two affected pro-
perty owners at this time for the purpose of acquiring land needed for
a public right-of-way, and have secured permission to enter their pro-
perties to proceed with the necessary surveys; and Tultex desires to
begin work on City-owned property, and has therefore requested that it
be granted a right-of-entry to begin grading prior to actual transfer
of the land.
It was noted that indemnification by Tultex Corporation would be
made to the City of Roanoke as a part of the right-of-entry agreement,
and the City would be held harmless for any risks associated with the
construction of the project on City-owned land; that Tultex will also
be required to insure the City's interest during this period; that a
similar arrangement was entered into with Orvis, Inc., and Advance
Stores Company, !nc., to allow them to begin their construction; and
Tultex will be expected to agree to the same terms.
92
ACTION:
ACTION:
ACTION:
The City Manager recommended that he be authorized to execute a
right-of-entry agreement allowing Tultex Corporation to enter City pro-
perty, Official Tax No. 7050107, for the purpose of constructing a
sewing manufacturing plant pursuant to terms and conditions set out on
a right-of-entry agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29042) AN ORDINANCE authorizing a right of entry onto certain
City property to Tultex Corporation in order to permit the construction
of a manufacturing plant thereon.
(For full text of Ordinance, see Ordinance Book No. 50, page 514.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor- 6.
NAYS: None .................
(Council member Trout was absent.)
BUDGET-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a writ-
ten report concurring in a report of the Bid Committee with reference
to purchase of a truck for the Signals and Alarms Department.
The Bid Committee recommended that the bid of Dickerson
GMC-Truck-Peterbilt, Inc., for one cab/chassis, in the amount of
$17,969.00, be accepted; that the Bid of MAP Enterprises, Inc., for a
utility and vertical lift to be mounted on the cab/chassis, in the
amount of $34,635.00, be accepted; and that $52,604.00 be appropriated
from the Capital Maintenance and Equipment Replacement Program to the
Signals & Alarms Department, Account No. 001-052-4160-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29043)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 512.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser and Mayor
Taylor ............ .-5.
NAYS: None ........
(Council member Trout was absent.)
from voting.)
O.
(Council member Bowers abstained
Mr. Garland offered the following emergency Ordinance:
(#29044) AN ORDINANCE accepting bids for a signals and alarms
truck; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 513.)
Mr. Garland moved the adoption of the Ordinance, The motion was
secended by Mrs. Bowles and adopted by the following vote:
m
m
ACTION:
ACTION:
ACTION:
AYES: Council members Bowles, Garland, Harvey, Musser and Mayor
Taylor ...... 5.
NAYS: None ................................ O.
(Council member Trout was absent.)
from voting.)
(Council member Bowers abstained
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report of the City of Roanoke for the month of February,
1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and adopted.
The
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29025 permanently vacating,
discontinuing and closing portions of Light Street, N. E., between
Eastern Avenue and Edmund Avenue, bounded by Official Tax Nos. 3210329,
3210616 and 3210601, having previously been before the Council for its
first reading on Monday, March 14, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29025) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 502.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or-- 6.
NAYS: None .... O.
(Council member Trout was absent.)
ZONING: Ordinance No. 29026 rezoning a tract of land containing
0.1 acre, more or less, located at 1630 Loudon Avenue, N. W., more spe-
cifically described as Official Tax No. 2212001, from LM, Light Manu-
facturing District, to CN, Neighborhood Commercial District, having
previously been before the Council for its first reading on Monday,
March 14, 1908, read and adopted on its first reading and laid over,
was again before the body, Mrs. 2owles offering the following for its
second reading and final adoption:
(#29026) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page 503.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........................................ 6.
NAYS: None ....................
93
(Council member Trout was absent.)
94
ACTION:
ACTION:
ZONING: Ordinance No. 29027 rezoning two tracts of land located
on the east side of Peters Creek Road, N. W., south of its intersection
with Cove Road, identified as Official Tax Nos. 6370106 and 6370107,
containing 5.526 and 11.340 acres, respectively, from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial
District, subject to certain proffered conditions, having previously
been before the Council for its first reading on Monday, March 14,
1988, read and adopted on its first reading and laid over, was again
before the body, Mrs. Bowles offering the following for its second
reading and final adoption:
(#29027) AN ORD[NANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 63/, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of= Ordinance, see Ordinance Book No. 50, page 504.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ............. 6.
NAYS: None .........................
-0.
(Council member Trout was absent.)
ZONING: Ordinance No. 29028 rezoning a tract of land lying behind
and to the right of Piccadilly Square Shopping Center, containing .77
acre, more or less, located at 3121 Franklin Road, S. W., identified as
Official Tax Nos. 1290111, 1290117 and 1290118, from RS-3, Residential
Single-Family District, to C-2, General Commercial District, subject to
certain proffered conditions, having previously been before the Council
for its first reading on Monday, March 14, 1988, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#29028) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 505.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ......... 6.
NAYS: None ........... O.
(Council member Trout was absent.)
CENTER- I N-THE-SQUARE-SPECIAL PERMITS: Ordinance No. 29029
granting to the Western Virginia Foundation for the Arts and Sciences,
a revocable permit to mount certain flags on street lighting poles in
the Central Business District of the City, said permit to expire at
midnight on dune 1, 1988, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
March 14, 1988, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29029) AN ORDINANCE 9ranting to the Western Virginia Foundation
for the Arts and Sciences, a revocable permit to mount certain flags on
street lighting poles in the Central Business District of the City,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 506.)
95
ACTION:
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Taylor ........................................... 6.
NAYS: None .....
(Council member Trout was absent.)
ACTION:
INDUSTRIES: Ordinance No. 29034 authorizing the execution of an
agreement for purchase and sale by Sunlink Corporation of an approxima-
tely 13.820 acre parcel of land in the Roanoke Centre for Industry and
Technology; having previously been before the Council for its first
reading on Monday, March 14, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29034) AN ORDINANCE authorizing the execution of an agreement
for purchase and sale relating to an approximately 13.820 acre parcel
in the Roanoke Centre for Industry and Technology; and authorizing the
execution of the requisite deed for conveying such property.
(For full text of Ordinance, see Ordinance Book No. 50, page 507.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Bowles, Garland, Harvey, Musser, Bowers and
Mayor Tayl or ...... .6.
NAYS: None-- .0.
(Council member Trout was absent.)
m
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
CITY EMPLOYEES-POLICE DEPARTMENT-PAY PLAN: Ms. Anna R. Meador,
P. O. Box 5294, Roanoke, appeared before Council in support of Roanoke
City Police Officers, advising that City Police Officers deserve higher
pay, and should be compensated at least in the range of law enforcement
officers in Roanoke County.
There being no further business, the Nayor declared the meeting
adjourned at 9:55 p.m.
ATTE ST: ,~
City Clerk
APPROVED
m
96
REGULAR 'WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 4, 1988
2:00 p.m.
The Council of the City of Roanoke mt in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 4, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as mnended.
PRESENT: Council members Robert A. Garland, James G. Harvey, II,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor ........ 7.
ABSENT: None .........
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ralph Brown,
Pastor, Aatioch Church.
The Pledge of Allegiance to the Flag of the United States of A~nerica
was led by Mayor Taylor.
CITIZEN OF THE YEAR-ACTS OF ACKNOWLEDGEMENT: The Mayor advised
that the Roanoke City Family has the very pleasant task of recognizing
the Citizen of the Year. He said he was personally pleased to make the
presentation on behalf of the elected and adlninistrative officials and
the citizens of the "Star City".
The Mayor further advised that in his close association with the
Citizen of the Year, he has been impressed with his ambition, integrity
and his desire to do more and more for others; that he is one of the
finest church officers he knows; and in fact, any Pastor would be both
pleased and blessed to have him on the Board of Deacons, however, his
interest extends far beyond the boundaries of the church, for there are
few persons, if any, holding membership, and particularly active in
more civic and fraternal organizations than the honoree.
The ~yor pointed out that the Citizen of the Year is a very
capable organizer and has been unusually successful in working with
others; that he has come to admire in him the qualities of sound
judgment, a loving heart and devotion to the job at hand; that he has
always known that any responsibility his church or community may
entrust to him will be diligently fulfilled; and of the hundreds of men
he has known in responsible positions, the City's honoree is numbered
among the most outstanding, and everything he knows about him is to his
credit.
Mayor Taylor commented that progress is measured by people --
people who give their best through the years; that without the loyalty
and devotion of dedicated persons like the honoree, the City would
never have grown in its efforts to achieve total success; that the
City's honoree has touched the lives of many children, and they appre-
ciate his counsel and inspiration. He said everyone on City Council
and in the City Administration are grateful for the honoree's sacrifi-
cial service, and they know that the Lord will continue to bless his
wonderful work.
To be more specific, the Mayor advised that the honoree is a
retiree from the Roanoke Postal Service, a member of the Board of
Deacons of First Baptist Church, a Thirty-Third Degree Mason, holder of
the Silver Beaver Scout Award and United Way Service Award; that he is
affiliated with Big Brothers-Big Sisters, the Lions Club, Roanoke
Valley Chapter of the American Red Cross, Roanoke City Transportation
Safety Committee, the Advisory Board of the Magic City Branch of First
Federal Savings and Loan and many others.
ACTION:
ACTION:
Mayor Taylor said the City's honoree is noted for his outstanding
service to God, his country, and his fellowman; whereupon, he intro-
duced Mr. Lewis W. Peery, Roanoke City Citizen of the Year for 1987.
On behalf of the members of City Council, the City Administration,
and more than 100,000 citizens, the Mayor presented Mr. Peery with an
appropriate plaque and a Key to the City. He also presented Mrs. Peery
with a pewter Virginia Cup with the Seal of the City of Roanoke.
Mr,
Council
Year".
Peery expressed appreciation to the Mayor and Members of
for the honor of being selected as the "1987 Citizen of the
The Mayor advised that the following persons were nominated for
the 1987 Citizen of the Year Award, and, on behalf of the Members of
Council, he expressed appreciation for their interest in the ongoing
progress and development of the City of Roanoke:
Anatoly G. Antohin
Susan M. Barnett
E. Bruce Bloodworth
Richard F. Dunlap
Reverend Charles T. Green
John W. Hancock, Jr.
George R. Harrison
Velma A. Self
Walter L. Wheaton, Jr.
Perneller Chubb-Wilson
SCHOOLS: On June 30, 1988, there will be three vacancies on the
Roanoke City School Board. Pursuant to action taken by the Council on
Monday, March 7, 1988, and pursuant to Section 9-20, Selection of can-
didates for public interview, of the Code of the City of Roanoke, 1979,
as amended, on Monday, April 4, 1988, at 2:00 p.m., or as soon there-
after as the matter may be heard, Council voted to select the number of
candidates to be accorded the public interview for School Board
Trustee, said interviews to be held on Thursday, April 28, 1988, at
7:00 p.m., in the Council Chamber, the matter was before the body. The
number of persons to receive she public interview shall not exceed
three times the number of vacancies on the Roanoke City School Board.
Mr. Harvey moved that the following persons be certified for
interview:
Marilyn C. Curtis
LaVerne B. Dillon
Emanuel C. Edwards
David K. Lisk
Velma Seif
James M. Turner, Jr.
The motion was seconded by Mr. Musser and unanimously adopted.
97
BID OPENINGS:
CITY NURSING HOME: Pursuant to notice of advertisement for bids
for alterations and additions to the City Nursing Home at Coyner
Springs, said bids to be received by the City Clerk until 1:30 p.m., on
Monday, April 4, 1988, and to be held, opened and read before the
Council at 2:00 p.m., on that date, or as soon thereafter as the matter
may be heard, the Mayor asked if anyone had any questions about the
advertisement for bids, and no representative present raising any
question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
fol 1Dwi ng bids:
BIDDER
BASE BID TOTAL
Campbell Construction & Development
Co., Inc.
Construction Services of Roanoke, Inc.
Acorn Construction Ltd.
$ 91,919.00
97,500.00
111,700.00
98
ACT[ON:
ACTION:
Mr. Harvey moved that the bids be referred to a co~dttee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Garland and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chain~an, James D. Ritchie
and William F. Clark as members of the committee.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately.
YOUTH: A communication from Mr. J. William Stephens tendering his
resignation as a member of the Youth Services Citizen Board, effective
March 15, 1988, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed and
that the resignation be accepted with regret. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .... 7.
NAYS: None ........ O.
HOUSING: A report of qualification of Paul C. Dress as a member
of the Fair tlousing Board for a term of three years ending March 31,
1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ..... 7.
NAYS: None .............. O.
PENDING LIST: A list of items pending from July 10, 1978, through
March 28, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- 7.
NAYS: None ....................................
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
NONE.
ITEMS RECOMMENDED FOR ACTION:
99
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
Assistant City Manager submitted a written report of the City Manager
advising that Council entered into an agreement on April 13, 1987, to
renovate the Knights of Pythias Building for Consortium office space
with an expected completion date of July 1, 1987; that member jurisdic-
tions of the Consortium gave up twenty slots to serve clients in their
jurisdictions in exchange for the City providing office space for the
Consortium; that a delay in renovation was reported to Council on
October 19, 1987, and Council appropriated $14,400.00 to pay rent for
the Consortium for the period July 1, 1987 to March 30, 1988.
,!
It was further advised that renovation of the Knights of Pythias
Building was rebid by Council on January 17, 1988; that bids were
received on February 16, 1988 by the City; that the City has accepted
the low bid of $128,000.00 from Construction Services of Roanoke; that
the new target date for completion of the renovation is July 15, 1988;
and the Consortium will now owe rent for the period of April 1, 1988
through July 31, 1988, which increases budgeted office rental costs by
the amount of $4,800.00.
The City Manager recommended the following:
Appropriate $4,800.00 to the Consortium for office
rent from the Department of Social Services budget.
Deappropriate $19,200.00 from Account No. 001-054-
5314-3160, Purchased Services, and reduce the reve-
nue estimate $19,200.00 Account No. 001-020-1234-
0683.
Transfer $4,800.00 from Account No. 001-054-5314-
3160, Purchased Services, Account No. 001-004-9140-
2170, Miscellaneous Expenditures, for payment to
the Fifth District Employment and Training Consor-
tium.
m
Appropriate $4,800.00 to the Consortium Admin. Pool
Account No. 034-054-8860-9990 and increase the
revenue estimate $4,800.00 Account No. 034-034-
1234-8876.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29045) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Consortium Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 515.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................................. 7.
NAYS: None ..................
m
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
Assistant City Manager submitted a written report of the City Manager
advising that the Governor's Employment and Training Department limits
the amount of carryover funds available to Service Delivery Areas; that
a waiver was requested by the Consortium for $23,271.00 of excess Title
I I-A carryover funds from last year's grant (only fifteen per cent of
the annual allocation is allowed for Title II-A); that the Consortium,
in April 1987, applied for a Veteran's Grant through the GETD for
$50,500.00; that the Annual Closeout for the Summer Youth Program was
submitted on December 29, 198/; and last year's Summer Youth Program
provided remedial education and work experience jobs to economically
disadvantaged youth in the Fifth Planning District.
O0
ACTION:
It was explained that the GETD has sent a Notice to Proceed for
the Veteran's Grant, which is effective through March 31, 1988, in the
amount of $8,583.00; that Notice of Award #88-313-03 deobligated the
excess carryover of $6,290.00; that a waiver was granted for the
remaining $16,981.00 of excess carryover funds appropriated by Council
on January 25, 1988; that $28,885.00 of last year's Summer Youth
funding needs to be deobligated and appropriated to current year
funding availability as indicated by Notice of Award #88-313-03; and a
net increase in the appropriation of $2,293.00 is needed.
The City Manager recommended that Council appropriate the
Consortium's net funding adjustment of $2,293.00, and increase the
revenue estimate for $2,293.00 in accounts established by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29046) AN ORDINANCE to amend and reordain certain sections of
the 1987-SB Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 516.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- - ........7.
NAYS: None-
GRANTS-PUBLIC ASSISTANCE: The Assistant City Manager submitted a
written report of the City Manager advising that the City Manager's
Task Force on Homelessness studied the homeless and low-income housing
situation in Roanoke and presented their' findings and recommendations
in a comprehensive report entitled, "No Place To Call Home" in April
1987; and the City Manager appointed a Follow-Up Task Force to evaluate
how well the report's reco,q~nendations are implemented and to recommend
new activities based on future funding.
It was further advised that Council accepted an Emergency Shelter
Grants Program entitlement of $26,000.00 on November 16, 1987, pursuant
to Resolution No. 28872, allocated under the Stuart B. McKinney Home-
less Assistance Act, from the United States Department of Housing and
Urban Development, to provide services to the homeless.
It was pointed out that the City invited applications from local
agencies and publicly advertised for proposals to assure that all
interested organizations had an opportunity to submit their funding
requests; that requests totalling $60,500.00 were received from Total
Action Against Poverty, Roanoke Area Ministries, Salvation Army, and
the Roanoke Valley Trouble Center; that the City Manager asked the
Follow-Up Task Force on the Homeless to carefully review proposals and
make recommendations on the allocation of funds; and Council concurred
in the recommendations submitted by the Follow-Up Task Force on January
25, 1988, pursuant to Resolution No. 28963, to allocate funds as
follows:
$3,000.00 to Roanoke Area Ministries
$3,000.00 to Salvation Army
$20,000.00 to Total Action Against Poverty
The committee did not recommend an allocation for
TRUST since they had received funding of $9,465.00
from the Virginia Shelter Grants Program through
the City of Roanoke.
101
m
The City Manager explained that the Salvation Army, with apologies
to the City, has declined to accept the grant due to objections by
their national office to the exclusionary religious language used by
the Department of Housing and Urban Development; that the Follow-Up
Task Force on the Homeless studied each proposal again using the appli-
cation requirements, federal guidelines, and predetermined criteria to
recommend reallocation of the Salvation Army's original $3,000.00 allo-
cation, and Roanoke Area Ministries and Roanoke Valley Trouble Center
were found to be eligible for funding.
The City Manager further explained that the Follow-Up Task Force
on the Homeless submitted the following recommendation for the reallo-
cation of funds based on the following criteria and guidelines:
$3,000.00 be allocated to Roanoke Area Ministries
for the RAM House Project designated as follows:
$2,100.00 for the payment of maintenance
and operation costs (excluding staff),
to include: rent, insurance, utilities,
and furnishings.
$900.00 for the provision of essential
services concerned wi th employment,
health, substance abuse, education or
food.
The City Manager recommended that Council amend Resolution No.
28963 and allocate the $3,000.00 Emergency Shelter Resource Funds as
recommended by the Follow-Up Task Force on the Homeless, and authorize
the City Manager to execute the sub-grant agreement.
Allocate $3,000.00 previously allocated to the
Salvation Army, to Roanoke Area Ministries for the
RAM House Project.
Authorize the City Manager to enter into a sub-
agreement with Roanoke Area Ministries for proper
expenditure of the funds.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
ACT I ON:
(#29047) A RESOLUTION concurring in the recommendation of the
City Manager's Follow-up Task Force on Homeless for the reallocation of
Emergency Shelter Resource Funds, and authorizing the execution of the
subgrant agreement with Roanoke Area Ministries to administer the
funds.
(For full text of Resolution, see Resolution Book No. 50, page 517.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- . ....... 7.
NAYS: None-
INDUSTRIES-CITY PROPERTY: The Assistant City Manager submitted a
written report of the City Manager advising that Vitramon, Inc., has
purchased 22.307 acres, designated as Parcel 2A, in the Roanoke Centre
for Industry and Technology, to construct a computer chip manufacturing
facility; and construction of the building is scheduled to begin in
mi d-Apri 1.
102
ACT ION:
The City Manager further advised that the site plan submitted by
Vitramon shows its main building within forty feet of the cul-de-sac at
the end of Chip Drive; that restrictive covenants require that it be
seventy-five feet from such road; that Vitramon desires a temporary
waiver of the subject deed restriction, allowing it to proceed with
construction of the building until such time as the process can be
undertaken to amend the subdivision plat to vacate part of the cul-de-
sac that is not needed by the City which will insure that the Vitramon
building is set back seventy-five feet from Chip Drive.
[t was noted that the temporary waiver is provided for under No.
13 of the deed restrictions for the Roanoke Centre for Industry and
Technology; and letters from Gardner Denver and Vitramon who own or
lease over fifty per cent of the land, sold or leased, in the Roanoke
Centre for Industry and Technology agreeing to the waiver have been
received by the City.
The City Manager recommended that Council grant Vitramon, Inc., a
temporary waiver of the seventy-five foot setback requirement in deed
restriction thus allowing it to proceed with construction of a computer
chip manufacturing facility, and also authorize the City Manager to
file a petition to vacate the part of the cul-de-sac that is unne-
cessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29048) A.RESOLUTION granting Vitramon, Incorporated, a tem-
porary waiver of a setback requirement for development in the Roanoke
Centre for Industry and Technology, and authorizing the filing of a
petition to vacate a portion of Chip Drive, N. E.
(For full text of Resolution, see Resolution Book No. 50, page 518.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ...... 7.
NAYS: None ................. O.
BUDGET-CITY ENGINEER-MAPS: The Assistant City Manager submitted a
written report of the City Manager advising that a City mapping system
is composed of over 1400 separate map sheets which are manually pre-
pared and maintained at various scales; that more than 950 changes and
corrections are made annually to maintain the system; that existing
maps suffer from numerous and sometimes significant inaccuracies due to
age and method of production; that staff time required to maintain the
existin§ manual mapping system is multiplying due to the increasing
number of changes and demand for more accurate map information; and on
November 9, 1987, Council designated funds in the Capital Maintenance
and Equipment Replacement Program for a mapping system.
It was furti~er advised that the Engineering Department is in the
process of improving the City mapping system by developing a com-
puterized mapping system to replace the manual system, which project is
to be phased over seven years; that the pilot project will be prepared,
using a section of the City as a model, to demonstrate the benefits
that will be derived by converting to an automated mapping system; that
purchase of computer equipment is necessary for the Engineering
Department to implement Phase [ of the automated mapping system; that
the equipment will also be utilized by the department to perform other
engineering related functions; that prices for equipment will be
requested through the Department of General Services in accordance with
the City Code; and action by Council is necessary to appropriate CMERP
funds.
The City Manager recommended that Council authorize appropriation
of $10,000.00 from the Capital Maintenance and Equipment Replacement
Program to the Engineering Department, Account No. 001-0524310-9015, to
implement Phase I of the automated mapping system.
(For full text, see report on fi)e in the City Clerk's Office.)
ACT[ON:
ACT[ON:
ACTION:
Mr. Musser offered the foliowin9 emergency budget Ordinance:
(#29049)
the 1987-88
emergency.
AN ORD[NANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, Pa9e 518.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........ 7.
NAYS: None ........ O.
BUDGET-SHERIFF: The Assistant City Manager submitted a written
report of the City Manager concurring in a report of the Bid Committee
with reference to the purchase of vehicles for the Sheriff's Depart-
ment.
The Bid Committee recommended that Council accept the lowest
responsible bid submitted by Berglund Chevrolet, [nc., for two new
sedan automobiles, in the total amount of $23,1/5.14, and reject the
other bid received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29050)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 519.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor ................ 6.
NAYS: None ..................................
(Council member Bowers abstained from voting.)
Mr. Harvey offered the following emergency Ordinance:
(#29051) AN ORDINANCE providing for the purchase of two new four-
door sedan automobiles for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 519.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowles and
Mayor Taylor .......... 6.
NAYS: None ........
(Council member Bowers abstained from voting.)
CiTY MARKET: The Assistant City Manager submitted a written
report of the City Manager concurring in a report of the Bid Committee
with reference to replacement of awning covers over the farmers stalls
on the City Market Square.
103
104
ACTION:
ACT[ON:
The Bid Committee recommended that the City Manager be authorized
to enter into a contractual agreement with Sunnyside Awning & Tent
Company, Inc., to fabricate and install the new awning covers, in the
amount of $13,000.00 and 35 consecutive calendar days; and authorize
encumbrance of $13,000.00 in Building Maintenance, Account No. 001-052-
4330-3056.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29052) AN ORDINANCE accepting the bid of Sunnyside Awning &
Tent Company, Incorporated, for replacement of awning covers over far-
mers stalls on the Market Square, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 520.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............
NAYS: None ............
O®
REPORTS OF COMMITTEES:
APPALACHIAN POWER COMPANY-FIRE DEPARTMENT-SPECIAL PERMITS: Council
member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Committee, recommending
that Council authorize execution of an APCO indenture providing an
easement for an electric power line across the Fire Station No. 11 site
to serve the Bennington Place Shopping Center.
A staff report pointed out that the Bennington Place Shopping
Center is being developed on property to the east of the fire station;
that APCO has an electric power line across the southeasterly corner of
the fire station lot, and APCO wishes to serve the shopping center from
that line.
[t was explained that APCO has submitted an indenture which would
create an easement, 180 feet long and 35 feet wide, and would permit
the installation of an electric service line extending from a new pole
in the existing line to the shopping center property parallel and adja-
cent to the northerly side of Mount Pleasant Boulevard, S. E.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29053) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 524.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None- O.
SPECIAL PERMITS: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, recommending that Council authorize execution of a
license to permit encroachment, by 3.4 feet, of the residence at 1511
Persinger Road, S. W., into West Drive, S. W., for a one time charge of
$100.00.
ACT[ON:
A staff report explained that Mr. Norton Stone owned the property
at 1511 Persinger Road, identified as Lot 13, Section B, Lakeland,
Official Tax No. 1350720, for many years; that Mr. Stone built an addi-
tion on the house in approximately 1962 which is on the easterly end
facing West Drive; that Mr. Stone died in 1987, and the Executrix of
his estate, Mrs. Selena Pederson, his daughter, is selling the house.
It was further explained that a survey of the Stone property pre-
pared by T. P. Parker & Son, Engineers and Surveyors, dated February
23, 1988, has established that the northeasterly corner of the 1962
addition to the house encroaches into the right-of-way of West Drive by
3.4 feet; that West Drive is a dead-end street, currently approximately
500 feet long, 34 feet wide, which has little chance of ever being
extended and could not be made a through street; and there is only one
other residence on the street which is owned by Mr. Stone's daughter.
It was noted that the City Administration is of the opinion that a
license for the encroachment to extend for the life of the structure,
with appropriate public liability insurance and indemnification to the
City, pursuant to Section 15.1-37/, Code of Virginia 1950 as amended,
would be appropriate in this case; and pursuit of both a license to
encroach and a whole or partial street closing is the intent of Mrs.
Pederson who will ultimately choose the option that is the most advan-
tageous.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29054) AN ORDINANCE permitting an encroachment of approximately
3.4 feet over and into the right-of-way of West Drive, S. W., for an
appendage of the structure located on the property bearing Official Tax
No. 1350720, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 525.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................... 7.
NAYS: None ....... O.
SPEC[AL PERM[TS-SEWERS AND STORM DRAINS: Council member Elizabeth
T. Bowles, Chairman of the Water Resources Committee, presented a writ-
ten report on behalf of the Committee, recommending that an approxima-
tely n}nety square foot portion of an easement in Official Tax No.
2310207 be vacated in accordance with conditions set forth in a staff
report, and, at the same time, accept the donation of the extension of
the remaining portion of the fifteen foot easement from its current
terminus to the adjacent property line to serve property identified as
Official Tax No. 2310224.
A staff report pointed out that Valley Machine & Maintenance
Company, [nc., occupies Lots 2A and 2B, Runnymeade Subdivision,
Official Tax Nos. 2310207 and 2310224; that the lots extend through the
block between Loudon and Centre Avenues, N. W.; and the existing build-
ing is 100 feet wide and 150 feet long.
It was explained that the property owner desires to add an addi-
tion, 40 feet long and 100 feet wide, onto the rear (Centre Avenue end)
of the structure; and the addition encroaches upon a combined public
utility, sanitary sewer and drainage easement in a triangular area
approximately 45 feet long, four feet wide at its widest point and
tapering to zero at the apex of the triangle.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
105
106
ACT[ON:
(#29055) AN ORDINANCE authorizing vacation of an approximately 90
square foot portion of a public utility, sanitary sewer and drainage
easement located adjacent to Centre Avenue and upon Lot 2A, Runnymede
Subdivision, Official Tax Number 2310207, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 526.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor--- 7.
NAYS: None ..............
--0,
SALE/PURCHASE OF PROPERTY-PUBLIC WORKS: Council member Elizabeth
T. Bowles, Chairman of the Water Resources Committee, presented a writ-
ten report on behalf of the Committee, transmitting the following
recommendations:
Council authorize the Administration to petition
for a rezoning of parcels identified as Official
Tax Nos. 3250801, 3250802, 3250804 and 3250805,
from RM-2, Residential Multi-Family Zone to LM,
Light Manufacturing Zone, which zone permits public
works service center type activities.
Council authorize the purchase of the above noted
parcels subject to the rezoning.
Council authorize the appropriation of $65,000.00
to include $60,000.00 purchase price and $5,000.00
for screening and fencing, from the previous year's
retained earnings in the Internal Service Fund to
an account to be established by the Director of
Finance upon successful rezoning.
A staff report pointed out that the Utility Line Services
Department's daily operations in maintaining utility lines City-wide
produce relatively small, truck load or less, quantities of excess soil
and rock material, usually wet, which need to be air-dried then
regraded to a smooth contour; that such materials are expensive to
haul long distances, particularly partial loads, and are not needed at
the Regional Landfill inasmuch as they shorten the life of facility by
taking valuable space; that the on-site disposal area at the Read Road
facility of Utility Line Services is full; that the area is comprised
of some five acres for a fill area and another five acres for utility
storage, and the area has been in use for approximately twenty years;
and City-owned fill areas for this purpose are non-existent.
The staff report further pointed out that David D. Williams is
the owner of a 10.74 acre tract of land identified as Official Tax Nos.
3250801-3250805, respectively, located on the easterly end of Sand
Road, N. E., adjacent to the City's Hollins Road Park; that the pro-
perty lies approximately sixty per cent within the flood plain of
Tinker Creek; that filling may take place on all of the property except
the floodway; and it is within three-quarters of a mile of the Utility
Line Services, Read Road Facility.
The staff report advised that the City Administration, based upon
the value of the property for tax purposes established by the Office of
Real Estate Valuation, initially offered $46,000.00 and suggested a
donation for tax purposes; that Mr. Williams responded with a proposal
to sell for $60,000.00, cash, and acknowledgement by letter of an
appraisal, in the amount of $75,000.00 for the property, established by
American Real Estate Appraisal Corporation dated April 16, 1987; that
the intent is for the City to acknowledge the purchase price of
$60,000.00 and the appraisal of $75,000.00, and the City Administration
is of the opinion that this is a fair and equitable offer.
107
m
ACT 10 N:
ACTION:
It was explained that Mr. Williams has executed an option pro-
viding for the purchase price as outlined above extending until August
31, 1988; that the Williams property adjoins Hollins Road Park; that
portions of the property which are within the floodway may be available
immediately for park/open space use; that the life of the property for
use by Utility Line Services is in excess of twenty years, based upon
the small amount of fil I to be applied annual iy; that the fi ! ling
program can be planned so as to provide usable property for park pur-
poses on a continuing basis until the filling is completed, which would
transfer maintenance and use of completed areas from Utility Line
Services to Grounds Maintenance on an annual or bi-annual basis.
It was further explained that filling operations over a long
period of time, even though it is anticipated to be of very low volume,
with infrequent traffic, will require rezoning of the tract of land
from its present RM-2, Residential Multi-Family Zone to LM, Light
Manufacturing Zone, which zone pemnits a public works service center.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29056) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 521.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- - ........7.
NAYS: None-
Mrs. Bowles offered the following emergency Ordinance:
(#2g057) AN ORDINANCE providing for the City's acquisition of a
certain 10.74 acre parcel of real property located on the easterly end
of Sand Road, N. E., bearing Official Tax Nos. 3250801, 3250802,
3250803, and 3250804, in the City of Roanoke, subject to appropriate
rezoning, upon certain temns and conditions, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 522.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor- - .......?'
NAYS: None ...... - .......O.
BUDGET-HEALTH DEPARTMENT: Council member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for replacement of the heat pump system at the City Health
Center, presented a written report on behalf of the Committee, trans-
mitting the following recommendations:
Authorize the City Manager to enter into a contrac-
tual agreement with S. J. Conner and Sons, Inc.,
for the replacement of the heat pump system at the
City Health Center in accordance with the contract
documents as prepared by Lawrence Perry and
Associates, Inc., in the amount of $92,819.00 and
60 consecutive calendar days.
108
ACTION:
ACT[ON:
Concur with the issuance of a purchase order Lo
Webster Construction Company in the amount of
$9,773.00 for the removal of asbestos insulation
and its proper disposal from the present heat pump
and boiler room piping in compliance with regula-
tions governing the work.
Authorize appropriation of $107,200.00 from CMERP
funds to the Health Department budget, Account No.
001-054-5110-9015; $92,819.00 contract amount,
$4,608.00 project contingency and $9,773.00 for
asbestos removal.
The Assistant City Manager submitted a written report of the City
Manager concurring in the recommendations of the committee.
(For full text, see reports on file in the City ClerkIs Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29058)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 523.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ........... 7.
NAYS: None ............
Mr. Garland offered the following emergency Ordinance:
(#29059) AN ORDINANCE accepting the bid of S. J. Conner and Sons,
Inc., for replacement of the heat pump system at the City Health
Department and authorizing the proper City officials to execute the
requisite contract for such work; accepting the bid of Webster
Construction Company for the removal and proper disposal of the
asbestos from the existing heat pump and boiler room piping; rejecting
all other bids made to the City for such projects; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 524.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor ....... 7.
NAYS: None .................. O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29040 authorizing the accep-
tance of a portion of Lake Drive, S. W., and its dedication as public
right-of-way; and authorizing the acceptance of donations of further
contiguous right-of-way, having previously been before the Council for
its first reading on Monday, March 28, 1988, read and adopted on its
first reading and laid over, was again before the body, Mr. Harvey
offering the following for its second reading and final adoption:
(#29040) AN ORDINANCE authorizing the acceptance of a portion of
Lake Drive, S. W., and its dedication as public right-of-way; and
authorizing the acceptance of donations of further contiguous right-of-
way.
(For full text of Ordinance, see Ordinance Book No. 50, page 514.)
i
I09
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the l~ollowing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor .................. ?.
NAYS: None ........... O.
INDUSTRIES-CITY PROPERTY: Ordinance No. 29042 authorizing a right
of entry onto certain City property to Tultex Corporation in order to
permit the construction ol~ a manufacturing plant thereon, having pre-
viously been before the Council for its first reading on Monday,
March 28, 1988, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and fina! adoption:
(#29042) AN ORDINANCE authorizing a right of entry onto certain
City property to Tultex Corporation in order to permit the construction
of a manufacturing plant thereon.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 50, page 514.)
Mr. Trout moved the adoption ol~ the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the i~ollowing vote:
AYES: Council members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor .................... 7.
NAYS: None ........... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER ~ARINGS OF CITIZENS: NONE_.
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
ATTEST: ~
City C1 erk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 11, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 11, 1988, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council mmnbers James G, Harvey, Ii, James O. Trout, David A.
Bowers, Elizabeth T. Bowl es, Robert A. Garland and Vi ce-Mayor Howard E.
Musser .......... .6.
ABSENT: Mayor Noel C. Taylor ............
-=1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Vice-Mayor Howard E. Musser.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser.
PUBLIC ~EARINGS:
ZONING: Pursuant to Resolution NO. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, April 11, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Messrs. Malcolm Thornton,
Jr., and J. Alfred Mullins, that two tracts of land containing .25
acre, more or less, located at 1214 Salem Avenue, S. W., more specifi-
cally described as Lots 12 and 13, Section 34, Map of the Rorer Tract,
Official Tax ~s. 1212105 and 1212104, be rezoned from RM-2,
Residential Multi-Family District, to LM, Light Manufacturing District,
subject to certain conditions proffered by the petitioners, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, March 25,
1988, and Friday, April 1, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending approval of
the request, was before Council.
It was noted that in discussing the recommendation, the Planning
Commission felt that the proposed parking lot and landscaping would
serve as an appropriate buffer zone between commercial and residential
development in the block and as a logical stopping point for the LM
District for the foreseeable future; and the Commission questioned the
viability of the lots for residential development and expressed concern
that the lots would continue to deteriorate if not utilized for some
purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29060) AN ORDINANCE to amend (}36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 121, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 528.)
ACTION: The motion was seconded by Mr. Garland.
111
ACT[ON:
ACT[ON:
ACT[ON:
No person wishing to address Council with regard to the request,
Ordinance No. 29060 was adopted on its first reading by the following
vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vi ce-Mayor Musser ............ 6.
NAYS: None ..........................
O®
(Mayor Taylor was absent.)
CONSENT AGE NDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the Members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, con~nissions and committees
appointed by Council; and a legal matter pertaining to the use of real
property for public purpose.
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, co~issions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the following vote:
AYES: Counci] members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... 6.
NAYS: None
(Mayor Taylor was absent.)
HOUSING: A report of qualification of Veron E. Holland as a
member of the Fair Housing Board for a term of three years ending
March 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ......... O.
(Mayor Taylor was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter pertaining to the use of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter per-
taining to the use of real property for public purpose, pursuant to
Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
112
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ...... --6.
NAYS: None ......................
(Mayor Taylor was absent.)
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PET IT iONS AND COMMUNICATIONS:
ELECTIONS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, advising that the Board has
been infonl~ed by the School Administration that Highland Park Elemen-
tary School will be closed for renovation during the 1988-89 school
year and will not be available for voting during that time; that
Section 24.1-36 of the Code of Virginia states that polling places
shall be located in public buildings whenever practicable; that since
no public building is available in the Highland No. 2 precinct, the
Electoral Board recommends that the conference room in the Roanoke City
School Maintenance Building, 250 Reserve Avenue, be approved as an
alternate voting place during renovation of the school; that the con-
ference room is a suitable location within the 300 yard limitation oi~
the Highland No. 2 boundary (Franklin Road); that the proposed site
provides ample space at ground level with on and off street parking
available; and the entrance will be made accessible for handicapped
voters before the November 8 election, was before Council.
It was further advised that School officials have approved use of
school property as a temporary polling place during the 1988-89 school
year; that Section 24.1-39 of the Code of Virginia requires that a
notice of a proposed relocation of polling place be published in a
newspaper of general circulation once a week for two consecutive weeks
and no such changes can be made within sixty days next preceding any
general election; and since the temporary relocation requires the
approval of the Attorney General, it is requested that the matter be
set for public hearing and action by Council.
(For full text, see co~unication on file in the City Clerk's Office.)
Mr. Harvey suggested that the request be tabled until after the
May 10, 1988, Mayor and Councilmanic election due to the fact that
recent publicity in the newspaper has confused some persons regarding
the location of their polling place. He advised that he has been in
contact with the President of Old Southwest, Inc., who would like to
investigate the possibility of using the Alexander Gish House as a
polling place inamnuch as it is in close proximity to the present pre-
cinct.
Mr. Harvey moved that the matter be tabled until after the May 10,
1988, election; and that the City Mar. ager and the Electoral Board be
requested to work with representatives of Old Southwest, Inc.,
regarding the possibility of using the Alexander Gish House as a tem-
porary polling place for the Highland No. 2 Precinct. The motion was
seconded by Mr. Trout and adopted.
Ms. Audrey M. Franklin, Registrar, appeared before Council and
advised that Mr. Harvey's suggestion is feasible so long as a location
can be established in sufficient time to obtain approval of the Justice
Department and within sixty days of the next election. She explained
that each person affected by the change must be duly notified even
though the change is temporary.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
113
m
STATE HIGHWAYS: The City Manager submitted a written report
advising that the Roanoke Valley Area 1975-1995 Transportation Plan was
amended by the Roanoke Area Metropolitan Transportation Planning
Organization (MPO) on March 24, 1988, to reflect the potential for
widening Orange Avenue, N. E. (U. S. Route 460) from four lanes to six
lanes between 11th Street, N, E., and the East Corporate Limits; and
the MPO also amended the Transportation Plan on October 22, 1987, to
reflect the potential for widening King Street, N. E., to an improved
two lanes between Orange Avenue and Mecca Street.
It was explained that Orange Avenue is presently a six lane
arterial between 1-581 and 11th Street, N. E., at which point it
narrows to a four lane arterial; that the 2,5 mile corridor from 11th
Street, N. E., to the East Corporate Limits handles as much as 40,390
vehicles per day between 13th Street, N. E., and Gus Nicks Boulevard
(1986 traffic count); that based upon an average annual growth rate of
five per cent, it is predicted that this figure will increase to nearly
65,000 vehicles per day by the year 1995; and it should also be noted
that truck traffic accounts for more than thirty per cent of the
current traffic vol~ne.
The City Manager further explained that King Street is presently a
twenty-foot wide, two-lane collector route between Orange Avenue and
Mecca Street (a distance of 1.2 miles) at which point it becomes an
improved, thirty-five foot wide, two-lane roadway; that King Street
presently carries 7,000 vehicles per day; that based upon an average
annual growth rate of five per cent, it is predicted that this figure
will increase to 10,300 vehicles per day by the year 1995, which wil!
include truck traffic destined for Tultex and other future developnent
at the Berkley Bottom site.
It was noted that highway projects which the Council requested for
programming by the Virginia Department of Transportation, the date of
the Council meeting at which the request was made, and the current pro-
ject status are as follows:
Franklin Road Widenin9 from Elm Avenue to Third
Street, S. W. -June 17, 1985.
(preliminary engineering in progress)
Peters Creek Road Extension from Melrose Avenue to
Lee Highway - June 17, 1985.
(alignment study in progress)
Interchange with 1-581, northwest of Tenth Street,
f-(-f-6-a-~ibil ity study complete)
Tenth Street Widenin9 from Gilmer
Williamson Road, N, W. -April 28, 1986.
lpreliminary engineering in progress)
Avenue to
Thirteenth - Ninth Street from Orange Avenue to
Dale Avenue, S. E. -April 28, 1986.
(p~eliminary engineering in progress)
Hershberger Road Extension from Will iamson Road to
Orange Avenue - April 28, 1986.
(alignment study in progress)
Fi fth Street Bridge replacement over NS Ratlroad -
April 28, 1986.
(preliminary engineering in progress)
First Street Bridge replacement over NS Railroad-
April 28, 1986.
(included in First St./Gainsboro Rd./Wel)s Ave.
Project)
Wonju Street Extension from Colonial Avenue to
Brandon Avenue - April 28, 1986
.
(not yet programmed)
114
First Street/Gainsboro Road, N. W., Widening/Rea-
lignment from Madison Avenue to Salem Avenue -
April 13, i987.
(preliminary engineering in progress)
Wells Avenue, N. W. Widening/Realignment from
Williamson Road to First Street, N. W. -April 13,
1987.
(preliminary engineering in progress)
Presently each of the above projects have been
listed or could be listed in the Virginia Depart-
ment of Transportation's upcoming tentative Six-
Year Highway Plan.
The City Manager advised that funding amounts for other City high-
way projects are projected in the Virginia Department of Transpor-
tation's Six-Year Improvement Program to be $6,300,000.00 for fiscal
year 1988-89; that this would likely include all projects previously
requested for programming as listed above; that the remaining five
years of the Six-Year Improvement Program are projected to be funded at
$6,000,000.00 each; and the City's five per cent share (approximately
$300,000.00 each year) is to be funded for each of the next three years
through the Capital Improvement Program which is contingent upon future
bond sales.
It was explained that the widening of Orange Avenue, N. E., is
desired to improve traffic movement along the major east/west corridor
in order to meet anticipated traffic growth; that costs associated with
the subject roadway improvement are estimated at $11,500,000.00; that
of these totals, Federal and State urban funding would pay for 95 per
cent of the project cost ($10,925,000.00); that City share would be
only five per cent ($575,000.00); and funding for the City's five per
cent share would have to be made available at the time of construction,
with funding intended to come from a future Capital Improvement
Program which is continge,,~ upon the approval of future bond sales.
It was further explained that the widening of King Street, N. E.,
to an improved two lane roadway is desired to improve traffic movement
along the collector route to better serve future automobile and truck
traffic; that costs associated with the subject roadway improvenent are
estimated at $1,000,000.00; that of these totals, Federal and State
urban funding would pay for 95 per cent of the project cost
($950,000.00), and the City's share would be five per cent
($50,000.00); and funding for the City's five per cent share would have
to be made available at the time of construction, with funding intended
to come from a future Capital Improvement Program which is contingent
upon the approval of future bond sales.
Mr. Herbert pointed out that Council would need to take formal
action by April 30, 1988, in order that written con~nents may be sent to
the Virginia Department of Transportation for use in developing the
Six-Year Improvement Program for fiscal year 1988-89.
The City Manager recommended the following:
Request by Resolution that the Virginia Department
of Transportation program projects for roadway
widening on Orange Avenue, N. E., from four lanes
to six lanes between 11th Street, N. E., and the
East Corporate Limits and on King Street, N. E., to
an improved two lanes between Orange Avenue and
Mecca Street for preliminary engineering, right-of-
way acquisition and construction.
Indicate that, if the City cancels either of these
projects in the future for any reason, the City
would pay one hundred per cent of all costs asso-
ciated with any work completed on the cancelled
project between the time of programming and the
cancellation notice. (This type of statement is
usual and typical of all highway project program-
ming requests made by municipalities throughout
Virginia.)
115
I
m
ACTION:
ACTION:
Approval of this recommendation by City Council
will necessitate the provision of local share
funding, in the fora of a Capital Improvement
Program, at the time of project construction, the
funding of which is contingent upon the approval of
future bond sales.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29061) A RESOLUTION requesting the Virginia Department of
Transportation to program a project of roadway widening on Orange
Avenue, N. E., from four lanes to six lanes between 11th Street, N. E.,
and the East Corporate Limits, for preliminary engineering, right-of-
way acquisition and construction.
(For full text of Resolution, see Resolution Book No. 50, page 525.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............ 6.
NAYS: None ............ O.
(Mayor Taylor was absent.)
Mr. Trout offered the following Resolution:
(#29062) A RESOLUTION requesting the Virginia Department of
Transportation to program a project of roadway improvement to King
Street, N, E., between Orange Avenue, N. E., and Mecca Street, N. E.,
for preliminary engineering, right-of-way acquisition and construction.
(For full text of Resolution, see Resolution Book No. 50, page 526.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ............. 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
BUDGET-EQUIPMENT-PUBLIC ASSISTANCE: The City Manager submitted a
written report concurring in a report of the Bid Comnittee with
reference to bids for the purchase of two automobiles for the Social
Services Department.
The Bid Committee recommended that Council accept the bid sub-
mitted by Magic City Motor Corporation for two new automobiles, in the
total amount of $16,883.32, and reject all other bids; and that Council
appropriate $16,883.32 from the Capital Maintenance and Equipment
Replacement Program to Social Services, Account No. 001-054-5313-9010,
to provide sufficient funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29063) AN ORDINANCE to mnend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 527.)
116
ACTION:
ACTION:
ACT[ON:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Garland and Vice-
Mayor Musser- 5.
NAYS: None O.
(Mayor Taylor was absent.) (Council member Bowers abstained from
voting.)
Mr. Garland offered the following energency Ordinance:
(#29064) AN ORDINANCE providing for the purchase of two new mid-
sized automobiles for use by the City, upon certain reruns and con-
ditions, by accepting a bid made to the City for furnishing and
delivering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 527.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowles, Garland and Vice-
Mayor Musser ............ .5.
NAYS: None ........... O.
(Mayor Taylor was absent.) (Council member Bowers abstained from
voting.)
REPORTS OF COMMITTEES:
SPECIAL PERMITS: Council member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the Committee, in connection with the request for encroacl~nent of a
sign into street right-of-way by Virginia Green Lawn & Garden Center at
4507 Melrose Avenue, N. W., recommending that the request be denied.
A staff report explained that Virginia Green Lawn & Garden Center
recently submitted site plans to the City for the construction of a
seasonal greenhouse and garden sales area; that plans included a sign
in public right-of-way in front of the property; that the site plans
were approved with the sign setting on a temporary stand on private
property, however, the petitioner has asked that the sign be moved onto
public street right-of-way.
it was further explained that several existing signs which have
been in that location for some time are in place near Pilot Street,
N. W.; that they appear to be as near the paved portion of Melrose
Avenue, N. W., as the proposed sign which is probably due to the
varying width of the right-of-way in the area; and should the sign be
allowed by Council, further action by the Board of Zoning Appeals would
be necessary under Section 36.1-404(a) of the Code of the City of
Roanoke, 1979, as amended.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the recommendation of the
Water Resources Committee that the request of Virgina Green Lawn Garden
Center be denied. The motion was seconded by Mr. Trout and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
APPALACHIAN POWER COMPANY-FIRE DEPARTMENT-SPEC[AL PERMITS: Ordi-
nance No. 29053 authorizing execution of an APCO indenture providing an
easement for an electric power line across the Fire Station No. 11 site
Lo serve the Bennington Place Shopping Center, having previously been
before the Council for its first reading on Monday, April 4, 1988, read
and adopted on its first reading and laid over, was again before the
body, Mr. Garland offering the following for its second reading and
final adoption:
ACT[ON:
ACT[ON:
ACT[ON:
(#29053) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 523.)
Mr, Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......... -6.
NAYS: None ........ . .... O.
(Mayor Taylor was absent.)
SPEC[AL PERM[TS: Ordinance No. 29054 permittin9 an encroachnent
of approximately 3.4 feet over and into the right-of-way of West Drive,
S, W., for an appendage of the structure located at 1511 Persinger
Road, S. W., bearing Official Tax No. 1350720, upon certain terms and
conditions, having previously been before the Council for ils first
reading on Monday, April 4, 1988, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(//29054) AN ORDINANCE permitting an encroacl~nent of approximately
3.4 feet over and into the right-of-way of West Drive, S. W., for an
appendage of 'the structure located on the property bearin9 Official
Tax No. 1350720, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 524.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser ....... 6.
NAYS: None ......... --0.
(Mayor Taylor was absent.)
SPECIAL PERMITS-SEWERS AND STORM DRAINS: Ordinance No. 29055
authorizing vacation of an approximately 90 square foot portion of a
public utility, sanitary sewer and drainage easement located adjacent
Lo Centre Avenue and upon Lot 2A, Runnymede Subdivision, Official Tax
No. 2310207, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, April 4, 1988, read
and adopted on its first reading and laid over, was again before the
body, Mr. Garland offering the following for its second reading and
final adoption:
(#29055) AN ORDINANCE authorizing vacation of an approximately 90
square foot portion of a public utility, sanitary sewer and drainage
easement located adjacent to Centre Avenue and upon Lot 2A, Runnymede
Subdivision, Official Tax N~ber 2310207, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 525.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Harvey, Trout, Bowers, Bowles, Garland and
Vice-Mayor Musser .......
NAYS: None ........ --0.
(Mayor Taylor was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
117
118
ACTION:
ACTION:
OTHER HEARINGS OF CITIZENS:
AIRPORT: Mr. W. Robert Herbert, Chairman of the Roanoke Regional
Airport Commission, advised that he received, on April 11, 1988, a
signed grant offer from Mr. William A. Whittle, Director of the Federal
Aviation Administration, Washington Airport District Office, for
$2,200,000.00 of discretionary funding for the Roanoke Regional Airport
Terminal Development Project.
Mr. Herbert pointed out that this concludes the requested Federal
and State funding for the project, and the final funding amounts are as
fol 1 ows:
Commonwealth of Virginia Federal Government (FAA)
$6,219,521
Entitlement $5,786,324
Discretionary 3,400,000
SCHOOLS: Council member James O. Trout advised that several years
ago, during budget study, Council toured various City schools. He
pointed out that this year the City will undertake a tremendous project
of renovating neighborhood schools which was made possible as a result
of Council's support of the prepared food and alcoholic beverage tax,
noting that Roanoke was the last City in the Commonwealth of Virginia
to enact the tax.
Mr. Trout explained that earlier in the day he met with the Mayor
to discuss the possibility of Council, once again, touring various
neighborhood schools, commencing with Highland Park Elementary School,
and the Mayor was in accord with his suggestion. He stated that the
architect in charge of renovations should be in attendance for the pur-
pose of answering questions relative to the proposed improvements and
to discuss the projected cost estimate. He suggested that the
President of Old Southwest, Inc., also be invited to participate,
noting that the tour would enable the Members of Council to be a part
of the beginning of a historical period in the life of the City of
Roanoke.
Mr. Trout moved that the City Manager be requested to confer with
the Superintendent of Schools to arrange an appropriate time for
Council, along with appropriate City staff, to participate in a tour of
neighborhood schools, the first of such tours being Highland Park
Elementary School. The motion was seconded by Mr. Bowers and adopted.
EMERGENCY SERVICES: Council Member David A. Bowers called atten-
tion to the E-911 system, advising that generally speaking he is
advised that the citizens of the City of Roanoke are pleased with the
service. He said E-911 has been operational for approximately one
year, and it would be appropriate for Council to receive a progress
report containing such information as the nunber of calls which have
been responded to by emergency service personnel, input from the Police
and Fi re Departments and rescue squads, the nunber of citizen
complaints received and other pertinent information deemed appropriate
by the City Manager.
Mr. Bowers moved that the City Manager be requested to provide
Council with a progress report on E-911. The motion was seconded by
Mr. Garland and adopted.
COMPLAINTS-BEES: Ms. Stephanie Jackson, 2014 Staunton Avenue,
N. W., appeared before Council and advised that her neighbor, Mr. John
May, 2024 Staunton Avenue, N. W., )las over twenty-four beehives in his
backyard; that the condition has existed for the past eight years and
it is steadily growing worse; and on a warm day (69 degrees and below),
it is virtually impossible to use her backyard for any type of acti-
vity. She explained that her father has an allergic reaction to bee
stings and has been stung on at least two occasions. She called atten-
tion to the droppings of the bees and explained that if the residue is
allowed to remain, it will strip the paint from an automobile. She went
advised that she has a seven year old daughter who cannot go outside
because of the bees. She pointed out that residents in the area have
complained to the City, but they have been advised that Mr. May is
operating in compliance with the City Code; whereupon, she requested
that Council review current provisions of the City Code and amend those
portions pertaining to beekeeping in the City of Roanoke.
119
I
Question was raised as to the n~nber of beehives which may be
legally kept in the City of Roanoke; whereupon, the City Attorney
advised that the Animal Control Officer sllould investigate the
situation, noting that he could not envision anyone keeping twenty-four
beehives on a small City lot and still be in compliance with City Code
provisions. He said the subject was one of much debate in 19/8 when
Council reviewed all of the City's animal control laws, and some rather
extensive regulations were recommended with regard to the keeping of
bees in the City.
ACTION:
Mr. Trout moved that the matter be referred to the City Manager,
the City Attorney and other appropriate City Officials for investiga-
tion and report to Council as expeditiously as possible. The morton
was seconded by Mr. Harvey and adopted.
At 8:10 p.m., the Vice-Mayor declared the meeting in recess.
At 8:35 p.m., the meeting reconvened in the Councll Chamber, with
Vice-Mayor Musser presiding, and all mmmbers of the Council in atten-
dance, with the exception of Mayor Taylor.
HUMAN RESOURCES: The Vice-Mayor advised that there is a vacancy
on the Advisory Board of Human Resources due to the ineligibility of
Ms. Nina C. Bolden to serve another term, and called for nominations to
fill the vacancy. (Ordinance No. 23920 adopted by Council on Monday,
November 28, 1977, provides, in part, that terms are limited to two
consecutive four year terms.)
ACTION:
Mr. Bowers placed in nomination the name of Elizabeth Fetter.
There being no further nominations, Ms. Elizabeth Fetter was
elected as a member of Advisory Board of Human Resources for a term
ending November 30, 1991, by the following vote:
FOR MS. FETTER: Council members Harvey, Trout, Bowers, Bowles,
Garland and Vice-Mayor Musser ........ .... 6.
(Mayor Taylor was absent.)
There being no further business, the Vice-Mayor declared the
meeting adjourned at 8:38 p.m.
ATTEST:
APPROVED
y Clerk
Vice-Mayor
.!
120
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 18, 1988
2:00 p.m.
The Council of tile City of Roa.loke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, April 18, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Moetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended,
PRESENT: Council mc~nbers Howard E. Musser (left the meeting at
2:15 p.m.), James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A.
Garland, James G. Harvey, [! (left the meeting at 2:15 p.m.), and Mayor Noel C.
Tayl or ....... 7.
ABSENT: None .... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John Morris,
Associate Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of ~merica
was 1 ed by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for exterior and interior painting at the Carvins Cove Filter Plant,
said bids to be received by the City Clerk until 1:30 p.m., on Monday,
April 18, 1988, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Gaines & Oguin Building and
Painting Contractors
D. Baker & Company, Inc.
$ 9,150.00
11,688.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as m~nbers of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be rmnoved from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss a real estate matter.
121
ACT[ON:
ACT[ON:
COUNCIL: A cmnmunication fr~n Mayor Noel C. Taylor requesting an
Executive Session to discuss a real estate matter, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a real estate matter, pursuant
to Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... 7.
NAYS: None ......
YOUTH: A report of the City t~nager providing an update on cer-
tain Youth Services Citizen Board recommendations, was before Council.
The City Manager advised that the Board presented its Annual Plan
to Council on Ouly 17, 1987, with the following recommendations:
The City of Roanoke should further investigate
the feasibility and cost factors in the deve-
l opnent and implementation of a teen center
for the youth of Roanoke City. This feasibi-
lity study should be conducted within a six
month time frame through the City Manager and
should include citizens and young people to
ensure coffmunity involvement and also provide
adequate staff support.
The City of Roanoke should continue to address
the followin9 youth employment issues: (a) the
need for a central place or agency to take
charge or to make referrals on employment
opportunities for all young people in the City
of Roanoke who need employment or are
interested in seeking employment; and (b)
review the transportation issues and investi-
gate alternatives for assistance.
It was explained that action taken to date on the recon~nendations
is as follows:
Recommendation No. 1 - The Office on Youth
gathered and reviewed information on teen centers
throughout the United States. This information
will be further analyzed and used as part of the
overall study for the teen center (recreational
activities) for Roanoke City. The Office on Youth
also held an open youth foru~ which dealt, in part,
with recreational opportunities for teens in
Roanoke City. The teen center concept was
discussed during this open forum. Lastly, a more
comprehensive investigate, on is needed in order to
complete the feasibility study and cost analysis.
This study and analysis will be completed by August
1988.
Recommendation No. 2 - To comply with City Coun-
cil's request on this reconmendation, the City
Administration, in conjunction with the Office on
Youth, conducted a preliminary investigation of
the two issues. The findings indicated that a for-
mal study was needed which would include the two
areas as well as other needs for youth (employment/
economic development). This st udy wi 11 be
completed by September 30, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
122
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................. 7.
NAYS: None .........................
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~IMUNICAT[ONS: NONE.
At this point, 2:15 p.m., Vice-Mayor Musser and Council member
Harvey left tile meeting.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented the City's proposed 1988-89
fi scal year budget.
The City Manager orally advised that three months ago, when the
City learned of the Commonwealth of Virginia's new recommended educa-
tion funding formula and education mandates, it is fair to say that he
and each Member of Council was more than anxious, and predicted that
unless serious changes were brought about, the Council Chamber would be
filled with citizens on budget presentation day and throughout budget
study sessions. He said the City's School Administration was the first
in the State to understand that the formula and the mandates were not
the exciting break-through for education that was being stressed by the
Commonwealth at that time. He stated that the City was faced with pro-
viding $3.3 million in new local money for the upcoming fiscal year
1989 budget just to meet education requirements mandated by the State.
He explained that through efforts of Council, City staff and State
legislators, the mandates were deferred for one year, saving the City
approximately $1 million and, due to lobbying efforts, a "no loss"
provision was established in State education funding which assured
Roanoke of receiving the same amount of money from the State as it
received this fiscal year, and provided approximately $650,000.00 more
than was first proposed in early 1988.
Additionally, Mr. Herbert said the City benefited frown a ntinber of
one time cost saving actions, viz: (1) careful negotiations with APCO
whereby a contract was negotiated which reduced electrical rates by
fifteen per cent, thereby saving the City approximately $300,000.00;
(2) the Employees' Retirement System actuarial rate, which is the per
centage of salaries the City pays into the retir~q~ent fund for City
employees, was reduced due to continued positive financial performance
of the fuild by the fund managers, which reduction alone saved the City
in excess of $300,000.00; and (3) the prepared food and alcoholic
beverage tax brought in more money than was anticipated, representing
approximately $1.7 million in new dollars for fiscal year 1988-89.
Mr. Herbert said the above factors, when all combined, have
allowed him to present to Council a $131.8 million recommended balanced
fiscal year budget for 1988-89, which includes no tax increase and no
service reductions.
The City Manager explained that the highlights of the proposed
budget are as follows:
(1)
Full funding of the School Board's revised
budget, which includes a teacher salary
increase of 7.3 per cent as mandated by the
State.
m
m
(2)
A new method of awarding merit increases to
City employees based on the market rate of
each pay range, noting that 99 per cent of all
City employees will be eligible for a merit
increase, which will be a minimun of five per
cent and a maxim~ of 7.4 per cent.
Mr. Herbert said he made recommendations for modest increases in
basic service categories, primarily in health, safety and welfare,
which include funds for a regional hazardous materials response team,
enhancements to the emergency medical services program, an increase in
Fire Department training from $256.00 per employee to $478.00, and
funds to support the sale of bonds for school and municipal purposes as
authorized in November 1987 by public referendun. He said a year ago
when he recommended to Council the prepared food and alcoholic beverage
tax, he discussed an annual paving program along with funds for repla-
cement of essential rolling stock and equipment as well as certain
capital maintenance on public buildings, advising that the level of
funds for paving and capital maintenance is proposed at the same level
for fi scal year 1988-89.
The City Manager pointed out that unlike a n~nber of local govern-
ments in Virginia, the City of Roanoke was able to present a balanced
budget without service cuts or a tax increase; however, the City was
assisted this year by a one time cost saving and the relaxation of
State mandates which will not be available to the City in fiscal year
1990. He said one of the most critical issues for this and future
budgets is an ongoing trend by the State and Federal Governments to
abandon the traditional support of local governments; that from fiscal
year 1988-89 alone, support frmn the State and Federal Governments has
decreased more than 10.8 per cent as a percentage of the City's General
Fund budget and, to compound matters further, mandates continue to come
without supporting funds. He said while the City's immediate financial
position is sound, community expectations continue to exceed available
financial resources; that City Government, in coordination with its
citizens, must face the fact that it cannot do everything; that because
of the existing environment, one of a flat revenue base, and continuing
demands for service, it becomes clear that during the next several
years revenue and expenditure lines will begin to close, with expen-
ditures exceeding available revenue; and these converging lines will
have an impact on future tax rates of the City or levels of service
unless new adjustments are made.
Mr. Herbert said the City needs a strong strategic planning
effort, and City staff will be in a position to talk publicly about
such a plan in the near future.
The City Manager advised that he would like for the City to inten-
sify its marketing and development efforts for citizens in the City,
Valley, State, Region and Nation, in order to obtain the most positive
attitude about the opportunity to live or to do business in the City of
Roanoke; and he would like to be out in front on Local, Valley and
State issues so that the City may continue to take advantage of oppor-
tunities where they exist and avoid problems in the future.
The Director of Finance advised that the City has a balanced
budget with no recmnmended tax increases. He said he has certified and
estimated that the revenues for fiscal year 1989 will be $131.8 million,
an increase of 4.9 per cent over the current adopted budget. He
pointed out that prepared food and alcoholic beverage tax was not in
place, the General Fund Would have gone up 1.9 per cent. He said
Federal and State revenues made up only 28.5 per cent of the estimated
revenue increase, while 71.5 per cent had to be provided by local sour-
ces. He added that last year Federal and State revenues provided 39.3
per cent, a reversal of almost 11 per cent, which does not take into
consideration revenue sharing monies that were lost by the City over
three years ago. Mr. Schlanger said it is believed that fiscal year
1990 will be the year in which the City of Roanoke will face its
greatest challenge, and the advice and policy direction of Council is
requested.
(See proposed fiscal year 1988-89 budget for the City of Roanoke on
file in the City Clerk's Office.)
123
124
ACTION:
ACTION:
Mr. Trout moved that the budget doc~ent be referred to 1988-89
budget study for consideration. The motion was seconded by Mr. Garland
and adopted.
ITEMS RECOi~MENDED FOR ACTION:
ANNUAL REPORTS: The City Manager presented a written report
tranN~litting the City's 1987 calendar year Annual Report, advising that
details concerning the report will be released to the news media on
Monday, April 18, 1988, and the reports will be delivered to each
street address in the City on April 19 and 20, 1988.
Mr. Herbert advised that the report will be useful in educating
the public as to the many duties of City Government; that it is timely
in that as the City works toward a 1988-89 budget with a theme of
"Managing Expectation", a first task in that process must be the
sharing of information as accomplished through the Annual Report.
(For full text, see City Manager's report and Annual Report on file in
the City Clerk's Office.)
Following discussion, Mr. Trout moved that Council approve distri-
bution of the 198/ Annual Report to citizens of the City of Roanoke
during the week of April 18, 1988. The motion was seconded by Mr.
Garland and adopted.
AIR POLLUTION CONTROL: The City Manager submitted a written
report advising that an Environmental Protection Agency (EPA) Long
Term Research Program is being conducted of products of incomplete com-
bustion; and goals of the study are:
identification of principal airborne carcinogens,
determination of which emission sources are the
major contributors of carcinogens to ambient air,
and
improvement of the estimate of comparative hunan
health risk from specific air pollution emission
sources.
It was explained that emission types to be studied include
Residential Wood Combustion and Residential 0il Combustion among
others; that the first study was conducted in Boise, idaho, on Residen-
tial Wood Combustion; that the EPA has studied the nationwide use ol~
oil for residential heat, has found that it is the most highly con-
centrated in the east, and has established that Roanoke is one of the
Lop five cities in the country in use of oil for residential heat.
The City Manager pointed out that EPA is preparing to do the
second in their series of investigations, which will be Residential Oil
Combustion and has chosen Roanoke as the test site; that Mr. Alan
Hoffman of the EPA, Research Triangle Park, N. C., visited the City
Tuesday, March 29, 1988, to discuss availability of test equipment
(monitoring) sites, mostly to be located on City property in parks; and
timing of the project would be:
start installation mid-September 1988
check-out late October, 1988
start sampling November, 1988
end by February 1, 1989
It was advised that the amount of funds spent in Roanoke will be
approximately $500,000.00 for construction and twice daily data collec-
tion by monitoring personnel; that total personnel will be 25 to 30 for
three months at approximately $5.00 to $6.00 per hour; that monitoring
stations would be located in City parks; that there may be an addi-
tional site in Salen and one on top of Fort Lewis Mountain (upward of
urban area), and City sites are negotiable.
125
ACT[ON:
ACT[ON:
It was further advised that primary monitoring stations will
include elevated platforms on scaffolding about 14 feet high, located
on a fenced area 30' x 50'; that auxiliary monitoring stations will
also be elevated and will be approximately 12' square; that there will
be at least one primary station and three or four auxiliary stations in
the City; that all stations will have towers supporting meterlogical
equipment; that residential sampling, inside private homes, will also
be conducted, and residents participating will be paid approximately
$150.00 for allowing monitors in their homes for a four day period.
The City Manager recon~ended that Council indicate the City's
support for the Environmental Protection Agency, Air Quality Study of
Residential Oil Combustion, and that he be authorized to enter into
negotiations with the EPA concerning terms and conditions of a lease
for use of City properties, such lease to be brought to Council for
approval as soon as possible.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29065) A RESOLUTION expressing the support of the Council for
an Air Quality Study of Residential Oil Combustion to be conducted in
the City by the Enviromnental Protection Agency.
(For full text of Resolution, see Resolution Book No. 50, page 520.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland and Mayor
Tayl or--
NAYS: None- . ......... O.
(Vice-Mayor Musser and Council member Harvey were absent.)
REPORTS OF COM, MITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AYE S:
Tayl or---
ZONING: Ordinance No. 29060 rezoning two tracts of land con-
taining .25 acre, more or less, located at 1214 Salem Avenue, S. W.,
described as Lot 12, Section 34, Map of the Rorer Tract, Official Tax
No. 1212105; and Lot 13, Section 34, Map of the Rorer Tract, Official
Tax No. 1212104, having previously been before the Council for its
first reading on Monday, April 11, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29060) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 121, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 528.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
Council members Trout, Bowers, Bowles, Garland and Mayor
NAYS: None-- · ............ O.
(Vice-Mayor Musser and Council member Harvey were absent.)
MOTIONS AND MISCELLA~OUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
126
ATTEST:
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:05 p.m.
APPROVED
City C1 erk
127
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 25, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the Hurt
Park Elementary School Gymnatoriun, 1525 Salen Avenue, S. W., City of Roanoke,
on Monday, April 25, 1988, at 7:30 p.m., with Mayor Noel C. Taylor presiding,
pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code
of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 28889,
adopted by the Council on Monday, December 7, 1987.
PRESENT: Council members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Robert A. Garland, James G. Harvey, Il, and Mayor
Noel C. Taylor ................. ----7.
ABSENT: None ...........
O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Pauline Haskins,
Associate Pastor, Staunton Avenue Church of God.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
m
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids to replace athletic field lighting at Breckinridge Park, Winsloe
Drive and Fleming Avenue, N. E., said bids to be received by the City
Clerk until 4:30 p.m., on Monday, April 25, 1988, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bid:
BIDDER
BASE BID TOTAL
*Shively Electrical Company, Inc. $79,490.00
*NOTE: Alterations to bid.
Mr. Harvey moved that the bid be referred to a committee to be
appointed by the Mayor for study, report and recon~endation to Council.
The motion was seconded by Mr. Musser and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
PUBLIC ~ARINGS:
SCHOOLS: On June 30, 1988, there will be three vacancies on the
Roanoke City School Board for terms of three years each commencing
July 1, 1988, and ending June 30, 1991.
Pursuant to Section 9.20.1, Public Hearing Before Appointment of
School Board Members of the Code of the City of Roanoke, 1979, as
amended, Council sh~l hold a public hearing to receive input from
citizens with regard to those persons who have applied for the vacan-
cies; and Council, at a regular meeting held on Monday, March 7, 1988,
having unanimously voted to hold the public hearing on Monday, April
25, 1988, at 7:30 p.m., or as soon thereafter as the matter may be
heard, the subject was before the body.
128
ACTION:
Advertisement of the public hearing was published in the morning
and evening editions of The Roanoke Times & World-News on Thursday,
April 14, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
The persons who are to be accorded the public interview on Thurs-
day, April 28, 1988, are as follows:
Marilyn Co Curtis
LaVerne B. Di!!on
Emanuel C. Edwards
David K. Lisk
Velma Sei f
James M. Turner, Jr.
Mr. Harvey moved that each speaker be given three minutes for his
or her presentation. The motion was seconded by Mr, Garland and unani-
mously adopted.
The Mayor inquired if there were persons present who would like to
address Council regarding the abovenmned applicants; whereupon, the
following persons made presentations:
Ms. Ann P. McClain, 3101 Maywood Road, S. W.,
appeared before Council in support of the appoint-
ment of Mrs. Velma Seif, advising that she is the
mother of four school age children in the City
school system, ages seven through fifteen. She
said she has known Mrs. Self for over twelve years,
and she has worked with her on various groups. She
added that Mrs. Self has the same old-time values
that wil! stand the test of time, alon§ with pro-
gressive ideas. She pointed out that Mrs. Seif has
children in the City School System, she is familiar
with teachers, she is objective and she is a pro-
blem-sol ver.
Ms. Mary L. Lear, 1318 Crescent Street, N. W.,
appeared before Council in support of the appoint-
ment of Mrs. Seif, advising that in the fourteen
years she has known her, Mrs. Seif has worked for
Roanoke citizens and for children. She said Mrs.
Self is a good person, a fair person and she is her
own person; therefore, she would like for Mrs. Seif
to be appointed to the School Board.
Ms. Betty L. Perkins, 3137 Yardley Drive, N. W.,
appeared before Council in support of the appoint-
ment of Mrs. Self, advising that Mrs. Seif is woll
qualified for the position she seeks. She said she
is aware from personal experience that Mrs. Seif is
not running for personal glory nor is her position
political, and she is willing to work for a good
education for all of the children in the Roanoke
City Schools, She asked that Council take into
consideration Mrs. Seif's knowledge with regard to
the City School system and appoint her as a member
of the Roanoke City School Board.
Ms. Connie P. Waid, 3331 Troy Avenue, N. W.,
appeared before Council in support of the appoint-
ment of Mrs. Self, advising that she has known Mrs.
Seif for many years and she has worked with her in
the Parent Teacher Association. She said Mrs. Self
is a dedicated person, very knowledgeable about the
School system and she has the best interest of the
students at heart.
Ms. Eula K. Meadors, 1501 8th Street, S. E.,
appeared before Council in support of the appoint-
ment of Mrs. Seif, advising that she appeals to
Council on Mrs. Seif's behalf as a parent, a PTA
member, and an eight year veteran of the Roanoke
129
'm
City Schools Volunteer Program. She said Mrs.
Seif's many years of service to the Roanoke Valley
and to the City School system is a demonstration of
the love she has for all mankind. She added that
as past President of an el(~nentary school, a junior
high school and a high school, Mrs. Seif has shown
remarkable leadership skills; that she has served
on the Central Council PTA, and presently serves as
President, and she has served on the State PTA
Board. She stated that, if appointed, Mrs. Self
will contribute al! of her knowledge and under-
standing to the School Board.
Mr. Lawrence H. Hamlar, 1937 Grayson Avenue, N. W,,
appeared before Council in support of the appoint-
ment of Mrs. Marilyn C. Curtis. He said he has
worked with Mrs. Curtis for thirty-five years; and
she has four children who were enrolled in the City
School system. He commented that Mrs. Curtis has
been active in all phases of the PTA, she is civic-
minded and she would bring expertise in dealing
with budget matters.
The Mayor advised that the comments would be received and referred
to the public interview of candidates on Thursday, April 28, 1988, at
7:00 p.m., in the City Council Chamber.
m
m
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, con~nissions and con~nittees
appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 28, 1988, and Monday, April 4, 1988, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council members Nusser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ..... 7.
NAYS: None ....................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None ................ O.
130
ACTION:
ACT[ON:
RADIO-TELEVISION: A communication from Mr. B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sun-
mary of Cox Cable Roanoke's status as of March 31, 1988, was before
Council.
(For full text, see co,~unication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............ 7.
NAYS: None ......................
OFFICE ON YOUTH: A report of qualification of Harriet A. Vance as
a member of the Youth Services Citizen Board for a term ending May 31,
1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fo11 ,wi ng vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................... .--7.
NAYS: None ........
REGULAR AGENDA:
HEARING OF CiTiZENS UPON PUBLIC MATTERS:
BUDGET-CITIZENS SERVICES COMMITTEE-THE FREE CLINIC, INC.: Mr.
Brian K. Monday, Treasurer, and Mrs. Estelle K. Nichols, Executive
Director of the Free Clinic, Inc., appeared before Council and advised
that their purpose in addressing Council is to promote an awareness of
the Free Clinic inasmuch as it has been a somewhat quiet program in the
City of Roanoke for many years, and the ultimate goal is to request the
support of Council.
Mr. Monday further advised that the Free Clinic provides medical
services for patients which represent the working poor, the temporarily
unemployed and the retired poor. He said these are people without
health insurance and unable to pay for medical service, yet they are
ineligible for government subsidy. He added that the Free Clinic is
filling in for those people who have no form of health insurance.
With regard to statistics, Mr. Monday explained that in 1987, the
Free Clinic saw 5,500 patients and, in 1988, they expect to see 6,500
patients, taking into consideration the nunber of clients they have
seen thus far this year. He said the Free Clinic does not see people
who can be seen elsewhere; that they provide free medical care
including dental work, oral surgery, pharmaceuticals for follow-up
care, laboratory testing, mental health counseling and follow-up refer-
rals to specialists. He added that the Free Clinic does not overlap
with the services of the Health Department; viz: if an individual has
an acute problem and needs help immediately, the Health Department is
not in a position to provide medication because it takes at least three
weeks to see a Health Department physician who would then have to write
a prescription inasmuch as the Health Department will not recognize
outside prescriptions. In fact, he said a quarter to a third of the
referrals to the Free Clinic on a given night come from the Health
Department directly. He went on to advise that the story of the Free
Clinic is one of vol unteeri sm with a total of 340 volunteers (108 doc-
tors, 30 dentists, 25 pharmacists, and 45 nurses), noting that supplies
are also donated, therefore, most of the pharmacutical needs are met
through donations.
m
m
ACT[ON:
ACTION:
Mr. Monday explained that the Free Clinic has an expanding popula-
tion due, in part, to Federal Government cutbacks and, in part, to
rising health costs, noting that the goal of the Free Clinic is to keep
the clients in the ~orkforce, and to keep them self-reliant. He said
during the past winter, the Free Clinic had ils peak patient night in
which volunteers saw 94 persons and, within the building that same
night, there were 150 people in an area of 2500 square feeL. He added
at the present time, /5% of the patients are City residents; that their
biggest problem is rising pharmacy costs; that when he became Treasurer
of the Free Clinic four years ago, approximately $10,000.00 existed for
pharmacy needs; however, this year the Free Clinic is projecting about
$45,000.00 in direct costs.
Mr. Monday requested that Council consider an on9oin9 level of
support above that which the Free Clinic receives from the Citizens
Services Committee. He said the Free Clinic is looking for awareness
and general support from within tile community and an interconnection
with services.
Mr. Trout moved that the request be referred to 1988-89 budget
study for consideration. The motion was seconded by Mrs. Bowles and
unanimously adopted.
PETITIONS AND CONMUNICATiONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate the following funds, was
before the body.
$47,280.00 for the Removal of Architectural Bar-
riers to the Handicapped Program. The program is
one hundred per cent reimbursed by Federal funds,
and the funds will be used Lo modify schools to
provide accessibility for the handicapped in accor-
dance with the Schools' Capital Improvement Plan
approved in May, 1987.
$9,856.00 for the Preschool Incentive Program. The
program is one hundred per cent reimbursed by
Federal funds, and the funds will be used to pro-
vide orientation and evaluation for handicapped
students who will be entering the public school
system for the first time during the fall.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he has reviewed
the request for appropriation of the two grants; that the appropriation
is one hundred per cent federally funded; and recommending that Council
concur in the request of the School Board, was al so before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29066) AN ORDINANCE to ~end and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 529.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................. 7.
NAYS: None ........
131
132
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BEES-COMPLAINTS: The City Manager submitted a written report
advising that on April 11, 1988, Ms. Stephanie L. Jackson, 2014
Staunton Avenue, N. W., appeared before Council to express concern
about her neighbor's beekeeping activities and requested a change in
the ordinance, and Council referred the request to the City Manager and
the City Attorney for review and recommendation.
It was explained that the Code of the City of Roanoke, 1979, as
amended, Chapter 6, Article 6, governs beekeeping and was developed
after extensive public hearings in 1978; that the intent of the ordi-
nance is to allow beekeepers, who practice good management and good
housekeeping, to maintain a reasonable n,mber of apiaries (beehives) as
a hobby within residential zoning; and enforcement is handled by the
Animal Control unit of the Police Deparbnent.
Mr. Herbert pointed out that he established a review team to ana-
lyze the situation and develop recomnendations; that the team consisted
of the City Attorney, the Director of Administration and Public Safety,
the Assistant to the City Manager for Con~nunity Relations, the Chief of
Police, the City Treasurer (who is a member of the Blue Ridge Bee-
keepers Association), and Dr. Richard Fell, Virginia Tech Associate
Professor of Entomology (Apiculturist).
It was noted that the review team found that the owner of pro-
perty at 2024 Staunton Avenue, N. W., had twenty-nine working apiaries
on an approximately 14,000 square foot lot, and a violation was cited
by the Police Department which is now pending before the court.
The City Manager recolmnended that Council amend the existing ordi-
nance to further restrict the distance that apiaries can be placed to
adjoining properties and enact a density requirement; and a draft ordi-
nance will be presented to Council for consideration on Monday, May 2,
1988.
Mr. John May, 2024 Staunton Avenue, N. W., appeared before Council
and advised that he has been a life long resident of the City of
Roanoke, having been born and raised at his present address; that he
has striven to be a good neighbor and a law-abiding and contributing
citizen; and he regrets and apologizes to everyone concerned for the
problems and inconveniences caused by the keeping of honeybees at his
home,
He said with regard to the citations given to him for placing some
of the colony hives too close to the adjoining property line, in viola-
tion of the City Code, he did not do so with intent of violating the
Code, and all such colonies were removed within 48 hours of being
c i ted.
Mr. May explained that in his desire to become a proficient
beekeeper, he has attended nunerous beekeeping workshops and seminars,
and, in recent years, he has been called upon to teach and lecture on
several segments of beekeeping; that he is a charter member of the B1 ue
Ridge Beekeeper's Association of the Roanoke Valley and serves as a
member of the Swarm Committee which responds to calls by police, fire
and other area public agencies, as well as local residents, to remove
swarms of honeybees from residential and public areas.
He further explained that upon the passing of his father, it
bec~ne necessary for him to care for his aging mother, and it was for
this reason that he established a few colonies of bees at his home,
thereby, permitting him to be close to his mother and at the same time
work the bees to help with their income. He said he found that the
nectar sources in that particular area of tile City produced a light and
very tasteful honey which brought a higher price than dark honey, and
for this reason, he increased the colony nunber to 25, primarily
through the capturing of swarms, He advised that he also established
apiaries at other locations outside the City with a total colony count
of approximately 100 hives.
133
.!
Mr. May pointed out that the removal of 14 to 16 of the colonies
at his residence to c(~nply with the amendments being proposed will
significantly reduce his income. He asked that Council carefully con-
sider the effect the proposed a.,nendments to the ordinance will have on
hi s livel lhood.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout asked if consideration had been given to the control of
beekeeping as a business in the City; whereupon, the City Attorney
advised that an ordinance of this type is necessarily an effort to
balance interests; that apiarists tell the City that one can keep a
small nunber of beehives in an urban environment without being a
nuisance if the beekeeper practices good and effective management; that
too many bees in an urban enviromnent will create a nuisance and the
City is trying to strike a balance so that beekeepers who practice good
management and good housekeeping can maintain a small number of hives
without being a nuisance to their neighbors.
He pointed out that there are three ways to control the size of a
beekeeping operation that could be conducted in the City; that the pro-
posed ordinance states the density requir£ments, noting that on a lot
of 10,000 square feet or less, an operator could have only four hives,
and on a lot of 16,000 square feet, the operator could have seven
hives. He explained that another way to control businesses is through
the Zoning Ordinance which provides for certain restrictions on home
occupations; viz: no home occupation can change the outside appearance
of a dwelling, there can be no home premises sales conducted, and there
can be no outside display or storage associated with a home occupation.
He added that another way to control businesses is through the business
license code, advising it is true that State Code exempts from business
licensing by municipalities, peddlers of farm products which they have
produced; however, if a beekeeper were to conduct sales of honey on the
premises, he then would not be acting as a peddler and such action
would become a matter for the Commissioner of Revenue, who has autho-
rity to enforce the business license code, to investigate and take
necessary enforcement action.
Mr. Lee C. Hartman, Jr., 3236 Cove Road, N. W., appeared before
Council and advised that he has known Mr. May for a n,~nber of years and
he regrets to say that the news media has tried to make him appear to
be the "boogie man" of Staunton Avenue. He said he was referring to an
incident which occurred on Sunday, April 24, in which Mr. May was
attempting to calm the bees by rattling a can and the media portrayed
that action as an act to rile the bees. He stated that Mr. May started
in the beekeeping operation by mistake and became a bit greedy as some
people tend to do by increasing his hives; and his business has pros-
pered because he has a very superior grade of honey. He commented that
he is not opposed to the proposed amendments to the ordinance inasmuch
as some control should be exercised, however, Mr. May looks after his
mother and they have a small income; and he requested that Council con-
sider the effect the proposed ordinance; if adopted, wi)l have on Mr.
May and his mother if his beekeeping operation is suddenly stopped. He
spoke in support of a compromise agreement with Mr. May whereby he
could reduce his operation over a period of time.
Mr. Harvey moved that the presentations be referred to the City
Manager for consideration and reco~endation to Council. The motion
was seconded by Mr. Musser and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND PLAYGROUNDS-CELEBRATIONS: The City Manager submitted
written report advising that Festival-in-the-Park, Inc., has requested
the use of certain City park facilities and the barricading of certain
public streets, or portions thereof, in connection with the 1988
Festival-in-the-Park scheduled for May 28 - June 5, 1988.
Colonial Plaza Key Plaza
Elmwood Park Smith Park
Wasena Park Wiley Drive
Bull itt Avenue (Jefferson Street to Elmwood Park)
Church Avenue (Jefferson Street to Will iamson Road)
134
ACT[ON:
Elm Avenue (Jefferson Street to Williamson Road)
Franklin Road (Jefferson Street to Williamson Road
Jefferson Street (Franklin Road to Elm Avenue)
Wtlliamson Road (Franklin Road to Elm Avenue)
It was explained that public liability and property damage
insurance, pursuant to Section 15.1-14.9 of the Code of Virginia, 1950,
as amended, must be furnished by organizations permitted to use the
public streets; that the amount of the insurance is to be established
by the governing body; that the required insurance policy should name
the City of Roanoke, its officers, agents, and enployees as additional
insured; and in addition, as a matter of policy, the City requires
public liability insurance for the use of all public facilities
including City parks.
[t was further explained that Council needs to establish the
amount of liability insurance that Festival-in-the-Park, [nc., will be
asked to provide in connection with the subject events; and Festival-
in-the-Park, inc., has offered to provide an insurance coverage with
limits of liability of $1,500,000,00 Combined Single Limit, which was
the amount established by Council for the 198/ Festival-in-the-Park.
The City Manager recommended that Council approve insurance
coverage, with limits of liability of $1,500,000.00, in connection with
Festival-in-the-Park; and that Festival-in-the-Park, Inc., furnish the
insurance and name the City of Roanoke, its officers, agents and
employees as additional insured on the policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29067) A RESOLUTION establishing the minimu~ amount of public
liability and property damage insurance to be provided by Festival-in-
the-Park, Inc., for festival activities.
(For full text of Resolution, see Resolution Book No. 50, page
Mr. Musser moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............... 7.
NAYS: None O.
CLEAN VALLEY C~M[TTEE: The City Manager submitted a written
report advising that Clean Valley, [nc., was originated by the govern-
ments in the Roanoke Valley to coordinate a valley-wide litter control
program; that all grants to the localities are received by each loca-
lity and transferred to the Clean Valley Council for that purpose; and
the total of all five grants is as follows:
City of Roanoke
Roanoke County
City of Salem
Town of Vinton
Botetourt County
$ 8,101.00
7,034.00
3,038,00
1,635.00
3,941.00
Total $23,749. O0
[t was explained that the Clean Valley Council, [nc., generally
submits a cooperative grant application for the five localities; and
the Department of Waste Management, Division of Litter Control and
Recycling (Commonwealth of Virginia), requires a resolution from each
locality designating the Clean Valley Council, [nc., as recipient of
the funds for the year beginning July 1, 1988.
The City Manager recommended that Council designate the Clean
Valley Council, [nc., as recipient of the Division of Litter Control
and Recycling Grant for the year beginning July 1, 1988.
(For full text, see report on file in the City Clerk's Office.)
135
m
m
ACTION:
ACTION
Mrs. Bowl es offered the following Resolution:
(#29068) A RESOLUTION designating the Clean Valley Council to
develop a coordinated litter control program f'or the entire Roanoke
Valley and authorizing such Council to apply for certain grant funds
from the Commonwealth for operation of such program.
(For full text of Resolution, see Resolution Book No. 50, page 530.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ................ 7.
NAYS: None ........ O.
BUDGET-GRANTS-COMMONWEALTH'S ATTORnEY-DRUGS: The City Manager
submitted a written report concurring in a request of the Common-
wealth's Attorney with regard to the appointment of a Multi-Jurisdic-
tional Special Drug Prosecutor for the City of Roanoke, the City of
Salem, and the Counties of Craig, Franklin and Roanoke.
The Commonwealth's Attorney advised that Federal funding for the
position was made available to the State of Virginia to be used for
the developnent of several Multi-Jurisdictional Special Drug Prosecu-
tors statewide; that the positions were developed to coordinate prose-
cutorial efforts among independent jurisdictions, reduce fractional and
duplicative prosecutions, enhance the recovery of criminal assets, uti-
lize federal, state and local resources to assure maximum prosecutorial
effectiveness and provide specialized prosecutorial resources to the
regional drug enforcement effort; and, in addition, the position is
intended to incorporate, if feasible, the establishment of a Multi-
Jurisdictional Grand Jury.
It was explained that the Commonwealth's Attorneys of Craig
County, Franklin County, Roanoke County, the City of Salem and the City
of Roanoke applied on October 9, 1987, to the Commonwealth's Attorneys'
Services and Training Council, the state agency responsible for the
administration of the grant money, to fund a Multi-Jurisdictional
Special Drug Prosecutor.
It was further explained that on November 25, 1987, the Common-
wealth's Attorneys' Services and Training Council (CASTC) notified the
abovementioned Commonweal th's Attorneys that this region's Grant
Application was approved, in the amount of $/0,000.00, to provide for a
full-time regional special drug prosecutor and program operation; that
on December 23, 1987, a revised budget was submitted by the Common-
wealth's Attorneys and accepted by CASTC on December 29, 1987; and on
March 11, 1988, the participating Commonwealth's Attorneys met and
decided that the special drug prosecutor wou]d be located in the Office
of the Commonwealth's Attorney for the City of Roanoke for administra-
tive purposes, subject to the approval of Council.
The Commonwealth's Attorney recon~ended that Council authorize
acceptance and participation in State Grant No. ADA87-A65/6 for a
Multi-Jurisdictional Special Drug Prosecutor, in the amount of
$70,000.00; that the City Manager be authorized to execute all appro-
priate docunents in connection with the grant; and that $70,000.00 be
appropriated for the position, in accounts to be established by the
Director of Finance in the Grant Fund.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29069) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 531.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
136
ACTION:
ACTION:
ACTION:
AYES: Council mmnbers Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............................................. 7.
NAYS: None ............
O®
Mr. Bowers offered the following Resolution:
(#29070) A RESOLUTION authorizing the acceptance of a Multi-
Jurisdictional Special Drug Prosecutor Grant made to the City of
Roanoke by the Commonwealth of Virginia and auttlorizing the acceptance,
execution and filing of all appropriate doc~nents to obtain such grant.
(For full text of Resolution, see Resolution Book No. 50, page 532.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ....... .7.
NAYS: None ........
GRANTS-YOUTH: The City Manager submitted a written report
advising that a grant for the Office on Youth was first officially
awarded to the City under the Virginia Delinquency Prevention and
Youth Development Act on June 11, 1980; that the grant budget is for a
twelve month period, beginning July 1, 1988 through June 30, 1989; and
the grant provides for the continuation of coordinated planning and
program implenentation for the Office on Youth.
It was explained that the Department of Corrections informed the
Virginia Delinquency Prevention and Youth Development Act Grant Program
Directors that there were no monies approved by the 1988 General
Assembly for inflationary costs for fiscal year 1988-89 Virginia Delin-
quency Prevention and Youth Development Act Grant programs; that the
total grant budget is $46,516.00; and funding for the local cash match,
in the amount of $10,000.00, has been included in the fiscal year
1988-89 Community Planning Budget.
The City Manager recommended that he and the Director of Finance
be authorized to execute and forward the grant application to the
Department of Corrections, and, if awarded, the grant will be presented
to Council for acceptance and fund appropriation.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(//29071) A RESOLUTION authorizing the filing of an application
with the Commonwealth of Virginia Department of Corrections for a
Delinquency Prevention and Youth Development Act Grant for the purpose
of continuing coordinated planning and youth services program implemen-
tation by the City's Office on Youth until June 30, 1989.
(For full text of Resolution, see Resolution Book No. 50, page 532.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... ...?.
NAYS: None .........
-0.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS:
cial report of the City of Roanoke for the month of March, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
The Director of Finance submitted the finan-
The
137
ACTION:
BUDGET: The Director of Finance submitted a written report
advising that the City of Roanoke's Internal Service Fund accounts for
certain service-providing departments; and the service-providing
departments within the Internal Service Fund recover the costs of pro-
viding those services by charging the receiving departments.
It was explained that budgeted funds for internal services were
allocated in the current fiscal year budget throughout the various
deparbnents based on estimated usage; that usage has varied from origi-
nal estimates; that it is necessary to make appropriation transfers
between several departments to provide sufficient funds for internal
services for the r~nainder of the fiscal year; that the transfers will
not increase the original overall budget, only reallocate amounts bet-
ween departments; and transmitting a budget ordinance to provide for
the reallocation which is recommended to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following energency budget Ordinance:
(#29072) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriation and providing for an ~nergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 533.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor- 7.
NAYS: None ....... O.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM, WITNESS PROGRAM:
The Director of Finance submitted a written report advising that Vic-
tim/Witness Assistance Grant No. 86-A6400 began July 1, 1986, and ended
November 30, 1987; and funding and expenditures for the 9rant were as
fol 1 ows:
State Local Total
Funding $32,550.00 $6,575.92 $39,125.92
Expenditures 32,151.96 6,000.40 38,152,36
Unexpended Amount
$ 398,04 $ 575.52 $ 973.56
ACTION:
It was explained that total appropriation for the grant was
$39,125.92; that actual funding received was $39,125.92, and total
expenditures were $38,152.36; that the unexpended amount of $398.04
will be returned to the State, and the unexpended local match amount of
$575.52 will be returned to the General Fund.
The Director of Finance reco~ended that Grant No. 86-A6400 be
closed; that unexpended funds of $398.04 be returned to the State; that
unexpended local funds of $575.52 be returned to the General Fund; and
that the following appropriation and revenue adjustments be enacted:
Regular Employee Salaries
State Grant Revenue
Local Match
(035-026-5110-1002)
(035-035-1234-7012)
(035-035-1234-7013)
$ (973)
(398)
(575)
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29073) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 534.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
138
ACTION:
ACTION:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor .............. 7.
NAYS: None ..... O.
REPORTS OF CONMITTEES:
BUDGET-NURSING HOME: Council member Robert A. Garland, Chairman
of a committee appointed by the ,Mayor to tabulate bids received for
alterations and additions to the Coyner Springs Nursing Home, presented
a written report on behalf of the co,~nittee recommending that Council
award a lump sun contract Lo Campbell Construction and Development
Company, Inc., in the m~ount of $91,919.00 and 90 consecutive calendar
days for completion; that the City Manager be authorized to enter into
a contractual agreement with Campbell Construction and Development
Company; that all other bids be rejected; and that CouDcil approve
appropriation of the following funds from the 1985 Bond Series, Account
No. 008-052-95/7-9183, to a capital account as established by the
Director of Finance:
Contract /~ount
Project Contin9ency
Furnishings for New Space
$ 91,919.00
7,381.00
16,000.00
TOTAL PROJECT AMOUNT
$115,300.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the followin9 emergency budget Ordinance:
(~29074)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 535.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ......... .---7.
NAYS: None ..... O.
Mr. Garland offered the following emergency Ordinance:
(#29075) AN ORDINANCE accepting the bid of Campbell Construction
and Development Company, Inc., for alterations and additions to the
Coyner Springs Nursing Home for the City of Roanoke, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such ~rk;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 535.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the fo]lowin9 vote:
AYES: Council members Musser, Trout, Bowers, Bowles, Garland,
Harvey and Mayor Taylor ............
NAYS: None .........................................
.0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
139
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
MISCELLANEOUS: Ms. Norma R. Smith, 11 14th Street, S. W.,
welcomed the members of Council to the Hurt Park Elementary School and
encouraged Council to hold future meetings in the Hurt Park area.
She called attention to the increasing n~nber of business
establis~ents on Salem Avenue from loth Street to 13th Street,
advising that some residents are concerned about the businesses moving
in close proximity to their homes.
Ms. Smith also spoke in support of having Hurt Park Elementary
School open during the evening hours for the benefit of children in the
area.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Ms. Danielle M. Rand, 3571
Mudlick Road, S. W., appeared before Council and advised that on behalf
of the Greater Deyerle Neighborhood Association, she would like to
express appreciation to the members of Council for their interest in
the neighborhoods in th£ City of Roanoke. She said the City Manager
and his staff have also been attentive to the neighborhoods and the
neighborhood associations look forward to the continued support and
interest of the City. She added that the area encompassed by the
Greater Deyerle Neighborhood Association is known for its rural atmos-
phere, no sidewalks, curbs, gutters or parks and the members of the
Association hope that the Peters Creek Road project will not adversely
impact the neighborhood.
POLICE DEPARll4ENT: Mr. Donovan O. Hendrick, P. O. Box 1172,
Vinton, Virginia, appeared before Council and presented a written sta-
tement with regard to burglaries at the homes of three of his relatives
in southeast Roanoke.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
for report to Council. The motion was seconded by Mr. Musser and una-
nimously adopted.
WATER/WATER DEPARTMENT: Mr. Bill H. Tanger, representing Friends
of the Roanoke River, a coalition of ten groups, plus nunerous indivi-
dual members, appeared before Council and advised that the organiza-
tion is composed of river users, boaters, environmentalists, fishermen
and concerned taxpayers. He said he would like to address the issue of
Roanoke City's participation in the Spring Hollow Project, advising
that Roanoke County has asked the City to decide if it will participate
in Spring Hollow; that the City has hired a consultant to help make the
decision, yet Roanoke County has not released its study of one of the
best alternative water supply systmns -- Smith Mountain Lake.
Mr. Tanger explained that Friends of the Roanoke River believe it
would make more sense to not decide on Spring Hollow participation
until the lake study is completed and reviewed by the parties involved;
and recommended that the City Manager table any decision on Spring
Hollow until the lake study is made public and thoroughly reviewed.
On another matter, Mr. Tanger said it is recognized that Council
members cannot study every issue in complete detail, and for that
reason, Council may not be aware of all of the pros and cons of water
supply alternatives; that at a meeting of Old Southwest, Inc., certain
points were raised which indicated an area that might need some eluci-
dation; and for that reason the organization compiled a fact sheet on
two points regarding the controversy.
He called attention to a map which indicates the distance between
the Lafayette Sewage Treatment Plant and the Spring Hollow Reservoir
downstream which is 2.8 miles; and the distance between the Roanoke
Sewage Treatment Plant and Smith Mountain Lake is greater than that,
however, the point is that both are below sewage treatment plants.
140
ACT[ON:
Mr. Tanger said the second point relates to water quality; that
the State Water Control Board does periodic water quality tests both on
the river above Spring Hollow and on the lake, and the most recent
tests indicate the following; viz: that on Smith Mountain Lake, "high
phosphorous levels and metals concentrations in excess of EPA criteria
were the major problens found." He said with regard to the Roanoke
River, at the Lafayette gauge, the study determined the following:
1. "Zinc exceeds the national chronic criterion.
Phosphorus concentrations exceeded the thres-
hold.
27 per cent of the samples exceeded fecal col-
if. nh bacterial standards.
Levels of arsenic in the sediments r~nain
heavily polluted by EPA criteria. A study
should be conducted to determine whether
proble~ sources of arsenic exist or the cri-
terion is simply not appropriate."
He said his point is not that the water in the river and the lake
is unfit to drink; that both have some undesirable elements; that both
can be sent through a water treatment plant and will be perfectly safe
to drink; and in fact, the State Water Control Board, in 1986, sun-
marized, in their Smith Mountain Lake Study, the following:
"Planners have considered Smith Mountain Lake as a
possible public water supply in the past and this
option could be pursued in the future. The State
Water Control Board in 1984 ranked Smith Mountain
Lake highly as an alternative source of water for
the Roanoke Valley. The local ol=ficials have cho-
sen to pursue another option, but other con~nunities
could possibly turn to Smith Mountain Lake in the
future to meet their water needs."
Mr. Tanger said in s,mrmary, Council should be aware that Spring
Hollow is below a sewage as well as Smith Mountain Lake; that the lake
has lead and the river has arsenic, but both are quite usable for a
basic water supply; that the choice between Spring Hollow and the Lake
should be over quantity, reliability, and cost, not whether they are
below a sewage treatment plant, noting that the river near Spring
Hollow has more of a sewage problen than the lake because the sewage
treatment plant is better in Roanoke than in Montgomery County.
On behalf of Friends of the Roanoke River, Mr. Tanger requested
that Council agree to postpone any decision on Spring Hollow until the
lake study is reviewed and made public.
Mr. Harvey moved that the statement presented by Mr. Tanger be
referred to the City Manager for review and consideration. The motion
was seconded by Mr. Trout and unanimously adopted.
BEES-POLICE DEPARTMENT-COMPLAINTS-YOUTH: Mr. Ren T. Heard, 1306
Salem Avenue, S. W., appeared before Council and advised that he is a
beekeeper, and stated that before enacting an ordinance relating to
beekeeping in the City of Roanoke, it should be taken into considera-
tion that most City lots are 50 x 100 or 50 x 150, and if an ordinance
is drafted that requires 50 feet from an alleyline or City line, bee-
keeping will be prohibited on most City lots.
141
m
m
Mr. Heard advised that he is a resident of the Hurt Park area and
for nine years, he has renovated ntmlerous houses in the neighborhood.
He added that he is a renovation specialist in rehabilitation of inner
City housing,
Mr. Heard pointed out that one of the biggest problens facing Hurt
Park is the lack of jobs for its youth, adding that the problem has to
be attacked because they are the young men who are creating crimes
against citizens, and they are the persons involved in drug and alcohol
traffic. He said the Police Department does not seem to have a handle
on the problem in some neighborhoods, Hurt Park being one of those
areas. He stated that he lives close to the corner of 13th Street and
Rorer Avenue and for the nine years he has been a resident of the City
of Roanoke, there has been a gathering on that corner each evening of
approximately five to fifty young men who are engaged in drinking,
fighting, and using drugs openly. He pointed out that he has per-
sonally intervened and he has been shot at, assaulted, and had bricks
thrown through the windows of his home because he was the complaining
party.
Mr. Heard stated that it is time for Council to address the pro-
blem, and called attention to a City ordinance which should be enforced
by the Police Deparbnent which sets a curfew of 10:00 p.m., for youth
under the age of 18.
In closing, Mr. Heard said that citizens in the area have a tele-
phone network; and most of the residents are elderly and they are
afraid to report the incidents. He added that the elderly citizens
call him, he calls the Police Department and he, then, becomes the
target; that he has been the target for nine years and will continue to
be because he will not back off. He requested that Council consider
the Feasibility of assigning a neighborhood police officer to the Hurt
Park area and any other area of the City where such a position would be
advantageous, advising that the neighborhood police officer would crone
to know all of the troublemakers, he would patrol the area and he would
provide a certain presence.
ACT[ON:
Mr. Harvey moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Trout and unanimously adopted.
At g:25 p.m., the Mayor declared the meeting in recess.
At 10:10 p.m., the meeting reconvened in the Hurt Park Elementary
School Gymnatori~, with Mayor Taylor presiding, and all members of the
Council in attendance,
HUMAN RESOURCES: The Mayor advised that there is a vacancy on the
Advisory Board of Human Resources created by the resignation of Mr.
Hubert Brooks and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of The Reverend
William L. Lee.
ACT[ON:
There being no further nominations, Reverend Lee was elected as a
member of the Advisory Board of Human Resources for a term ending
November 30, 1991, by the Following vote:
FOR REVEREND LEE: Council members Musser, Trout, Bowers, Bowles,
Garl and, Harvey and Mayor Taylor ....... . .... 7.
There being no further business, the Mayor declared the meeting
adjourned at 10:15 p.m.
ATTEST:~,,~~~.
APPROVED
City C1 erk Mayor
142
SPECIAL SESSION
ROANOKE CITY COUNCIL
April 27, 1988
7: 30 p.m.
The Council of the City of Roanoke met in special session in the
Roanoke Civic Center Exhibition Hall, 710 Williamson Road, N, E., City of Roa-
noke, on Wednesday, April 27, 1988, at 7:30 p.m., pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter, and pursuant to the Proposed
Budget Study and Adoption Schedule for Fiscal Year 1988-89, adopted by Council
or~ Monday, March 28, 1988, with Mayor Noel C. Taylor presiding.
PRESENT: Council members David A. Bowers, Elizabeth T. Bowl es,
Robert A. Garland, James G. Harvey, IT, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ..... 7.
ABSENT: None ..........
O®
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C, Diblin9,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker
City Clerk. '
The invocation was delivered by Mayor Noel C. Tayloro
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the special meeting was called for the pur-
pose of holding a public hearing to receive the co~ents of citizens
with respect to the City Manager's reco~rmended budget for fiscal year
1988-89, and also with respect to the real estate tax rate for fiscal
year 1988-89. He explained that persons would be permitted to register
at a table in the front of the Exhibition Hall if they were desirous of
addressing Council.
The Mayor entertained a motion relative to the amount of time to
be allocated to each speaker; whereupon, Mr. Garland moved that each
speaker be limited to five minutes. The motion was seconded by Mr.
Harvey and unanimously adopted.
The Mayor advised that it was a privilege for the elected and
administrative officials of the City of Roanoke to host the public
hearing. He said Roanoke is a progressive City and its chief concern
is the involvement of its citizens as ways are sought to address future
trends and recommend strategic objectives that will enable us to not
only serve the immediate future, but to organize ourselves in such a
way to experience continuing growth and development through the year
2000.
Mayor Taylor pointed out that Roanoke has always had a big heart,
a provider of services to its citizens and an especially big concern
for its disadvantaged, poor and elderly; that Roanoke is a City of the
future, and revenue is needed to make the necessary improvements to
our schools, streets, storm drains, bridges and other essential
infrastructure projects. He said Council has the responsibility of
making tough and sometimes unpopular decisions; that its resource limi-
tations require careful choices, however, on the positive side, it is
known that new opportunities are energing and we are dedicated to con-
tinue our future growth and development.
The Mayor said he has been sad at heart as he has watched the
withdrawal of federal support for the most vulnerable in the City; that
in fact, the withdrawal of federal funds had an adverse impact on the
entire community, yet we continue to strengthen our fine system of
public education, we have fewer sluns and better streets and we have
citizens who are concerned about and involved in City Government; that
the new airport terminal will strengthen the economy of all of western
Virginia; and a constant effort is being made to improve our large
range of City services.
143
'i
In closing, Mayor Taylor said we must continue to practice economy
in government expenditures and he believes the citizens of Roanoke will
continue to express confidence in their government as Council sees to
it that the money is being spent on projects which they approve, and
the money that is spent should be made to yield the best possible
returns in efficiency and progress.
Mr. Alphonso L. Holland, Sr., 3425 Kershaw Road, N. W., appeared
before Council in support of funding for the Harrison Heritage and
Cultural Center, and advised that a budget was forwarded to Council
that was felt to be fair in an effort to upgrade and continue to sup-
port the Harrison Center. He referred to the $100,000.00 which was
appropriated to Center-In-The-Square, and noted that $111,000.00 was
requested by the Harrison Center which is not an enormous stun to con-
tinue the operation of the Center. He spoke of the advantages when
Harrison applies for grant funds to be able to state that the local
governing body has contributed funds toward its operation.
The Honorable J. Granger Macfarlane, p. O. Box 201, appeared
before Council and advised that he is a Board member of the Harrison
Heritage and Cultural Center. He said the organization is doing a good
job in its area of culture responsibility, it is being run properly and
it is providing a fine asset for the entire community, and he hopes
that Council will grant the request for funding from that standpoint.
He said as a citizen of Roanoke for twenty-nine plus years, it appears
Lo him that there is a matter of fairness and equity with respect to
the application of whatever funds are available for cultural needs and
services in the Valley, and the Harrison Center should be given its
fair share.
As a Senator, Mr. Macfarlane said he reviewed previous budgets and
he is happy to report that in the bienniun of 1982-84, the Con~nonwealth
of Vi rginia contributed $2.6 mil 1 ion to Center-In-The-Square,
$500,000.00 in tile bienniun of 1984-86, $500,000.00 in 1986-88 and, in
the budget which was just adopted, Center-In-The-Square was fortunate
to receive $2 million, which totals $5.6 million over four bienniuns.
He added that considering the fact that the Corrmonwealth has helped the
City with $5.6 million over four years, or better than $1 million per
year for Center-In-The-Square, it seems that the City could take
another look at the budget as iL has been prepared and see the value of
providing the Harrison Center with what Council feels is a fair and
equitable appropriation.
Mr. E. Cabell Brand, 701 W. Main Street, Salem, Virginia, appeared
before Council in support of funding for the Harrison Center, advising
that the Harrison Heritage and Cultural Center grew out of the inspira-
tion of the Northwest Improvement Council led by the renowned Hazel B.
Thompson; and it was her deep conviction that too few black children
had a place to go where they could learn about the fantastic accomp-
lishments of those who had come before them. He said it was Mrs.
Thompson's deep conviction that there was also a need for young people
from the black community to have a place where they could study and
learn the arts, painting, photography, music and dance, etc., and she
believed that this would not only be of value to the black community
but of value to the white community as well. He stated that he is
delighted to report that hundreds of children, black and white, will,
every year, visit the Harrison Heritage and Cultural Center as part of
their school currlculun.
Mr. Brand explained that Total Action Against Poverty continues to
assist the Harrison Heritage and Cultural Center in every way possible;
that he personally assisted Ms. Sally McClain and others in raising
over $90,000.00 for acquisitions and special projects; that TAP's
Planning Department continues to assist the Executive Director in deve-
loping proposals for other funding; and this year, Harrison will have
its second major visiting artist program supported by the Virginia Arts
Co unc i 1.
Mr. Brand further explained that without City support, the Har-
rison Heritage and Cultural Center cannot fulfill the dream that Hazel
Thompson so brilliantly articulated; that every historical and arts
project of note receives substantial funding from the locality in which
it resides; and the Harrison Heritage and Cultural Center is a tremen-
dous compliment to the total arts progran~ning of this community and
deserves its support.
L44
Mr. Brand presented information on exhibits, programs and special
events sponsored by the Harrison Heritage and Cultural Center.
Dr. Anthony T. Remson, 615 McDowell Avenue, N. W., appeared before
Council in support of funds for the Harrison Heritage and Cultural
Center. He said the Harrison Center has made great strides in becoming
more supportive of itself but iL still needs the support of Council.
He said the support will give dividends throughout the future.
Ms. Mercedes James, President of the Roanoke Education Associa-
tion, appeared before Council and advised that Dr. Tota announced at
the March 22, 1988, School Board meeting that Leachers in Roanoke City
would receive an average 7.3 per cent raise; that while they appreciate
the efforts made on their behalf by Dr. Tota and his staff, getting to
that point was not an easy process and it was a long and tedious task
which is not yet over; and it still remains for Council to approve the
School Board budget in order to guarantee state-mandated salary
increases for educators and to support the quality of schools.
She pointed out that from the convening of the General Assembly up
to the present time, the status of teachers as educators has been at
best a precarious one, and adequate educational funding has been very
much in doubt; that teachers and Roanoke City Public Schools deserve
more help from the General Assembly and not a funding gimmick that
would permit VSRS contributions up to five per cent to be subtracted
from the 7.3 per cent state salary mandate.
Ms. James added that to say that teaching is a difficult assign-
ment is truly an understatement; that the amount of time and effort
spent at their jobs is only a small part of what they do; that at the
time of their college graduation, little did they know that they would
be called on to serve as doctors, nurses, counselors, mediators,
psychologists, psychiatrists, custodians, lawyers, architects, artists,
therapists, beauticians and sometimes policemen, wardens and parole
officers; and all things considered, teachers are the most well-
rounded, well-organized, well-educated, practical, flexible and suc-
cessful group of professionals known to h~anity in their classrooms.
Ms. James commented that unfortunately, as far as many citizens
are concerned, teachers are the most over-rated, overpaid, underedu-
cared, mealy-mouthed group of pushovers ever; however, teachers know
that these perceptions are unfair and inappropriate that the truth is
that this is the image they have allowed themselves to develop, and the
one shortcoming of Leachers is that they have sometimes refused Lo
stand up for themselves.
She pointed out that they have allowed those outside of their pro-
fession to usurp their right to free speech; that they have allowed
others to mare decisions that affect them without asking for their
input or advice; that they have allowed those who know nothing abot~c
what they do in the classroom to dictate how they Leach in their
classrooms and how they should be evaluated on that performance.
Ms. James said that teachers can no longer afford to sit back and
let others decide their fates and futures; that the time is now that
they begin to take an active and assertive posture, a posture that no
longer allows them to be used as bargaining chips in a game in which
everyone knows the rules except them; that it is time that educators
start to educate the public about what they do; that it is time for the
public to know that the public schools are in crisis; that urban
schools such as Roanoke's are seeing an increase in the numbers of
children with special needs; that in Roanoke's system alone, the
figures show that from 1980 to 1987 the percentage of special needs
children has increased from 16 per cent to 36 per cent; and instead of
debating on how much to cut, the debate needs to be centered around how
much more should be spent.
Ms. James advised that her purpose in appearing before Council
centers around plans for the future of public education in Roanoke
City; that if teachers are to continue to do the tremendous job they
have done in the past and to meet their onerous responsibilities, they
145
and the community they serve must begin to act now; that the citizens
and elected leaders of Roanoke must begin to make a total co~nitment to
the children and to those who educate them; and voters must be willing
to turn out in large nt~bers to support those who nurture and support
public education and educators.
Ms. Denise A. Reedy, 3427 Oaklawn Avenue, N. W., expressed appre-
ciation to Council for working with the School Board and the Adminis-
tration to reach a temporary solution to the budget problems this year.
She said she is concerned over what happens next year when the balance
of the state mandates that were postponed to the second one-half of the
bienniu~ have to be dealt with. She added that there are needs in the
schools that cannot be addressed because of lack of funds. She said
Preston Park is still a paired school sharing a principal and librarian
with Oakland Elementary School; that there are combination classes in
every grade level, a multi-purpose room that serves as a cafeteria,
auditoriun and gymnasit~, and even though great strides have been made
this year in guidance programs for elementary schools, there is still a
need for more. She said the City has not seen the end of mandated
programs which the State is not going to fund, therefore, the burden of
financing the mandates will fall on the City of Roanoke, and it might
be time for Council to review a long range plan to provide an ongoing
source of income for the schools.
The Mayor inquired if there were other citizens who would like to
be heard. There being none, he declared the special meeting adjourned
at 8:20 p.m.
APPROVED
City Clerk
146
COUNCIL ..... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS
April 28, 1988
7: O0 p.m.
The Council of the City of Roanoke held a public interview with six
candidates for the position of School Board Trustee on Thursday, April 28, 1988,
at 7:00 p,m,, in the Council Chamber, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T, Bowles, Robert
A, Garland, James G. Harvey, [[, Howard E. Musser, James O. Trout and Mayor
Noel C. Taylor ...... 7.
ABSENT: None ........
OFFICERS PRESENT: Ms. Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Ms. Marilyn C. Curtis, Ms. LaVerne B.
Dillon, Mr. Emanual C. Edwards, Mr, David K. Lisk, Ms. Velma B. Seif, and Mr.
James M. Turner, Jr.
The meeting was opened with a prayer by Mayor Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
SCHOOLS: The Mayor advised that on June 30, 1988, the terms of Ms.
LaVerne B. Dillon, Mr. David K. Lisk and Mr. James M. Turner as Trustees of the
Roanoke City School Board will expire, and the purpose of the meeting is to
interview six candidates for the upcoming vacancies.
The Mayor advised of the following actions taken by Council to conform
with the School Board selection process as set forth in Chapter 9, Education, of
The Code of the City of Roanoke, 1979, as amended:
At regular meetings of the City Council held on
January 11 and January 19, 1988, Council announced
its intention to elect three Trustees of the Roa-
noke City School Board for terms commencing July 1,
1988.
Advertisements were placed in The Roanoke Times &
World News on Sunday, January 24, Saturday, January
30, Tuesday, February 2, and Saturday, February 6
inviting applications for the upcoming vacancies.
Six applications were received in the City Clerk's
Office prior to the deadline on Thursday, March 10,
1988, at 5:00 porn. Upon filing, the City Clerk
furnished each applicant with written information
prescribed by Council describing the duties and
responsibilities of Trustees of the Roanoke City
School Board. The mass media was encouraged to
make public service announcenents of the impending
election of School Trustees and the selection pro-
cess required.
On March 14, 1988, at 6:00 p.m., Council held a
public reception with the candidates.
On March 28, 1988, Council, as a Committee of the
Whole, reviewed and considered all applications.
At the regular meeting of City Council held on
Monday, April 4, 1988, at 2:00 p.m., Council, by
public vote, selected all six candidates to be
accorded the public interview. The selection pro-
cess provides, in part, that the nunber of can-
didates to be accorded the interview will not
exceed three times the nunber of positions
available on the Roanoke City School Board, should
there be so many candidates.
147
Those candidates who were to be accorded the public
interview were notified by the City Clerk on
April 6, 1988.
A notice was published in The Roanoke Times &
World-News on Thursday, April 14, 1988, inviting
citi'zens to attend a public hearing on Monday,
April 25, 1988, at 7:30 p.m., at the Hurt Park
Elementary School in order for Council to receive
the views of citizens regarding appointment of
School Board Trustees; and the public was invited
to submit proposed questions to the candidates by
filing such written questions in the City Clerk's
Office by 5:00 p.m., on Thursday, April 21, 1988.
No questions were submitted.
The Mayor advised that the selection process provides that Council
will publicly interview each candidate separately and out of the pre-
sence and hearing of the other candidates. He said interviews of the
candidates would take place in alphabetical order based on the first
letter of the last name of the candidates; that each candidate would be
given the opportunity to make an opening statement of not more than
five minutes; and thereafter Council would ask such questions, as the
Council, in its discretion, deems advisable. He said that the Council
would hold six interviews and each interview would consist of fifteen
minutes. He advised that each candidate would be seated in the
Council's Conference Room, and the City Clerk would advise each indivi-
dually when it was time for his or her interview. He stated that after
completion of each interview, the applicant could leave the Council
Chamber inasmuch as no action would be taken by the Council at that
time.
The Mayor further advised that on Monday, May 2, 1988, at
2:00 p.m., or as soon thereafter as the matter may be considered, the
Council will hold an election to fill the three vacancies on the
Roanoke City School Board for terms of three years, each, commencing
July 1, 1988, and ending June 30, 1991.
The Mayor then requested that the applicants be seated in the
Council' s Conference Room.
The following is a s~nmarization of opening remarks of the can-
didates and responses to questions asked by the Mayor and Members of
Council:
The first person to be interviewed was Ms. Marilyn C. Curtis.
Ms. Curtis advised that she applied for a position on the Roanoke
City School Board last year. She said she has had four children who
were educated in the City schools, beginning in the early 1950's and
ending in 1974 when her last child graduated from high school. She
advised that she' has worked diligently with the school budget as a
parent, as a PTA President and as a member of Central Counctl PTA, She
said she served on the Disciplinarian Committee through the years of
integration when parents of the two races worked together.
Ms. Curtis said she has represented the community on certain
federal programs under the administrations of Dr. Alcorn, Dr. Pack and
through the earlier years of Dr. Tota. She stated that on her applica-
tion she listed her experience with public finances, budgets, civic
activities and communication with the total community. She said educa-
tion must be made available to all children, to all intellectual levels
from K-12, to insure that our children will be intelligent enough to
live at tile level of life they reach as an adult. She added that
training should be implemented through highly qualified, well paid
teachers; and educational facilities, equipment and materials should be
funded using budget controls. She requested Council's favorable sup-
port of her application for appointment as a Trustee of the Roanoke
City School Board.
148
Mr. Bowers asked the following questions:
QUESTION: How do you assess the present state of teacher morale
in the City Schools, and what would you do to improve it?
Ms. Curtis responded that at this time she does not feel that
teacher morale is as low as it has been and it seems that certain
adjustments have been made. She said teachers should be treated cour-
teously, as professionals, and should be well paid for the work they
do; however, teachers must abide by the rules which have been
e stabl i shed.
QUESTION: it seems that the School Board has placed a good amount
of emphasis on programs for gifted students such as the CITY School,
the Governor's School, the Magnet School. What is your assessment of
programs for the average or disadvantaged student who may need r~medial
education?
Ms. Curtis responded that inas~nuch as she is not a part of the
system at the present time, she could not say a great deal about
programs. She said a considerable amount of emphasis should be placed
on the disadvantaged or average student as well as the gifted student.
Mrs. Bowles asked the following questions:
QUESTION: If you were given the projected revenue available to the
Roanoke City Schools by City administrators, would you reco~end appro-
val of a budget to Council that exceeded those projected revenues?
Ms. Curtis responded that she would make a very diligent effort to
work within the financial confines that City staff estimated for opera-
tion of the schools.
QUESTION: Some members of the School Board are perceived as pro
or anti-administration. What would be your position and how do you
think you would be of service to the School Board?
Ms. Curtis responded that she has worked with three school admi-
nistrations and each has had its good and its bad points. She said
there is a place for administration and it has to be in effect in order
for business to run smoothly; however, administration should not be
given full authority with no one raising questions or objections.
Mr. Garland asked the following questions:
QUESTION: If it became necessary to reduce the School budget,
what areas would have the highest priority insofar as reductions?
Ms. Curtis responded that not knowing all of the areas of the
school budget, it would be a difficult question to answer. She
said she would hope that the City would not reach the point where
nunerous programs had to be cut.
QUESTION: How do you see the role of the Roanoke Education
Association as opposed to a member of the School Board looking at
available funds?
Ms. Curtis responded that she does not believe that any one par-
ticular group should have a great deal of influence on decisions of the
School Board.
Mr. Harvey, asked the following questions:
QUESTION: What would you consider to be the major strengths and
the major weaknesses of the current school administration?
Ms, Curtis responded that her only knowledge of the school system
at the present time is through information she has read in the newspa-
per and that information could be somewhat contorted according to the
thinking of the writer. She said it appears that the system is working
well. She noted that she has observed the struggle with finances and
with administrative personnel, and she would like to be in a position
to assist in keeping those struggles under control.
149
QUESTION: A recent survey that i sent to citizens of tile City of
Roanoke came back with a rather surprising revelation. Citizens were
asked to rate the performance of the School Board and only 36 per cent
of the people who responded gave the School Board a positive rating.
If you were appointed to the School Board, what would you do to change
that rating?
Ms. Curtis responded that it would be necessary to be more
cooperative, and to work with the School Board within the realms of
Council's annual appropriation. She said she would endeavor to give
a more positive public image.
Mr. Musser asked the following questions:
QUESTION: What would be your reaction to a total bill of $136.00
for dinner for three school officials at a local restaurant which was
paid for by the City with taxpayers' money?
Ms. Curtis responded that she would not agree with such an expen-
diture and she would not stand for it within her own firm. She said
money is money and the organization has to benefit by proper usage of
funds. She added that those types of expenditures should be curtailed.
QUESTION: If the City continues to have a decline in school
enrollment, do you feel there would be a point in declining enrollment
that you would be of the opinion that the schools would have to be con-
solidated, or do you think they should be kept open at all costs?
Ms. Curtis responded that she would possibly be in favor of con-
solidation. She said she is aware of Council's position regarding
neighborhood schools; however, it seems for budget reasons and for the
entire City, regardless of nostalgia, there may come a time when
schools ~dll have to be consolidated.
Mr. Trout asked the.following questions:
QUESTION: If the City reached a financial crisis, would you be
willing to make a recommendation to Council for a tax increase in order
to adequately fund the school budget?
Ms. Curtis responded that there could come a time when taxes would
have to be increased in order for citizens to enjoy the services they
now have; however, she said such a recommendation would have to be a
last measure. She added that teachers should be paid with reason;
however, it may be necessary to take note if that dominates the entire
budget. She said considerable study should be given to such a tax
increase to make sure that it is within the proper prospectus relative
to teacher salaries and other budgetary items, and then, if it became
necessary, she would request that Council consider an increase in
taxes.
QUESTION: What do you view as exciting that has occurred in the
City School System this year?
Ms. Curtis responded by calling attention to the Magnet School,
which programs provide an excellent means of reaching students. She
said students are displaying much more intelligence as she observes
them in the community today.
Mayor Ta),lor asked the f. ollowing questions:
QUE ST ION:
the progress
excel 1 ence?
Do you believe that the City School System is making
that it should be making in achieving educational
Ms. Curtis responded that the level of education is being lifted
slowly but surely.
QUESTION: What would you like to change about the system?
Ms. Curtis responded that she would be unable to answer the
question until she knows more about the system.
150
QUESTION: Why are you seeking the position of School Trustee?
Ms. Curtis responded that she is at the point in her life where it
is time for her to give something to the co~mnunity through participa-
tion in civic activities; that she is in a semi-retirement capacity and
she would like to give her expertise to the total community.
The second person to be interviewed was Ms. LaVerne B. Dillon.
Ms. Dillon advised that for three years, it has been her privilege
to serve the citizens of the City of Roanoke by helping to prepare
their children for fruitful lives. She said she is once again offering
her services to the co.~nunity, advising that she has been motivated for
several reasons to seek reappointment to the School Board. She added
that for three years she has devoted an enormous amount of time to the
School Board and to its operations, and she believes that the knowledge
she has acquired during those three years will be invaluable for
dealing with those issues that wil! be confronted throughout the
school system in the next three years. Secondly, she said she seeks
reappointment for the Williamson Road community; and just as the people
in the Williamson Road community want representation on City Council,
they, in turn, want representation on the Roanoke City School Board.
Ms. Dillon said her record will attest to the fact that she has
consistently made an effort to know the schools in the City, particul-
arly in the Williamson Road community. She advised that her interest
has been evident through visits to the schools, attendance at school
functions, membership in the PTA's, working on committees and speaking
at various con~munity functions.
Ms. Dillon explained that she would particularly like to be a
member of the School Board when discussion takes place regarding the
renovation of Oakland Elementary School, and she would like to be a
connecting link between the Board and the community. She said she
feels very deeply about the Williamson Road community and she would
like to represent her co~nmunity on the School Board.
Thirdly, Ms. Dillon advised that reappointment to the School Board
will allow her the opportunity to follow through on a project which she
has requested the school administration to develop relative to
obtaining new books for the library media centers through donations.
She explained that so much is needed in the library collections,
through no fault of the present administration or School Board, but
through the fault of father time and the stretching of dollars over the
years.
Ms. Dillon pointed out that there are numerous priorities ahead
such as updatin9 textbooks which have to be dealt with and will be left
undone unless something is done to bui}d the collection of books. She
said research has shown that the amount of leisure time that children
spend reading is directly related to the child's reading comprehension,
the size of the child's vocabulary, and to the child's reading ability.
She commented that it concerns her that there are so many children who
are not developin9 a love for books, and they have never discovered the
magic, joy and wonder that comes from reading. She said children can
be sold on reading and on books if the types of books that are provided
are appealing, current and appropriate.
In closing, Ms. Dillon advised that she is grateful to have had
the opportunity to serve on the Roanoke City School Board; that it has
been a great learning experience, most invigorating and intriguing.
Mrs. Bowies asked the followin9 questions:
QUESTION: Some members of the School Board are perceived to be pro
or anti-administration. What is your position on this posture and how
do you feel you can serve in the school system?
151
Ms. Dillon responded that she does not consider herself to be pro
or anti-administration; however, she does consider herself to be a per-
son who is going to look at the issues and try to make critical deci-
sions, ask pertinent questions and be as objective as possible. She
added that it is important to have unity and cooperation, that she has
striven to do so and will continue to do so.
QUESTION: In what way do you feel that you are serving the
Williamson Road community any differently than you serve any other sec-
tion of the City of Roanoke?
Ms. Dillon responded that the people in the Williamson Road comn-
munity have felt comfortable in talking with her and sharing with her
their concern about the schools and their excitement about what some of
the schools in the community are doing. She said they have felt that
she has been a communicator between the schools and the School Board
itself. She added that it is important to have a School Board member
attend PTA meetings, determine the focus and learn about concerns.
Mr. Garland asked the followin9 questions:
QUESTION: From time to time Council hears that we have a drug
problem in the public schools, and we see and read about some very
alarming statistics which I hope do not apply to Roanoke. As an incun-
bent, do you feel that we are doing enough in the area of drugs, and if
we are not, in your opinion what should we be doing that we are not
presently doing?
Ms. Dillon responded that the City school administration has been
in the forefront in dealing with social issues, such as drugs. She
said to her awareness they have done everything they can to avoid or to
circunvent any situations from occurring. She said situations have
occurred, they have been addressed, and the proper authorities were
called in. She added that if there is an awareness and a concern and
if policies are reconsidered, drugs can be eliminated from becoming a
real issue in the City schools. She added that there are certain
programs in place which provide an avenue to prevent any real problems.
QUESTION: Do you feel that the use of drugs is on the decline in
our schools?
Ms. Dillon responded that she does not think drugs are on the
decline all over the country, and there is a tremendous concern which
needs to be focused on and dealt with. She said she does not have
first hand knowledge on what is going on in the City with young people
or adults, but all of the literature she has read and the information
she has received indicate that it is an issue which is making national
news. She added that it is important to have people in the forefront
who will address the drug problens and ensure that it is not a problem
in the City school system.
QUESTION: As an incunbent, do you feel that a disproportionate
amount of effort and money is being spent on the more affluent or the
more brilliant sit, lent as opposed to the economically disadvantaged
child or the child that may be a difficult learner? Do you feel that
we have a balance in that respect?
Ms. Dillon responded that she has continued to ask that same
question of school administrators. She said if Council could see the
programs that are operated in the various schools, it would be evident
that there is a good balance between those children who are at risk and
those who are very talented students. She said she will always
endeavor to see that every child has equal opportunity to move up, and
to address problems that exist with children at risk as well as those
who are gi fled.
Mr. Harvej~ asked the followin9 questions:
QUESTION: I have always endeavored to vote for independent think-
ing people, people who will use their diverse opinions. In considering
the whole City school program, could you give me your assessment of the
strengths and weaknesses of the current school administration?
152
Ms. Dillon responded that what she would consider as not desirable
is the management style of school administrators. She said she does
not consider that to be a weakness, but she does not appreciate the
managmnent style. Relative to strengths, she said if the administra-
tion is aware of an existing problem, it will be rectified without
waiver or doubt.
QUESTION: When it comes to finances between Council and the
School administration, it is a very touchy subject, sometimes to the
point where some mm.qbers of Council are considered to be not as suppor-
tive of education as they like to think they are. I have an invoice,
in the total amount of $1,534.00, for a retirement reception of which
approximately $214.00 was spent on champagne which was paid for by
City School funds. I have knowledge of the fact that when School Board
members and administrators go on trips, at least initially, the spouses
expenses are paid for by the City school system. When they go to con-
ventions, cars are rented quite frequently with one person per car.
Are you aware that this has been going on and what is your viewpoint?
Ms. Dillon responded that taxpayers' dollars are being used to
operate the school system. She said she is acquainted with some of the
expenditures and she has personally sent to the Superintendent of
Schools certain questions regarding policies and practice and if she
shoulJ find that the above was the practice, she would be quite vocal.
She added that as tight as funds are, she is concerned that every
dollar should be spent for the benefit of a child. She added that she
would rather see that funds which were spent for champagne would be
spent on books for the school libraries.
QUESTION: ! sent a survey to a n~ber of households in the City
asking citizens to rate the performance of Council and the School
Board. The performance rating for Council came back at approximately
63 per cent positive and the performance rating for the School Board
came back at approximately a 36 percent positive rating. What would
you do in the next three years if you ~ere reappointed to the School
Board to improve the public's perception of the School Board?
Ms. Dillon responded that she would deal with issues objectively
and straight forward and she would try to generate as much dialogue as
possible on the School Board. She said the Board has recently made
strides toward better cooperative efforts in some areas but there is
still a long way to go. She added that the question comes back to
Council because Council sets the tone with its selection of School
Board members as to the direction it wants the schools to take. She
said her record will show that she is a person who will ask questions,
both privately and publicly, she will object if she feels something is
ethically wrong, and she will continue to do so.
Mr. Musser asked the followin9 ..questions:
QUESTION: If school enrol]ment continues to decline in the City,
and it is estimated that it will continue to decline to an extent in
the next few years, at what point would you feel it would be necessary,
or would it be necessary, to consolidate the schools with the knowledge
that Council has publicly stated that no schools will be closed?
Ms. Dillon responded that Council and the School Board would have
to make a united effort to address the problems when and if they
arise. She said Council is~in favor of neighborhood schools and has
been supportive thereof; however, all parties involved would have to be
realists. She said Council and the School Board would have to be very
open and candid with the public and ask if the citizens are willing to
continue to keep the schools open.
QUESTION: It has been said by an anonymous person that either due
to the testing process or to the grading process in the schools, too
many functional illiterates are graduating from the City school system
based upon the amount of dollars spent per child. What is your
response to that statement?
153
Ms. Dillon responded that the state mandates passport testing at
the sixth grade level. She said it is evident and not only a problem
with the City of Roanoke but with every school district throughout the
country and it is the reason that colleges have established remedial
reading classes, math classes, writing labs, etc. She stated that it
is a problem that will have to be addressed not only in the Con,ion-
wealth of Virginia but nationwide.
Mr. Trout asked the following questions:
QUESTION: If the City reached a financial crisis, would you be
willing to snake a recommendation to Council for a tax increase in order
to adequately fund the school budget?
Ms. Dillon responded that her first concern would be to find any
available alternatives because as a citizen of Roanoke she is a tax-
payer who is also concerned about tax increases. She said if the
situation occurred, it would be her responsibility as a School Board
member to approach school administrators and ask them to define as many
alternatives as possible without cutting into the quality of education.
She added that if it came to the point where there were no other alter-
natives, she would recommend a tax increase to Council.
QUESTION: During your three years on the School Board, what do
you consider to be one of the most exciting things to happen in educa-
tion?
Ms. Dillon responded that she is proud of the fact that she has
tried to do the very best she is capable of doing and in doing so, she
has been honest and forthright. She said she is pleased that she has
been able to help in the schools in the Williamson Road community, as
well as other schools, and she is excited about children who succeed.
She added that her basic concern has been with the success of students
and individuals.
Mr. Bowers asked the followin9 questions:
QUESTION: What is your assessment of the education for average
students and disadvantaged students?
Ms. Dillon responded that the School Board is very aware of the
increase of children that are at risk in the City of Roanoke, and the
focus has been directed on addressing those issues. She said more
programs will have to be developed so that the problems with children
at risk will be confronted.
QUESTION: What is your assessment of teacher morale in the City
School system?
Ms. Dillon again alluded to the management style of school admi-
nistrators. She called attention to the communicators system whereby
communicators are represented in each of the schools, and they in turn
meet collectively to discuss concerns and issues pertaining to
teachers, etc. She pointed out that there are teachers who do not use
the system; and it is vitally important to have School Board members
who will listen if there are morale problems, etc.
Mayor Ta~lor asked the following questions:
QUESTION: Just a few years ago, the Commonwealth of Virginia
ranked 37th among the 50 states, and now Virginia is the median state
in considering the quality of education among the 50 states. Do you
believe that the Roanoke City Public School System is one of the best
systems in the Commonwealth of Virginia, and, if not, what would you do
to change it?
Ms. Dtllon responded that the City School System is one of the
best not only in the Con~onwealth of Virginia but in the nation. She
said she would distinguish Roanoke in several areas that have been
recognized nationally as well as within the Co~nonwealth. She added
that there is always room for improvements and assessments to ensure
154
that there are progrmns to meet the needs of children at all levels.
She said there have been some exciting programs to come from the
Roanoke City Schools which are deemed to be landmark developnents, and
they have been noticed and picked up by other school systems.
QUESTION: Do you feel that being a teacher is a plus for you as a
School Trustee and if so, in what way?
Ms. Dillon responded affinnatively advising that being from a
college enviro~nent, she sees the position in a different light and
perspective than it is seen by other Trustees who have been in the
system itself. She said she brings ideas that are different from
others because she is seeing the end products that have come from the
Roanoke City Schools and individuals from surrounding counties and
surrounding states as well. She explained that she attends pro-
fessional meetings which deal with the issues of what is being done in
the high schools, colleges and universities. She said she has the
opportunity to talk with colleagues from other colleges and univer-
sities and to share ideas. She pointed out that her focus is different
fron the Trustee who has been in the system itsel f; however, she noted
that the insights of the Trustee who has been in the system are equally
as important.
The third person to be interviewed was Mr. Emanual C. Edwards.
Mr. Edwards advised that in his presentation he would not dwell on
his qualifications inasmuch as they were set forth in his application.
He said the people he has tried to touch in his inner action with the
Roanoke City Public School system have been children and children do
not vote nor do they attend City Council meetings.
Mr. Edwards said the challenge for the Roanoke City School System
is to break the chains of complacency which have been put in place by
spot successes. He added that the theme of the Roanoke City School
System in recent years has been "Excellence in Education" and, in fact,
the CITY School, the Magnet School and the PLATO Program are success
stories and should be applauded for excellence; however, the majority
of students who comprise the Roanoke City School System are not the
small percentage who excel and are not direct beneficiaries of those
programs. He said in the Roanoke City School system, excellence in
education in practice has bec(~ne education for the excellent. He added
that he fully supports these programs and has taught and lectured in
several of them, yet he is concerned about the implications of these
developnents for the future of the City of Roanoke.
Mr. Edwards pointed out that the students who are least likely to
reside in Roanoke ten to twenty years from now are the gifted students
who participate in certain programs at the Governor's School and the
types of jobs that evolve from these kinds of programs do not exist in
Roanoke. He said the students who are most likely to be residents of
the City of Roanoke in 1990 or the year 2000 are those students who do
not go on to college, those students whose financial resources are not
great, and those students will comprise the labor pool which will have
to be mobilized and trained quickly in order to attract the kinds of
industry that will substantially impact upon the tax base. He stated
that those students will need to have excellent educational grounding,
excellent study habits and the motivation to be trained and retrained
to populate the kind of industries in Roanoke which are envisioned by
the Council.
Mr. Edwards advised that the new goal of the Roanoke City School
System is to make the entire system second to none, to make it a model
educational system for this nation, and if that is done, it will be
reported in educational journals and the media at-large. He said it
can be accomplished by discovering and utilizing hidden resources and
by operating more efficiently. He explained that one of the largest
line items in any budget, whether for business or for government, is
personnel expenditures, adding that the traditional thinking is that
good people cost money and our children must inner act with good people
155
in order to gain a quality educational experience. He pointed out that
citizens and parents are good people, they possess hidden resources,
and recruitment of citizen volunteers needs to be increased. He said
he taught at CITY School for three years because he was asked to do so,
advising that other professional people would do likewise if they were
asked. He added that a way for senior citizens to inner face with stu-
dents needs to be created, thereby imparting wisdom on the young and
re-establishing elderly citizens to a position of respect in society.
Mr. Edwards commented that avenues of cooperation with neighboring
school divisions need to be found with an eye toward shared progrmns
and resources. He said in a time of limited dollars, the joint
purchasing of larger items and the joint contracting for goods and ser-
vices can stretch available dollars. He added that ways need to be
found to maximize the use of resources and share those resources with
neighborhood school divisions.
Mr. Edwards advised that no less than the future of the City is at
stake when Council chooses the leadership for the School Board because
the message that children wil! take from the Roanoke Valley upon gra-
duation will speak more eloquently relative to what the Roanoke Valley
is all about than any promotional media campaign.
Mr. Garland asked the followin9 questions:
QUESTION: Are you satisifed with what we have to offer in voca-
tional education?
Mr. Edwards responded that he would estimate that the gifted stu-
dents who participate in the Governor's School, CITY School, Magnet
School, etc., comprise no more than ten per cent of the current school
population, whereas, the vast majority of students in the Roanoke City
School system are not the beneficiaries of these programs and they are
not necessarily fr~-'m., a poor or a rich majority -- they are average stu-
dents, students who do not have the A's and the B's that would allow
them to participate in programs for the gifted. He said his vision of
where emphasis needs to be placed, other than on the gifted, would
encompass more students than the disadvantaged economically, and in
fact, it would encompass most students in the system who are not for-
tunate enough to attend programs for gifted students.
QUESTION: How important do you think it is to have School Board
members from various sections of the City and distributed as equally as
possible?
Mr. Edwards advised that he does not envy Council in its position
of trying to select and have a diverse School Board because many times
people are bound by appearances. He said the question of having a
broad group section of representatives on the Board is more than simply
trying to dole out positions based on a single factor. He added that
it is essential for the best interest of the school system, to have
input that will reflect the total population of the Roanoke Valley.
Mr. Harvey asked the followin9 questions:
QUESTION: What would you perceive to be, on the outside looking
in, the principle strengths and principle weaknesses of the current
school admtnistration?
Mr. Edwards responded that the current school administration is a
very innovative one; and the types of programs he previously mentioned
are examples of that innovative spirit and quality. He said a weakness
rests in the morale of teachers, although he has not perceived as much
public comment and scrutiny on the subject in recent years. He added
that from his contacts wtth members in the school system, he still per-
ceives a lack of ability to voice one's opinion, which is a right to
all citizens in this country.
156
Q~JEST[ON: [ sent a survey not too long ago to citizens in the
City of Roanoke asking them to rate the perfomance of the current
School Board and only 36 per cent of the people who responded gave the
School Board a favorable rating. Should you be appointed to the School
Board, what would you do Lo change the public's impression of the
School Board's performance?
Mr. Edwards responded that he has always been impressed with the
sophistication of lay people and many times people in the co~nmunity are
not given credit for keeping up with issues and being up to date on
current affairs. He said the School Board must merit the confidence of
the c~m~unity; that it is not a matter of the School Board soliciting
support from the community; that through performance, the support from
the community will naturally follow. He said the school system needs
to have ideas in order to excite the public about the future of the
school system, and support will follow the excitement which is
generated.
Mr. Musser asked the following questions:
QUEST[ON: [ would like to call attention to the expenditure of
large smls of money on lunches and dinners, etc. [ would also like to
call attention to a bill, in the amount of $133.00 for dinner for three
school officials at a local restaurant. As a member of the School
Board, what would be your opinion of these types of expenditures of
taxpayers' money?
Mr. Edwards responded that fiscally, he would consider himself Lo
be a very conservative person, and, in his work in the co, unity, he
has often been a part of organizations that had no financial resources
and those organizations always managed to excite these members and to
get a great deal accomplished with no funds. He said he believes that
it is fiscally irresponsible for any business or government to operate
without a contingency fund; that it is not fiscally responsible to
spend every penny which is allocated, and there should be a built-in
policy of the School Board to establish a contingency fund for unfore-
seen types of expenses and, with the agreement of Council, the Board
should be authorized to carry funds over Lo the next year without being
penalized for practicing frugality.
QUEST[ON: The statement has been made that the school system
seems to be producing graduates that are functionally illiterate and it
is thought that this may be due to the testin9 system or the grading
system. What is your response to that statement?
Mr. Edwards responded that there seems to be a problem with moni-
torin9 the development of students; that one should not 9o through
twelve grades of school without someone in a position of responsibility
knowin9 that the student does not have the basic tools to function in
society. He said there should be checks periodically as to where a
student is functioning on a basic skill level. He stated that it
should also be common knowledge among teachers with whom the students
inner act. He added that there should be a monitoring device to reveal
the student's ability well before he or she reaches graduation.
Mr. Trout asked the followin.~ cluestions:
QUESTION: [f the City reached a financial crisis, would you be
willing to make a recommendation to Council for a tax increase in order
to adequately fund the school budget?
Mr. Edwards responded in the affirmative; however, he said he
would like to qualify his response. He advised that it would be his
duty and that of the School Board to weigh the value, the cost effec-
tiveness of various programs and to have a thorough review and cost
cutting session within the School Board before ever coming to Council
with such a request. He said the School Board is entrusted with funds
and it is their duty to do the job that the Board is mandated to do by
law with funds that are entrusted to it. He added that if the necessary
cuts have been made and the Board still feels that a specific program
is in the best interest of all students in the school system, the Board
would then have no choice but to approach Council with such a request,
and Council having the taxing authority would have the power to say yes
or no.
157
QUESTION: I~ith your interest and association with the schools,
what have you noticed that has been exciting in the past year that
stands out in your mind?
Mr. Edwards advised that the very innovative programs to help the
gifted students excel have caught the attention of the public, and the
public has responded through volunteer efforts.
Mr. Bowers asked the following questions:
QUESTION: What is the present state of teacher morale and what
would you do to improve it or keep it in the status quo?
Mr. Edwards responded that a nunber of his friends are teachers
and they often express the desire to communicate and express their
feelings within the school system structure, yet they have a real fear
of retaliation if their true views are known. He advised that teachers
should be given an opportunity to vent their feelings without fear of
retaliation.
QUESTION: What is your asses~nent of the gifted program and what
is your assessment of education for the average or disadvantaged stu-
dent?
Mr. Edwards responded that the average student in the system is
being neglected; that he has specialized knowledge in special education
or the law involving the training of handicapped individuals and he
knows that people with handicaps are being treated according to law.
He advised that the gifted students are the beneficiaries of special
programs to help them realize their potential, but the average students
which comprise the majority of the school system, are being neglected.
He said, not being an educator, he does not know how to address the
needs of the average student; however, the administration should be put
to the task of finding out what those needs are and addressing them.
He said the funds should be balanced in order to have equity within the
distribution of funds for the benefit of the students.
Mrs. Bowles asked the following questions:
QUESTION: If you were elected as a School Board member and you
were given the projected revenues by the City administration, would you
submit a budget to Council that exceeded those projected revenues?
Mr. Edwards responded that the School Board should live within the
revenues which are projected.
QUESTION: Some members of the School Board are perceived to be
pro or anti-administration. What would be your position?
Mr. Edwards responded that he would be neither pro or anti-
administration; however, he would be pro children; and his history of
inner acting with the school system has been to develop youth. He said
much of his time in the past ten years has been spent in youth develop-
ment.
Ma~yor Taylor asked the following, questions:
QUESTION: In your opening statement, you mentioned some of the
outstanding programs for the gifted and you referred to some other
areas of concern. If you were elected as a School Board Trustee, what
would you like to change about the present school system?
Mr. Edwards responded that he would like to change the group per-
ception within the School Board of having reached excellence because
excellence, in its entirety, has not been achieved. He said he would
focus on those areas that truly make the school system outstanding in
all areas. He added that the School Board should be made aware of the
need to consider that it has not yet reached the level that it should
be. He noted that there is a real danger in the fact that the City is
in a tight budgetary situation, and it can be perceived that if the
amount of current funding is not available or is cut back in future
years, the status which the City achieved to that point within the
school system will necessarily suffer or go backwards, however, he does
158
not necessarily feel that will be the case, He said his goal would be
to help the School Board realize that they have not reached the ulti-
mate school system; that the system is not excellent in all areas and
just because dollars are being cut back does not mean that one cuts
back on his or her vision and discontinues the planning process on how
to maximize tile use of available dollars.
QUESTION: Do you believe that it is possible to achieve overall
educational excellence in the Roanoke system within the framework of
the budget as money has been appropriated heretofore?
Mr. Edwards advised that his position would be one of equity; that
all children should be treated fairly and if that means shifting funds
fr~n one program to another progrmn in order that all children have
equal access to realize their full potential, he would be capable and
willing as a School Board member to make that decision. He said he is
of the opinion that he could do it in a better way than it is presently
being done. He added that it is a refining process; that the original
concepts of all of the progrmns have been refined through experience
and can bear further refining if the dollars are not there. He advised
that the effort to increase the personnel level within the school
system by increasing volunteerisn is in its infancy and has to be deve-
loped in order to supplement the personnel within the school system,
and it is possible that volunteers could fill a chain that he perceives
among the vast majority of students.
At 9:05 p.m., the l~yor declared the meeting in recess.
At 9:20 p.m., the meeting reconvened in the Council Chamber with
all Members of the Council in attendance, Mayor Taylor presiding.
The fourth person to be interviewed was Mr. David K. Lisk.
Mr. Lisk advised that he would like to thank Council for the
opportunity he was given three years ago to continue his interest in
the field of education through his appointment as a member of the
Roanoke City School Board. He said the City is fortunate to have a
very fine educational system, and the system is continually striving to
become better. He noted that Council and the School Board must join
forces to place pressure on the Federal Government to adequately fund
education. He said recently he received a call fro~ Washington, D. C.,
that the Federal Government had adopted the budgets for educational
requests that were made this year for Chapter I and he was requested to
represent the Commonwealth of Virginia in Orlando, Georgia, to assist
in forming the guidelines for Chapter I funds for the United States.
He said he has enjoyed serving as the legislative representative for
the Roanoke City Schools with the Federal Legislative Program in
Washington and he has also enjoyed serving on the Virginia Legislative
Committee representing the Sixth District of Virginia of the Virginia
School Board Association.
Mr. Lisk advised that he is pleased about some of the accomplish-
ments in the school system. He said Council gave him the respon-
sibility and the opportunity to serve as a member of the School Board
and to do everything he could to fight for the school system. He said
sometimes by endeavoring to push for the dollars that are needed, indi-
viduals misconstrue statements which are made. He added that the
School Board should work closely with the City to obtain additional
funds from the State, advising that costs for operating a school system
are increasing because responsibilities are increasing.
Mr. Harvey asked the following questions:
QUESTION: My philosophy in voting for School Board members is to
vote for independent thinking people who will deal with the school
administration with an open and independent mind. What do you think
are the primary strengths and weaknesses of the current school admi-
ni stration?
159
Mr. Lisk responded that the administration has established certain
outstanding and diverse progrmns for the gifted; they are working with
children who have learning disabilities, and they are working with the
handicapped as well as the average child. He said the main critici~n
of the administration has been that it is trying to do too many things,
adding that rather than specialize in a n~ber of categories, he would
rather make sure that a smaller n~ber of categories are properly
funded and sufficient personnel are authorized to carry out necessary
responsibilities. He said staff tends to be "burned out" when they are
expected to do all things for all people.
QUESTION: I have an invoice with a total expenditure of
$1,534.00, which was a retirement reception l~or an employee within the
school system and of that s~n, approximately $214.00 was spent for
champagne. I have also been told that when School Board members or
administrative personnel 9o on trips, etc., initially expenses of the
spouse are paid for by the City. When they go on trips, cars are
rented by individual menbers. Are you aware of these expenditures and
how do you feel about them?
Mr. Lisk responded that he was not aware of the funds which were
expended on the retirement reception because many of these types of
activities fall under the administrative category and the Board does
not receive a breakdown of each individual reception or function which
is held. In reference to expenditures that involve members of the
School Board, he said he did not find the policy of the schools to be
any different than it was when he served on City Council. He said his
spouse has not gone with him on School Board trips; however, he has
been told by other members of the Board that they pay for the expenses
of their spouse. He advised that the City should not pay financial
expenses to anyone except School Board members, adding that he refrains
from charging anything to the City that he would not spend as an indi-
vidual, and if he partakes of alcoholic beverages, he pays for them
personally.
QUESTION: A survey I sent out recently to certain households in
the City came back with the School Board having only a 36 per cent
positive performance evaluation in the minds of the citizens. What
would you do if you were reelected to the School Board to improve
public perception of the performance of the Board?
Mr. Lisk responded that there will be an in house reorganization
in the area of public relations and information, adding that the School
Board must apprise the citizens about the 9ood things that have hap-
pened in the system. He said the school system has not "tooted its own
horn" about programs that have been established such as the Governor's
School, the Aviation Program, etc., and therefore, it needs to put in
motion an ongoing public relations campaign.
QUESTION: Is the school system paying for flying lessons for stu-
dents?
Mr. Lisk responded that the system is paying for the ground
experience, using the link trainer for all of the ground work, and if
the student goes up in the airplane he must pay for his own training.
He said the book ~ork is being done with school personnel and the
Federal Aviation Administration provides some personnel for the
program.
Mr. Musser asked the following questions:
QUESTION: What is your philosophy on the expenditure of school
funds which are allocated by Council? I have an invoice in which three
local school administrative officials went to a local restaurant for
dinner, at a total cost of $133.00. How do you feel about this type
of expenditure?
Mr. Lisk responded that he was astounded at the cost; that the
School Board should establish some type of policy that would allow them
to have access to this type of information. He said under the present
policy, the Board would not have a way of knowing about these types of
activities unless they requested a breakdown from the Finance Depart
ment each time expenditures are made by the administration.
160
QUESTION: What is your opinion of the family life program which
was mandated by the Commonwealth of Virginia?
Mr. Lisk responded that the concept was needed; that there are far
too many families who feel that the program is a sign of inadequacy and
that the City is providing the type of information they are unable to
provide. He said there is another group of people with a very strong
religious belief who feel that the program should not be a part of the
schools. He added that it depends upon how one interprets the state
mandate, advising that there are certain flexibilities in the program
which allow local input that would be compatible with the community,
and each community must look at the program on that basis.
Mr. Trout asked th______~_efo__l.lowin9 questions:
QUESTION: Would you be willing to reco~m~end to Council a tax
increase to keep in place a viable school program which would be in the
best interest of education?
Mr. Lisk responded that his first responsibility would be to
recommend anything to Council that would keep programs in place, which
are desired by the community. He added that to say where the funds
should come from is not the School Board's prerogative. He said he
would be willing to suggest that Council use its own judgement as to
how the matter should be handled with the public.
QUESTION: During your three years on the School Board, what is
one area that has been especially rewarding in education?
Mr. Lisk responded that it would be difficult to pinpoint one
area. He said in the primary grades, it would be the realization that
the pupil-teacher ratio in the first three grades must be reduced if
the children are not going to be lost academically when they reach
fourth grade, which is now being funded. He advised that at the junior
high level, the system is beginning to look at a new age structure with
the Magnet Program and a more alternative education program is provided
so that students who cannot keep up in the merit role will not be lost
academically. He added that the alternative education program in the
junior high school groups has helped to keep the loss of students down
to one of the lowest percentage ratios of any school system in the
Commonwealth of Virginia.
Mr. Bowers asked the followin9 questions:
QUESTION: What is your assessment of the present status of morale
of teachers, and what would you do to improve it or keep it the same?
Mr. Lisk responded that a morale problem still exists. He said
the School Personnel Manager is about to retire, and he would be
willing to make a recommendation to the School Board that the new
Personnel Manager be hired by the School Board will report directly to
the School Board. He added that the Personnel Manager should be
responsible for each employee of the school system, and not under the
mandate of the administration to the point that periodically his or her
loyalty becomes stronger to the administration than it is to the
employee. He said that arrangement might alleviate some of the person-
nel problems within the school system.
QUESTION: What is your assessment of the average student or the
disadvantaged student and what types of programs should be in place?
Mr. Lisk responded that the system is not meeting the total needs
of the average student. He mandates have forced the system to provide
programs for low economic groups, learning disability and handicapped
groups, etc., where prescriptive learning must exist. He stated that
those students with great potential are placed in specialized programs
such as CITY School and the Governor's School. He added that it is
difficult for a teacher to find sufficient time to also work with the
average student and it then becomes a matter of structuring the daily
classroom schedule program so that the average or disadvantaged stu-
dents are not left behind. He advised that the situation will have to
be continually reviewed and the Board has asked the administration to
determine what can be done to insure that the average student receives
as much time and attention as that which is given to the learning disa-
bility student and to the gifted student.
Mrs. Bowles asked the foliowin9 questions:
QUESTION: Some members of the School Board are perceived to be
pro or anti-administration. What is your position?
Mr. Lisk said he has discovered that he is not included on the
pro administration list or the anti administration list which has been
circulated, therefore, he is not certain exactly what his posture is
perceived to be.
QUESTION: During tile budget process, the School Board and admi-
nistration are given projected revenues by the City administrators.
How much do you feel that you must stay within those projected revenues
when you present a budget to Council for aprpoval? Should it be a
balanced budget within those revenues?
Mr. Lisk responded that the Board should try to stay within the
financial confines it is given by the City, and if it is not possible,
the Board should endeavor to work out an understanding with Council and
the administration; however, once the figures are finalized, the
schools should try to operate within budgetary limitations.
Mr. Garland asked the following questions:
QUESTION: Since approximately fifty per cent of our students are
not college bound, are you comfortable with the present vocational
system? Do you feel that we have a strong enough system and if not, in
what areas do you feel it should be improved?
Mr. Lisk responded that he is not satisfied with the vocational
education program. He said he is of the opinion that Jefferson High
School could have been an ideal location for a vocational school,
adding that with existing economic problems and new programs which have
been developed, his suggestion is not considered to be a popular sub-
ject for discussion at the present time.
QUESTION: Do you feel that the School Board is doing enough in
the area of drug abuse?
Mr. Lisk responded that additional funds will not solve the pro-
blem inasmuch as it is a matter of ongoing education and endeavoring to
teach each individual what drugs will do to his or her body. He said
there is more protection and surveillance in the schools which has
helped to uncover many of the problems. He added that the problem has
been reduced tremendously; however, it is a problem that will have to
be addressed continuously.
Mayor Taxlor asked the followin9 questions:
QUESTION: Do you believe that the Roanoke City School System is
making the progress it should be making, achieving educational
excellence and if not, what would you like to change about the system?
Mr. Lisk responded that Roanoke's system is going in the right
direction; that students are tested at fourth grade, sixth grade and
eighth grade, and it is found that a problem still exists with students
progressing from third to fourth grade without sufficient knowledge
inasmuch as fourth grade comences a new basic curricul~n. He said the
system is not preparing enough children for fourth grade and too many
are being passed on in first, second and third grades who are not aca-
demically prepared. He added that until the system is changed and the
class size is reduced so that students can be tutored on a one to one
ratio, problems will continue to exist. He said the system is
endeavoring to reduce the teacher-pupil ratio with the goal of bringing
up the level of learning, and it is hoped to have better test scores in
May when the competency testing is completed.
161
162
QUEST[ON: [f you are to continue to serve as a School Trustee, do
you feel that your thinking should be influenced by outside forces
feeding in Lo you their concerns and what they want you to do, or do
you feel that you should use your own best wisdom in makin9 important
decisions for the School administration and the school system?
Mr. LisP. responded that the ideal concept would be for each School
Board member Lo use his or her own best judgement, but at the same
time, to temper his or her judgement with a certain amount of public
opinion. He said one has to be a good listener, to know what the basic
philosophies, desires and wishes of the people are, and if it is dif-
ferent from one's own, one should discuss the difference and try to
work out a common factor which would be agreeable to the majority, and,
at the same time, acceptable to one's own concepts with what one knows
that other individuals may not be aware of.
The fifth person to be interviewed was Ms. Velma B. Seif.
Ms. Self advised that she has nineteen years of experience with
and in the Roanoke City Public Schools, not only as a parent but also
by working in various areas. She said she has attained leadership
skills through her work with other boards at the local, state and
national levels; therefore, she comes to Council seeking appointment to
the School Board with a varied background. She stated that her main
reason for requesting appointment to the School Board is because she is
totally committed to children; that as a parent and as a citizen of
Roanoke, she is of the opinion that the best possible education should
be provided for all children in the City of Roanoke. She advised that
it is important to have a variety of programs to address all children
whether they are physically or emotionally handicapped, gifted,
talented, or in need of vocational education, etc.
Mr. Musser asked the following questions:
QUEST[ON: ! would like to call your attention to an invoice for
dinner for three officials from the Roanoke City Schools at a local
restaurant, for a total amount of $133.00. What is your opinion of
this type of expenditure and the philosophy behind iL?
Ms. Self responded that her first inclination would be that she
would have to question the expenditure. However, she said if the offi-
cials were operating within the confines of their expense account, she
would not have a problem with the expenditure.
QUEST[ON: I have had the statement made that it is felt, either
due to the testin9 procedure in the school system and/or to the grading
system, too many functional illiterates are graduating compared to the
money which is spent per child. What is your reaction to that state-
ment?
Ms. Self called attention to the competency testing which is man-
dated by the state for every twelfth grader, add[n9 that if a student
passes the test, accord[n9 Lo the Con~nonwealth of Virginia, he or she
is a graduate of the Roanoke City School System. She said if a student
passed the test and was able to answer the questions, he or she would
have the ability to read.
Mr. Trout asked the follow[n9 questions:
QUEST[ON: [f the City was about to lose a program that you felt
was needed such as the Magnet School, with a two and one-half million
dollar grant, would you be willing to make a recommendation to Council
for a tax increase?
Ms. Self responded that the system is providing a great service to
the students through alternative education in the Magnet School. She
said she would be willing to request additional funds in order to keep
the program in place.
163
,!
QUESTION: With your exeperience and exposure to the school system
in the last two years, what exciting program has caught your attention?
Ms. Seif responded that she has a real interest in the Inter-
Disciplinary Team at Patrick Henry High School which provides con-
centrated atttention for students who have learning difficulties in
which a teacher is assigned to address specific needs. She said some
of these students have disciplinary problems and have to become adults
much sooner than they are capable of and, in a regular school setting,
they would become discipline problems.
Mr. Bowers asked the followin9 questions:
QUESTION: How would you rate teacher morale and what would you do
to keep it steady or to improve it?
Ms. Self responded that it is difficult to have a barameter to
judge morale; that if the time period is after Easter and there are no
vacation days until the end of the school year, morale would be low,
noting that the timeframe must be considered. She added that overall
morale of Roanoke City School teachers is good.
QUESTION: We seem to place emphasis on programs for gifted stu-
dents such as the PLATO Program, the Magnet School, CITY School and the
Governor's School What is your assessment of efforts to provide
quality education ~or the average student and the disadvantaged stu-
dent?
Ms. Seif responded that the gifted program was long overdue
because the system was losing students to private schools. She said
regular students benefit in some ways when gifted students are assigned
to other areas because the average student then has an opportunity to
rise to the top. She added that there are remedial reading programs
and other areas where students may receive special attention so that
they may be brought up to grade level.
Mrs. Bowles asked the following questions:
QUESTION: Our School Board sometimes is perceived as being pro or
anti-administration. What would be your posture?
Ms. Self advised that there are ideas and programs of the admi-
nistration that people like and those that they dislike. She said she
has actively worked with three school administrations and she is of the
opinion that more programs are managed by the present administration
because an open door policy exists. On a personal level, she said she
had difficulty contacting administrators in years past and she disco-
vered that other parents had the same problem. She added that any
time one is in a leadership position, one will be in contact with indi-
viduals who are in support and those who are in opposition.
QUESTION: If elected to the School Board, you would be working on
the budget process. If the City's financial people .clave the School
Board a projected amount of revenue to the work with, how do you feel
about your responsibility to submit a budget to Council which is within
the projected revenue?
Ms. Setf responded that she has served on the budget study commit-
tee for the schools for several years. She said it is difficult to
stay within budget boundaries; and there are many primary areas of the
school budget which need to be funded. She added that if It was neces-
sary to keep a very important program, she would like to be in a posi-
tion to approach Council with the possibility of going over budget.
Mr. Garland asked the following questions:
QUESTION: We hear from time to time of the drug problems that are
prevalent in the public school system. Are you satisfied with the
progress that the City of Roanoke has made in that respect? Do you
still consider drugs to be a major problem?
164
Ms. Self responded that as a nurse, and with her involvement in
the medical field, if one child is lost to drugs, it represents a major
problem. She said it is society's problem, not just Roanoke City's
problem. She added that she does not have any statistics on the drug
problem, but there should be constant education through the schools on
the abuse of drugs, alcohol and teen-age pregnancy.
QUESTION: Should there come a time when the City has to discon-
tinue school programs, which programs should be deleted?
Ms, Seif responded that it would be a difficult question to
answer; that even though she might think certain programs should be
abolished, they might be mandated by the State. She said cutting
teachers would be difficult because once the positions are cut, more
children would be placed in the classroom, and it would be difficult to
teach with such a high number of pupils. She added that she would look
at the programs which are not mandated and she would look at those
programs that address the most needs of the children. She stated that
she would try to fund a portion of each program so that it could remain
as active as possible. She said she would not be in favor of cutting
programs because once they have been cut, it becomes difficult to
reinstate them.
Mr. Harvey asked the following questions:
QUESTION: I have tried to vote for individuals who would be
independent in their thinking and serve on the School Board with an
open mind and use their own knowledge and diverse opinion to decide for
themselves on the performance of the school system. What do you think
are the major strengths and weaknesses of tile school administration?
Ms. Self advised that she is an independent thinker; and she looks
at all of the facts before she makes a decision rather than approach
an assignment with preconceived notions. She said the creativity of
the administration is one of the major strengths, and its willingness
to look at all situations and determine where it can create or make
choices for parents and students, noting that giving one option was tile
way in which it was done by previous administrations. She advised that
one of the weaknesses is the limited budget in which certain cuts have
to be made.
QUESTION: Central Council PTA does not look at the Council in a
favorable light in sane instances, particularly around budget time.
There were questions that Council candidates received during a recent
Central Council PTA forum that indicated that some people were misin-
formed. Should you be selected to serve on the School Board, what
could you do as a School Board member to bring about a change in atti-
tude of Central Council PTA toward Council?
Ms. Seif advised that Central Council PTA sometimes has an adver-
sarial role with the School Board because there are certain programs
they would like to include in the budget which the school administra-
tion does not concur with. She stated with regard to the questions
which were submitted to Council candidates, at the January meeting when
it was agreed to ask Council candidates to appear before Central
Council, questions were sent in by participating parents; and as
President of Central Council PTA, all correspondence must bear her
signature. She said communication between City Council and the School
Board is not what Central Council PTA would like, and communication
between City Council and Central Council PTA is not what Council would
like. She advised that in the future better communication between the
School Board and Council and better communication between parents, the
School Board and Council is needed.
QUESTION: In a recent survey, [ asked a question the performance
of the School Board and of those returning the survey, only 36 per cent
responded that the School Board was doing a better than average job.
What would you do if you were to be appointed to the School Board to
improve the public's perception?
Ms. Seif responded that 36 per cent is a low ntmnber. She said
although she does not think many people in the co~unity attend School
Board ineettngs, they know how the Board functions; that citizens read
in the newspaper that City Council or the School Board are at odds
in some instances, therefore, there should be better dissemination of
information that School Board meetings are open sessions, input is
invited from the community, and public hearings should be attended,
etc.
165
Mayor Taylor asked the following...questions:
QUESTION:
School System?
What would you like to change about the Roanoke City
Ms. Seif responded that she is a positive thinker; that there are
so many good things which are happening in the system, and constant
progress is taking place. She said she would like to see the school
system do more advertising about the positive things that have hap-
pened.
QUESTION: Do you feel that your years of experience working with
Central Council PTA and in other phases of the school system would be a
plus for you as a School Board Trustee, and, if so, in what way?
Ms. Seif responded that in the last two years she has been in
every City school in Roanoke, including the Governor's School and the
School of Visual Arts. She said she feels that she can bring to the
School Board an overall view of the schools themselves, and she can
share her ideas with the Board with regard to what is going on in the
schools.
The sixth and last person to be interviewed was Mr. James M. Turner,
Jr,
Mr. Turner advised that he would like to express appreciation for
having had the opportunity to serve on the Roanoke City School Board.
He said it is an important position and contains a great deal of
responsibility, none of which he takes lightly. He stated that he has
worked hard over the last three years to become a better School Board
member.
Mr. Turner pointed out that when he appeared before Council three
years ago, there were several issues that were at the forefront, the
first being the relationship between the School Board and City Council,
and he stated that the relationship has improved over the past three
years. He said equally as important is the relationship between the
City administration and the School administration which also has
improved, and matters are handled in a positive and professional manner
when there are disagre~nents. He explained that another matter at the
time was the teacher morale issue, advising that over the last several
years, mechanisms have been put in place to monitor morale, and with
any large group of employees, some morale problems are inherrent. He
said there is a good system in place and teacher morale is high at the
present time.
Over the last three years, Mr. Turner said he looks with pride on
what the Board has done for children, advising that they are being pro-
vided with an excellent educational opportunity. He said his reasons
for serving on the School Board are the same as they were three years
ago; however, he is more qualified now than he was then by virtue of
having served for three years. He advised that he also has a special
interest in serving on the School Board inasmuch as he will have four
children in the system next year.
Mr. Trout asked the followtn9 question:
QUESTION: Is there a particular area in the school system that
excites you?
166
Mr. Turner responded that he is most excited about the CiTY School
program because of its involvement with the production entitled, Empty
Chairs, which was presented at the National School Board meeting in New
'O-Fl-eans. During the meeting, he said he had an opportunity to learn
more about the CiTY School program, and advised that CiTY School is a
springboard to higher education.
Mr. Bowers asked the following questions:
QUESTION: How do you see the morale of teachers in the Roanoke
City School System?
Mr. Turner responded that morale is good; however, as with any
large organization, there are people who are not one hundred per cent
happy. He said systems are in place to give those who would like to
see a change the opportunity to be heard. He stated that teacher
morale is on a sound footing.
QUESTION: We seem to have done a good job in providing programs
for our gifted students -- CITY School, PLATO, Governor's School,
Magnet School -- have we done enough for the average student and the
disadvantaged student?
Mr. Turner responded that one cannot ever do enough for the gifted
or for the disadvantaged students. He said the majority of funds for
the disadvantaged student comes through the Chapter I Program which has
been pared down. He stated that the system is giving good attention to
those young people who are going on to higher education, as well as
those who are not through vocational education programs. He noted that
some disadvantaged students need to have more personalized attention,
however, more personalized attention means more personnel which must be
funded in the school budget.
Mrs. Bowles asked the following questions:
QUESTION: During the budget process, the School Board and school
administration are given the projected revenues by City administrators.
How much do you feel that you must stay within those projected revenues
when you present a budget to Council for approval? Should it be a
balanced budget within those revenues?
Mr. Turner responded that the budget which was sent to the City
was within the projected numbers, however, there was a request for
additional funds to meet state mandates. He said the school budget will
always be an area of conflict between Council and the School Board and
he views himself as an advocate for the schools, advising that in many
cases his advocacy concerns money to fund the school budget. Ne stated
that as a citizen of the Roanoke community, he must be aware of the
overall picture which is of concern to Council. He said the School
Board should be an advocate for funds when necessary; however, it must
be done in a manner where the School Board is aware of the responisibi-
]ities of Council not only to the schools, but to the entire community
and according to what the citizens can afford to pay.
QUESTION: Some members of the School Board are perceived to be
pro or anti-administration. What is your position?
Mr. Turner responded that the administrators overall have done a
good job; that the administration has come up with many new and
aggressive ideas and, at times, that aggressiveness does not take into
consideration the responsibilities of Council. He said his assessment
is that Council's interest is the same as the School Board's, and
Council is interested in making sure that the children in the system
receive a quality education.
Mr. Garland asked the following questions:
QUESTION: As you know, less than one-half of our students will be
college bound. As a result, many of them will need a trade upon gra-
duation. Are you satisfied with the vocational education system in the
Roanoke City Schools?
167
Mr. Turner responded that as with everything else, a better job
could always be done. He said the system is doing a good job at the
present time. He explained that he advocates the establishment of a
consortik~n, whereby people in industry in the Roanoke Valley would meet
with people in vocational schools, not only in Roanoke City but in
Roanoke County, Salem and Virginia Western Community College to
discuss what industries in the Valley need in the way of training so
that young people who are coming right out of high school can work for
industries in the Valley.
QUESTION: ~e see statistics that would indicate that approxima-
tely fifty per cent of our youth have been involved in drugs and alco-
hol. Are you comfortable with what we are doing in the schools to
combate the drug problem?
Mr. Turner responded that more can always be done, but the school
system is doing a good job. He said the system has good programs in
place to educate young pepole about the dangers of dealing with drugs
and alcohol.
Mr. Harvey asked the following questions:
QUESTION: It has been my desire to vote for independent thinking
people to boards and commissions and I have tried to vote for persons
who will use their own resources and opinions. What do you think are
the principle strengths and weaknesses of the school administration?
Mr. Turner responded that we have a very progressive school admin-
istration; that it is very much aware of new programs and techniques
which are taking place in the schools and it has anticipated many of
the programs that the state is now mandating. He said in reference to
shortcomings, it would be more in style than in substance. He stated
that the aggressiveness of the School Superintendent may offend some
persons, but if one looks at the results, his aggressiveness may be
warranted.
QUESTION: I have an invoice that shows an expenditure of
$1,534.00 for a retirement dinner, of which $214.00 was for champayne
that was paid for by the school administration. When School Board mem-
bers and administrators go on trips, at least initially, the airplane
ticket of the spouse is paid for by the City. When they attend conven-
tions, cars are rented by each individual member. In days of tight
financing, what is your understanding of school policy?
Mr. Turner responded that the statement has some very strong
innuendo, almost improprieties, and he does not know enough about the
credit card charges to comment. He said without having more infor-
mation, he would not want to come to conclusions that might not be
warranted. With reference to expenditures, he advised that they are
audited by the State and City Auditors and any improper use of funds
would be revealed at that time. He stated that on the surface, the
matter does raise question and it should be investigated. He pointed
out that he has taken his spouse to National School Board Conferences
and he has paid all of her expenses, and he believes very strongly that
although certain expenses may be paid by the City, they are reimbursed
in a timely manner.
QUESTION: A survey that I sent to citizens requesting that they
rate the performance of the Roanoke City School Board came back with
only 36 per cent responding that the School Board has done a good job.
What would you do if you were reelected to the School Board to address
public image?
Mr. Turner responded that he does not know how scientific the sur-
vey was. He advised that he is not particularly interested in the
School Board having a high visibility in the community; that the pro-
duct the School Board is interested in is the quality of education
which is given to the City's youth. He said the system is providing a
quality education, and action speaks louder than individual thinking
pertaining to the School Board. He commented that if he sees a
problem, he contacts the Chairman or the Superintendent of Schools and
deals with it privately; that he does not believe in attacking a public
168
official if it can be handled in private. He said perhaps the fact
that School Board meetings appear to be harmonious has caused some
individuals responding to the survey to think that the Board is not
effective; however, he would have to point them to the results which
have been attained. He advised that the school system has now employed
a public relations person to work with individuals in the system, and
in the near future School Board members will be speaking to the com-
munity about what is happening in the schools.
Mr. Musser asked the following questions:
QUESTION: What is your opinion of the family life mandates?
Mr. Turner responded that he agrees with the mandates. He said it
is a very sensitive area, and parents of children who do not want them
to participate are given the option to bow out. He stated that there
are many unwed mothers, teenagers having children who grow up with a
lack of parental guidance who have the same problems, that the circle
needs to be broken and unfortunately, society is looking more and more
to the schools.
Mayor Taylor asked the following question:
QUESTION: If reelected, what are you going to do to make our
system the number one system in America in the next three years?
Mr. Turner responded that the Roanoke City School system may
already be on the way.
The interviews having been completed, the Mayor declared the
meeting adjourned at 11:15 p.m.
ATTEST: P~(-4~I.'~-~
City C1 erk
APPROVED
169
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 2, 1988
2:00 p,m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W,, City of Roanoke, on Monday, May 2, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Re~
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Robert A. Garland, James G. Harvey, II, Howard E. Musser and Mayor
Noel C. Taylor ..................... 7.
ABSENT: None ...........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F, Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Denver J. Davis,
Chaplain, Friendship Manor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that as on July 1, 1988, the three year terms of
Ms. LaVerne B. Dillon, Mr. David K. Lisk and Mr. James M. Turner, Jr.,
as members of the Roanoke City School Board will expire, and called for
nominations to fi1! the vacancies.
Mr. Harvey placed in nomination the name of Ms. Marilyn C.
Curtis.
Mrs. Bowles placed in nomination the name of Ms. Velma B. Self.
Mr. Garland placed in nomination the names of Mr. James M. Turner,
Jr., and Mr. David K. Lisk.
Mr. Musser placed in nomination the name of Ms. LaVerne B.
Dillon.
Mr. Bowers placed in nomination the name of Mr. Emanuel C.
Edwards.
There being no further nominations, the Mayor declared the nomina-
tions closed and requested a roll call vote on the six nominees:
ACTION: FOR MS. CURTIS: Council Members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor ........ 7.
ACTION: FOR MS. SE[F: Council Members Trout and Bowles 2.
ACTION: FOR MR. TURNER: Council Members Trout, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 6.
ACTION: FOR MR. LISK: Council Member Garland .............. 1.
ACTION:
FOR MS. DILLON: Council Members Bowers, Harvey and Musser ...... 3.
ACTION:
FOR MR. EDWARDS: Council Member Bowers and Mayor Taylor ........ 2.
ACTION:
The Mayor advised that he would like to change his vote and
requested the concurrence of Council to do so.
Mr. Trout moved ~i~a~ the Hayor's request be granted. The motion
was seconded by Mr. Garland and adopted by the following vote:
170
ACTION:
ACT[ON:
ACT[ON:
ACT[ON:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................. 7.
NAYS: None ..................................................... O.
The Mayor stated that he would like to cast his votes for Mr.
Turner, Ms. Curtis and Ms. Self.
The Mayor then called upon the City Clerk for a total of the votes
cast for all nominees; whereupon, the City Clerk presented the follow-
ing tabulation:
FOR MS. CURTIS: Council Members Trout, Bowers, Bowles, Garland,
Harvey, Musser and Mayor Taylor .... 7.
FOR MRS. SELF: Council Members Trout, Bowles and Mayor Taylor--3.
FOR MRo TURNER: Council Members Trout, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........................... 6.
FOR MR. LISK: Council Member Garland
FOR MS. DILLON: Council Members Bowers, Harvey and Musser ...... 3.
FOR MR. EDWARDS: Council Member Bowers
The Mayor announced that Ms. Curtis received seven votes, that Mr.
Turner received six votes and Ms. Dillon and Ms. Seif were tied with
three votes each.
The Mayor declared Ms. Dillon and Mr. Turner elected by a majority
vote of the Council; and called for a ruling by the City Attorney rela-
tive to the tie vote between Ms. Dillon and Ms. Self. The City
Attorney advised that according to Roberts Rules of Order, Section 43,
Bases For Determining A Voting Result,it is provided that a plurality
vote is the largest number of votes to be given any candidate, and a
plurality that is not a majority never chooses a proposition or elects
anyone. He said in Section 45, in an election of members of a board or
committee, if more than the prescribed number receive a majority vote,
the places are filled by the proper number receiving the largest number
of votes; that if less than the proper number receive a majority vote,
those who do have a majority are elected and all other candidates
remain on the ballot for the necessary repeated balloting. He advised
that all persons nominated according to Roberts Rules of Order are
entitled to remain on the ballot and to be voted upon on subsequent
ballots. He explained that Ms. Curtis and Mr. Turner were elected by a
majority vote and the remaining four nominees, inasmuch as they did not
receive a majority vote, remain on the ballot for subsequent vote.
The Mayor requested a roll call on the remaining candidates;
whereupon, the following vote was recorded.
FOR MS. SEIF: Council Members Trout, Bowles and Mayor Taylor---3.
FOR MR. LISK: Council Member Garland 1.
FOR MS. DILLON: Council Members Bowers, Harvey and Musser ...... 3.
FOR MR. EDWARDS: None-
....... The City Attorney advised that according to Roberts Rules of
Order, all four nominees continue to be carried on the ballot; where-
upon, the Mayor called upon the City Clerk for a roll call vote of the
candidates:
FOR MS. SEIF:
Taylor--
Council Members Trout, Bowles, Garland and Mayor
FOR MS. DILLON: Council Members Bowers, Harvey and Musser ....... 3.
FOR MR. LISK: None ...........
FOR MR. EDWARDS: None.
171
ACTION:
The Mayor declared the following persons as elected Trustees of
the Roanoke City School Board for terms of three years each commencing
July 1, 1988, and ending June 30, 1991: Ms. Marilyn C. Curtis with
seven votes, Mr. James M. Turner, Jr., with six votes and Ms. Velma B.
Self with four votes.
BID OPENINGS:
.!
ACTION:
ACT[ON:
INDUSTRIES-SIDEWALKS, CURB AND GUTTER-WATER DEPARTMENT-SEWERS AND
STORM DRAINS: Pursuant to notice of advertisement for bids for con-
struction of Chip Drive, N. E., including roadway with curb and gutter,
water line, sewer line, sewage lift station and four inch force main,
said bids to be received by the City Clerk until 1:30 p.m., on Monday,
May 2, 1988, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
E. C. Pace Company, Inc.
Laramore Construction Company, Inc.
Branch Highways, Inc.
J. P. Turner & Brothers, Inc.
Prillaman & Pace, Inc.
Aaron J. Conner General Contractor,
lnc.
S. C. Rossi & Company, Inc.
$308,74~.50
358,181.50
366,805.00
380,754,00
422,6?3.00
427,788.60
439,598.50
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
ACTION:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, at which time the Mayor requested that the
Executive Session be withdrawn.
PENDING LIST: A list of items pending from July 10, 1978, through
April 25, 1988, was before Council,
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs, Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ....................... 7.
NAYS: None .............. O.
172
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC ~TTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ANIMALS-COMPLAINTS: The City Manager and the City Attorney sub-
mitted a joint written report with regard to beekeeping regulations,
advising that at the Council meeting on Monday, April 25, 1988, Council
had before it their report recommending certain beekeeping regulations
along with a draft of a proposed ordinance regulating beekeeping; that
after being briefed and hearing comments of beekeepers and other citi-
zens, Council referred the matter back to the City Manager and the City
Attorney for preparation of a measure to be presented at the Council
meeting on May 2, 1988; and subsequently, on April 26, 1988, the review
team established to recommend an ordinance with respect to this matter
met with members of the Blue Ridge Beekeepers Association and obtained
additional comments from them.
it was explained that after hearing the comments of beekeepers and
citizens at-large, they were pleased to recommend to Council an ordi-
nance which they believe represents a balanced approach to the issue of
beekeeping in a crowded urban environment, noting that the ordinance
has been amended in four respects from the draft which was before the
Council on April 25, 1988, as follows:
The word "beehive" will be substituted for the word
"apiary" in the City Code. The word "beehive" is
defined by §6-109.1. The Blue Ridge Beekeepers
Associ ati on recommends thi s change, and they
believe that it provides more precision to the pro-
posed ordi nance.
The Ordinance now provides that a beehive shall not
be kept closer than thirty feet to any "street" as
defined by the City Code. The Code's definition of
"street" includes streets, alleys and other public
rights-of-way. The draft ordinance before Council
on April 25, 1988, provided for a setback of forty
feet from a street. They believe that this amend-
ment will be fairer to beekeepers while still pro-
tecting public safety.
The Ordinance now allows a beekeeper to keep two
additional beehives during the months of April,
May and June (the swarm season). T~is provision
was added at the request of the Beekeepers Associa-
t.ion and in an attempt to accommodate beekeepers
who perform a public service by capturing swarms.
The effective date of the ordinance has been
amended from May 15, 1988, to July 1, 1988. They
are advised that bees are now beginning their
heaviest honey production, and the amendment in the
effective date of the ordinance will mitigate the
hardship to the one beekeeper who is known to have
compl iance di ffi cul ty.
(For full text, see report on file in the City Clerk's Office.)
173
II
ACTION:
ACTION:
Mr. Harvey offered the following emergency Ordinance:
(#290/6) AN ORDINANCE amending and reordaining §6-110, Location
of aRiaries, and §6-111, Water SUPPI~ for bees, Code of the--C~
Roanok~ (1§79), as amended~ and adding a new §6'~09.1, Definitions, and
a new §6-112, Densit~ requirements, the amended and added sections
defining "beehi~e", establishing permitted locations for beehives,
maximum density regulations for beehives and other regulations per-
taining to the keeping of bees; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 536.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... 7.
NAYS: None ................
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAiNS-BUDGET: Council Member Robert A.
Garland, Chairman of a co~nittee appointed by the Mayor to tabulate
bids received for replacement of an existing diesel engine blower drive
unit with an electric motor at the Water Pollution Control Plant, pre-
sented a written report on behalf of the committee, recommending that
the City Manager be authorized to enter into a contractual agreement
with Branch & Associates, Inc., in the amount of $276,675.00 and 210
consecutive calendar days for completion; that all other bids received
be rejected; and that Council appropriate funds from the Water
Pollution Control Plant Retained Earnings Account to Maintenance of
Equipment, Account No. 003-056-3155-2048, as follows:
Contract with Branch & Associates,
Inc.
Project Contingency
$ 276,675.00
22,475.00
$ 299,150.00
The City Manager submitted awritten report concurringin the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#290?7) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 537.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ......................... 7.
NAYS: None--
Mr. Garland offered the following emergency Ordinance:
(#29078) AN ORDINANCE accepting the bid of Branch & Associates,
Inc., for replacement of the existing diesel blower drive unit at the
Water Pollution Control Plant, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 538.)
174
ACTION:
ACTION:
ACTION:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .................................. 7.
NAYS: None ........................
PARKS AND PLAYGROUNDS: Council Member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for
grading, landscaping and irrigation for Williamson Road Gateway Park,
presented a written report on behalf of the committee, recommending
that Council reject all bids received and revise the scope of work
items for rebidding, advising that the amount of tile low l~p sum bid
is $14,500.00 higher than the project budget which is not acceptable.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(.~2g079) A RESOLUTION rejecting all bids for the construction of
the Williamson Road Gateway Park.
(For full text of Resolution, see Resolution Book No. 50, page 539.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor .... 7.
NAYS: None ...... O.
WATER DEPARTMENT: Council Member Robert A. Garland, Chaimnan of a
committee appointed by the Mayor to tabulate bids received for exterior
and interior painting of the Carvins Cove Filter Plant, presented a
written report on behalf of the comnittee, recommending that the City
Manager be authorized to enter into a contractual agreement with
Virginia Resource Development Corporation trading as Gaines and Oguin,
in the amount of $9,150.00 and 25 consecutive calendar days for comple-
tion; advising that funds are available in Carvins Cove Filter Plant
Exteri or Pal nti ng, Account No. 002-056-8335-9060 ( $10,400.00),
$9,150.00 contract amount, plus $1,250.00 project contingency.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29080) AN ORDINANCE accepting the bid of Virginia Resource
Development Corporation t/a Gaines and Oguin, for the exterior and
interior painting of the Carvins Cove Filter Plant, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 539.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ...... 7.
NAYS: None-- ~0.
ACTION:
SALE OF PROPERTY-CITY PROPERTY: Council Member Elizabeth To
Bowles, Chain~an of the Water Resources Con~nittee, presented a written
report on behalf of the comnittee, reco~m~ending that Council authorize
the sale of surplus City properties by special warranty deed, as
fol 1 ow s:
Lot 13, Section 2, Monterey North, Official Tax No.
7390/13 (Nelms Lane) to the high bidder, Mr.
Jackson E. Jewell, for $3,700.00 and,
Lots 9, 10, 11 and 12, Block 79, Melrose Land Com-
pany, Official Tax Nos. 2332009, 2332010, 2332011
and 2332012 (Staunton Avenue, N. W.) to the high
bidder, Deliverance Churcl~ of Christ for
$10,100.00.
A staff report explained that the City acquired the property in
two locations as detailed below:
Lot 13, Section 2, Monterey North, 4700 block of
Nelms Lane, N. E., Official Tax No. 7390713,
acquired in 1980 as a part of the Monterey North
Water System.
Lots 9, 10, 11 and 12, Block 79, Melrose Land
Company, 200 block of Staunton Avenue, N. W.,
Official Tax Nos. 2332009, 2332010, 2332011 and
2332012, acquired at public auction in 1942.
It was further explained that the following lots have been
declared surplus to the City's needs:
Lot on Nelms Lane, N. E., Official Tax No, 7390713,
contained a water storage tank. The tank has been
removed.
Lots on Staunton Avenue, N. W., Official Tax Nos.
2332009 - 2332012, respectively, have been held as
having potential for park use. Staunton Avenue
Park is located two blocks west, is much larger and
has superior topography.
The report pointed out that the Office of Real Estate Valuation
has established the following values for tax purposes:
Lot on Nelms Lane, N. E., $5,000.00
Lots on Staunton Avenue, N. W., $2,500.00 each,
total $10,000.00
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#2g081) AN ORDINANCE providing for the sale and conveyance of
two parcels of land owned by the City of Roanoke and situate in the
City, bearing Official Tax Nos. 7390713 and 2332009, 2332010, 2332011
and 2332012, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 541,)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
175
176
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ........................ 7.
NAYS: None ..............................
AIRPORT-AUDITS: A report of the Treasurer of the Roanoke Regional
Airport COlnmlssion, recommending that Council amend the City of
Roanoke's contract with Peat, Marwick, Main & Company to include the
Airport Commission in the fiscal year 1988 audit.
In a further report, the Treasurer advised that in order to main-
tain the fiscal integrity and independence of the Commission, it is
essential that an audit of the financial statements be completed by an
independent third party; that since it is al ready well into the fiscal
year, it is recommended to Council that the firm of Peat, Marwick,
Main & Company be contracted with in an addendum to the City of
Roanoke' s contract.
It was further recommended that the Airport Commission appoint an
Audit Committee composed of two members of the City and two members of
the County to meet with Peat, Marwick, Main prior to the audit to
express any special concerns of the City or the County, and then to
receive and review the reports when the audit is completed prior to
submitting it to the Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29082) AN ORDINANCE authorizing an addendum to the City's
contract for financial auditing services to include financial state-
ments of the Roanoke Regional Airport Commission; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 540.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council members Trout, Bowers, Bowles, Garland, Harvey,
Musser and Mayor Taylor ..... 7.
NAYS: None ..............................
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 3:00 p.m.
ATTEST:
City Clerk
APPROVED
Mayor
177
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 9, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth Floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 9, 1988, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ............ 7.
ABSENT: None-- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council; a matter involving acquisition of real
property for public purpose; and additional personnel matters.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor Lo
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... 7.
NAYS: None .............................
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter involving acquisition of real property for
public purpose, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter involving
acquisition of real property for public purpose, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
178
ACT[ON:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ................... 7.
NAYS: None ...........................
COUNCIL: A communication from Vice-Mayor Howard E. Musser
requesting an Executive Session to discuss personnel matters, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters,
pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as
amended. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................................. 7.
NAYS: None-
REGULAR AGENDA:
ACTION:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $42,679.00 for the Substance
Abuse Prevention and Education Program of the Roanoke City Schools, to
provide prevention of alcohol and drug abuse among high-risk youth,
said program to be one hundred per cent reimbursed by State funds, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request of the School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29083) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 541.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr- Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .... ' ........ 7.
NAYS: None--
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC ASSISTANCE: The City Manager called upon the Director of
H~nan Resources for a briefing on State mandates in the Social Services
Department.
Mr. Ritchie gave an oral briefing on mandates imposed by the State
and Federal Governments on his directorate.
(See transcript on file in the City Clerk's Office.)
179
,!
EMERGENCY SERVICES: The City Manager submitted a written report
on the Superfund Amendments and Reauthorization Act of 1986 (SARA Title
It was advised that major disasters like that in Bhopal, India in
December 1984, which resulted in an estimated 2,000 deaths and over
200,000 injuries are rare, however, reports of hazardous materials
spills and releases are increasingly commonplace; that in August, 1985,
a chemical leaked from a Union Carbide plant in Institute, West Virgi-
nia injuring six workers and sending approximately 125 persons to
hospitals for evaluation and treatment; that thousands of new chemicals
are developed each year, with recent evidence showing that hazardous
materials incidents are considered by many to be the most si9nificant
threat facin9 local jurisdictions; and on October 17, 1986, the "Super-
fund Amendments and Reauthorization Act of 1986" (SARA) was enacted
into law.
It was explained that Title III: the Emergency Planning and Com-
munity Right-To-Know Act of 1986 is one part of the SARA legislation,
which provides for the following:
Establishes requirements for Federal, State and
local governments and industry regarding emergency
planning and "community right-to-know" reporting on
hazardous and toxic chemicals.
The legislation is aimed at helping communities
meet their responsibilities in regard to potential
chemical emergencies.
Con~nunity right-to-know provisions of Title III
will help increase the public's knowledge of and
access to information on the presence of hazardous
chemicals in their comnunity and releases of these
chemicals into the environment.
It was further explained that Title III is organized into three
subtitles:
Subtitle A - Emergency Planning and Notifica-
ti on establishes the framework for local
emergency planning. In addition, it provides
the mechanism for community awareness with
respect to hazardous chemicals present in the
locality. This information is critical for
effective local contingency planning.
e
Subtitle B - Reporting Requirements includes
requirements for the submission of MSDA
(Material Data Safety Sheets) and emergency
and hazardous chmnical inventory forms to
State and local governments, and the sub-
mission of toxic chemical release forms to the
State and the EPA.
Subtitle C - General Provisions concerning
trade secret protection, enforcement proce-
dures, citizen suits, and public availability
for information.
Mr. Herbert pointed out that on April 17, 1987, the Governor of
Virginia appointed the Virginia Emergency Response Council (VERC); that
the VERC is responsible for supervising and coordinating the activities
of the local emergency planning committees (LEPC), for establishing
procedures for receiving and processing public requests for information
collected under other sections of Title III, and for reviewing local
emergency plans; and on July 17, 1987, Roanoke City, Roanoke County,
the City of Salem and the Town of Vinton, formed the LEPC which was
named the "Roanoke Valley Hazardous Materials Emergency Planning
Con~nittee", which is charged with the following responsibilities:
180
ACTION:
Coordinate emergency response plans, prepare and
distribute a comprehensive local emergency response
plan for chemical emergencies to include:
identification of facilities and extre-
mely hazardous substances transportation
routes,
emergency response procedures, on site
and off site,
emergency notification procedures,
methods for determining the occurrence of
a release and the probable affected area
and population,
description of community industry,
emergency equipnent and facilities, and
the identity of persons responsible for
them,
evacuation plans,
description and schedules of a training
program for emergency response to chemi-
cal emergencies, and,
methods and schedules for exercising
response plans.
The City Manager explained that on August 17, 1987, the VERC
appointed members of the local committee; that on September 17, 1987,
facilities subject to the emergency planning requirements appointed a
representative who will participate in the planning process as the
Facility Emergency Coordinator; that on October 17, 1987, MSDS or a
list of MSDS chemicals were to be submitted to the VERC, the local com-
mittee and the local fire department; that on November 24, 1987, the
Department of Emergency Services sponsored a conference at the Roanoke
Civic Center on the Emergency Planning and Community Right-to-Know Act
held for representatives of industry, local government and emergency
services organizations; that on March 1, 1988, and annually thereafter,
facilities were to submit their emergency inventory forms to the VERC,
the local committee and the local fire department; and Emergency
Services staff has attended a week long Hazardous Materials Contingency
Planning Course which outlined organizing a LEPC, conducting a
hazard/vulnerability analysis, and developing an emergency response
plan for hazardous materials.
It was noted that all requirements outlined in the background
above have been met within the established deadlines for completion;
that the Roanoke Valley Hazardous Materials Planning Committee meets
once a month; that sub-committees have been formed to begin development
of the local emergency response plan; that efforts are being made to
identify and evaluate computer hardware and software programs which
will assist in collecting and maintaining data on emergency planning
and con~nunity right-to-know requirements as established by SARA Title
III; that additional program capabilities include resource and person-
nel management, emergency preparedness, disaster response and providing
real-time information about flooding conditions.
In conclusion, the City Manager advised that it is important to
understand that SARA Title III presents many complex and challenging
issues for municipalities; that during the early stages of the program,
there will be much confusion, an overabundance of information and
demands will be placed upon understaffed and underfinanced state and
local authorities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filedo
motion was seconded by Mr. Harvey and unanimously adopted.
The
181
m
POLICE DEPARTMENT-FIRE DEPARTMENT-EMERGENCY SERVICES:
Manager submitted a written report on the E-911/CAD system.
The City
The following sequence of events occurred:
The City of Roanoke included E-911 Capital and
Start-up funding in the Five-Year Capital Budget
(1984-1989).
July 22, 1985, Council authorized the City Manager
to proceed with implementation of an Enhanced
9-1-1/CAD Communication System.
September 9, 1985, Council, by Ordinance No. 27783,
accepted the proposal submitted by C & P Telephone
Company to provide Enhanced 9-1-1 telephone ser-
vice.
October 10, 1985, the City Manager executed appli-
cation for Enhanced 9-1-1 service with C & P
Telephone Company.
March 16, 1986, the City Manager appointed an in-
house 9-1-1 Committee to coordinate and expedite
implementation of the 9-1-1/CAD system.
October 24, 1986 bids were received for CAD (Com-
puter-Aided Dispatching) hardware and software.
February 11, 1987, bids were received for Electro-
nic Communications Consoles and Related Mobile Data
Terminal System.
March 16, 1987, Council conducted a Public Hearing
relative to a special tax on purchasers of local
telephone service to fund the 9-1-1 system. Coun-
cil adopted an ordinance imposing a special tax on
the purchasers of local telephone service.
March 16, 1987, Council awarded a bid by contract
to NCR Corporation to furnish and install a com-
puter-aided dispatch system.
March 16, 1987, Council awarded a bid by contract
to Motorola C & E, inc., to furnish and install
co~nunications consoles and a mobile data terminal
system.
It was explained that on October 5, 1987, the 9-1-1 system was
implemented valley-wide on schedule; that statistics indicate 9-1-1
usage for fire and rescue at nearly eighty per cent after six months;
that structural modifications to the Emergency Communications Center is
ninety-eight per cent complete; that training of comnunications,
emergency s~rvices, fire and police personnel will be completed by
May 29, 1988; and a move to the new Communications Center is targeted
for late May.
In summary, the City Manager advised that it is well to note that
the planning design and implementation of these complex systems have
spanned a twenty year period which began in lg68 with the AT&T announ-
cement that the digits "9-1-1" would henceforth be reserved as the uni-
versal emergency telephone number; that subsequent to relocation of the
City's Communications Center to a temporary site on May 1, 1987, the
9-1-1/CAD Project activities completed are as follows:
First draft of the geographical Database was
completed in October, 1987.
CAD Computer installed in August 1987.
Communications consoles installed in Sept~nber
1987.
182
ACTION:
ACT[ON:
Fully operational with 9-1-1 in October 1987.
Mobile data terminal radio system turned on for
test in December 1987.
Two primary interfaces were completed by March
1988. These interfaces were to connect 9-1-1 and
the Virginia Criminal information Network to the
CAD system.
It was noted that the remaining critical activities necessary to
complete the project are the interfaces between the City's host ([BM)
computer, mobile data terminal network and the CAD computer; that
during the transition period over the next several months, it is
expected that personnel will be highly stressed as the new technologies
are brought on line, and they will endeavor to be accountable and
retain their high standards throughout this critical period.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-STADIUM-CELEBRATIONS: The City Manager submitted
a written report advising that the Roanoke Special Events Committee was
appointed by Council to plan and implement community-wide events; that
family-type events must be planned and implemented as well as adult
events; that objectives of the Special Events Committee are to create
entertaining and fun type events, attracting local citizens, as well as
bringing thousands of people to Roanoke.
It was explained that the Roanoke Valley Fair is planned for
Victory Stadium and Armory on June 24 - July 2, 1~88, including car-
nival rides, crafts, an Old MacDonald's Farm, country foods, exhibi-
tions, and shows, in honor of Roanoke County's Sesquicentennial; that
the Motown Beach Party will be held on May 14, 1988, and features four
nationally known acts playing an afternoon concert; that criteria
established by Resolution No. 29982 for waiving fees for Victory
Stadium's use has been met inasmuch as the con~nittee is tax exempt;
that net proceeds will be used by the Committee for ongoing events; and
public liability insurance, in an amount of $1,000,000.00 per occur-
rence, is provided by the Committee with a hold-har~nless clause and
names the City of Roanoke as co-insured.
The City Manager recommended that Council waive Victory Stadium
and Armory rental fees and grant concession rights to the Roanoke
Special Events Committee for the Motown Beach Party on May 14, 1988,
and the Roanoke Valley Fair on June 24 - July 2, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29084) A RESOLUTION waiving the standard rental fee for use of
certain City facilities for the Motown Beach Party and the Roanoke
Valley Fair, and granting concession rights in conjunction with each
event.
(For full text of Resolution, see Resolution Book No. 50, page 542.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None ............... O.
183
m
ACT[ON:
BUDGET-FiFTH DiSTRiCT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that Council appro-
riated the Consortium's Notice to Proceed for the Veterans Grant, in
the amount of $8,583.00 on April 4, [988; that the Veterans Grant is
for the period of December 23, 1987, through December 22, 1988, and
will serve 72 eligible veterans with Title [V-C funds; that Summer
Youth carryover funds of $28,885.00 from last year were transferred to
this year by Council on April 4, 1988; that the Summer Youth Program
for the current year is projected to serve 459 economically disadvan-
taged youth in the Fifth Planning District; and the City of Roanoke is
the Grant Recipient for Consortium funding.
it was explained that Notice of Award #88-381-01 has been
received, in the amount of $42,917.00, which is the remaining balance
due for the Veterans Grants of $51,000.00; and Notice of Award
#88-03-06 has been received for $46/,872.00 in new funding for the
Summer Youth Program.
The City Manager recon~ended that Council appropriate the Consor-
tiun's additional funding of $510,789.00, and increase the revenue
estimate by $510,789.00 in accounts to be established by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29085) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 543.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
NAYS: None ...... - ....... O.
HOUSiNG-PUBLiC ASS[STANCE: The City Manager submitted a written
report advising that Counci] accepted an Emergency Shelter Grants
Program grant award of $26,000.00 on November 16, 1987, pursuant to
Resolution No. 28872, allocated under the Stewart B. McKinney Homeless
Assistance Act from the United States Department of Housing and Urban
Development to provide services to the homeless; that the City
appropriated the funds to an Emergency Shelter Resource Fund enabling
local non-profit organizations to apply for financial support to
improve the quality of shelter facilities; and Council concurred with
the recommendations submitted by the City Manager's Follow-up Task
Force on Homelessness on January 25, 1988, pursuant Lo Resolution No.
28963, to allocate the funds as fol]ows:
$20,000.00 to Total Action Against Poverty, Inc.
3,000.00 to Roanoke Area Ministries.
3,000.00 to Salvation Army.
It was explained that the Salvation Army declined to accept the
grant due to objections by its national office to the exclusionary
religious language used by the Department of Housing and Urban
Development; and Council authorized the City Manager on April 4, 1988,
pursuant to Resolution No. 29047, to reallocate $3,000.00 from the
Emergency Shelter Resource Fund to Roanoke Area Ministries.
It was further explained that fiscal year 1988 Emergency Shelter
Grants Program appropriations were significantly reduced nationally,
resulting in a reduction of the City's share from $26,000.00 to
$4,000.00; that an Emergency Shelter Grants Program grant allocation of
$4,000.00 has been awarded to the City of Roanoke by the U. S. Depart-
ment of Housing and Urban Development; that the funds, allocated under
184
ACTION:
the fiscal year 1988 Further Continuing Appropriations Act of the
Stewart B. McKinney Homeless Assistance Act, must be used to provide
assistance to the homeless; that the Emergency Shelter Resource Fund
will provide the avenue for distributing the funds to local shelter
providers serving the needs of the homeless; that the City will invite
applications from all local shelter providers to ensure the most cost
beneficial use of the funds; and the Follow-up Task Force on Homeless-
ness will review proposals and advise the City Manager on which pro-
jects to recommend to Council for funding.
The City Manager recommended that he be authorized to execute the
necessary documents accepting the Emergency Shelter Grants Program
grant award; that Council appropriate $4,000.00 for the Emergency
Shelter Grants Program to Account No. 035-054-8831-2210, and increase
the revenue estimate in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(//29086) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see OrDinance Book No. 50, page 544.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ...... O.
Mr. Harvey offered the following Resolution:
(#29087) A RESOLUTION accepting a certain Emergency Shelter Grant
Program funds (ESGP) offer made to the City by the United States
Department of Housing and Urban Development under Subpart B of Title IV
of the Stewart B. McKinney Homeless Assistance Act, of Public Law
100-77; and authorizing execution of the City's acceptance of the
aforesaid grant offer on behalf of the City of Roanoke and the agree-
ment, on behalf of the City, to comply with the terms and conditions
and requirements of said Department pertaining thereto.
(For full text of Resolution, see Resolution Book No. 50, page 545.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......................... 7.
NAYS: None ..................................................... O.
BUDGET-MANAGEMENT SERVICES-EQUIPMENT: The City Manager submitted
a written report concurring in a report of a Bid Committee with
reference to the purchase of one new offset printing press with
accessories.
The Bid Committee recommended that Council accept the bid sub-
mitted by Multigraphics, in the total amount of $18,383.00; and
appropriate $18,383.00 from the Internal Services Retained Earnings
Account to Management Services Accounts, as follows:
Other Equipment 006-002-1617-9015" $1/,0/0.00
Maintenance of Eq. 006-002-1617-2048 1,313.00
(For full text, see reports on file in the City Clerk's Office.)
185
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency budget Ordinance:
(#29088) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 546.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- - ......... 7.
NAYS: None- . ........... O.
Mr. Bowers offered the following emergency Ordinance:
(#29089) AN ORDINANCE providing for the purchase of an offset
printing press, upon certain terms and conditions, by accepting a bid
made to the City for furnishing and delivering such equipment;
rejecting other bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 546.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... - ........... 7.
NAYS: None- - ........... O.
BUDGET-POLICE DEPARTMENT-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a Bid Con~ittee with reference
to the purchase of unmarked police automobiles.
The Bid Committee recommended that Council accept the bid of
Woodson Pontiac, Inc., for ten unmarked police automobiles, in the
total amount of $103,230.00; that Council appropriate $103,230.00 from
Equipment Replacement Contingency, Account No. 001-002-9410-2202, to
Police Department, Account No. 001-050-3113-9010, to provide sufficient
funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29090) AN ORDINANCE to amend and reordain certain sections of
the lg87-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 547.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................ 6.
NAYS: None- O.
(Council Member Bowers abstained from voting.)
Mrs. Bowles offered the following emergency Ordinance:
(#29091) AN ORDINANCE providing for the purchase of unmarked
police automobiles for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; rejecting other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 547.)
186
ACT[ON:
ACT[ON:
ACT[ON:
Mrs. Bowles moved the adoption of the Ordinance, The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ................. 6.
NAYS: None .......... O.
(Council Member Bowers abstained from voting.)
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a Bid Committee with reference
Lo the purchase of trucks and related equipment.
The Bid Committee recommended that Council accept the lowest
responsible bids meeting specifications for trucks and related equip-
ment and reject all other bids, as follows:
Item Quantity and Successful Total Purchase
Number Descrtption Bidder Price
I & 4 1-Cargo Van and Berglund Chevrolet $ 20,327.95
1-1/2 Ton Pick-Up
Truck
2, 6 1-3/4 Ton Cab/ Shelor Chevrolet 54,419.34
& 7 Chassis 2-Mid-Size
Pick-up trucks and
1-3/4 ton 4-Wheel
Drive Pick-Up Truck
3 & 5 3-Utility Bodies General Truck Body 6,670.00
to be mounted on Co., [nc.
Items 2 & 4
It was further recommended that Council appropriate $32,629.00
from Capital Maintenance & Equipment Replacement Program and $48,789.00
from Equipment Replacement Contingency Fund, Account No. 001-002-9410-
2202, to the following accounts:
Building Maintenance Acct.
Custodial Services Acct.
Street Maintenance Acct.
No. 001-052-4330-9010
No. 001-052-4220o9010
No. 001-052-4110-9010
$ 58,232.62
9,194.67
13,990.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29092) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emer§ency.
(For full text of Ordinance, see Ordinance Book No, 50, page 548.)
Mr. Garland moved the adoption of the Ordinance, The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor- 6.
NAYS: None--
(Council Member Bowers abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#29093) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an mnergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 549.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
187
m
ACT ! 0 N:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor- 6.
NAYS: None ..............
(Council Member Bowers abstained from voting.)
INDUSTRIES: The City Manager submitted a written report advising
that the Sunlink Corporation has contracted to buy 13.8 acres of land
from the City of Roanoke, being parcel lB in the Roanoke Centre for
Industry and Technology; and Sunlink is the real estate division of
Bell Southern, a corporation which recently purchased Universal
Communication Systems (UCS).
It was explained that Universal Communication Systems, which
currently employs 240 persons in the City of Roanoke, will be occupying
a 70,000 square foot facility with an investment of $7,000,000.00 and
expanding their work force by 100 to 150 persons over the next several
years; and, with Bell Southern as owner of Universal Communication
Systems, its potential for future growth is enormous.
The City Manager explained that Sunlink Corporation will lease the
land and building to Universal Communication Systems; and Deed Restric-
tion No. 12 states that, "No purchaser from the City of property in the
Centre shall lease such property without the prior written consent of
the City."
The City Manager recommended that Council provide Sunlink Corpora-
tion with written consent to enter into a lease agreement with Univer-
sal Communication Systmns.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following Resolution:
(#29094) A RESOLUTION consenting to the lease of Parcel lB within
the Roanoke Centre for Industry and Technology.
(For full text of Resolution, see Resolution Book No. 50, page 550.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None ..................................................... O.
At 8:10 p.m., the Mayor declared the meeting in recess.
At 8:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
STREETS AND ALLEYS: The City Manager submitted a written report
advising that the City owns an approximate twenty foot tract of Offi-
cial Tax No. 7050107 off Berkley Road, approximately ten acres of which
is under contract to Tultex Corporation for construction of a 50,000
square foot manufacturing facility to be used as a sewing plant; that
the public street connecting City property to King Street is needed
immediately; and acquisition of the property and construction of the
public street is a necessary and expedient course of action.
It was explained that the exact location of the new public street
has now been determined; that the City of Roanoke has an immediate .need
to acquire property for the public street; and a plat under date of
April 21, 1988, shows required right-of-way for the public street con-
sisting of .193 acre to be acquired from Obediah and Anita T.
Overstreet and .222 acre to be acquired from Alice K. Harris.
The City Manager recommended that t~e be authorized, along with
appropriate City officials, to acquire by compensation or exchange or,
if necessary, to condemn the identified areas within the sixty foot
right-of-way for the purpose of constructing a public street.
(For full text, see report on file in the City Clerk's Office.)
188
ACTION:
ACT[ON:
ACTION:
Mr. Trout offered the following emergency Ordinance:
(#29095) AN ORDINANCE authorizing acquisition of certain real
property adjacent Lo King Street for the purpose of constructing a
public street; auti~orizing the City Manager to take appropriate action
for purchase of this property; authorizing the City's acquisition of
this property by condemnation, under certain circ~nstances; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 550.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Trout and Mayor
Taylor ......... - ...... 5.
NAYS: Council Members Harvey and Musser ........................ 2.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SALE OF PROPERTY-CITY PROPERTY: Ordinance No. 29081 accepting the
offer of Jackson E. Jewell to purchase a parcel of land owned by the
City located on Nelms Lane, N. E., described as Lot 13, Section 2,
Monterey North, Official Tax No. 7390713; and accepting the offer of
Deliverance Church of Christ to purchase a parcel of land owned by the
City located on Staunton Avenue, N. W., identified as Lots 9 - 12,
respectively, Block 79, Melrose Land Company, Official Tax Nos.
2332009- 2332012, respectively, having previously been before the
Council for its first reading on Monday, May 2, 1988, read and adopted
on its first reading and laid over, was again before the body, Mrs.
Bowles offering the following for its second reading and final adop-
tion:
(#29081) AN ORDINANCE providing for the sale and conveyance of
two parcels of land owned by the City of Roanoke and situate in the
City, bearing Official Tax Nos. 7390713 and 2332009, 2332010, 2332011
and 2332012, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 541.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None-- O.
BUDGET-COUNCIL: Mr. Bowers offered the following Resolution
fixing the date of Thursday, May 12, 1988, at 2:00 p.m., as a Special
Meeting of the Council of the City of Roanoke for the purpose of con-
sidering adoption of the 1988-89 City Budget:
(#29096) A RESOLUTION fixing the date of a Special Meeting of the
Council of the City of Roanoke.
(For full t~xt of Resolution, see Resolution Book No. 50, page 551.)
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
189
,!
OIHER HEARINGS OF CITIZENS: NONE.
YOUTH: The Mayor advised that there is a vacancy on the Youth
Services Citizen Board created by the resignation of John T. Hasselman
for a term ending May 31, 1988, and called for nominations to fill the
vacancy.
Mr. Bowers placed in nomination the name of Anneke N. Samuel,
There being no further nominations, Ms. Samuel was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of John T. Hasselman ending May 31, 1988, by the following vote:
ACTION: FOR MS. SAMUEL: Council Members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ..... 7.
There being no further business, the Mayor declared the meeting
adjourned at 8:30 p.m.
APPROVED
ATTE ST:Y
City Clerk
Mayor
m
190
SPECIAL SESSION
ROANOKE CITY COUNCIL
May 12, 1988
2:00 p.m.
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Thursday, May 12, 1988, at 2:00 p.m., pursuant to
Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to
Resolution No. 29096, adopted by Council on Monday, May 9, 1988, with Mayor
Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, II, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ........... 7.
ABSENT: None ....... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
The Mayor advised that the purpose of the Special Meeting was to
adopt the proposed 1988-89 fiscal year budget for the City of Roanoke.
BUDGET: A certificate of the Director of Finance advising that
funds required for the 1988-89 General Fund, Water Fund, Sewage Treat-
ment Fund, Roanoke Civic Center Fund, and Internal Service Fund budgets
will be available for appropriation, was before Council.
(For full text, see certificate on file in the City Clerk's Office.)
BUDGET-SCHOOLS: Mr. Trout offered the following emergency Ordi-
nance adopting the annual General Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1988, and ending June 30,
1989, in the amount of $131,726,504.00:
(#29097) AN ORDINANCE adopting the annual General Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1988,
and ending June 30, 1989; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 552.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. 7.
NAYS: None ............ O.
BUDGET-WATER DEPARTMENT: Mrs. Bowles offered the following
emergency Ordinance adopting the annual Water Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1, 1988, and ending
June 30, 1989, in the amount of $4,385,027.00:
(#29098) AN ORDINANCE adopting the annual Water Fund Appropria-
tion of the City of Roanoke for the fiscal year beginning July 1, 1988,
and ending June 30, 1989, and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 554.)
191
ACT[ON:
ACT[ON:
ACT[ON:
ACTION:
Mrs, Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, ttarvey, Musser,
Trout and Mayor Taylor ........................ 7.
NAYS: None ............
BUDGET-SEWERS AND STORM DRAINS: Mr. Harvey offered the following
emergency Ordinance adopting the annual Sewage Treatment Fund Appro-
priation of the City of Roanoke for the fiscal year beginning July 1,
1988, and ending June 30, 1989, in the amount of $6,766,406.00:
(#29099) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1988, and ending June 30, 1989; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 555.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............. 7.
NAYS: None ..........
BUDGET-CIVIC CENTER: Mr. Bowers offered the following emergency
Ordinance adopting the annual Civic Center Fund Appropriation of the
City of Roanoke for the fiscal year begin'ming July 1, 1988, and ending
June 30, 1989; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 556.)
(#29100) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1988, and endin9 June 30, 1989; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 556.).
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... 7.
NAYS: None .......... O.
BUDGET: Mrs. Bowles offered the following emergency Ordinance
adopting the annual Internal Service Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1, 1988, and ending June 30,
1989, in the amount of $6,543,410.00:
(#29101) AN ORDINANCE adopting the annual Internal Service Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1988, and ending June 30, 1989; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 557.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................ 7.
NAYS: None ..... O.
192
ACT[ON:
ACTION:
PAY PLAN-CITY EMPLOYEES: Mr. Trout offered the following
emergency Ordinance adopting and establishing a new Pay Plan for offi-
cers and employees of the City, effective July 1, 1988; providing for
merit increases; authorizing annual salary increments for certain offi-
cers and employees for use of private motor vehicles; repealing Ordi-
nance No. 28638, adopted May 11, 1987, to the extent of any inconsis-
tency; and providing for an effective date of July 1, 1988:
(#29102) AN ORDINANCE to adopt and establish a new Pay Plan for
officers and employees of the City, effective July 1, 1988; providing
for merit increases; authorizing annual salary increments for certain
officers and employees for use of private motor vehicles; repealing
Ordinance No. 28638, adopted May 11, 1987, to the extent of any incon-
sistency; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 558.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None ........ -0.
PAY PLAN-COUNCIL-CITY EMPLOYEES: Mr. Harvey offered the following
emergency Ordinance establishing the following annual salaries of the
Mayor, Vice-Mayor and Council Members for the fiscal year beginning
July 1, 1988:
Mayor
Vice-Mayor
Council Members
$15,000.00
13,000.00
12,OD0.00
(#29103) AN ORDINANCE establishing the annual salaries of the
Mayor, Vice-Mayor and Council Members for the fiscal year beginning
July 1, 1988, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 560.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... 7,
NAYS: None- . ............ O.
BUDGET-PAY PLAN-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-DIRECTOR
OF FINANCE-MUNICIPAL AUDITOR-CITY CLERK-DIRECTOR OF REAL ESTATE VALUA-
TION: Mr. Musser offered the following emergency Ordinance establish-
ing annual salaries for the City Manager, City Attorney, Director of
Finance, Municipal Auditor, City Clerk and Director of Real Estate
Valuation for the fiscal year beginning July 1, 1988, as follows:
City Manager - $83,500.00
City Attorney - 75,000.00
Director of Finance - 75,000.00
Director of Real Estate
Valuation - 4g,600.00
Municipal Auditor - 51,415.00
City Clerk - 45,850.00
(#29104) AN ORDINANCE establishing annual salaries for the City
Manager, City Attorney, Director of Finance, Director of Real Estate
Valuation, Municipal Auditor and City Clerk for the fiscal year begin-
ning July 1, 1988; and providing for an emergency and an effective
date.
(For full text of Ordinance, see Ordinance Book No. 50, page 560.)
193
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor-- 7.
NAYS: None--
BUDGET-CITY MANAGER-CITY ATTORNEY-DIRECTOR OF FINANCE-PENSIONS:
Mr. Musser offered the following emergency Ordinance relating to
payment of deferred compensation on behalf of the City Manager, City
Attorney and Director of Finance:
(#29105) AN ORDINANCE relating to payment of deferred compen-
sation on behalf of the City Manager, City Attorney and Director of
Finance; amending and reordaining Ordinance No. 24839, adopted
September 10, 1979; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 561.)
ACTION: Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the followin9 vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
CITY CODE-TAXES-SENIOR CITIZENS: Mr. Harvey offered the following
emergency Ordinance providing for new total combined income and net
combined financial worth eligibility levels for real estate tax exemp-
tion for persons over sixty-five years of age, or permanently and
totally disabled persons; and providing for an effective date of
July 1, 1988:
(#29106) AN ORDINANCE amending and reordaining §32-86, Financial
eligibilit~, of the Code of the City of Roanoke (1979), as amended, to
provide new total combined income and net combined financial worth eli-
gibility levels for the real estate tax exemption for persons over
sixty-five years of age or permanently and totally disabled persons;
and providin9 for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 562.)
ACTION: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... 7.
NAYS: None--- O.
There being no further business, the Mayor declared the special
meeting adjourned at 2:40 p.m,
ATTEST:
APPROVED
Mayor
194
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 16, 1988
2:00 p.m.
The Council of the City of Roanoke inet in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, May 16, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(197'9), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, [[, Howard E. Musser, James O. Trout, David A. Bowers and Mayor
Noel C. Taylor ..... ~ .......... 7.
ABSENT: None .........
O.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksbur9, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC WORKS-ACTS OF ACKNOWLEDGEMENT: The period of May 15-21,
1988, having been designated as National Public Works Week, Mr.
William F. Clark, Director of Public Works for the City of Roanoke,
presented a slide presentation on the types of work performed by
employees under his directorate.
The Mayor presented Mr. Clark with a formal proclamation declaring
the week of May 15-21, 1988, as NATIONAL PUBLIC WORKS WEEK in the City
of Roanoke, said proclamation calling upon citizens and civic organiza-
tions to acquaint themselves with the problems involved in providing
public works and to recognize the contributions that public works offi-
cials make everyday to our health, safety, and comfort.
(For full text, see proclamation on file in the City Clerk's Office.)
The Mayor called upon the City Clerk to read the names of
employees of the quarter from the Public Works Department, as follows:
First Quarter - Ma),/July 1987.
Richard S. Angel l
Evelyn S. Gunter
Kaye S. Johnson
William E. Shaw
Sherman L. Amos
Walter A. Childress
Lawrence C. Buckner
Vicki J. Clements
Construction Inspector
City Planner
Work Coordinator/Estimator
Motor Equipment Mechanic
Motor Equipment Opt. I
E1 ectrician
Custodian II
Dispatcher II
Engineering
Planning
Street Maint.
Motor Vehicle Maint.
Refuse Collection
Building Maintenance
Custodial Services
Comnunications
Second Quarter - August/October 1987
Douglas H. Gibson
Robert Hampton
David B. Snow
Bobby G. Guthrie
Judy R. Moore
Thomas W. Shaver
Brenda L. Perdue
Laborer/Operator
Sanitation Worker
Autobody Mechanic
Electrical Inspector
Admi ni strative Secretary
Maintenance Mechanic II
Custodian II
Street Maintenance
Refuse Col 1 ection
Motor Vehicle Maint.
Building Inspections
Si gnal s & A1 arms
Building Maintenance
Custodial Services
195
m
m~
Third Quarter - November 1987/January 1988
Anthony C. Crane
Daniel C. Conner
Joseph B. Hicks
A1 ton K. Land
Douglas S, Padgett
Debra F. Robertson
Martha F. Craft
Motor Equipment Opr. I
Survey Party Aide II
Custodian I
Electrician
Parts Technician
Dispatcher I
Administrative Secretary
Street Maintenance
Engineering
Custodial Services
Building Maintenance
Motor Vehicle Maint.
Con~nunications
Refuse Collection
Fourth Quarter - February/April 1988
Grant L. McGeorge
James B. Hodges, Jr.
Carolyn M. Handy
Ricky G. Sanderson
Gilbert Finley, Jr,
John S. Reeves
Michael W. Jones
Motor Equipment Opt. I
Vehicle Service Assistant
Housing Development Tech.
Maintenance Mechanic II
Custodian II
Signal Technician II
Motor Equipment Opt. I
Refuse Collection
Motor Vehicle Maint.
Building Inspections
Bui ldin9 Maintenance
Custodial Services
Signal s & A1 arms
Street Maintenance
Mr. Clark advised that he would like to present certificates of
appreciation to certain employees in the Public Works Directorate for
specific assistance rendered to the City. He called upon the following
employees to join with him at the podium and gave a brief explanation
relating to each person.
David B. Snow
Mr. Clark advised that within
the past year, the City's
pol ice fl eet changed its
marking and color from a tradi-
tional blue and white to a
solid white vehicle with new
lettering which required the
reconditioning and the repaint-
lng of a sizeable portion of
the fleet, and added that Mr.
Snow was actively involved in
the transition. He further
advised that the City's snow
spreaders were reconditioned,
repainted, sandblasted, and new
hoses were installed and Mr.
Snow was also involved in that
procedure.
Daniel Conner
Mr. Clark advised that Mr.
Conner has been with the City
of Roanoke for 19 years, and
over that period of time he has
been a laborer at the City
Garage, a rodman on the Survey
Crew, and he was temporarily
assigned as a Construction
Inspector. Mr. Clark commended
Mr. Conner for his flexibility
and progress over his years of
employment with the City.
James Hodges
Mr. Clark advised that Mr.
Hodges retired from employment
wi th the City last week. He
said Mr. Hodges was Chief of
Services Assistant at the City
Garage and he was responsible
for inputting material for the
computerized maintenance system
containing data on the history
of the City' s fl eet of
vehicles.
196
ACTION:
Skip Dunlap
Mr. Clark advised that Mr.
Dunlap is constantly called
upon to serve as photographer
for numerous City activities,
and he has accomplished his
task in a spirit of friendli-
ness and helpfulness.
Mayor Taylor advised that it gave him a great deal of pleasure to
have the honor to introduce the Employee of the Year in the Public
Works Directorate. He said this employee deserves special commendation
for her actions on June 20, 1987, when she was able to keep on the
telephone, until emergency units arrived, a distraught woman who was
threatening to set afire kerosene which she had poured on her uncon-
scious husband and throughout their apartment. He advised that the
honoree is a Dispatcher I! with the Communications Department and a
four year employee with the City. Mayor Taylor announced that the 1988
Employee of the Year in the Public Works Directorate is Ms. Vicki J.
Clement s.
Mr. Trout offered the following Resolution:
(#29107) A RESOLUTION recognizing VICKI J. CLEMENTS as Employee
Of The Year in the Public Works directorate.
(For full text of Resolution, see Resolution Book No. 50, page 563.)
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .... 7.
NAYS: None--
On behalf of the Members of Council, the City Manager, and the
Director of Public Works, the Mayor presented Ms. Clm~ents with a
framed copy of the above resolution, an appropriately engraved plaque,
and a $100.00 savings bond.
ACTION:
BID OPENINGS:
BUDGET-SEWERS AND STORM DRAINS: Pursuant to notice of adver-
tisement for bids for asbestos removal at the Water Pollution Control
Plant, 1402 Bennington Street, S. E., said bids to be received by the
City Clerk until 1:30 p.m., on Monday, May 16, 1988, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE B:D
Strahle Construction Company
Construction Services of New
River Valley
D-H Asbestos Removal Company, Inc.
Betamax Eco-Systems, Inc.
LCM Corporation
HICO, Inc.
$ 23,345.00
27,148.00
29,875.00
34,600.00
35,777.00
55,913.00
Mr. Harvey moved that the bids be referred to a co~nittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
ACTION:
ACTION:
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee,
BUDGET-STADIUM: Pursuant to notice of advertisement for bids to
replace the Assembly Hail roof at the National Guard Armory, 32 Reserve
Avenue, S. W., said bids to be received by the City Clerk until
1:30 p.m., on Monday, May 16, 1988, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER BASE BID
Consolidated Industrial Roofing, Inc.
John T. Morgan Roofing & Sheet Metal
Co., Inc.
I. N. McNeil Roofing & Sheet Metal Co.,
Illc.
Valley Roofing Corporation
$22,476.00
25,429.00
27,257.00
29,340.00
Mr. Har,rey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, George C. Snead,
Jr., and William F. Clark as members of the committee.
197
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
GRANTS-PLANNING: A report of the City Manager advising that the
City of Roanoke receives an annual entitlement from the United States
Department of Housing and Urban Development (HUD), in the form of a
Community Development Block Grant (CDBG); that HUD representatives have
informed City staff to expect $1,486,000.00 in CDBG funds for the
City's fiscal year 1988-89; and two public meetings have been held to
hear recommendations of citizens on January 21, 1988 and on March 10,
1988, was before Council.
It was explained that Council will be briefed by the City Manager
on June 7, 1988, at a regularly scheduled City Council meeting, on
recommended activities for the fiscal year 198B-89 CDBG Program; that
citizen participation requirmnents call for an evening public hearing
by Council prior to submission of the CDBG Statement of Objectives;
that the City is required by HUD to publish a Draft Statement of
Objectives in the newspaper; and a summary version will appear in the
Neighbors section of The Roanoke Times & World-News on Thursday,
June 2, 1988.
The City Manager recommended that Council schedule a Community
Development Block Grant public hearing on Monday, June 13, 1988, at
7:30 p.m., in the Council Chamber.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mrs. Bowles and adopted by
the following vote:
198
ACT[ON:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ..............
O.
COUNCIL: A cmmnunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and co~ittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see co.~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ................... 7.
NAYS: None ............... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ELECTIONS: The Assistant City Manager submitted a written report
on behalf of the City Manager in connection with a request of the
Roanoke City Electoral Board regarding the temporary location of
Highland No. 2 Voting Precinct.
It was explained that Highland Park Elementary School is to be
closed during the 1988-89 school year for renovations; that Highland
No, 2 Voting Precinct has been located in Highland Park School, but
will need to be situated elsewhere during the school's closing for
renovations; that the Roanoke City Electoral Board recommended to
Council on April 11, 1988, that the Highland No. 2 Precinct be tem-
porarily relocated to the Conference Room of the Roanoke City School
Maintenance Building, 250 Reserve Avenue, S. W.; and Council tabled
consideratioP of the recommendation until after the May 10 City elec-
tion to avoid confusion and requested that consideration be given to
the use of the James Alexander (Gish) House in Highland Park for the
temporary voting precinct.
The City Manager advised that the Gish House in Highland Park is
currently leased by the City to the Old Southwest Neighborhood Founda-
tion, Inc., a non-profit neighborhood organization; that the Old South-
west Neighborhood Foundation, Inc., is agreeable to the use of the Gish
House for a temporary voting precinct while Highland Park School is
closed for renovations; and representatives of the City, including the
Registrar and Old Southwest Neighborhood Foundation, Inc., toured the
Gish House and grounds and determined that the facilities would meet
state and federal requirements for a voting precinct with minor impro-
vements.
The City Manager recommended that Council authorize a public
hearing on the temporary relocation of Highland No. 2 Precinct to the
James Alexander {Gish) House.
(For full text, see report on file in the City Clerk's Office.)
199
ACTION:
ACTION:
A c(~nmunication from Mr. Alton T. Prillaman, Secretary, Roanoke
City Electoral Board, advising that the Board has found the Gish House
to be a suitable location for voting and is in the same general area as
Highland Park School; and transmitting copy of a letter from the Presi-
dent of Old Southwest, Inc., authorizing use of the Gish House as a
temporary polling pl ace.
Mr. Prill~man advised that Section 24.1-39 of the Code of Virginia
requires that a notice of a proposed relocation of polling place be
published in a newspaper of general circulation in the City once a week
for two consecutive weeks and no such change can be made within sixty
days next preceding any election; and since the temporary relocation
requires the approval of the Attorney General, it is requested that the
matter be placed on the June 13, 1988, Council agenda for public hear-
ing and action by Council.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Harvey moved that Council concur in the recommendation of the
City Manager and that the matter be scheduled for public hearing on
Monday, June 13, 1988, at 7:30 p.m., in the Council Chamber. The
motion was seconded by Mr. Trout and unanimously adopted.
Mr. Harvey moved that the communication from the Secretary of the
Roanoke City Electoral Board be received and filed. The motion was
seconded by Mr. Garland and unanimously adopted.
HOUSING: The Assistant City Manager submitted a written report on
behalf of the City Manager advising that the provision of Affordable
Housing has been a concern of the Department of Housing and Urban
Development (HUD) for many years; that the Joint Venture for Affordable
Housing is a partnership of public and private sector groups who share
a commitment to the creation of more affordable housing and is coor-
dinated by HUD; that HUD is asking each City to adopt a resolution in
support of Affordable Housing, and that each city have at least one
Affordable Housing Project; and Affordable Housing focuses on the
following actions to reduce housing costs:
Reviewing and streamlining land use regulations to
minimize development costs.
Making use of economical, innovative materials and
methods to reduce the actual cost of construction.
Designing homes that make efficient use of the
available interior and exterior space.
It was explained that the City of Roanoke recognizes the need for
minimizing unnecessary costs of housing production, and over the years
has taken many steps toward this end, such as restructuring the Zoning
Ordinance to include Residential Planned Unit Developments and expedi-
tious plan review, etc.; that the Shadeland Relocation Project is a
recent attempt to provide Affordable Housing to its residents; that
this project is a joint venture between the City, the Roanoke Redeve-
lopment and Housing Authority, Virginia Mountain Housi:~g, Virginia
Housing Development Authority and other agencies to make fully reno-
vated, single-family, detached homes available at an affordable price;
and the City's support for the concept of Affordable Housing is evident
in Council's past action.
The City Manager recommended that Council adopt a formal resolu-
tion in support of Affordable Housing and officially designate the
Shadeland Relocation Project as an Affordable Housing Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29108) A RESOLUTION supporting the concept of Affordable
Housing and designating the Shadeland Relocation Project as an Afford-
able Housing Project.
(For full text of Resolution, see Resolution Book No. 50, page 563.)
2OO
ACTION:
ACTION:
Mr. Bowers moved the adoption of the Resolution. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............. 7.
NAYS: None ................. O.
ROANOKE ARTS COMMISSION: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that the Roanoke
Museun of Fine Arts has offered to donate a corten steel sculptural
piece by the late Mr. Paul Ostaseski entitled, "Vertical Break"; that
Mr, Ostaseski was an outstanding local sculptor whose ~)rks are on per-
manent display at many Roanoke Valley locations; and the Roanoke Arts
Co~nission has rec~nmended acceptance and installation of the sculpture
in Colonial Plaza by the City of Roanoke.
The City Manager recommended that he be authorized to accept the
offer of the Roanoke Muse~ of Fine Arts to donate a corten steel
sculptural piece by the late Paul Ostaseski entitled, "Vertical Break";
that acceptance of the offer by the City shall not be subject to any
conditions; and authorize permanent installation of the sculpture on
City-owned property in Colonial Plaza.
(For full text, see report on file in the City Clerk's Office.)
Mr. John Will Creasy, representing the Roanoke Arts Co~nission,
appeared before Council in support of Lhe recommendation.
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29109) AN ORDINANCE accepting the gift of a sculptural piece,
upon certain terms and conditions, and authorizing its installation in
Colonial Plaza.
(For full text of Ordinance, see Ordinance Book No. 50, page 575.)
The motion was seconded by Mr. Garland and adopted by the follow-
ing vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None .............
BUDGET-EQUiPMENT: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that on November 9, 1987,
Council approved a Capital ,Maintenance and Equipnent Replacement
Program; that the Program included a list of necessary office automa-
tion items which will not exceed the single item cost of $10,000.00;
and approval of Council is required for single purchases which cost
exceed $10,000.00, as stated in the Code of the City of Roanoke, 1979,
as amended, Chapter 23.1, Procurement.
It was explained that the following items will be procured through
the State Contract System or through competition request for quotations
by the General Services Department, and Council appropriations are
requested to provide for the purchase of all of said items,
Emergency Services
Crisis Intervention
Social Services
Management & Budget
Planning
Hardware and Software $10,000.00
For Emergency Services
Information System
Personal Computer and Software 2,914.00
Personal Computer and Software 3,468.00
Personal Computer and Software 3,468.00
Personal Computer and Software 3,500.00
Total $23,350.00
201
II
ACTION:
ACTION:
ACTION:
The City Manager recommended that Council appropriate $23,350,00
frown the Capital Maintenance and Equipment Replacement Program to spe-
cific accounts, as follows:
Emergency Services 001-050-3520-9015
Crisis Intervention 001-054-3360-9015
Social Services 001-054-5311-9015
Management & Budget 001-002-1212-9015
Planning 001-052-8110-9015
$10,000.00
2,914.00
3,468.00
3,468.00
3,500.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29110) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 564.)
Mr. Musser moved the adoption of the Ordinance. ll~e motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........... 7.
NAYS: None ........
BUDGET-EQUIPMENT-PUBLIC WORKS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager concurring in a
report of a bid committee with reference to bids for one new four-wheel
drive motor grader and one new three to five roller,
The bid committee recm~nended that Council accept the bid of A. E.
Finley and Associates, in the amount of $4/,709.41, for one new four-
wheel drive motor grader; accept the bid of A. E. Finley and Asso-
ciates, in the amount of $14,837.75, for one new three to five ton
roller; reject all other bids received; and appropriate $62,547.16 from
the Capital Maintenance and Equipment Replacement Program to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29111) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, pa§e 565.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the followin§ vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: None .....
Mrs. Bowles offered the following emergency Ordinance:
(#29112) AN ORDINANCE accepting bids for one new four-wheel drive
motor §fader and one new three to five ton roller; rejecting other
bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No, 50, page 565.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
202
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ....................... 7,
NAYS: None ............... O.
BUDGET-EQU[P,~IENT-PUBLIC WORKS-PARKS AND PLAYGROUNDS: The Assi-
stant City Manager submitted a written report on behalf of the City
Manager concurring in a report of a bid co~m~itLee with reference to
bids for a tractor/right-of-way mower combination.
The bid committee recommended that Council accept the bid of
Mountcastle Ford Tractor Sales for one used tractor/mower combination
with spare wheels, tires and performance bonds, for a total amount of
$28,375.18; and appropriate $28,375.18 from the Capital Maintenance and
Equipnent Replacement Program to Grounds Maintenance, Account No. 001-
050-4340-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29113) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 566.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor .............................................. 7.
NAYS: ,None ......... O.
Mr. Garland offered the following emergency Ordinance:
(#29114) AN ORDINANCE providing for the purchase of one used
tractor/mower combination with spare wheels and tires, upon certain
terms and conditions, by accepting a bid made to the City for fur-
nishing anJ delivering such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 567.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...... 7.
NAYS: None ..................................................... O.
BUDGET-EQUIPMENT-PUBLIC WORKS: The Assistant City Manager submit-
ted a written report on behalf of the City Manager concurring in a
report of a bid committee with reference to two-way radios.
The bid con~nittee recommended that Council accept the bid of
Motorola C & E, Inc., to provide the City with necessary two-way
radios, for the total amount of $62,949.58; and appropriate $62,g49.58
from the Capital Maintenance and Equipment Replacement Program to
Communications, Account No. 001-052-4130-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following energency budget Ordinance:
(#29115) AN ORDINAHCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 567.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
ACT[ON:
ACT[ON:
ACT[ON:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... - ............. 7.
NAYS: None ...................
Mr. Bowers offered the following energency Ordinance:
(#29116) AN ORDINANCE accepting the bid of Motorola C & E, [nc.
made to the City for furnishing and delivering two-way radios;
rejecting all other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 568.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None. O.
BUDGET-EQUIPMENT-PUBLIC WORKS: The Assistant City Manager sub-
mitLed a written report on behalf of the City Manager concurring in a
report of a bid committee with reference to bids for Street Department
utility vehicles.
The bid committee recommended that Council accept the bid of
Shelor Chevrolet, in the total amount of $26,415.78, and reject all
other bids; and appropriate $26,415.78 from the Capital Maintenance and
Equipment Replacement Program to Street Maintenance Department, Account
No. 001-052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29117) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 569.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......... .6.
NAYS: None. . ....................... O.
(Council Member' Bowers abstained from voting.)
Mr. Harvey offered the following emergency Ordinance:
(#29118) AN ORDINANCE providing for the purchase of two (2) new
utility type vehicles for use by the City, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; rejecting the other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 569.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .................................. 6.
NAYS: None .....
203
(Council Member Bowers abstained from voting.)
204
ACTION:
ACTION:
ACTION:
BUDGET-EQUIPMENT-PUBLIC WORKS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager concurring in a
report of a bid cmnmittee with reference to purchase of new trucks and
related equipment.
The bid co~rmittee recommended that Council accept the bid of
Johnson Internationa] Trucks, Inc., in the amount of $122,081.07, for
three new crew cab/chassis; accept the bid of Truck Body Corporation,
in the amount of $19,446.33, for three dunp bodies; reject all other
bids received; and appropriate $141,527.40 from the Capital Mainten-
ance and Equipment Replacenent Program to Street Maintenance Depart-
ment, Account No. 001-052-4110-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29119) AN ORDINANCE to amend and reordain certain sections of
Lhe 1987-88 General Fund Appropriations, and providing for an
emergency,
(For full text of Ordinance, see Ordinance Book No. 50, page 570.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None ......... O.
Mrs. Bowles offered the following emergency Ordinance:
(#29120) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 571.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers an~ Mayor Taylor ...... 7.
NAYS: None ...... O.
BUDGET-EQUIPMENT-PUBLIC WORKS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager concurring in a
report of a bid coh3nittee with reference to purchase of new trucks and
re1 ated equi pnent.
The bid ca~mittee recommended that Council accept the bid of
Johnson International Trucks, [nc., in the amount of $59,683.04 for one
new cab/chassis for heavy duty dump truck; acce.ot the bid of Cavalier
Equipment Corporation, in the amount of $7,831.29, for one 15-ton dump
body with towing hitch to be mounted on the heavy duty dunp truck;
accept the bid of Johnson International Trucks, Inc., in the amount of
$56,825.94, for two new cab/chassis for light duty danp trucks; reject
all other bids; and appropriate $124,340.27 from the Capital Mainten-
ance and Equipment Replacement Program to Street Maintenance, Account
No. 001-052-4110-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29121)
the 1987-88
emergency,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 571.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
205
il
ACTION:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ............. 7.
NAYS: None ...................... O.
Mr. Garland offered the following emergency Ordinance:
(#29122) AN ORDINANCE accepting bids for new trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 572.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bow]es, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ......... 7.
NAYS: None .... O.
ACTION:
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a con~ntttee appointed by the Mayor to tabulate bids
received for replacement of athletic field lighting at Breckinridge
Park, presented a written report on behalf of the committee, recom-
mending that Council reject the one bid received on the basis of non-
compliance with requirements of the contract docunent; and authorize
the City Manager to immediately readvertise for bids,
The Assistant City Manager submitted a written report on behalf of
the City Manager recommending that Council concur in the recommendation
of the Bid Committee°
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29123) A RESOLUTION rejecting all bids for replacement of ath-
letic field lighting at Breckinridge Park.
(For full text of Resolution, see Resolution Book No. 50, page 573.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ...................................... 7.
NAYS: None ..................................................... O.
BUDGET-INDUSTRIES: Council Member Robert A. Garland, Chairman of
a comappointed by the Mayor to tabulate bids received for construction
of Chip Drive, N. E., in the Roanoke Centre for Industry and Techno-
logy, presented a written report on behalf of the con~nittee, transmit-
ting the following recommendations:
Award a contract to E. C. Pace Company, Inc., in
the amount of $331,573.50, and establish a conting-
ency, in the amount of $15,000.00, for a total not
to exceed $346,573.50.
Appropriate $44,666.00 from Capital Improvement
Reserve (Account No. 008-052-9575-9178) to an
account to be designated by the Director of
Finance.
Transfer $4,875.00 from Unidentified Construction
in the Sewage Fund (Account No. 003-056-3170-8085)
and $5,550.00 from Construction for New Services,
Hydrants, Lines (fiscal year 1988) (Account No.
002-056-8311-9060) to an account to be designated
by the Director of Finance.
206
ACTION:
ACTION:
Establish a receivable account, in the amount of
$291,482.50, from sale of land to Vitramon, Inc.,
and from cost of bid items agreed to by Vitramon,
[nC,
Reject the other bids received.
The Assistant City Menager submitted a written report on behalf of
the City Manager recemmendin§ that Council concur in the reco)mnenda-
tions of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29124) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water, Sewage and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 573.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor- 7.
NAYS: None .....................
Mr. Garland offered the following energency Ordinance:
(#29125) AN ORDINANCE accepting the bid of E. C. Pace Company,
Inc., for construction of Chip Drive, N. E., and related improvements,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract
for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 574.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout,
Bowers and Mayor Taylor ........................... 7.
NAYS: None ............................
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:10 p.m., the l~yor declared the meeting in recess.
At 3:50 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding and all Members of the Council in attendance.
COMMITTEES-MISCELLANEOUS: A co~m~unication from Mr. Lee Garrett,
Chairman, Roanoke County Board of Supervisors, advising that in order
to expand upon areas of cooperation between the five Roanoke Valley
governments, he has been authorized, by unanimous vote of the Roanoke
County Board of Supervisors, to invite Council to consider appointment
of participants to a special joint study commission, was before the
body.
207
ACTION:
It was explained that the co[~nission, comprised of two elected
representatives from tl)e Cities of Roanoke and Salem, the Counties of
Botetourt and Roanoke, and the Town of Vinton would meet in order to
beg~n to survey potential cooperative cost saving policies and prac-
tices.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harvey placed in nomination the names of W. Robert Herbert,
City Manager, and Joel M. Schlanger, Director of Finance.
There being no further nominations, Messrs. Herbert and Schlanger
were elected as City of Roanoke representatives to the Joint Study
Con~i ssi on by the following vote:
FOR MESSRS. HERBERT AND SCHLANGER: Council Members Bo~les,
Garland, Harvey, Musser, Trout, Bowers and Mayor Taylor .............. 7.
There being no further business, the Mayor declared the meeting
adjourned at 3:55 p.m,
APPROVED
ATTEST:
City C] erk
Mayor
2O8
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 23, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on N~nday, May 23, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Robert A. Garland, James G. Harvey, [[,
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor .......... --7.
ABSENT: None-
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-YOUTH: The following students par-
ticipated in the 1988 observance of Student Government Day:
John Abbott
Tami Anderson
Wendell Ball
Andreas Barnett
Tracey Beckner
L1 oyd Bratton
Percy Covington
Joanna Dasse
Gordon Dixon, Jr.
Kelly English, Jr.
Gracie Gill
Mi ke Goad
Bill Hamil 1
Kenny Harris
Jean Havens
Michael Holland
Ni kki Hyl er
Scott Jenkins
Danielle Jones
Natasha G. Jones
E1 sa Kuo
David Lyle
Tommy Mal 1 i s
Rhonda Marshal 1
Priscilla Nelms
Pete Orr
Tony Padgett
Amy Patterson
Dean Ramsey
Kathy Scott
Nicol e Sims
Oenni fer Smith
Gre9 Spangler
Sandra Stanley
Chip Thomas
Chi p Trout
Heather Turner
Sam Vance
David Ware, Jr.
Roy Webb
Robyn Whittaker
Lynn Yopp
The Mayor announced that Student Government Day is sponsored by
the City's Office on Youth, the Youth Services Citizen Board and the
Youth Advisory Committee.
The Mayor advised that he would like to recognize a very important
student who is a Senior at William Fleming High School, a member of the
Red Cross Clown Corp., and a member of the Youth Advisory Committee
since 1984, having missed only two meetings of the committee. He said
in her role as a member of the committee, she has helped to make scare-
crows and paint faces at the Festival-in-the-Park, she is a co-leader
of last years' Student Government Day, she is a Youth Forth leader this
year, and she was active in the preparation of the Christmas meeting of
the Youth Advisory Committee of the Youth Services Citizen Board. He
added that she serves on the Panel on Teenage Sexuality, she was
involved in the Teen Center Study. She helped with distribution of the
youth, employment packages, she is a member of Fellowship Baptist
Church, and she is a conscientious and good s~udent.
209
The Mayor advised that on behalf of the City of Roanoke, it was
his pleasure and honor to present a "Key to the City" to Ms. Amy
Cooper, the daughter of Charles and Mary Bolling Cooper. He pointed
out that the "Key to the City" is given only to an individual who has
performed an outstanding service.
The Mayor presented Mr. Gordon Dixon, a member of the Youth
Advisory Committee, with a Virginia Cup with the Roanoke City Seal
affixed thereto, as a token of appreciation for his contribution to the
work of the Committee. He said Mr. Dixon took part in Student
Government Day planning activities, Festival-in-the-Park, the Teenage
Sexuality Panel, and, in addition, he has volunteered in n~erous ways
in leadership positions.
Mayor Taylor welcomed all of the students who were participating
in Student Government Day.
BID OPENINGS:
m
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for air conditioning and related work at Mountain View Recreation
Center, 714 Thirteenth Street, S. W., said bids to be received by the
City Clerk until 1:30 p.m., on Monday, May 23, 1988, and to be held,
opened and read before the Council at 2:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Johnston-Vest Electric Corporation
Weddle Plumbing & Heating Company
$10,896.00
19,414.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and George C. Snead, Jr., as members of the committee.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the 14embers of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a matter regarding acquisi-
ti~,n of re~l property for public purpose, and a personnel matter.
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 11, 1988, and Monday, APril 18, 1988, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .......................... 7.
NAYS: None- O.
210
ACTXON:
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Off~ce.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor- 7.
NAYS: None .......... O.
COUNCIL: A communcation from Mayor Noel C. Taylor requesting an
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or- 7.
NAYS: None-- O.
ELECTIONS: A communication from Mr. Alton B. Prillaman,
Secretary, Roanoke City Electoral Board, transmittin9 copy of the
abstracts of votes cast in the General Election held on May 10, 1988,
in the City of Roanoke, for Mayor and three Members of City Council,
was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the General election held on May 10,
1988,
FOR MAYOR
Names of Candidates
Total Votes
Received
(In Figures)
Noel'C. Taylor ~ 9,441
LaVerne Dillon 4
James Harvey I
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election on
May 10, 1988, do hereby certify that the above is a
true and correct Abstract of Votes cast at said
election and do therefore determine and declare
that the following received the greatest ntmber of
votes cast in said election:
Noel C. Taylor
for the office of Mayor.
Given under our hands this twelfth day of May,
1988.
il
ACT[ON:
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/A!ton B. Prillaman, Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the General election held on May 10,
1988,
FOR MEMBER, CITY COUNCIL
Names of Candidates
Total Votes
Recei v ed
(In Figures)
Elizabeth T. Bowles
David A. Bowers
Beverly T. Fitzpatrick, Jr.
James G. "Jimmy" Harvey, [!
LaVerne Dillon
Clyde H. Edwards
J. Richard Johnson
Rash W. Miller
Marvin W. Mitchell
7,134
7,440
8,813
7,110
1
1
1
1
1
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited with the
Clerk of the Circuit Court of the election on
May 10, 1988, do hereby certify that the above is a
true and correct Abstract~of Votes cast at said
election and do therefore determine and declare
that the following received the greatest number of
votes cast in said election:
Beverly T. Fitzpatrick, Jr.
David A. Bowers
Elizabeth T. Bowles
for the office of Member, City Council.
Given under our hands this twelfth day of May,
1988.
S/Melba C. Pirkey, Chairman
S/Charles T. Green, Vice Chairman
S/Alton B. Prillaman, Secretary
A copy teste:
[SEAL]
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and Abstracts of Votes on file in the
City Clerk's Office.)
Mr. Trout moved that the con~unication and Abstracts of Votes be
received and filed. The motion was seconded by Mrs. Bowles and adopted
by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or .......... 7.
NAYS: None .................. O.
212
ACT !ON:
ACTION:
HUMAN RESOURCES: A report of qualification of Elizabeth H. Fetter
as a member of the Advisory Board of Human Resources for a term ending
November 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or ........... 7.
NAYS: None .......... O.
YOUTH: A report of qualification of Anneke N. Samuel as a member
of the Youth Services Citizen Board for a term of three years ending
May 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owi n9 vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or .......... 7.
NAYS: None ............
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND PLAYGROUNDS-COMPLAINTS: A report of Messrs. Melvin C.
Anderson, Iii, and Dennis L. Chapman to address Council with regard to
a placement of a fence around Norwich Park on Roanoke AvenJe, S. W.,
was before the body,
(For full text, see communication on file in the City Clerk's Office.)
The Mayor advised that prior to the Council meeting, Mr. Anderson
telephoned the City Clerk's Office to request that he be permitted to
address Council at the end of the meeting; whereupon, the Mayor advised
that Council would entertain Mr. Anderson's remarks under the Other
Hearings of Citizens category of the agenda.
When Council considered the Other Hearings of Citizens category,
Mr. Anderson had not arrived at the meeting; whereupon, the City
Manager advised that in Norwich Park and in Was,ha Park, a four foot
tall chain link fence without a top rail, with the sharp ends extending
in a vertical direction, was removed. He said an analysis of the
Recreation Department's operating budget was made to determine whether
the two fences could be replaced out of operating funds from the
current fiscal year, and it now appears that the item will be under bid
before the end of the fiscal year. He advised that if bids are
received in excess of $10,000.00, the item will be submitted to Council
for approval, and if the bids are under $10,000.00, funds will be
transferred within operating accounts.
The City Manager was requested Lo apprise Mr. Anderson and Mr.
Chapman of the ahoy,stated information.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
213
ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report with regard to the ADC Foster Care Program, within the budget
for the Social Services Department, which provides costs of maintenance
for children in custody of the local Department of Social Services.
Mr. Herbert advised that costs of the program are determined in rela-
tion to the legal requirements for providing for necessary care for
achievement of a permanent home for each child in care; and ADC Foster
Care maintenance funds are one hundred per cent reimbursed by the State
Department of Social Services.
It was explained that ADC Foster Care maintenance funds for the
1987-88 fiscal year were underestimated by the local department because
of changes which occurred after the budget was completed; that the
number of children coming into care has increased by 25 since July,
1987; that cost of all care has increased; and $42,500.00 additional
funds are needed for maintenance of children in custody of the local
department.
The City Manager recommended that Council transfer $42,500.00 from
the following existing accounts to ADC Foster Care, to provide for the
cost of care of children in custody of the local department:
$28,000.00 from Aid to Dependent Children, #001-
054-5313-3105, to ADC Foster Care, #001-054-5314-
3115.
$14,500.00 from lndo-Chinese Program, #001-054-
5313-3150, to ADC Foster Care, #001-054-5314-3115.
$28,000.00 from Aid to Dependent Children Revenue,
#001-020-1234-0671, to ADC Foster Care, #001-020-
1234-0672; $14,500.00 from Indo-Chinese Revenue,
#001-020-1234-0679, to ADC Foster Care, #001-020-
1234-0672.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29126)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 575.)
Mr. Garland moved the adoption of the Ordinance. lhe motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor .............................................. ?.
NAYS: None ..................................................... O.
WATER DEPARTMENT: The City Manager submitted a written report
concur, ring in a report of a bid committee with reference to concessions
at Carvins Cove.
The Bid Committee recommended that Council accept the bid of D & B
Outfitters to operate the concessions at Carvins Cove, for the period
of June 1, 1988 to April 30, 1989, for the sum of $500.00
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29127) AN ORDINANCE accepting a bid for concession privileges
at Carvins Cove, upon certain terms and conditions; and authorizing
execution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book No. 50, page 584.)
214
ACT[ON:
ACT[ON:
ACTION:
The motion was seconded by Mr. Harvey and adopted by the following
vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ............... 7.
NAYS: None ..................................................... O.
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanok~ for the month of April, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report transmitting copy of a report from the Assistant City
Manager with reference to the final report on personnel lapse funds.
The Assistant City Manager advised that personnel lapse is a com-
bination of residual lapse of the past three quarters, including
beginning balance, less transfers, and recommended the following:
General Fund Balance
Recommended Lapse Adjustment
$ 275,000.00
-275,000.00
Amount to be Realized
Internal Service Balance
Recommended Lapse Adjustment
- 0
$ 50,000.00
-50,000.00
Amount to be Realized
$ - 0 -
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29128) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 576.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or ........... 7.
NAYS: None .............
O.
BUDGET-GRANTS-PLANNING: The Director of Finance submitted a writ-
ten report with regard to the closeout of Con~nunity Development Block
Grant Years B-84-MC-51-O020 and B-85-MC51-O020, advising that the CDBG
program is accounted for on the City's financial records by program
year; and four program years are currently appropriated.
It was recm~mended that the two earliest Corrmunity Development
Block Grant year (B-84-MC-51-O020 and B-85-MC51-O020) be closed by
reprogramming the unspent funds in those program years to the next sub-
sequent program year (B-86-MC-51-O020); that the funds being reprogram-
reed will be used for the same activities for which they are currently
appropriated; that reprogramming the funds allows the City to maintain
a maximum of three program years on its records at any given time; and
HUD allows localities to determine the nt[nber of CDBG program years to
retain on a local ity's records.
215
ACTION:
Mr. Schlanger advised that the amount of unspent funds being
reprogrammed is as follows:
Program Year Amount
B-84-MC-51-O020 (FY84-85)
B-85-MC-51-O020 (FY85-86)
$150,272.00
37,665.00
$187,937.00
The Director of Finance recommended the following:
Close Comnunity Development Block Grant years B-84-
MC-51-0020 and B-85-MC-51-O020.
Transfer unspent funds of $187,937.00 to Community
Development Block Grant B-86-MC-51-O020 as shown on
an accompanying budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29129) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 5U, page 578.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .............................. 7.
NAYS: None ..............
PENSIONS: The Director of Finance submitted a written report
advising that the City of Roanoke Pension Plan is a qualified retire-
ment plan with the Internal Revenue Code Section 401; that the qualifi-
cation is required to maintain a tax-free status of Pension Plan funds;
and after revising the Employees' Retirement System (ERS) and creating
the Employees' Supplemental Retirement System (ESRS), the City
requested a favorable determination from the Internal Revenue Service
to remain a qual i fled retirement pl an.
It was explained that the City received correspondence from the
Internal Revenue Service that once a proposed ordinance is adopted, the
necessary changes to the City Code would once again allow qualification
of the City's plan under I.R,S. Code Section 401. It was noted that
the proposed ordinance in no way affects the calculation of pension
benefits in ERS or ESRS, but is a required section on maximum annual
benefits required by I.R.S.
The Director of Finance recommended adoption of an ordinance in
order to qualify the City's Pension Plan under the Internal Revenue
Code Section 401.
Mr. Bowers offered the following emergency Ordinance:
(#29130) AN ORDINANCE amending and reordaining §22.1-44, Normal
service retirement, Code of the City of Roanoke (1979), as amended, by
the addition of a new subsection (el, and amending and reordaining
§22.1-62, Retirement and service retirement allowance generally, by the
addition of a new subsection (d); the subsections defining the maximum
annual retirement benefit available under Employees' Supplemental
Retirement System and under Employees' Retirement System, respectively,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 579.)
216
ACT[ON:
ACT[ON:
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowles and Mayor Taylor .................. 7.
NAYS: None ...... O.
PENSIONS: The Director of Finance submitted a written report
advising that the Employees' Supplemental Retirement System (ESRS)
designates that a member, age 55 or over cannot apply for non-occupa-
tional or occupational disability; and the Employees' Retirement System
(ERS) designates that a member age 65 or over can apply for non-
occupational or occupational disability.
It was explained that Section 22.1-9, of the Code of the City of
Roanoke, 1979, as amended, addresses workers' compensation benefits
offset against disability or death benefits; and currently the Code
does not specifically address the situation of an ~nployee applying for
and being awarded workers' compensation from the City of Roanoke and
then applying for normal service retirement from the City Pension Plan.
It was further explained that the workers' compensation offset
should apply against any benefit eligibility because Federal regula-
tions now require that mandatory retirement age is no longer allowed,
except for police officers and firefighters.
The Director of Finance recommended that Council amend Section
22.1-9 of the Code of the City of Roanoke, 1979, as amended, to reflect
workers' compensation benefits be offset against any benefit eligibi-
lity from the City Pension Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29131) AN ORDINANCE to amend and reordain §22.1-9, Workers'
.Compensation benefits offset against disability or death benefits, Code
of the City of Roanoke (1979), as amended, to provide that any Workers'
Compensation benefits payable to a member or beneficiary shall be off-
set against any benefits payable under the City of Roanoke Pension
Plan; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 583.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Tayl or .............................................. 7.
NAYS: None ..................................................... O.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ROANOKE ARTS COMMISSION: Ordinance No. 29109 accepting the offer
of the Roanoke Muse~n of Fine Arts to donate a corten steel sculptural
piece by the late Paul Ostaseski entitled, "Vertical Break", upon cer-
tain terms and conditions, and authorizing its installation in Colonlal
Plaza, having previously been before the Council for its first reading
on Monday, May 16, 1988, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#29109) AN ORDINANCE accepting the gift of a sculptural piece,
upon certain terms and conditions, and authorizing its installation in
Colonial Plaza.
(For full text of Ordinance, see Ordinance Book No. 50, page 575.)
217
ACTION:
ACT[OH:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Garland, Harvey, Musser, Trout, Bowers,
Bowl es and Mayor Taylor- -7.
NAYS: None ..................
MOTIONS AND MISCELLANEOUS BUSINESS:
iNQUIRiES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF C[TtZENS:
REFUSE COLLECTION: Ms. Donna Wood, 3876 Spencer Road, S. E.,
Roanoke County, Vice-President of the Mount Pleasant Civic League,
appeared before Council in reference to the proposed landfill site in
the Mount Pleasant area. She said she was requested by the newly orga-
nized Mount Pleasant Civic League to present a petition to Council,
which has also been presented to the Roanoke County Board of Super-
visors, containing 1,375 signatures of citizens in opposition to the
landfill site in Mount Pleasant, known as Site No. 35. She pointed out
that several hundred of the signatures were obtained from Roanoke City
citizens.
Ms. Wood advised that the southeast section of the City has been
somewhat put upon --- with the Sewage Treatment Plant since 1950 and
the current landfill which has existed since 1976. She said it is time
for the southeast county area to be allowed to develop commercially,
residentially and naturally, and residents do not want another landfil!
in their area.
Mr. Trout moved that the petition be referred Lo the Roanoke
Valle~ Regional Solid Waste M~na~.~unC
by Mr. Bowers and unanimously adopted,
At 2:45 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Harvey who left the meeting during
the Executive Session.
YOUTH: The Mayor advised that the three year terms of Ulas N.
Broady, S. Elaina Lorttts, Carol B. Marchal, Katherine M. McCain,
David J. Prestipino, Harry P. Surratt, Jr., and Larry G. Martin, as
members of the Youth Services Citizen Board will expire on May 31,
1988; that Mr. Surratt is no longer a City resident and Mr. Martin no
longer represents the Juvenile Justice System, therefore, they are ine-
ligible for reappointment; whereupon, the Mayor opened the moor for
nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Ulas N. Broady,
Carol B, Marchal, Katherine M. McCain and David J. Presti pi no.
There being no further nominations, Mr. Broady, Ms. Marchal, Ms.
McCain and Mr. Prestipino were reelected as members of the Youth
Services Citizen Board, for terms of three years each ending May 31,
1991, by the following vote:
FOR MR. BROADY, MS. MARCHAL, MS. MCCAIN AND MR. PRESTIP[NO:
Council Members Garland, Musser, Trout, Bowers, Bowles and Mayor
Tayl o r-- 6.
(Council Member Harvey was absent.)
ROANOKE ARTS COMMISSION: The Mayor advised that there is a
vacancy on the Roanoke Arts Commission created by the resignation of
Lee W. Winborne, for a term ending May 31, 1990, and called for nomina-
tions to fill the vacancj'.
Mr. Musser placed in nomination the name of Ernest M. Johnson.
There being no further nominations, Mr. Johnson was elected as a
member of the Roanoke Arts Commission to fill the unexpired term of
Lee W. Winborne, ending May 31, 1990, by the following vote:
ACTION: FOR MR. JOHNSON: Council Members Garland, Musser, Trout, Bowers,
Bowl es and Mayor Taylor ........................ 6.
(Council Member Harvey was absent.)
ACTION: Mr. Musser moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Bowers and adopted.
There being no further business, the Mayor declared the meeting
adjourned at 4:50 p.m.
City C1 erk
APPROVED
Mayor
219
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 6, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 6, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
-('1979), as amended.
PRESENT: Council Members James G. Harvey, ii, Howard E. Musser,
James O. Trout, David A. Bowers, Elizabeth T. Bowles, Robert A. Garland and
Mayor Noel C. Taylor .... - ...... 7.
ABSENT: None .........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B, Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles W. Easley,
Jr., Pastor, St. Mark Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of ~nerica
was led by Mayor Taylor.
PUBLIC ASSISTANCE-ACTS OF ACKNOWLEDGEMENT: The Mayor expressed
appreciation to Mr. James D. Ritchie, Director, Human Resources, for
the outstanding service of his department which resulted in the City of
Roanoke receiving an award from the Board of Mental Health Services of
the Roanoke Valley on May 12, 1988, for dedication, unselfishness and
caring for mentally ill citizens of the Roanoke Valley.
ACTION:
ACTION:
BID OPENINGS:
PUBLIC WORKS: Pursuant to notice of advertisement for bids for a
radiant heat system for the garage at the Public Works Service Center,
1802 Courtland Road, N. E., said bids to be receiveo by the City Clerk
until 1:30 p.m., on Monday, June 6, 1988, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon there-
after as the matter may be heard, the Mayor asked if anyone had any
questions about the advertisement for bids, and no representative pre-
sent raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
Joe A. Prillaman Heating and
Air Conditioning, Inc.
Varney Electric Company
$45,090.00
49,850.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon~nendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
220
ACTION:
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids for renovations to the Grandin Court Recreation Center, said bids
to be received by the City Clerk until 1:30 p.m., on Monday, June 6,
1988, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Construction Services of Roanoke, Inc.
Breakell, Inc.
Building Specialists, [nc.
Gardner-Smith, Inc,
$48,950.00
51,700.00
55,700.00
60,800.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon)~endation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and George C. Snead, Jr., as mmnbers of the committee.
PARKS AND PLAYGROUNDS: Pursuant to notice of advertisement for
bids to replace athletic field lighting at Breckinridge Park, said bids
to be received by the City Clerk until 1:30 p.m., on Monday, June 6,
1988, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
New River Electrical Corporation
Shively Electrical Company, Inc.
Breakell, Inc.
$59,758.00
76,500,00
87,122.00
Mr. Harvey moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr, Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and George C. Snead, Jr., as members of tile committee.
STREETS AND ALLEYS: Pursuant to notice of advertisement for bids
for bituminous concrete overlays and pavement profiling of various
streets within the City, said bids to be received by the City Clerk
until 1:30 p.m., on Monday, June 6, 1988, and to be held, opened and
read before the Council at 2:00 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER BASE BID TOTAL ALTERNATE
Virginia Asphalt
Paving Co., Inc. $ 989,868.15 $46,750.00
Adams Construction
Company 992, g91.35 44,000.00
S. R. Draper Paving
Co., Inc. 1,011,370.50 44,000.00
L. H. Sawyer Paving
Co., Inc. 1,158,063.45 82,500.00
221
ACTION:
ACTION:
Mr. Harvey moved that the bids be referred to a committee Lo be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACTION:
ACT[ON:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; acquisition of real property for public purpose;
disposition of real property; and acquistion of real property.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and co,~nittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............... 7.
NAYS: None ....... .0.
COUNCIL: A report of the City Manager requesting a,I Executive
Session to discuss a matter regarding acquisition of real property for
public purpose, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
acquisition of real property for public purpose, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garl and and Mayor Taylor- 7.
NAYS: None ..... O.
PENDING LIST: A list of items pending from July 10, 1978, through
May 23, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None- O.
222
ACTION:
ACTION:
ACTION:
ACTION:
SCHOOLS: A report of qualification of Velma B. Seif as a Trustee
of the Roanoke City School Board for a term of three years commencing
July 1, 1988, and ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1Dwi ng vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor- 7.
NAYS: None- O.
YOUTH: A report of qualification of Ulas N. Broady as a member of
the Youth Services Citizen Board for a term of three years ending
May 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fo1 1 owi ng vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............... 7.
NAYS: None-- - ........... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the disposition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Hr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the disposition of real property for public purpose, pursuant to
Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............ 7.
NAYS: None- O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garl and and Mayor Tayl or- 7.
NAYS: None .......... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
223
m
ACTION:
ACTION:
HOUSING: A communication from Mr. Alton L. Knighton, Jr,,
Attorney, representing the City of Roanoke Redevelopment and Housing
Authority, requesting approval of a plan to assist United Dominion
Realty Trust, Inc., in financing the acquisition and rehabilitation of
a 216 unit multi-family residential rental project known as Spanish
Trace Aparbnents, located at 4305 Old Spanish Trail, and fronting on
the northerly side of Shenandoah Avenue, N. W., in the City of Roanoke,
by issuance of revenue bonds, in an amount not to exceed $3,000,000.00,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29132) A RESOLUTION approving the issuance of bonds of the City
of Roanoke Redevelopment and Housing Authority for the benefit of
United Dominion Realty Trust, [nc., to the extent required by Section
147(f) of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 50, page 584.)
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ...............................
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $291,646.00 for the Chapter i
Summer Program, to provide reading, language arts, and mathematics
instruction for students in targeted schools, said program being 100
per cent reimbursed by Federal funds, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that the request
be 9ranted, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29133) AN ORDINANCE to amend and reordatn certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 585.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor. -7.
NAYS: None ..............................
O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-GRANTS-PLANNING: The City Manager submitted a written
report advising that the Conmnunity Development Block Grant (CDBG) was
created in 1974 to replace the old Housing and Urban Development (HUD)
urban renewal and categorical grant programs which were popular during
the late 1960's and early 1970's; and since 1974, the City of Roanoke
has received approximately $28 million in CDBG funds which have been
used on numerous projects in housing, economic developnent, community
services, and public improvements.
224
[t was explained that Roanoke's CDBG entitlement will be
$1,486,000.00 for the fiscal year beginning July 1, 1988; that citizen
hearings and workshops were held on January 21, 1988, and on March 10,
1988, in order Lo obtain citizen recommendations and to identify
revitalization needs for the coming year; that results of the public
hearing were that citizens are generally satisfied with programs which
have been successful in the past and which address the needs for
housing and neighborhood improvement; and the 1988-89 Statement of
Objectives and budget proposal, therefore, places heavy emphasis on
housing programs and neighborhood revitalization, as in previous years.
The City Manager advised that the proposed budget is based upon
the receipt of $2,154,083.00 from two major revenue sources, with a
CDBG entitlement of $1,486,000.00 and estimated program income of
$668,083.00; that these funds are expected to leverage $1,400,400.00 in
private funds, and be added to $127,398.00 remaining from previous pro-
jects, ;'or a total available of $3,681,881.00.
The following are brief descriptions of the program and budget
recommendations for fiscal year 1988-89; and details surrounding the
four major categories are contained in the draft Statement of
Objectives and Proposed Use of Funds attached to the report.
Housing Revitalization will total
$2,220,630.00 from all funding sources. This
includes $51/,192.00 in new CDBG funds,
$242,000.00 in program income generated from
past CDBG investments, $81,438.00 in funds
carried over from previous years, and
$1,380,000.00 expected to be leveraged from
private investments and other state and
federal funding sources.
e
Economic Development will total $990,617.00
from all funding sources. Of this amount,
$714,995.00 is to repay prior con~itments on
loans from HUD. Of the $990,61/.00, a total
of $517,192.00 wil] be in new CDBG funds, and
$426,083.00 will come from program income.
Public Services expenditures wi 11 total
$72,762.00, consisting of $69,762.00 in new
funds and $3,000.00 in private contributions.
This category includes a new program for CDGB,
the Emergency Assistance Fund, to be admi-
ni stered by the City' s Social Services
Department. The City has annually budgeted
$20,000.00 in the past to cover emergencies of
low incmne people, such as getting utilities
turned back on in the winter or providing
diapers or formula in the middle of the night.
The resources of this fund have not been suf-
ficient in recent years to address all the
need, so the fund is being expanded with CDBG
funds.
Administration and Planning activities will
cost a total of $387,347.00. Of this,
$45,960.00 are unspent funds from previous
years, and $17,400.00 are from private contri-
butions -- specifically the match for the Main
Street Coordinator Program for the Williamson
Road area. This category consists of nine
activities for general administration, over-
sight, planning and marketing programs.
In conclusion, the City Manager advised that the proposed CDBG
budget and program is a balanced one; and it provides for housing
improvement, business development, the creation of new job oppor-
tunities, h~nan development, the strengthening of neighborhood organi-
zations and adequate administrative oversight for the entire program;
that it will allow the City to build upon the successes of the past,
meet some urgent critical needs and do so without the addition of
costly new programs. He pointed out that the CDBG program is submitted
ACTION:
ACTION:
for Council's review; that on June 13, 1988, Council has scheduled a
public hearing to receive citizen comments; and, at that time, Council
will be requested to authorize the City Manager to submit the 1988-89
Statement of Objectives to the Richmond Office of the Department of
Housing and Urban Development for review and approval.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Harvey and unanimously adopted.
The
PUBLIC ASSISTANCE: The City Manager submitted a written report
transmitting a report of the Follow-Up Task Force on Homelessness.
It was explained that Mayor Noel C. Taylor identified the plight
of the City's homeless as a major area of concern in his 1986 State of
the City address; that the City Manager appointed a Task Force on Home-
lessness to study the issue; that the Task Force presented its recom-
mendations and findings in a comprehensive report entitled, "No Place
To Call Home: A Study of Housing and Homelessness in Roanoke,
Virginia" in April, 1987; that the report was referred to the City
Manager for follow-up; and the Follow-Up Task Force on the Homeless was
established by the City Manager to evaluate how well the report's
recommendations were implemented, to recommend new activities based on
future findings, and to assist the City Administration with matters
related to homelessness.
It was further explained that one year has passed since the
release of "No Place To Call Home"; that the Task Force has been moni-
toring the community's progress towards the elimination of homelessness
and the threat of homelessness by focusing carefully on the 27 recom-
mendations; and the Follow-Up Task Force has prepared a report
entitled, "One Year Later: A Status Report on the Recommendations".
The City Manager recommended that Council receive the report and
express appreciation to the Follow-Up Coffin[tree for its continued moni-
toring of the implementation of the study's recommendations.
The Reverend Clay Turner, Chairman of the Follow-Up Task Force,
appeared before Council and reviewed portions of the report.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey moved that the reports be received and filed with
appreciation to the Follow-up Task Force on the Homeless. The motion
was seconded by Mr. Musser and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
DOWNTOWN ROANOKE-ZONING: The City Manager submitted a written
report advising that a Downtown Service District was established pur-
suant to Ordinance No. 28453 which was adopted by Council on ~nday,
December 8, 1986, to be effective July 1, 1987; and the Service Agree-
ment, which defined the scope of work to be carried out by Downtown
Roanoke, Inc., and set forth how payments for services would be made by
the City to Downtown Roanoke, Inc., was approved by Council on June 22,
1987.
It was explained that a change in disbursement of service district
revenue has been requested by Downtown Roanoke, Inc.; that the method
of payment of fiscal year 198B-89 and succeeding fiscal years calls for
four payments (September 15, December 15, April 15 and July 15); that
the proposed method of payment would be semi-annual (October 15 and
April 15); that the year-end adjustment, if necessary, based upon
actual receipts as compared to the Director of Finance's annual budget
revenue estimates would still be required; and Council's approval of
any revision to the Agreement is required before a method of payment,
other than currently prescribed by Section 3.7 (c), can be implemented.
225
226
ACT[ON:
The City Manager recommended that he be authorized to execute an
amendment to the existing District Services Agreement, specifically
Section 3.7 (c) regarding Disbursmnents to Downtown Roanoke, inc.,
(DRI); that thereafter, disbursements to DR! will be made on a semi-
annual basis (October 15 and April 15) which w}ll enhance the cash flow
of DRI; and year-end adjustments to reconcile actual revenue collected
to disbursements made to DR! will still occur, if necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(N29134) AN ORDINANCE authorizing execution of an amendment to a
certain agremnent with Downtown Roanoke, Inc.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 586.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ..............
BUDGET-SCHOOLS-CONSULTANT REPORTS: The City Manager submitted a
written report advising that Council created the "Jefferson High School
Committee" on March 11, 1985, to find options for an appropriate use of
the facility; that the Jefferson High School Committee presented a
report to the Water Resources Committee on July 27, 1987, recommending
that the best use of the structure would be as a Center for the Per-
forming Arts and/or Human Services, and that a feasibility study be
prepared to comprehensively determine the cost of renovation and usage;
and the Water Resources Committee recommended that Council authorize a
use and feasibility study for the former Jefferson High School facili-
ties, such study to consider any utilization of the building that
retains the exterior facade and is shown to be financially self-
sufficient.
It was explained that representatives of the Jefferson High School
Committee and the City Administration jointly developed specifications
with which to solicit proposals for a study of adaptive re-use of the
former Jefferson High School; that a request for Consultant Qualifica-
tion Proposals was advertised in The Roanoke Times & World-News on
Sunday, February 14, 1988; and Statements of Qualifications were
received in the Office of City Engineer on Friday, March 4, 1988, from
the following local professional firms:
The Hill Studio
Sherertz, Franklin, Crawford & Shaffner
Frantz-Chappelear Associates, P.C.
Smithey& Boynton
Hornet & Associates
Hayes, Seay, Mattern & Mattern
It was further explained that interviews were conducted with all
firms continuing to express interest in the project (one firm withdrew
from consideration prior to being interviewed); that following the
interviews all proposals were ranked and the committee was in unanimous
agreement on the firm with which to negotiate a proposed study agree-
ment; and members of the consultant selection team included:
The Honorable Beverly T. Fizpatrick, St.
Warner N. Dalhouse
Richard A. Dearing
Horace G. Fralin
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
L. Bane Coburn, Civil Engineer
Brian J. Wishneff, Chief of Economic Development
ACTION:
ACTION:
The City Manager recommended that Council authorize a contract
with Horner& Associates, P. C., in a form approved by the City
Attorney, in the amount of $55,000.00, for a feasibility study of adap-
tive re-use of the former Jefferson High School; and appropriate the
sun of $5/,000.00 from Capital Improvement Reserve, Account No. 008-
052-95/5-9178, to a new account in the Capital Projects Fund to be
established by the Director of Finance for the study and newspaper sur-
vey.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the followin9 emergency bud9et Ordinance:
(#29135)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 587.)
Mr. Bowers inoved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ...... 7.
NAYS: None ....... O.
Mr. Bowers offered the following emergency Ordinance:
(#29136) AN ORDINANCE authorizing execution of a contract with
Homer & Associates, P. C., for a feasibility study of adaptive reuse
of the former Jefferson High School; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 587.)
Mr. Bowers moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor. 7.
NAYS: None .....................
BUDGET-TRADE CENTER: The City Manager submitted a written report
advising that a study prepared by Laventhol and Horwath and presented
to Council on January 4, 1988, detailed the feasibility of constructing
a new Trade and Convention Center in Roanoke; that a Task Force to pur-
sue financing, location, and operation of a trade center was recom-
mended to and approved by Council on February 8, 1988, with the Task
Force to report its progress to Council by August, 1988; that location,
financing and operation of a Trade Center has been pursued by the Task
Force since March, and work has progressed to the point in all of these
areas where technical, outside assistance is needed; and technical
assistance is needed in areas that include traffic studies, graphics,
travel, cost estimating, surveying, architectural and engineering, and
further program refinements.
The City Manager recommended that Council appropriate $50,000.00
from Civic Center Retained Earnings to a Trade and Convention Center
Study Account to be used by the Task Force to further its work.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29137) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Civic Center Fund Appropriations, and providing for an
emergency.
227
(For full text of Ordinance, see Ordinance Book No. 50, page 588.)
228
ACTION:
ACTION:
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ......... 7.
NAYS: None ......... O.
EMERGENCY SERVICES: The City Manager submitted a written report
with regard to a Regional Hazardous Materials Response Team Agreement.
It was explained that the Commonwealth of Virginia has allocated
$1.6 million to develop and train regional hazardous materials response
teams which includes the purchase of specialized equipment; that the
Roanoke Valley has been identified by the State Department of Emergency
Services (DES) as being at high risk for accidents involving hazardous
materials due to the high volume of chemicals coming through the City
on the Interstate system and railroad; and each locality must decide
what level of hazardous materials incident response capability they
wish to maintain.
It was further explained that the State Department of Emergency
Services has developed the Regional Response Team approach for hazar-
dous materials incidents; that the City of Roanoke, Roanoke County and
the City of Salem have been requested by the State Department of
Emergency Services to develop Level III, "regional response team," to
respond at the State's request to hazardous materials incidents within
Regions 5 and 6, and other localities are being requested to develop
similar regional response teams; that several draft agreements have
been developed over the past year with concerns of the responders
outlined for local govermnent/state consideration; and terms of the
proposed Agreement define City and State responsibilities, response
procedures, line of authority, reimbursement procedures, insurance,
legal responsibilities and a termination clause.
The City Manager advised that the City of Salem and Roanoke County
have signed Agreements with the State Department of Emergency Services
to develop a "Regional Response Team"; that Council's approval and
authorization to enter into such an agreement is required by June 15,
1988, if the City of Roanoke wishes to participate in a "Regional
Response Team"; that members of the Roanoke City Fire Department are
currently partici paring in State-sponsored Level ti [ Hazardous
Materials training; that City staff agrees that a Level III response
capability should be maintained due to the identified high risk status
for hazardous materials incidents in the City of Roanoke; that City
staff has determined that participation in a Regional Response Team
would be the most cost effective approach for the City; and the City
Attorney's Office has been involved in the development of the proposed
agreement between the City of Roanoke and the State Department of
Emergency Services.
The City Manager recommended that he be authorized to enter into
an agreement with the Commonwealth of Virginia, Department of Emergency
Services, to establish a Regional Hazardous Materials Response Team for
a period of three years with the option of any party to terminate upon
thirty days written notice.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29138) AN ORDINANCE authorizing an agreement between the City
and the Commonwealth of Virginia Deparbnent of Emergency Services to
provide for the creation of a Regional Hazardous Materials Response
Team; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 588.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
229
m
m
ACT[ON:
ACTION:
AYES: Council Members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Taylor ...................................... 5.
NAYS: None ..................................................... O.
(Council Member Trout was not in the Council Chamber during the roll
call vote.)
BUDGET-EQUIPMENT-FIRE DEPARTMENT: The City Manager submitted a
written report concurring in a report of a bid committee with reference
to bids for a 1250 GPM punping engine.
The Bid Committee recommended that Council accept the lowest bid
meeting specifications, with two informality exceptions, to provide one
1250 GPM Pumping Engine, with operational equipment, from Kovatch
Mobile Equipment, for the total amount of $161,037.00 and reject all
other bids; and appropriate $161,037.00 from Capita] Maintenance and
Equipment Replacement Program to Fire Department, Account No. 001-050-
3213-9010.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following mmergency budget Ordinance:
(#29139)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 589.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or .......... 6.
NAYS: None ......... O.
(Council Member Trout was not in the Council Chamber during the roll
call vote.)
Mr. Garland offered the following emergency Ordinance:
(#29140) AN ORDINANCE providing for the purchase of a 1250 GPM
p~nping engine for use by the City, upon certain terms and conditions,
by accepting a bid made to the City for furnishing and delivering such
equipment; rejecting other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 590.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tay] or ............. 6.
NAYS: None .......... -0.
(Council Member Trout was not in the Council Chamber during the roll
call vote.)
REPORTS OF COMMITTEES:
BUDGET-ARMORY: Council Member Robert A. Garland, Chairman of a
c(~nmlttee appointed by the Mayor to tabulate bids received for replace-
ment of the Assembly Hall roof at the National Guard Armory, presented
a written report on behalf of the committee, recommending that Council
authorize the City Manager to enter into a contractual agreement with
Consolidated Industrial Roofing, Inc., in accordance with contract
documents prepared by the City Engineer's Office, in the amount of
$22,476.00 and 28 consecutive calendar days for completion; that Coun-
cil appropriate $25,000.00 from the Capital Maintenance and Equipment
230
ACTION:
ACTION:
Replacement Program to Building Maintenance, Account No. 001-052-4330-
3056, Maintenance Third Party Contracts, $22,476.00 contract amount
plus $2,524.00 project contingency amount; and that all other bids
received be rejected,
The City Manager submitted a written report concurring in the
rec(~nmendations of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29141)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 590.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or .......... 6.
NAYS: None ........ O.
(Council Member Trout was not in the Council Chamber during the roll
call vote.)
Mr. Garland offered the following emergency Ordinance:
(#29142) AN ORDINANCE accepting the bid of Consolidated
Industrial Roofing, [nc., for the installation of a replacement roof
for the National Guard Armory Assembly Hall, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 591.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Harvey, Musser, Bowers, Bowles, Garland and
Mayor Tayl or ........... 6.
NAYS: None ............. O.
(Council Member Trout was not in the Council Chamber during the roll
call vote.)
BUDGET-WATER DEPARTMENT: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for asbestos removal at thc Water Pollution Control Plant,
presented a written report on behalf of the committee, recommending
that the City Manager be authorized to enter into a contractual agree-
ment with Strahle Construction Company, Inc., in accordance with
contract documents prepared by the City Engineer's Office, in the
amount of $23,345.00 and 30 consecutive calendar days for completion;
and appropriate funds for the project from the Water Pollution Control
Plant, Fees for Professional Services, Account No. 003-056-3150-2010,
to Maintenance and Equipment, Account No. 003-056-3155-2048, as
fol 1 ows:
Contract with Strahle Construction
Company, Inc.
$ 23,345.00
Project contl ngency
2,655.00
$ 26,000.00
It was further recommended that all other bids received be rejected.
231
ACTION:
ACT!ON:
ACTION:
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29143) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 592.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Taylor ................. 7.
NAYS: None .......... O.
Mr. Garland offered the following emergency Ordinance:
(#29144) AN ORDINANCE accepting the bid of Strahle Construction
Company, Inc., for asbestos removal at the Water Pollution Control
Plant, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 592.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Cou,,cil Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Tayl or ................... 7.
NAYS: None ........ -0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
WATER DEPARTMENT: Ordinance No. 29127 accepting the bid of D & B
Outfitters to operate the concessions at Carvtns Cove for the period of
June 1, 1988 to April 30, 1989, for the su~ of $500.00, having pre-
viously been before the Council for its first reading on Monday,
May 23, 1988, read and adopted on its first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29127) AN ORDINANCE accepting a bid for concession privileges
at Carvins Cove upon certain terms and conditions; and authorizing exe-
cution of the requisite concession agreement.
(For full text of Ordinance, see Ordinance Book )(o. 50, page 5B4.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Harvey, Musser, Trout, Bowers, Bowles,
Garland and Mayor Tayl or ......... 7.
NAYS: None ........ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BRIDGES: Council Member David A. Bowers presented a communication
with reference to the condition of Memorial Bridge, advising that the
bridge is, in the opinion of one local historian and many citizens, in
a sad state of disrepair, and should be a grand memorial to the
veterans of World War I, and a grand gateway into the Raleigh Court and
Mountain View neighborhoods.
232
Mr. Bowers advised that Mr. William Rand of Richardson Wayland
Corporation, a local business associated throughout much of its history
with the bridge, has agreed to donate electrical services for renova-
tion of the bridge. He said he would like to see the City renovate the
bridge by adding flags, cleaning it up and providing new lights; that
the City has allocated Capital Maintenance and Equipment Replacement
funds for bridge inspection, and he would like to direct some of those
funds for inspection of Memorial Bridge.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Bowers moved that the matter be referred to the City Manager
for study, report and recommendation to Council within sixty days. The
motion was seconded by Mr. Garland and unanimously adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 5:15 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Musser presiding and all Members of the Council in atten-
dance, with the exception of Mayor Taylor who left the meeting during
the Executive Session.
PLANNING-GRANTS-HOUSING: The Reverend Carl T. Tinsley, Vice-
Chairman of the Gainsboro PAC, appeared before Council and advised that
the Gainsboro Project was started approximately twenty years ago. He
said Council has made a commitment to complete Gainsboro; however, to
this point, the project has not been completed to its fullest extent.
He stated that funding sources have changed and funds are not received
from the Federal Government as in past years. He added that a con-
siderable amount of work remains to be done; however, he has been
advised by the City Manager that after funds are received this year, in
the amount of $18,960.00, the Gainsboro Project will not receive addi-
tional money from the City.
Reverend Tinsley explained that in January 1988, Council received
a copy of the proposal of Gainsboro PAC to complete the Gainsboro area.
He said PAC representatives have reviewed figures in an effort to work
with the City to continue certain aspects of the program; however, the
project cannot be continued considering the amount of funds which are
proposed to be allocated for fiscal year 1988-89.
Reverend Tinsley advised that instead of $18,960.00 in administra-
tive funds, the Gainsboro PAC is requesting $34,160.00. With reference
to purchase of abandoned and vacant property in the 400 blocks of Fair-
fax Avenue, which will be administered by the Roanoke Redevelol~ent and
Housing Authority, PAC is requesting that $30,000.00 be allocated. He
further requested $15,000.00 for PAC and GNDC to purchase three aban-
doned vacant lots for rehabilitation and/or demolition; $9,500.00 for
demolition and relocation to be administered by the Housing Authority;
and $45,000.00 for the rehabilitation grant program, which will also be
administered by the Housing Authority. He added that the abovestated
figures total $133,660.00, $84,500.00 of which would go to the Housing
Authority to complete the abovementioned programs, and $49,160.00 would
be directly funded to Gainsboro PAC and GNDC.
Mr. George Robinson Heller, Executive Director, Gainsboro PAC,
appeared before Council and advised that when the Wometco Project was
developed, Gainsboro gave up twenty-seven acres of land in order that a
major industry would remain in the City and declared the area for rede-
velopment. He said PAC is requesting that one block of a community,
which is felt to be a key to the total success of the revitalization
project, be declared as an area for redevelopment. He added that if
the Gainsboro area could give up twenty-seven acres of land to help the
City increase its tax base, the City could give up one block to Gains-
boro to assist in moving its program forward.
The City Manager advised that he notified Reverend Tinsley, Mr.
Percy T. Keeling and Mr. Heller in the fall of 1987 that he would not
recommend to Council the continuation of administrative funding, effec-
tive July 1, 1988; however, when it was brought to his attention that
during the time he was Assistant City Manager, he recommended to the
City Manager that the City allocate $18,960.00 for administrative
expenses, he then included that figure in the 1988-89 proposed budget
233
ACTION:
which was submitted to Council. He said the request of Reverend
Tinsley for an additional $45,000.00 of rehabilitation grant money is
intended to meet an unmet need in the neighborhood; however, Mr.
Herbert advised that the City has spent not only the $559,000.00 in the
program area which was recommended in the five year program, the City
has spent in excess of that amount. Therefore, he explained that the
question is not whether the City has spent the funds which were
included in the five year plan. He advised that other areas referred
to by Reverend Ttnsley are included in neighborhood-wide programs; that
there are proposed secur~nent funds, demolition funds and critical home
repair funds which will authorize up to $8,000.00 for people in need of
9rants, pointing out that the discussion presently before Council is
whether or not those funds should be specifically designated for
Gainsboro and whether the figure should be the difference between
$8,000.00 and $15,000.00 per household.
Following considerable discussion of the matter, the Vice-Mayor
advised that Council would hold a public hearing on the proposed 1988-
89 Community Development Block Grant budget on Monday, June 13, 1988,
at 7:30 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber, and persons interested in the proposed C.D.B.G. budget
would be given an opportunity to address the Council at that time.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 6:10 p.m.
APPROVED
ATTEST: ~
City C1 erk
,!
234
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 13, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 13, 1988, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Howard E. Musser presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of
ROanoke (1979), as amended.
Bowl es,
Musser--
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Robert A. Garland, James G. Harvey, [[, and Vice-Mayor Howard E.
ABSENT: Mayor Noel C. Taylor-- 1.
OFFICERS PRESENT: W, Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Rabbi Frank Muller, Temple
Emanuel.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Musser,
ACTION:
PUBLIC HEARINGS:
ELECTIONS: Pursuant to motion of Council on Monday, May 16, 1988,
the City Clerk havin9 advertised a public hearing for Monday, June 13,
1988, at 7:30 p.m., or as soon thereafter as the matter may be heard,
on the proposed temporary relocation of the polling place for Highland
No. 2 Precinct from Highland Park Elementary School to the Alexander
Gish House, 641 Walnut Avenue, S. W., effective for the November 8,
1988, general election and any other primary or special elections
required during the 1988-89 school year only, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 27,
1988, and Friday, June 3~ 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency Ordinance:
(#29145) AN ORDINANCE temporarily changing the polling place for
Highland Precinct No. 2 from Highland Park Elementary School to the
Alexander Gtsh House; providing for an emergency and an expiration date
for this ordinance.
(For full text of Ordinance, see Ordinance Book No. 50, page 593.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland.
Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board,
appeared before Council in support of the temporary relocation of
Highland No. 2 Precinct.
No person wishing to address Council with regard to the matter,
Ordinance No. 29145 was adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .................................................... 6.
NAYS: None ...........
(Mayor Taylor was absent.)
235
m
ACTION:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, June 13, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of D & G
Associates and Robert L. Mtley that a portion of the alleyway in Block
32, Deanwood, running from Lot 13 to a point ten feet from the eastern
lot line of Lot 19, be permanently vacated, discontinued and closed,
the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News, on Friday, May 27,
1988, and Friday, June 3, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Co~nission recommending that the
subject alley portion be closed as requested, subject to the following
conditions, was before Council.
"That the applicant agree to submit to the City for
review and approval a plat of subdivision, dedi-
catin9 to the City as publtc right-of-way a ten
foot wide alleyway through Lot 19, Block 32,
Deanwood, connecting the remaining portion of the
alley being vacated with Connecticut Avenue, N. E.,
with sufficient right-of-way for an adequate
turning radius, as determined by the City Engineer.
That the ordinance effecting said closure provide
that the closure will not be effective until said
plat is properly recorded,"
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the roi)owing Ordinance be placed upon its
first reading:
(#29146) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, subject to certain con-
ditions; and establishing an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 599.)
The motion was seconded by Mr. Trout.
Mr. Thomas B. Dickenson, Attorney, appeared before Council in sup-
port of the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 29146 was adopted on its first reading by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser- 6.
NAYS: None .............
Oo
{Mayor Taylor was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 13, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. John Leftwich, repre-
senting Signet Bank, that a tract of land containing 0.719 acre, more
or less, lying in the southwest quadrant of the intersection of Orange
Avenue, N. E., and King Street, N. E., designated as Official Tax No.
7090511, be rezoned from LM, Light Manufacturing District, to C-2,
General Con~nerclal District, subject to certain proffered conditions,
the matter was before the body.
236
ACT[ON:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 27,
1988, and Friday, June 3, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Com~nission recom~nending approval of
the request, was before Council.
It was explained that the size of the parcel limits the develop-
ment potential for LM use, therefore, C-2 zoning on the property is
more appropriate and desirable in terms of existing adjoining land use
and the comprehensive plan.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29147) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 600.)
The motion was seconded by Mr. Trout.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29147 was adopted on its first reading by
the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ..... 6.
NAYS: None ......
(Mayor Taylor was absent.)
ZONING: Pursuant Lo Resolution No. 25523 adopted by the Council
on Mo nday, Apri 1 6, 1981, the City C1 erk hay ing advertt seal a publ i c heari n9 for
Monday, June 13, 1988, at /:30 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke that a por-
tion of a 10.74 acre tract of real property located on the easterly end
of Sand Road, N. E., described as Official Tax Nos. 3250801, 3250802,
and 3250804, be rezoned from RM-2, Residential Multi-Family District,
to LM, Light Manufacturing District, subject Lo certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 27,
1988, and Friday, June 3, 1988.
(See p~.d~lisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Conm~ission recommending that the
request be granted, was before Council.
It was explained that the proposed filling site is a needed public
facility; and the low volume of vehicles expected to utilize the site
combined with the proffers restricting the use of the property to a
filling operation, restricting the hours of operation, and providing
additional landscaping, should help minimize any impact on the neigh-
borhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
237
m
ACT[ON:
(#29148) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 325, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 601.)
The motion was seconded by Mr. Garland.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29148 was adopted on its first reading by
the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ....................... 6.
NAYS: None ...... O.
(Mayor Taylor was absent.)
GRANTS-PLANNING: Pursuant to motion of Council on Monday, May 16,
1988, the City Clerk having advertised a public hearing for Monday,
June 13, 1988, at 7:30 p.m., or as soon thereafter as the matter may be
heard, on the proposed Statement of Objectives and Proposed Use of
Funds -- 1988-89 Community Development Block Grant Program, the matter
was before the body.
Notice of the public hearing was published in the Roanoke Times &
World-News' "Neighbors" section on Thursday, June 2, 1988, and in the
Roanoke Tribune on Thursday, June 2, 1988.
(See copies of advertisements on file in the City Clerk's Office.)
Proposed use of CDBG funds for program year 1988-89, is as
fol 1 ows:
The estimated 1988-89 source of funds is
$3,681,881.00; and the proposed statement of objec-
tives is $3,681,881.00; and proposed use of funds
for the 1988-89 CDBG program year is as follows:
Houstng Revttaltzatton:
Operation Paintbrush - $61,938.00 - Paint the
exteriors of houses of low and moderate income
familtes in Belmont, Gainsboro, Gt liner,
Harrison, Hurt Park, Loudon, Melrose, Mountatn
View and Old Southwest neighborhoods.
Private Rehab Loan Program - $713,000.00 -
($113,000.00 CDBG funds) Funds for a loan loss
reserve to leverage mortgage revenue bonds for
a rehab loan pool for homeowners in the 11
rehabilitation and conservation areas
regardless of income, and low and moderate
income families throughout the City. Budgeted
amount includes $73,000.00 for the Roanoke
Redevelopment and Housing Authority to cover
activity delivery costs.
Private ' Loan Subsidy - $690,000.00 -
($210,000.00 CDBG funds) Funds to subsidize
rehab loans to low and moderate Income fami-
lies in the 11 rehabilitation and conservation
areas. Budgeted amount includes $50,000.00
for the Roanoke Redevelopment and Housing
Authority to cover activity delivery costs.
238
Critical Home Repair - $162,000.00 - Grants
and no-interest loans to low and moderate
income homeowners city wide for critically
needed repairs to their homes. Maxtm~ sub-
sidy would be $6,000.00 ~tith special excep-
tions up to $8,000.00 per home. Budgeted
amount includes $2/,000.00 for the Roanoke
Redevelopment and Housing Authority to cover
activity delivery costs.
Demolition/Securement - $28,000,00 - Funds for
domolition and boarding up vacant and hazar-
dous buildings in the conservation and rehabi-
litation areas.
Code Enforcement - $57,939.00 - Provides
salaries and support costs for two building
inspectors to enforce the Building Maintenance
Code in all conservation and rehabilitation
areas.
Vacant Lot Homesteading - $27,000.00 - Grants
to families or developers to purchase lots on
condition they maintain them for three years
or build homes on them for low or moderate
income families.
0
Home Purchase Loan Program - $435,000.00
($135,000.00 CDBG funds) -will provide low
interest loans for low income families, in
conservation and rehabilitation areas, to
purchase homes they will rehabilitate with
funds from other sources. Budgeted amount
i ncl udes $45,000.00 for the Roanoke
Redevelopment and Housing Authority to cover
activity delivery costs.
Rental Rehabilitation Program Support Costs -
$28,653,00 - These funds provide salary costs
of inspectors and other direct costs of the
Roanoke Redevelopment and Housing Authority to
support the Rental Rehabilitation Program.
10.
Sectton 312 Program Support Costs -
$17,100.00 -These funds provide salary costs
of inspectors and other direct costs of the
Roanoke Redevelopment and Housing Authority to
support the Section 312 rehabilitation loan
program.
Economic Development:
Coca-Cola 108 Loan Repayment - $530,862.00 -
These funds will pay the fourth of ten annual
repayments to HUD of the $3,015,000.00
borrowed by the City for the Coca-Cola UDAG.
Budgeted amount includes $862.00 for the
Roanoke Redevelopment and Housing Authority to
cover activity delivery costs.
Deanwood/Shaffer's 108 Payment - $184,955.00 -
These funds will pay the second of six annual
repayments to HUD of the $922,300.00 borrov~ed
for development of the Deanwood Expansion area
and Shaffer's Crossing Industrial area,
Deanwood Addttton- $70,200.00 - Funds to pro-
vide for acquisition of a ten-parcel tract
fronting on Orange Avenue on the east side of
the entrance to Deanwood Industrial Park, and
minor site work to enhance its marketability.
Budgeted amount includes $10,200.00 for the
Roanoke Redevelopment and Housing Authority to
cover activity delivery costs.
239
I)eanwood Support Costs - $10,200.00 -To cover
costs of the Roanoke Redevelopment and Housing
Authority in the management and disposition of
property remaining in the Deanwood Redevelop-
ment Area.
Shaffer's Crossing - $163,800,00 - Funds for
continuing acquisition and development of
Phase ! of the designated Shaffer's Crossing
Redevelopment Area. Budgeted amount includes
$23,800.00 for the Roanoke Redevelopment and
Housing Authority to cover activity delivery
costs.
Henry Street Program Support Costs -
$30,600.00 - Funds for the Roanoke Redevelop-
ment and Housing Authority for property
management costs, and property disposition and
retention arrangements for the Henry Street
project.
Public Services:
Hint-Grants - $13,000,00 - A matching grant
program by the Roanoke Neighborhood Partner-
ship to provide financial assistance to
qualified neighborhood organizations under-
taking neighborhood improvement projects,
Emergency Assistance Fund - $33,000.00 - To
provide immediate assistance to low income
city residents to avert potential disasters
resulting in the disruption of their homes and
families. Assistance will cover a wide range
of social service emergencies.
Northwest Community Services - $26,762.00 - A
program to serve the residents of the near
northwest community by coordinating cultural
and social activities for the elderly and
youth; and providing a variety of services
from transportation to social service
assistance.
Administration & Planning:
Houstng Narkettng- $12,000.00 - Preparation
of materials and activities to promote neigh-
borhood revitalization generally and housing
rehabtlitation particularly.
Roanoke Neighborhood Partnershl p -
$106,592.00 - Provides operating costs for
three staff members to assist 21 member neigh-
borhood organizattons and three business
associations.
Roanoke Redevelopment and Houstng Authority
General Administration - $82,300.00 - Funds
for supervisory and general administration
salartes and benefits for RRHA personnel
directly related to the administration and
del lvery of CDBG projects.
City COBG Administration - $96,516.00 - Pro-
vides operating costs for three member city
Office of Grants Compliance, for monitoring
and general administration of the CDBG
program.
Ctty Houstng Development Administration -
$24,104.00 - Provides salaries, fringes and
related expenses for administration of the
City Housing Development Office,
240
Galnsboro Admtnl stratton - $18,960.00 -
Provides partial administrative costs for two
member staff for Gainsboro neighborhood.
Neighborhood Plans- $20,000.00 - Provides
partial costs for three neighborhood plans in
support of the Roanoke Vision Comprehensive
Plan.
Neighborhood Marketing - $15,000.00 - Funds to
promote and publicize the liveability of
Roanoke's neighborhoods.
0
Main Street Coordinator - $22,400.00 -
($5,000.00 CDBG funds) The continuation of a
matching grant to the Williamson Road Area
Business Association for salary and support
costs for a main street coordinator to coor-
dinate events and encourage businesses to
locate in the Nilliamson Road corridor.
The City Manager submitted a written report advising that Council
was briefed on June 6, 1988, on recommended Community Development Block
Grant (CDBG), including $1,486,000.00 new funds from the United States
Department of Housing and Urban Development; and citizen input has
been received and considered on three occasions; viz: January 21,
1988, March 10, 1988, and June 13, 1988.
The City Manager recommended that Council adopt the CDBG Statement
of Objectives and Budget as recommended, that he be authorized to sub-
mit the program to HUD for final review and approval, and that he be
further authorized to execute the grant agreement with HUD on behalf of
the City. He advised that upon receipt of program and budget approval
from HUD, a report detailing the necessary budget appropriations by
program and line item, as well as contracts necessary to carry out the
fiscal year 1988-89 program will be presented to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bow1 es offered the following Resolution:
(#29149) A RESOLUTION approving the proposed Fiscal Year 1988-
1989 Budget for the Community Development Block Grant Program, and the
Statement of Community Development Objectives and Projected Use of
Funds; authorizing the City~ Manager to execute the Statement of
Community Development Objectives and Projected Use of Funds for sub-
mission to the United States Department of Housing and Urban Develop-
ment (HUD); and authorizing the City Manager to execute the requisite
Grant Agreement with HUD.
(For full text of Resolution, see Resolution Book No. 50, page 594.)
Mrs. Bowles moved the adoption of the Resolution. lhe motion was
seconded by Mr. Trout.
Mr. James B. McCloskey, 2920 Avenham Avenue, S. W., Chairman of
the Roanoke Neighborhood Partnership, appeared before Council and spoke
in favor of the proposed Con~nunity Development Block Grant budget for
fiscal year 198B-89. On behalf of the Partnership, he expressed appre-
ciation to Council for its continued support of the Roanoke
Neighborhood Partnership and for the individual neighborhood programs.
He commended Council and the City Administration on the CDBG budget
review process, noting that all cities are not as fair and as open in
its discussion. He stated that on January 21, 1988, the City
Administration held a public hearing to receive input from citizens and
neighborhood leaders on how the funds for the upcoming year should be
allocated. He added that the result was that participants recommended
that the funds be spent primarily in the area of housing and economic
development, which means neighborhood leaders recognize that while
housing and neighborhood development are critical issues, it is equally
important to provide jobs and a strong economic base to attract persons
to the community. He said the proposed CDBG budget fairly supports
housing and neighborhood development, as well as economic development.
On behalf of the Roanoke Neighborhood Partnership, Mr, McC1oskey
expressed appreciation to Council for supporting the public forth pro-
cess.
m
m
Mr. Linwood Locklear, 5104 Pin Oak Drive, No W., President,
Wi)liamson Road Area Business Association, appeared before Council and
advised that the Association is in favor of the proposed 1988-89 CDBG
budget, and expressed appreciation to Council for its support of the
Williamson Road area.
The Reverend Carl T. Ttnsley, representing the Gainsboro PAC,
appeared before Council and advised that the City made a commitment for
revitalizing the Gainsboro area approximately twenty years ago, and
today the project is not complete. He advised that no funds were allo-
cated in the proposed 1988-89 Community Development Block Grant budget
for Gatnsboro except a carry over in the present budget in the amount
of $18,960.00. He said it is felt that Gainsboro should be included in
the proposed CDBG budget inasmuch as a considerable amount of work
remains to be done, He explained that there are certain sections of
the Gainsboro area that represent an eyesore to the community; that
even though Gainsboro has taken part in the Roanoke Neighborhood
Partnership in trying to bring the neighborhood up to standards, it has
received no funds through the Partnership. He advised that Gainsboro
wishes to be self-sustaining, but in order to do so, administrative
funds are needed for the year 1989.
(NOTE: Reverend Ttnsley appeared before Council on Monday, June 6,
1988, and advised that instead of $18,960.00 in administrative funds,
the Gainsboro PAC requests $34,160.00. With reference to the purchase
of abandoned and vacant property in the 400 block of Fairfax Avenue,
N. W., which will be administered by the Roanoke Redevelopment and
Housing Authority, PAC requests that $30,000.00 be allocated. He
further requested $15,000.00 for PAC and GNDC to purchase three aban-
doned vacant lots for rehabilitation and/or demolition; $9,500.00 for
demolition and relocation to be administered by the Housing AuLi~urJLy;
and $45,000.00 for the rehabilitation grant program, which will also be
administered by the Housing Authority. Reverend Tinsley pointed out
that the above figures total $133,660.00, $84,500.00 of which would go
to the Housing Authority te complete the abovementioned programs, and
$49,160.00 would be directly funded to Gainsboro PAC and GNDC.)
Reverend Tinsley pointed out that the track record of Gainsboro is
good; that accomplishments in Gainsboro can be attributed to PAC and
GNDC; that they have worked hard to continue the momentum and it is
hoped that Council will provide funds to complete a project which was
started approximately twenty years ago.
The City Manager advised that no disagreements exits between the
Gainsboro PAC and GNDC and himself with regard to the commitment he
made den he was Assistant City Manager. He said Gainsboro was to be a
five-year program which was to be initially funded by the City, in the
amount of $104,380.00, for administrative costs, adding that in the
four years the program has been supported by the City, it has been sup-
ported in the amount of $237,294.00 instead of $104,380.00. He pointed
out that the goal has been toward elimination of administrative fun-
ding; however, when he met with the PAC Board, a strong pitch was made
that for the purpose of financial planning, the Board was depending
upon the $18,960.00; therefore, he agreed to include the $18,960.00,
amended his recommendation to Council, and the CDBG budget presently
before Council includes the $18,960.00. He said at the meeting of
Council on June 6, 1988, a number of additional requests were pre-
sented, above and beyond those which were presented to him and he
endeavored to bring to the Council's attention that in the overall CDBG
program, there are sufficient funds for not only the Gainsboro neigh-
borhood but in neighborhoods throughout eligible areas of the City and
clearly, Gainsboro residents would receive their fair share of discre-
tionary funds. He said the request for $34,160.00 was not previously
discussed with him.
Upon question, the City Manager advised that given the resources
of the City to provide housing assistance and activities for low and
moderate income citizens, he is of the opinion that the $18,g60.00 is a
fair allocation, advising that the City has allocated more than was
originally intended in the Gainsboro administrative budget.
241
242
Reverend Ttnsley advised that Gainsboro is not a neighborhood;
that the City tore out the neighborhood and Gainsboro PAC and GNDC are
endeavoring to re-establish it. He said Gainsboro cannot compete with
all of the other neighborhoods; that the Housing Authority completely
gutted the area and if PAC and GNDC had not been involved, not even
one-half of the present accomplishments would be in place. He added
that Gainsboro does not deserve to be placed in a category with other
neighborhoods which have been established for years. He asked that
Gainsboro be given a fair share of the Coninunity Development Block
Grant funds.
Mr. Bowers expressed concern that the Gainsboro project is not
comp]ete, adding that Gainsboro is not like just any neighborhood. He
explained that certain unique projects have been developed around
Gainsboro such as the Wometco Project, the Henry Street Revitalization
Project, The Hotel Roanoke, the possible realignment of Wells Avenue,
the Diocese of Richmond elderly care center and Our Lady of the Valley
elderly care facility. He expressed concern that the City is leaving
the project in an incomplete state, advising that it goes back approxi-
mately twenty years and it should be completed. He suggested that the
matter should be referred back to the City Manager with instructions
that he seek a compromise between the $130,000.00 which was previously
requested by Gainsboro and the $18,960.00 which has been recommended by
the City Manager in the proposed 1988-89 CDBG budget.
Mr. Harvey inquired as to the amount of funds which have been
expended in the Gainsboro neighborhood; whereupon, the City Manager
referred to actual CDBG funds which were spent specifically on the
Gainsboro Project over a five year period, in the amount of
~2,~7,940.00. He said it ~,~uld take a cons~.derable ~9u.-.t 9f time a.n.d
work to identify financial records going back to the time when the pro-
ject was started.
Mr. George Robinson Heller, Executive Director, Gainsboro PAC,
appeared before Council and called attention to a proposal for the
revitalization of Harrison and Fairfax Avenues, N. W., which was sub-
mitted to the Mayor, the Members of Council, the City Manager, the
Assistant City Manager, the Grants Monitoring Administrator and the
Neighborhoods Coordinator, advising that, not one of the abovenamed
individuals has taken the time to question him about the document. He
said there has been considerable discussion about the $18,960.00 and
advised that it would be rmniss of anyone to think that these are the
only funds Gainsboro has sought. He added that the specifically
requested funds to purchase the entire 400 block of Fairfax Avenue,
N. W., and pointed out that PAC will proceed with or without the City.
He said that Gainsboro is not begging for funds, but it is trying to
make the point that help is needed.
Mr. Bowers offered a substitute motion that the matter be con-
tinued for three weeks and that the City Manager be requested to pro-
vide detailed information as to which neighborhoods will receive
discretionary funds; and that the City Manager confer with Gainsboro
representatives to reach a compromise on CDBG funding. The motion was
seconded by Mr. Garland.
Question was raised as to advertising requirements if the matter
is continued for three weeks; whereupon, the City Attorney advised that
the notice of public hearing was properly advertised; that there is no
requirement for additional advertising if the matter is carried over;
that the public hearing has been held and may be concluded.
Mr. Ltnwood Locklear, representing the W111iamson Road Area
Business Association, expressed concern that inasmuch as there have
been a series of public hearings, if the matter is referred back to the
City Administration, he would prefer that another public hearing be
held in order to receive additional citizen input.
Following discussion, the substitute motion was lost by the
fol 1 owi ng vote:
AYES: Council Members Bowers and Garland ....................... 2.
NAYS: Council Members Trout, Bowl es, Harvey and Vice-Mayor
Musser ............... 4.
(Mayor Taylor was absent.)
243
II
Resolution No. 29149 was then adopted by the following vote:
AYES: Council Members Trout, Bowles, Garland, Harvey and Vice-
Mayor Musser ............................... 5.
NAYS: Council Member Bowers
(Mayor Taylor was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, July 13, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Kenneth R.
Sharp that an alley running between Montclair Avenue and Kenwood
Boulevard, S. E., more specifically running between Lots 19 and 20,
Block 16, and approximately 128.1 feet in 1eh§th, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, May 21,
1988, and Friday, June 3, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
Council having previously held a public hearing on the request on
Monday, August 10, 1987, and havin9 referred the matter to the City
Manager for study, report and recommendation relative to extending the
alley away from Mr. Sharp's residence, and targeted primarily for
pedestrian traffic; the City Manager submitted a written report.
' °~ Council con-
The Cl~.y ~;~nager advised that on August 10, ,gu~,
sidered the application of Mr. Sharp for an alley closure; that the
application had previously been reviewed by the City Planning
Commission on July 1, 1987, and the Commission recommended that the
alley portion be closed, subject to the following conditions:
That the applicant agree to have prepared and sub-
mitted for the City's approval, a plat of sub-
division dedicating a certain portion of his
property necessary to establish a proper 25'
turning radius at the alley's terminus.
That official closure of the alley be contingent
upon the recordation of the above-cited plat of
subdivision.
It was explained that the City Planning Commission further recom-
mended in its concurrence with the recommendation of the Planning Staff
that Council authorize and direct the Public Works Department to
construct a public turnaround at the terminus of Montclatr Avenue,
S. E., to standards acceptable to the City Engineer.
The City Manager advised that Council, in its consideration of
certain concerns expressed by residents in the area, requested that the
Administration review the possibility of relocating the subject alley
in lieu of closure; that Council requested that the City Manager pro-
vide a recommendation with regard to extending or relocating the sub-
ject alley away from Mr. Sharp's residence and that the relocated alley
be targeted primarily for pedestrian traffic; and relocation of the
subject alley wtll require the following actions:
Acquisition of a ten foot strip of land adjacent to
the east side of the alley (property has recently
been sold by the Blue Ridge Mountain Boy Scouts of
America to Mr. Leon Kytchen).
Construction of the relocated alley which will
include excavation, grading and surface prepara-
tion.
244
ACTION:
Costs that would be incurred by the City to
acquire, relocate and prepare the subject relocated
alley are estimated to be approximately $7,000.00.
The City Manager explained that it is his opinion that if the
alley is closed and if it is thereafter adequately fenced, the current
problems related to pedestrian traffic will cease and pedestrian traf-
fic will be forced to revert back to the public streets; that he is of
the further opinion that existing pedestrian traffic through the alley-
way has an overall detrimental effect on the neighborhood, and reloca-
tion of the alley as a permanent pedestrian-way can only serve to
enlarge upon that negative effect.
Mr. Herbert advised that he concurs with the City Planning
Commission's earlier recommendation to close the subject alley and to
construct a public turnaround at the terminus of Montclair Avenue,
S. E.; that the applicant has agreed to bear the cost of the construc-
tion of the turnaround which is necessitated by the requested closure
of the alley, which is estimated to cost $1,051.03; and if it is the
decision of Council to close the alley, the following authorization
will be necessary:
Authorization for the City Manager to enter into an
agre~nent with Mr. K. R. Sharp of 1906 Kenwood
Boulevard, S. E., to provide for the payment by Mr.
Sharp of all costs, estimated to be $1,050.03
related to construction of a public turnaround at
the terminus of Montclair Avenue, S. E.
Authorization for the City Manager to direct City
forces to construct a public tur,)arouF, d within the
existing right-of-way at the terminus of Montclair
Avenue, S. E.
The City Manager pointed out that closure of the subject alley
should also be subject to the following conditions:
That the applicant, K. R. Sharp, agree to pay all
costs (estimated to be $1,051.03) related to the
construction of the public turnaround at the ter-
minus of Montclair Avenue, S. E.
That the applicant agree to submit to the City a
plat of subdivision dedicating to the City an area
of the applicant's property sufficient in size and
acceptable to the City Engineer to provide turning
radius for the abovecited turnaround.
That the ordinance effecting said closure provide
that said closure will not become effective until
the abovec i ted subdivi sion pl at i s properly
recorded and the turnaround constructed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29150) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, upon certain conditions;
authorizing and directing the construction of a turnaround at the end
of the vacated right-of-way; authorizing the execution of an agreement
pertaining to the construction of the turnaround; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Trout.
245
II
Ms. Mary Murray, 1902 Kenwood Boulevard, S. E., appeared before
Council and advised that she is in favor of closing the alley. She
referred to a report of the City Planning Commission under date of
July 1, 1987, advising that the angle, width and grade of the alley
render it unsuitable as a vehicular right-of-way and connector with
Montclair Avenue, S. E. She said the alley is used primarily for
pedestrian traffic which is not from the immediate area, but by juveni-
les who regularly travel in small gangs looking for trouble. She added
that examples of Lhe types of probl~.~s which exist are vandalism, ver-
bal abuse, littering, fires, animal abuse and abduction, and damage to
property. She said that closing the alley around her property and
surrounding property will provide for a safer place to live.
Ms. Murray explained that one of the opposing reasons for keeping
the alley open is related to access by some of the residents to their
garden areas and garages, and called attention to unlimited access via
Greenbrier Avenue onto Montclair Avenue. She said a second reason
which has been used for opposin9 the alley closure is with regard to
refuse collection, advising that the Refuse Collection Department has
stated that the alley turns are, in fact, too narrow to accommodate
trucks and they will no longer use the alley as a refuse collection
route.
in closing, Ms. Murray requested that the alley be closed for
logical and practical reasons, inasmuch as it is not practical for
vehicular use, she said people who are opposed to the closure do not
live in close proximity to the alley and they are not concerned about
the problems associated with keeping the alley open.
Mr. Kenneth R. Sharp, 1906 Kenwood Boulevard, S. E., appeared
before Council and advised that he has lived at his present address for
fourteen years. He said young people from an adjacent apartment
complex use the alley as a route to and from the recreational facili-
ties on Fallon Road. He pointed out that he started the proceedings to
close the alley on January 13, 1987. He said he is requesting that the
alley be closed for the safety and welfare of his family, calling
attention to Incidents of theft and vandalism, littering, damage to his
property by City sanitation trucks and deterioration of the neigh-
borhood. He added that tile reasons for closing the alley continues to
be validated everyday, especially with the opening of the swimming pool
on Fallon Road where young people use the alley as a shortcut, some-
times traveling in groups of ten to twenty. He said it is difficult to
deal with eight to ten streetwise young people who stand in the alley,
close enough to touch his house, who tell him their rights because they
know the City owns the alley. He explained that the closing would
force people to discontinue use of the alley and it would afford him
the opportunity to use the legal forces In the City of Roanoke to
enforce trespassing charges. He pointed out that abutting property
owners are knowledgeable of the problems he has expressed and they sup-
port the request for closure.
Mr. Sharp noted that some residents have raised objections which
are not valid reasons to deny the request based on safety and welfare,
and stated that those persons who object are not abutting property
owners. He said he has received prices on the cost of construction of
a turnaround at the terminus of Montclair Avenue, S. E., in the amount
of $1,051.03, and he would be willing to pay all or a portion of the
cost, and requested that Council establish a figure or a percentage
thereof.
Mr. Sharp requested that Council grant his request to close the
alley in the interest of the safety and wellbeing of his family.
Mr. Milton C. Fronk, 1834 Kenwood Boulevard, S. E., appeared
before Council and advised that he has lived at his present address for
eighteen years and he has seen the problems alluded to by Mr. Sharp on
only one occasion. He said the installation of a fence will not pre-
vent people from using the alley, and referred to the difficulty he'
will experience in reaching his garage if the alley is closed.
246
Ms. Fern A. Greenway, 1814 Kenwood Boulevard, S. E., appeared
before Council and advised that she spent a considerable amount of
money repairing the garage on her property which faces Montclair
Avenue, noting that she would be unable to reach her garage in bad
weather if the alley is closed. She said she has observed children
going up and down the alley but not in gangs of ten to twenty as Mr.
Sharp stated, nor I~as she experienced vandalism to her property. She
added that if the alley is closed, the children will use her yard. She
said she would like to be able to use her garage even in bad weather,
especially considering the amount of money she has spent on repairs.
Ms. Georgie Howell, 1827 Kenwood Boulevard, S. E., appeared before
Council and advised that she would be denied access to her garden if
the alley is closed, and expressed opposition to the closure.
Following discussion of the request, Ordinance No. 29150, on its
first reading, was adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, and Garland ....... 4.
NAYS: Council Members Harvey and Vice-Mayor Musser ............. 2.
(Mayor Taylor was absent.)
At 9:30 p.m., the Vice-Mayor declared the meeting in recess.
At 9:45 p.m., the meeting reconvened in the Council Chamber with
Vice-Mayor Musser presiding, and all Members of the Council in atten-
dance, with the exception of Mayor Taylor.
ACT[ON:
ACTION:
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda are considered to be routine by the Members of Council and will
be enacted by one motion in the forms listed on the Consent Agenda, and
if discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Sesston to discuss a matter regarding the
acquisition of real property for publtc purpose.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the acquisition of real property
for public purpose, pursuant to Section 2.1-344 (a) (2), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (2), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ............. 6.
NAYS: None- O.
(Mayor Taylor was absent.)
YOUTH: A report of qualification of Carol B. Marchal and
David J. Prestipino as members of the Youth Services Citizen Board for
terms of three years, each, ending May 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol 1 owl ng vote:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .................................................... 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
ROANOKE ARTS COMMISSION: A report of qualification of Ernest M.
Johnson as a member of the Roanoke Arts Commission for a term ending
June 30, 1990, was before Council.
(See Oath or Affimnatton of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
fol lowing vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser. 6.
NAYS: None ..................................................... O.
(Mayor Taylor was absent.)
247
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF.CITIZENS UPON PUBLIC MATTERS:
ANIMALS-COMPLAINTS: Mr. James M. Brickey, 5251 Victoria Street,
N. W., appeared before Council and requested that an ordinance be
enacted pertaining to the regulation of cats in the City of Roanoke.
He referred to problems in his neighborhood as the result of cats
running at-large, causing damage to his property and to his automobile.
He stated that he has placed cages in his yard to trap stray cats. He
called the attention of Council to a City of Virginia Beach ordinance
which regulates cats.
Mr. Harvey moved that the matter be referred to the City Manager
and to the City Attorney for study, report and recommendation to
Council; and that Mr. Brickey be requested to furnish the City Manager
and the City Attorney with a copy of the City of Virginia Beach ordi-
nance, The motion was seconded by Mr. Trout.
Ms. Sue Hutchison, 5250 Morwanda Drive, N. W., appeared before
Council and referred to state legislation, effective July 1, 1988, pro-
viding that a cat is the personal property of its owner and requiring
the licensing and vaccination of cats. She said she lives in the same
neighborhood as Mr, Brickey and he seems to be the only person
experiencing problems with cats. She suggested that the City investi-
gate the legality of the traps which have been set by Mr, Brickey,
advising that if he does not want cats in his yard, his traps should
not be baited with sardines.
Mr. Trout asked the City Attorney to investigate the legality of
entrapment of animals.
There being no further discussion, the motion was adopted.
PETITIONS AND COMMUNICATIONS: NONE.
.REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE,
ITEMS RECOMMENDED FOR ACTION:
248
ACTION:
BUDGE T-YOUTH: The City Manager submitted a written report
advising that the City of Roanoke receives funds from the United States
Department of Agriculture (USDA), through the Virginia Department of
Corrections, to enhance the food service program of the Crisis Inter-
vention Center (Sanctuary), Juvenile Probation House (Youth Haven), and
Juvenile Detention Home; and USDA funds for the second and third quar-
ters of 1987-88 have been received by the City for the facilities, as
fol 1 ows:
Crisis intervention Center -
Juvenile Probation House -
Juvenile Detention Home -
$ 2,572.00
1,856.00
4,960.00
Total $ 9,388.00
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House and
Juvenile Detention Home and increase correspondin9 revenue estimates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29151)
the 198/-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 594.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ............................. 6.
NAYS: None ................
(Mayor Taylor was absent.)
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that General Relief is a temporary emergency relief
program that meets two areas of need; viz: temporarily disabled citi-
zens unable to work, or unemployed or underemployed citizens who have
lost income through no fault of their own; and the General Relief
budget for fiscal year 1987-88 is $363,000.00.
It was explained that reductions in Federal programs have resulted
in more requests for public assistance to alleviate emergencies such as
utility cut-offs, eviction notices, food and prescriptions; that the
City has requested $9,000.00 in additional funds for the remainder of
fiscal year 1987-88 (state funds - $5,625.00 and local funds
$3,375.00); that the State Department of Social Services has
appropriated their share of necessary funds; and the City's match of
$3,375.00 is available in the Department of Social Services 1987-88
budget in a category which was set up to provide local match for
state/federal programs.
The City Manager recommended that Council authorize the transfer'.~
of $3,375.00 in existing Social Services funds and appropriate revenue
of $5,625.00 to provide for emergency needs of citizens.
(For full text, see report on file in the City Clerk's Office.)
Mrs, Bowles offered the following emergency budget Ordinance:
(~29152)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 595.)
249
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .............. 6.
NAYS: None ........ O.
(Mayor Taylor was absent.)
INDUSTRIES-AIRPORT: The City Manager submitted a written report
advising that the Roanoke Regional Airport Commission agreed on
September 25, 1987, to a request from Roanoke County for the exchange
of certain land around the airport to assist with the development of
the proposed Valleypointe project; that a stipulation to the Agreement
was that the County, or some party other than the Airport Commission or
the City of Roanoke, would make all improvements at no cost to the
Airport Commission or the City; that construction is in~inent; and a
fomalized agreement is needed between Roanoke County and Roanoke City
prior to construction.
The City Manager recommended that he be authorized to execute an
agreement, or version thereof, after approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29153) AN ORDINANCE authorizing the appropriate City officials
to enter into an agreement to provide for certain improvements in con-
nection with the Valleypointe access road, within the Roanoke City
limits; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 596.)
ACTION: Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Councll Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser .......................... 6.
NAYS: None ......................
.0.
(Mayor Taylor was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a writ-
ten report advising that fiscal year 1987-88 General Fund and Internal
Service Fund budgets included funds in the non-departmental category
for payment of termination leave and workman's compensation wages and
medical expenses; that in addition, funds were budgeted in the non-
departmental category to cover the rate increase for hospitalization
insurance that became effective on January 1, 1983; that these types of
fringe benefits are budgeted in the non-departmental category because
annual charges to each department are difficult to accurately project;
and the actual costs are charged to the applicable department in anti-
cipation of periodic budget transfers to cover the costs.
Mr. Schlanger advised that a s~nmary of the total transfers is as
follows:
Internal
General Fund Service Fund
Workman's Compensation Wages $100,935.00
Workman's Compensation Medical 17/,649.00
Termi. natlon Leave Pay 74,979.00
, Hospttal.i zation Insurance 236,037.00
~ -
}.~',~'~ ~' .TQtal - $589,600.00
' .',~m~,. :%", ,
(For full text, see report on file in the City Clerk's Office.)
$ 2,694.00
4,995.00
6,508.00
14,850.00
$29,047.00
250
Mr. Harvey offered the following emer§ency budget Ordinance:
(#29154) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Internal Service Funds Appropriations, and pro-
viding for an energency.
(For full text of Ordinance, see Ordinance Book No. 50, page 596.)
ACT[ON: Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland, Harvey and
Vice-Mayor Musser ..... 6.
NAYS: None ........................
(Mayor Taylor was absent.)
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member James G. Harvey, II, Chairman of
the Audit Committee, presented minutes of a meeting of the Audit
Committee held on Monday, June 6, 1988, advising that the committee
reviewed, received and filed the Auditor's Four-Year Audit Plan; and
reviewed, received and filed the June 30, 1988, Audit Plan from Peat
Marwick.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION: Mr. Harvey moved that the minutes be received and filed.
motion was seconded by Mr. Bowers and adopted.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUS[NESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
TRAINS: Counctl Member James O. Trout advised that he has
received questions about the possibility of an Amtrak passenger route
through Roanoke and suggested that the City of Roanoke and the business
con~nunity join forces to persuade Amtrak to make Roanoke a part of its
New York/Chicago passenger service, and further suggested that the
matter be referred to the City Manager for report to Council.
The City Manager advised that the City's Economic Development
staff will meet with Amtrak officials to determine necessary standards
and requirements for service to the Roanoke area. He said he would
brief Council at a later date as to appropriate action to be taken by
the City.
Mr. Beverly T. Fitzpatrick, Jr., Council Member and Vice-Mayor
Elect, appeared before Council and advised that an ad hoc committee,
including representatives from the Chamber of Commerce, is investi-
gating the matter and the City will receive information from the com-
mittee at an early date.
OTHER I{E. ARINGS OF CITIZENS: NONE.
There being no further business, the Vice-Mayor declared the
meeting adjourned at 10:00 p.m.
ATTEST:
City Clerk
APPROVED
Vi ce-Mayo r
251
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 20, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 20, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
'(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, James G. Harvey, Ii, Howard E. Musser, James O. Trout and
Mayor Noel C. Taylor ............. 7.
ABSENT: None ......
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City C1 erk.
The meeting was opened with a prayer by The Reverend Herman L. Word,
Pastor, Ebenezer Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BID OPENINGS:
ACTION:
ACTION:
SEWERS AND STORM DRAINS-WATER DEPARTMENT-SIDEWALKS, CURB AND
GUTTER: Pursuant to notice of advertisement for bids for construction
of Glade View Drive, N. E., including a roadway with curb and gutter,
water line, sewer line and a triple box culvert, said bids to be
received by the City Clerk until 1:30 p,m., on Monday, June 20, 1988,
and to be held, opened and read before the Council at 2:00 p.m., on
that date, or as soon thereafter as the matter may be heard, the Mayor
asked if anyone had any questions about the advertisement for bids, and
no representative present raising any question, the Mayor instructed
the City Clerk to proceed with the opening of the bids; whereupon, the
City Clerk opened and read the following bids:
BIDDER BASE BID TOTAL ALTERNATE
E. C. Pace Company, Inc.
S. C. Rossi & Company, Inc.
J. P. Turner & Brothers, Inc.
Prillaman & Pace, Inc.
Aaron J. Conner General Contractor
$200,242.00
21/,846.50
224,650.70
234,967.00
248,124.30
$18,348.00
23,940.00
21,439.00
20,386.00
19,116.00
Mr. Harvey moved that the bids be referred to a con~ittee to.be
appointed by the Mayor for tabulation, report and recon~nendation'to
Council. The motion was seconded by Mr. Musser and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss disposition of publicly held
property; acquisition of real property; personnel matters; and acquisi-
tion of real property for public purpose.
252
ACT[ON:
ACT[ON:
ACT[ON:
MINUTES: Minutes of the regular meeting of Council held on
Monday, April 25, 1988, and the special ineeting of Council held on
Wednesday, April 27, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council ~'embers Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ......... O.
FLOOD CONTROL: A report of the City Manager calling attention to a com-
munication from Mr. W. S. Estes, Water Resources Development Super-
visor, State Water Control Board, advising that in accordance with the
Code of Virginia, Sections 62.1.44-15 (3) and 62.1.44-15(13), the State
Water Control Board is in the process of updating the Upper Roanoke
River Subarea portion of the Upper Roanoke River Basin Water Quality
Management Plan 303(e), and the Board is establishing an advisory com-
mittee to assist in the formation of the plan update, was before
Council.
It was explained that the Upper Roanoke River Basin Water Quality
Management Plan 303(e) and its update is important because the plan is
the base docunent that determines what can be withdrawn from, added to
and recreational oppportunities that may be associated with the Roanoke
River and its tributaries, and it is particularly important inasmuch as
it relates Lo future expansion or increased discharges from the Sewage
Treatment Plant.
The City Manager advised that Mr. Kit Kiser, Director, Utilities
and Operations, is the best person to represent the City on the commit-
tee, and recommended that Council concur in the appointment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the appointment of Mr.
Kiser by the City Manager. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............. 7.
NAYS: None .......... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the disposition of publicly
held property, pursuant to Section 2.1-344 (a) {2), Code of Virginia
(1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the disposition of publicly held property, pursuant to Section 2.1-344
(a) (2), Code of Virginia (1950), as amended. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ............
.0.
COUNCIL: A report of the Director of Finance and the Director of
Utilities and Operations requesting an Executive Session to discuss a
matter relating to the acquisition of real property for public purpose,
pursuant to Section 2.1-344 (a) (2), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
253
m
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the Director
of Finance and the Director of Utilities and Operations to convene in
Executive Session to discuss a matter relating to the acquisition of
real property for public purpose, pursuant to Section 2.1-344 (al (2),
Code of Virginia (1950), as amended. The motion was seconded by Mrs.
Bowles and adopted by the followin9 vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..............
NAYS: None ......... O.
ARCHITECTURAL REVIEW BOARD: A report of qualification of John W.
Creasy as a member of the Architectural Review Board for a term of four
years, ending October 1, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None- O.
RADIO-TELEVISION: A communication from Mr. Bernard W. Langheim,
Vice-President and General Manager of Cox Cable Roanoke, advising that
in conformance with Section 626 of the Cable Communications Policy Act
of 1984, Cox Cable is giving notice of its intent to seek renewal of
the franchise under which it provides cable television to customers in
the City of Roanoke; that in accordance with the Act, it is requested
that Council commence public proceedings to identify the future needs
and interests of the conwnunity as they relate to cable television and
to review the performance of the company in serving the City of Roanoke
under the existing cable television franchise, was before the body.
It was pointed out that in February 1987, Cox Cable requested the
City of Roanoke, along with Roanoke County and the Town of Vinton,
acting through the Regional Cable Television Committee, to consider
adoption of a new franchise agreement; that such informal renewal pro-
ceeding is recognized and encouraged by Section 626(h) of the Cable
Television Act, and it is believed by Cox Cable that it would be in the
interest of the local governments to continue this informal franchise
review and renewal procedure.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the Regional
Cable Television Committee. The motion was seconded by Mrs. Bowles and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... ----7.
NAYS: None .......
CELEBRATIONS: A Resolution adopted by the Roanoke County Board of
Supervisors congratulating the City of Roanoke upon being selected as
an All-America City for 1988, was before Council.
(For full text, see Resolution on file in the City Clerk's Office.)
Mr. Trout moved that the Resolution be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... . .... 7.
NAYS: None ........ O.
254
ACTION:
ACTION:
COUNCIL: A c~nmunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and co~mnittees appointed by
Council, pursuant to Section 2.1o344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...... 7.
NAYS: None .............
O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a matter relating to the acquisition of
real property for public purpose, pursuant to Section 2.1-344 (a) (2),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a matter relating to the
acquisition of real property for public purpose, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .............. 7.
NAYS: None ...............
O®
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY EMPLOYEES: A communication from Council Member David A.
Bowers advising that he has been contacted by dozens of City employees
regarding the proposed change in the sick leave policy in which there
seems to be a great deal of confusion.
Mr. Bowers advised that he has received information from several
employees that they were told by administrative representatives that
the current sick leave policy is being complied with by 87 per cent of
City employees which is not a bad record when only 13 per cent appear
to be abusing the current policy, noting that attention might need to
be centered around better supervision of the 13 per cent who are not
complying rather than changing the policy for which nine out of ten
City employees are roi]owing.
Mr. Bowers said it is important that Council hear the concerns of
City employees on the matter; accordingly, prior to any Council action,
he requested that Council set either a public hearing at night or a
special meeting of Council so that the issue may be addressed by City
employees at a time other than during regular working hours.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be received and filed, and
referred to the City Manager along with other co~ents regarding the
sick leave policy. The motion was seconded by Mr. Trout and unani-
mously adopted.
255
ACT[ON:
CITY CODE-TAXES-CITY TREASURER: A communication from William H.
Tanger, III, requesting an amendment to the City Code to allow the City
Treasurer to waive late payment penalties for personal property taxes,
under certain circumstances, was before Council.
(For full text, see co~nunication on file in the City Clerk's Office.)
Mr. Garland moved that the communication be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS REC~tMENDED FOR ACTION:
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that a grant application for the Virginia Summer Food
Service Program has been prepared by the Fifth District Employment and
Training ConsorLi~n on behalf of the City of Roanoke, for consideration
by the United States Department of Agriculture for funding for the
period June 27 - September 2, 1988.
It was explained that daily lunch meals are proposed for 470 youth
participating at six housing project sites, with over 23,000 meals
estimated to be served through the expanded project at Jamestown,
Indian Village, Hurt Park, Lansdowne, Lincoln Terrace and Hunt Manor;
and the proposed expansion from two to six feeding sites reflects both
the success of last year's program and the broad need existing for such
a program for needy youth in the City.
The City Manager advised that the Department of Human Services is
proposed to administer the project through interagency agreements with
the Fifth District Employment and Training Consortium, the Roanoke
Redevelopment and Housing Authority and Total Action Against Poverty,
an informal written agreement with the Department of Social Services,
and a contract with a meal vendor to prepare and deliver 470 meals,
daily, to the project sites.
It was explained that a grant application for the Summer Feedin9
Program was approved by the U. S. Department of Agriculture for funding
on June 10, 1988; that a vendor must be selected to prepare and deliver
the meals to the six project sites; that an invitation to bid process
has been developed and implemented, following the City's procurement
guidelines; that one bid was received and, upon review by appropriate
City staff, it has been determined that Service America Corporation has
proposed a responsive program for meal preparation and delivery; that
an average rate of $1.513 per meal has been proposed by Service America
Corporation which is responsive to the City's target rate of $1.50 per
meal; that the USDA ceiling rate for food vendors is $1.7125 per meal;
and the City will make use of the balance available per meal, $.2125,
to acc~wnodate minim~n staffing needs to supervise the feeding sites.
It was also explained that Service America Corporation agrees to
request reimbursement for only those meals for which the City is eli-
gible for USDA reimbursement, which will enable the project to pay for
itself entirely from USDA grant funds.
The City Manager recommended that Council accept the grant award
from the U. S. Department of Agriculture, in the amount of $42,548.00,
and authorize the Department of Human Resources to negotiate and exe-
cute appropriate interagency agreements to facilitate the success of
the project; accept the bid of Service America Corporation, at an
average reimbursement rate of $1.51, to prepare and deliver vendor
meals; and authorize negotiation of a vendor contract between the City
and Service America Corporation.
256
ACTION:
ACTION:
The City Manager further recommended that Council appropriate
$42,548.00, with a corresponding revenue estimate, to an account to be
established in the Grant Fund by the Director of Finance, for the
Virginia Summer Food Service Program.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29155) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 602.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ..... ---7.
NAYS: None ............
O®
Mrs. Bowles offered the following emergency Ordinance:
(#29156) AN ORDINANCE authorizing the execution of a grant appli-
cation made on behalf of the City of Roanoke for the United States
Department of Agriculture 1988 Summer Food Service Program, and the
acceptance of the subsequent grant award; and authorizing the accep-
tance of the bid of Service America Corporation to prepare and deliver
the Summer Food Service Program daily meals to designated feeding sites
in the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 602.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .......... --7.
NAYS: None ...............
.0.
BUDGET-GRANTS-POLICE DEPARTMENT: The City Manager submitted a
written report advising that Congress amended 21 USC. Sec. 881 el-4, in
October, 1986, which authorized the transfer of certain federally for-
feited property to state and local law enforcm]lent agencies that par-
ticipated in the investigation seizure of the property; that applica-
tion for an equitable share of property seized by local law enforcement
must be made to the U. S. Department of Justice and certified by the
City Attorney as to the appropriate agency and representative to
receive the property; and the transfer is not prohibited by state or
local law.
It was further advised that property {including funds shared with
state and local agencies) may be used only for the purpose stated in
the application, i.e., narcotics related to law enforcement; that the
agency requesting the transfer of property agrees to pay fees and
expenses necessary to effect the transfer; and on January 4, 1988,
Council, at its regular meeting, authorized the Director of Finance to
establish a grant fund account from which funds may be dispersed in
accordance with provisions of the program.
It was explained that the Police Department estimates additional
funds periodically from the Federal Government's asset sharing program;
that action by Council is needed to accept additional funds to be
dispersed in accordance with provisions of the program; and revenues
collected for the grant funds are $54,272.40, deposited in Grant
Account No. 035-050-1234-7060, and the current account estimate is
$38,000.00.
The City Manager recommended that Council accept additional
($16,300.00) funds from the U. S. Department of Justice, Forfeited
Property Sharing Program, and authorize the Director of Finance to
establish appropriate accounts so that funds may be expended in accor-
dance with program requirements.
257
ACTION:
Appropriate $16,300.00 to the following grant fund account:
Investigations and Rewards .............. $16,300.00
Increase the revenue estimate for the
grant for ............................... $16,300.00
(For full text, see report on file in the City Clerk's Office,)
Mr. Musser offered the following emergency budget Ordinance:
(#29157) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 603.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ...................
NAYS: None ...............................
PARKING GARAGE: The City Manager submitted a written report
advising that the last adjustment to parking rates occurred on
January 1, 1987; that periodic and relatively small adjustments in
parking rates are more in line with private business practices than are
infrequent but large amounts; and free parking is provided on Saturdays
and Sundays and after 5:00 p.m., Monday through Friday.
It was explained that the Parking Garage is managed by APCOA,
Inc.; that parking rates are established by Council; that parking
demands in the downtown area are increasing; and current and proposed
rates are as follows:
Type Rate
Current Rate
Each 30 minute period
or portion thereof
Maximin 24 hour period
Monthly
Evenings & Weekends
(Transient)
..P. roposed Rate
$ O.5O $ O.5O
2.50 3.00
36.00 40.00
Free Free
The City Manager recommended that Council approve the following:
Establish the following rates to be effective
August 1, 1988:
Each 30 minute time period or
or portion thereof
Maxim~ 24 hour period
Monthly
$ 0.50
3.00
40.00
Maintain free parking between the hours of
5:00 p.m. and 9:00 p.m., evenings and on Saturdays
and Sundays.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29158) AN ORDINANCE providing for an adjustment of the fees
charged at the Municipal Parking Garage; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 604.)
258
ACT ION:
ACT[ON:
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ............................... 6.
NAYS: 'Council Member Bowers-
BUDGET-PARKS AND PLAYGROUNDS-RECREATION DEPARTMENT-YOUTH: The
City Manager submitted a written report advising that on November 9,
1987, Council approved a Capital Maintenance and Equipment Replacement
Program; that the Capital Maintenance and Equipment Replacement Program
included a list of items which would not exceed the single item cost of
$10,000.00; and Council's approval is required for single purchases,
which cost exceed $10,000.00 as stated in the Code of the City of
Roanoke, Chapter 23.1, Procurement, (1979), as amended.
It was explained that single purchases from the expenditure list,
which will cost less than $10,000.00, are identified as follows:
Repair Roofs on Six
Park Shelters
$ 6,610.00
Provide and install new
boiler in Villa Heights
Recreation Center
5,600.00
Paint outbuildings at
Mountain View Recreation
Center
7,958.00
Renovate front porch at
Youth Haven
7,791.00
Total $27,959.00
It was further explained that the above items will be processed in
accordance with the procurement code as identified in the Code of the
City of Roanoke; and appropriations by Council are requested to allow
for the purchase of the above items.
The City Manager recommended that Council appropriate $27,959.00
from Maintenance of Fixed Assets, Account No. 001-002-9410-2201, to
Building Maintenance, Account No. 001-052-4330-3056, to provide funds
for the abovedescribed projects.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29159)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 604.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ......... O.
TRAFFIC (TRAFFIC SIGNALS): The City Manager submitted a written
report advising that numerous requests for traffic signals at the
intersection of Peters Creek Road and Wood Haven Drive, N. W., have
been made by motorists that regularly use the intersection; that the
intersection of Peters Creek Road and Wood Haven Drive, N. W., lies
within the Roanoke City limits, although both the north leg of Peters
Creek Road and the west leg of Wood Haven Drive lie in Roanoke County;
and traffic counts conducted at this intersection indicate that signa-
lization is warranted according to the Manual on Uniform Traffic
Control Devices {MUTCD).
259
ACT[ON:
It was explained that ranking of intersections in the City of
Roanoke that meet HUTCD warrants for signalization indicates that the
subject intersection only ranks seventh on a list of twelve such inter-
sections; and based upon the current signal installation rate of one
intersection per year using City funds, it would likely be several
years before such signalization could be implemented.
The City Manager advised that a cost estimate of $75,500.00 has
been prepared for installation of the subject signal installation; and
the Virginia Department of Transportation has agreed to participate in
fifty per cent of the cost of installation of the traffic signal as
outlined in a communication under date of December 12, 1986, with
accompanying agreement, and the offer is still valid.
It was noted that a rezoning request in Roanoke County for a pro-
posed Hop-In convenience store located on the northwest corner of the
subject intersection is pending before the Roanoke County Board of
Supervisors; that Hop-In Food Stores, Inc., has indicated that they
would pay fifty per cent of the cost of installation of the traffic
signal at the intersection, not to exceed an amount of $35,000.00, and
transmitting copy of a communication from Mr. Edward A. Natt, Attorney,
representing Hop-In Food Stores, Inc., under date of May 6, 1988, and a
communication from Mr. Peter Surprenant, Vice President, Real Estate
and Corporate Development, Hop-In Food Stores, [nc., under date of
May 5, 1988, indicating their willingness to do so.
The City Manager recommended that Council concur in the following:
The City will design, install and maintain traffic
signals at the intersection of Peters Creek Road
and Wood Haven Drive, N. W., subject to cost
sharing agreements with VDOT and Hop-In Food
Stores, inc.
Appropriate $75,500.00 to an account to be estab-
lished by the Director of Finance and establish a
receivable account, in the amount of $72,750.00,
($37,750.00 from VDOT and $35,000.00 from Hop-In).
The City's share of $2,750.00 should be transferred
from Traffic Signal General (Account No. 008-052-
9560-9003) to the new account to be established for
the project.
Authorize the City Manager, in a form acceptable to
the City Attorney, to execute agreements with the
VDOT to pay 50% of the actual cost of traffic
signal installation and with Hop-In Food Stores,
Inc., or their agent, to pay 50% (Not to exceed
$35,000.00) of the actual cost of traffic signal
and installation, to be guaranteed by "letter of
credit" (which Hop-In has agreed to) and paid when
the traffic signal is installed and functional.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29160)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 605.)
Mr. Bowers moved the adoption of the Ordinance. The morton was
seconded by Mr. Garland and adopted by the following vote: ~
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. 7.
NAYS: None ..................... O.
26O
ACTION:
ACTION:
ACTION:
Mr. Bowers offered the following emergency Ordinance:
(#29161) AN ORDINANCE authorizing the installation of a traffic
signal system at the intersection of Peters Creek Road and Wood Haven
Drive, N. W.; authorizing the execution of certain cost-sharing agree-
ments relating thereto; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 606.)
Mr. Bowers ~noved the adoption of the Ordinance. The ,notion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None .............................
BUDGET-COMMUNICATIONS-EQUIPMENT: The City Manager submitted a
written report concurring in a report of a bid committee with reference
to the purchase of paging and monitoring equipment for Fire Station
Nos. 1 and 2, advised that on November 9, 1987, Council designated
funds in the Capital Maintenance and Equipment Replacement Program to
provide for the purchase of a paging and monitoring system for Fire
Stations Nos. 1 and 2; that bid requests were developed and sent speci-
fically to three vendors currently listed on the City's bid list; and
bids were received on June 7, 1988, at which time all bids were
publicly opened and read in the Office of the Manager of General
Services.
The committee recommended and the City Manager concurred in the
recommendation that Council accept the lowest responsible bid to fur-
nish and install the equipment submitted by Lee Hartman & Sons, Inc.,
for the total amount of $14,973.88; reject the other bid received; and
appropriate $14,973.88 from Capital Maintenance and Equipment
Replacement Program to Communications, Account No. 001-002-4130-9015,
to provide sufficient funds for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29162)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 606.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 7.
NAYS~ None ....
Mr. Harvey offered the following emergency Ordinance:
(#29163) AN ORDINANCE providing for the purchase of paging and
monitoring systems for fire stations; accepting a certain bid made to
the City for furnishing and delivering said system; rejecting all other
bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 607.)
Mr. Fjrvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- .7.
NAYS: None ......... O.
261
ACTION:
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of May, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report be received and flied.
motion was seconded by Mr. Trout and unanimously adopted.
The
PENSIONS: The Director of Finance submitted a written report
advising that the Code of the City of Roanoke covering the City Pension
Plan contains two sections concerning "Lump Sums" - Sections 22.1-52
and 22.1-71; that currently, if a member applies for retirement and the
monthly benefit is $50.00 or less, a lump sum payment is calculated;
that lump suns are based on age and the Pension Benefit Guaranty
Corporation (PBGC) annuity rate which is updated on the first day of
January in the calendar year the payment is made; that if the lump sum
payment is more than $1,750.00, the member is required to consent to
the lump sun payment; and if the lump sum is $1,750.00 or less, the
member is required to take the one time lump stun payment.
It was explained that after adoption of the City's ne~¢ retirement
system on July 1, 1984, the Retirement Equity Act of 1984 amended the
Employee Retirement Income Security Act (ERISA) to increase lump sum
payments from $1,750.00 to $3,500.00; that the monthly benefit is still
required to be $50.00 or less, however, the Director of Finance recom-
mended that the lump sum payment amount be increased from $1,750.00 to
$3,500.00, which allows the City's Pension Plan to eliminate small
monthly payments, $50.00 or less, for non-career employees, and provi-
des for operational efficiencies in the administration of the City
Pension Plan.
The Director of Finance reco~ended that Council adopt a measure
which increases the lump sun payments from $1,750.00 to $3,500.00, and
also updates the City's Pension Plan with guidelines established by
Federal regulations.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29164) AN ORDINANCE amending §§22.1-52, Lump sums, and 22.1-71,
Lump sums, Code of the City of Roanoke (1979), A's amended, to increase
the lump sun value of monthly retirement benefits requiring member con-
sent to payment in lump sum form from one thousand seven hundred fifty
dollars ($1,750.00) to thirty-five hundred dollars ($3,500.00); and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 608.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None ..... '0.~
PENSIONS: The Director of Finance submitted a written report
advising that Federal regulations enacted by the Age Discrimination in
Employment Amendments Act of 1986, the Omnibus Budget Reconciliation
Act of 1986, and the Tax Reform Act of 1986 require certain amendments
to Chapter 22.1, Pensions and Retirement, of the Code of the City of
Roanoke.
It was explained that the Code of the City of Roanoke governing
the Employees Retirement System, requires a mandatory retirement date
of age 70, except for elected officials; and creditable service is
allowed only to age 70 and calculating the highest average final com-
pensation is based on earnings prior to age 70; that the Code of the
City of Roanoke governing the Employees' Supplemental Retirement System
262
ACT[ON:
requires a mandatory retirement date of age 70, except for elected
officials; and creditable service is allowed only to age 70, and in
order to be eligible for membership in ESRS when first employed, the
employee must be under the age of 60.
Mr. Schlanger advised that mandatory retirement at age 70 was
eliminated, except for police officers and firefighters, effective
January 1, 1987; that accrual of creditable service after age 70 is not
required until July 1, 1988; that currently any person who is employed
or reemployed before the age of 60 shall become a member of ESRS; that
the City is no longer allowed to exclude new employees, age 60 or over,
from being a member of ESRS, however, the member must have five years
of creditable service upon termination to be eligible to receive a
benefit from ESRS.
The Director of Finance recommended adoption of a measure which
will bring the City's Pension Plan into compliance with Federal regula-
tions, advising that the measure ~uld amend Chapter 22.1, Pensions and
Retirement, as follows:
Eliminates mandatory retirement at age 70, except
for police officers and firefighters, in both ESRS
and ERS.
Allows accrual of creditable service after age 70
in ESRS and ERS.
Calculates the highest average final compensation
based on earnings prior to retirement in ERS in
lieu of prior to age 70.
Includes new employees as members of ESRS if
employed at age 60 or after, and provides eligibi-
lity for allowances if employee has five years of
creditable service upon termination.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29165) AN ORDINANCE amending and reordainin9 §22.1-2, Defini-
tions, subsection (b) of §22.1-3, Membership generally, subsection (a)
oF §22.1-41, Generally/, §22.1-42, Retirement a~e, subsections (a) and
(b) of §22.1-44, Normal service retirement, §22.1-55, Definitions, sub-
section (a) of §22.1-57, General]y, §22,1-58, Retirement age, and sub-
section (b) of §22.1-62, Retirement and service retirement allowance
~enerally., of the Code of the City of Roanoke (1979), as amended, the
amendments to the foregoing sections and subsections eliminating man-
datory retirement age for members of the Employees' Supplemental
Retirement System and the Employees' Retirement System except that
firefighters and deputized police officers shall be required to retire
upon attaining the age of seventy years; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 609.)
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................... 7.
NAYS: None ........... O.
BUDGET: The Director of Finance submitted a written report in
connection with close-out of accounts for completed capital projects,
advising that capital projects of various types have been approved for
construction over the past years; that the projects have included
construction in major categories for buildings, parks, highways, sani-
tary sewer, and storm drains; that funding is established for each pro-
ACTION:
ject when Council approves the construction based on the recon~nenda-
tions of the various bid committees and funding generally includes the
base bid construction costs, as well as funding for contingencies; and
completed projects often have relatively small amounts of contingency
funds remaining after final bills are paid because projects are
completed within the established budgets.
It was explained that close-out of projects authorized by Council
is needed in order to clear the completed projects from the current
project listing as well as to transfer the remaining funds from the
completed projects to capital projects still under construction or to
capital reserve accounts for future construction; and a proposed
budget ordinance itemizes the completed projects to be closed out, and
the accounts the remaining funds should be transferred into.
The Director of Finance recommended that Council authorize the
close-out of completed capital projects and the transfer of funds into
capital reserve accounts as included in a proposed budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29166)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 612.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
frout and Mayor Taylor- 7.
NAYS: None ................
REPORTS OF CO~IMITTEES:
BUDGET-CITIZENS' SERVICES COMMITTEE: Mr. Alphonso McCain, member
of the Citizens' Services Committee, presented a written report on
behalf of the Committee with regard to funding for qualified agencies.
It was explained that the Citizens' Services Committee budget was
established by Council, pursuant to Ordinance No. 29097, by which the
General Fund budget for fiscal year 1988-89 was adopted on May 12,
1988; that public notice for agencies to file applications for City
funds was published in local newspapers on February 11, 14, 18 and 21,
1988, with an application deadline of March 11, 1988; that 2g requests,
in the total amount of $636,056.50, were received from various agen-
cies; and agencies were notified of tentative allocation recommen-
dations and advised that they could appeal the Committee's tentative
recommendations.
It was further explained that the budget for fiscal year 1988-89
approved by Council for the Citizens' Services Con~nittee provides for
level funding, in the amount of $360,055.00; and performance audits are
conducted for each agency receiving funds through the Committee to eva-
luate the effectiveness and efficiency of funded programs.
The following was provided by the Citizens' Services Con~nittee for
the information of Council:
Citizens' Services Committee requests that
$7,500.00 be transferred to the Director of ii,nan
Services budget upon approval of City Council to
cover monitoring expenses.
Agencies submit a budget by objective and activity
when applying for funds through the Citizens'
Services Committee.
264
A schedule attached to the report shows recommended
funding for allocation to the various agencies.
The Committee requests that Council again appro-
priate $8,000.00 from the total budget for the
Roanoke City Health Department to continue opera-
tion of the "Especially For You" program concerning
family planning/sex education as an in-school
curricul t~n.
The deliberations of the committee are contained in
minutes of meetings on file in the City Clerk's
Office.
Appeals of committee recommendations as provided by
Council policy were received after notification to
each agency of its tentative recommended alloca-
tion. Two appeals were filed and were heard on
May 25, 1988.
The Legal Aid Society requested an appeal for
funding of an attorney Housing Advocate to
address the serious crisis in homelessness and
deteriorating housing in the Roanoke Valley.
The committee feels this is a needed service,
however, the committee voted to not fund The
Legal Aid Society due to level funding for
1988-89 and the organization needed a minimun
of $5,000.00-$10,000.00 to partially fund the
program.
Northwest Child Development Center requested
an appeal for additional operating funds for
maintenance to the bus that transports City
children to and from home to the center and
for sunmer field trips. After much discus-
sion, the committee voted to allocate an
additional $2,000.00 for one year to the
Northwest Chi ld Development Center for
operating expenses to cover maintenance of its
bus.
TRUST requested an appeal for the Traveler's
Assistance Program which provides assistance
to stranded travel ers. After much discussion,
the committee voted an additional allocation
of $2,000.00 for one year specifically for the
Travel er' s Assistance Program.
The Association for Retarded Cittzens/CHD Indus-
tries and Tinker Mountain Industries were again
funded jointly based on the similarity of services
performed.
$44,600.00 is recon~ended to the Association
for Retarded Citizens to be shared with Tinker
Mountatn Industries and the Association for
Retarded Citizens to continue as an advocate
for Roanoke City residents in both agencies.
The formula used will be based on the nmber
of Roanoke City residents served.
The committee does not recommend funding for the
Harrison Heritage and Cultural Center in view of
the funding approved by Council in the 1988-89
budget,
The committee recommends that $1,000.00 be allo-
cated for the Inner-City Athletic Association and
designated through the Community Organization for
Research and Development because of the shared pur-
pose of providing recreational sports programs for
children of low-income families.
265
The committee recommends that $100,000.00 be allo-
cated to the Roanoke Life Saving Crew and
Willtamson Road Life Saving Crew through the budget
of Emergency Services to provide more coordinated
use of the funds.
The committee recommends that $21,500.00 be allo-
cated to The Salvation Army and that a contract be
executed with The Salvation Army for the provision
of services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
The committee recommends that $22,200.00 be allo-
cated to the Unified Human Transportation Systems,
[nc., (RADAR) through Valley Metro in order that
Valley Metro may receive credit for providing
transportation to the handicapped.
The committee recommends that $1,000.00 be allo-
cated to Youth Support Services through the budget
of the Court Services Unit to provide for program
supervision and administration.
The committee is unable to set aside funds for
emergencies in the coming years.
The following recommendations were submitted by the Citizens'
Services Committee for consideration by Council:
Council concur with the funding of agencies in the
amounts recommended as indicated on a schedule
attached to the report.
Council authorize the Chairman of the Citizens'
Services Committee and the Director of Finance to
not release funds to any agency until objectives,
activities and other reasonable requests of the
monitoring staff are submitted and accepted.
Transfer $7,500.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to Director of Human Resources, Fees
for Professional Services, Account No. 001-054-
12/0-2010, for payment of performance audits.
Transfer $8,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Roanoke City Health Depart-
ment, as a line item in the Health Department
budget, Account No 001-054-5110-372/.
Transfer $21,500,00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Director of Human Resources,
Fees for Professional Services, Account No. 001-
054-1270-2010, for payment of services for the
Homeless Housing Program and/or Abused Women's
Shelter provided to City citizens by the Salvation
Army.
Authorize the City Manager or his designee to nego-
tiate a contract for $21,500.00 with the Salvation
Army for the provision of services to City citizens
under the Homeless Housing Program and/or Abused
Women's Shelter. Council will be asked to
authorize the execution of the contract after it
has been negotiated.
266
ACTION:
ACTION:
ACTION:
Transfer $100,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Emergency Services budget,
Account No. 001-0054-5220-3700, Subsidies Lo Life
Saving Cre~s, for the Roanoke and Williamson Road
Life Saving Crews.
Transfer $1,000.00 from the Citizens' Services
Committee budget, Account No. 001-054-5220-3700,
Contributions, to the Juvenile Court Services Unit
budget, Account No. 001-076-2130-2010, Fees for
Professional Services, for Youth Support Services.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29167)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 614.)
Mr. Harvey moved the adoption of the Ordinance. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council ,Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ 7.
NAYS: None .................
-0.
Mr. Harvey offered the following Resolution:
(#29168) A RESOLUTION concurring in the recommendation of the
Citizens' Services Committee for allocation of City funds to various
agencies.
(For full text of Resolution, see Resolution Book No. 50, page 615.)
Mr. Harvey moved the adoption of the Resolution. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ -7.
NAYS: None .............
PARKS AND PLAYGROUNDS: Mr. Jack D. Hayslett, Chairman, Citizens'
Advisory Committee on City-Wide Parks Study, appeared before Council
and presented a written report of the Committee, with regard to the
proposed Parks Implementation Program- Phase II.
Mr. Hayslett advised that the program represents a continuation of
the last eight years of joint efforts with the citizens of the City of
Roanoke to provide close-to-home quality recreation opportunities. He
said the committee considers the cost of the on-going program as an
investment in the City's neighborhoods and the City as a whole. In
recommending the one million dollar program to Council, Mr. Hayslett
pointed out that the Con~nittee recognizes that many needs for enhancing
the City's recreational facilities are yet to be addressed, therefore,
continuation of these efforts and public investment will remain criti-
cal in years ahead.
The Citizens' Advisory Committee on City-Wide Parks Study recom-
mended that Council adopt the Proposed Parks Plan Implementation
Program, Phase II, as a guide for the allocation of the park bond funds
and other available resources.
(For full text,.see report on file in the City Clerk's Office.)
Mr, Bowers moved Lhat Council concur in the recon~nendation of the
Citizens' Advisory Committee on City-Wide Parks Study. The motion was
seconded by Mr. Garland and unanimously adopted.
m
ACT[ON:
ACT[ON:
ACT[ON:
A communication from the Greater Raleigh Court Civic League in
support of Phase Ill of the Parks Plan Implementation Program was
before Council.
(For full text, see communication on file in the City Clerk's Office,)
The City Manager submitted a written report concurring in the
recommendation of the Con)nittee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey moved that the report of the City Manager and com-
munication from the Greater Raleigh Court Civic League be received and
filed. The motion was seconded by Mr. Musser and unanimously adopted.
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for air conditioning and related work at Mountain View
Recreation Center, 714 Thirteenth Street, S. W., presented a written
report on behalf of the committee transmitting the following recommen-
dations:
Authorize the City Manager to enter into a contrac-
tual agreement with Johnston-Vest Electric Corpora-
tion for the project, in accordance with contract
doc~nents as prepared by the City Engineer's
Office, in the amount of $10,896.00 and thirty con-
secutive calendar days for completion.
Appropriate $13,000.00 from the CMERP account to be
transferred to the Capital Projects fund to an
account to be established by the Director of
Finance; $10,896.00 contract amount plus $2,104.00
project contingency amount.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29169) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 615.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor .................. 7.
NAYS: None .......... O.
Mro Garland offered the following emergency Ordinance:
(#29170) AN ORDINANCE accepting the bid of Johnston-Vest Electric
Corporation for performing air conditioning and related work at
Mountain View Center, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 616.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
267
268
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor-- 7.
NAYS: None ..............
BUDGET-PUBLIC WORKS: Council Member Robert A. Garland, Chairman
of a committee appointed by the Mayor to tabulate bids received for a
radiant heat system for the garage at the Public Works Service Center,
presented a written report on behalf of the committee, transmitting
the following recommendations:
Authorize the City Manager to enter into a contrac-
tual agreement with Joe A. Prillaman Heating & Air
Conditioning, Inc., for a radiant heat system for
the Garage at the Public Works Service Center, in
accordance with contract documents as prepared by
the City Engineer's Office, in the amount of
$45,090.00 and 26'consecutive calendar days.
Appropriate $47,400.00 from the following account
to Account No. 001-052-4330-3056:
Maintenance of Fixed Assets
Account No. 001-002-9410-2201
$47,400.00
$45,090.00 for contract amount and $2,310.00 for
project contingency amount, for a total of
$4/,400.00.
The City Manager submitted a written report concurring in the
recommendations of the committee,
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29171)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 616.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........................ 7.
NAYS: None ..............................
Mr. Garland offered the following energency Ordinance:
(#29172) AN ORDINANCE accepting the bid of Joe A. Prillaman
Heating & Air Conditioning, Inc., for installation of a radiant heat
system in the Public Works Service Center Garage, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an ~mergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 617.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor- 7.
NAYS: None- O.
269
ACTION:
AIRPORT: A report of the committee appointed to tabulate bids
received for bitantnous concrete overlays and pavement profiling of
various streets within the City of Roanoke, having previously placed a
report on the agenda, Council Member Robert A. Garland, Chairman of the
committee, moved that consideration of the matter be deferred until the
next regular meeting of Council to be held on Monday, June 27, 1988, at
2:00 p.m. The motion was seconded by Mr. Harvey and unanimously
adopted.
UNFINISHED BUS[NESS: NONE,
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29146 permanently vacating,
discontinuing and closing a portion of the alleyway in Block 32, of the
Deanwood, between Wenonah Street and 7th Street, N. E., running from
Wenonah Street in an easterly direction to a point ten feet from the
eastern lot line of Lot 19 of said block, having previously been before
the Council for its first reading on Monday, June 13, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Garland offering the following for its second reading and final
adoption:
(#29146) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, subject to certain con-
ditions; and establishing an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 599.)
ACTION: Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the fol]owing vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............................................... 7.
NAYS: None ............
-0.
ZONING: Ordinance No. 29147 rezoning a tract of land containing
0.719 acre, more or less, lying in the southwest quadrant of the inter-
section of Orange Avenue, N. E., and King Street, N. E., described as
Official Tax No. 7090511, from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered con-
ditions, having previously been before the Council for its first
reading on Monday, June 13, 1988, read and adopted on its first reading
and laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29147) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 600.)
ACTION: Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr, Harvey and adopted by the fo]lowing vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........... 7.
NAYS: None .......................
ZONING: Ordinance No. 29148 rezoning a tract of land containing
approximately 10.74 acres, located on the easterly end of Sand Road,
N. E., designated as Official Tax Nos.. 3250801 - 3250804, respectively,
from RM-2, Residential Multi-Family District, to tM, Light Manufactu-
ring District, subject to certain proffered conditions, having pre-
viously been before the Council for its first reading on Monday,
June 13, 1988, read and adopted on its first reading and laid over, was
again before the body, Mr. Musser offering the following for its second
reading and final adoption:
270
ACTION:
ACT[ON:
(#29148) AN ORDINANCE to amend {}36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 325, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 601.)
Mr. Musser moved the adoption of the Ordinance. The motion was
seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............. 7.
NAYS: None .....................
STREETS AND ALLEYS: Ordinance No. 29150 permanently vacating,
discontinuing and closing an alley running between Montclair Avenue and
Kenwood Boulevard, S. E., more specifically running between Lots 19 and
20, Block 16, and approximately 128.1 feet in length, having previously
been before the Council for its first reading on Monday, June 13, 1988,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29150) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter, upon certain conditions;
authorizing and directing the construction of a turnaround at the end
of the vacated right-of-way; authorizing the execution of an agreement
pertaining to the construction of the turnaround; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Garland.
Mr. Kenneth R. Sharp, 1906 Kenwood Boulevard, S. E., appeared
before Council and advised that he was told that the second reading of
the ordinance would not be a speaking period; therefore, he was not
prepared to make remarks.
Mr. Sharp called attention to a petition signed by eleven people
in favor of the alley closing. He pointed out that the matter was pre-
sented to Council over a year and one-half ago on the basis of a safety
issue. He said he has agreed to pay for a turnaround to meet City Code
requirements so that those individuals who are in opposition to the
alley closing will have access to their garages and garden areas from
Fallon Road, from Montclair Avenue and from Greenbrier Avenue, S. E.
He cited instances of vandalism, property damage, obscene language,
undesirable persons using the alley, fights and domestic quarrels, etc.
He said by closing the alley, these types of activities will be cur-
tailed. He mentioned that some of the persons in opposition live
several blocks away from the alley, and therefore are not familiar with
the activities that occur. He asked that Council vote for the safety
and wellbeing of his family by adopting the appropriate measure to
close the alley.
Ms. Georgie Howell, 1827 Kenwood Boulevard, S. E., appeared before
Council and advised that closure and/or blocking the alley would cause
foot traffic to divert to her yard. She said that blocking the alley
would eliminate a more convenient means of access to her garden plot.
She stated that she has not personally witnessed any of the incidents
referred to by Mr. Sharp.
Ms. Fern Greenway, 1814 Kenwood Boulevard, S. E., appeared before
Council and advised that objections which were raised at the Council
meeting on June 13, 1988, did not seem to be addressed by the Council.
She said she spent a considerable amount of money renovating her garage
when she purchased her home through the Rehabilitation Program, and she
271
would be denied access to the garage if the alley in question is
closed. She stated that she has not experienced problems with van-
dalism; that she follows an erratic work schedule which causes her to
leave her home at 3:00 a.m., or 4:00 a.m., in the morning and she has
observed none of the incidents referred to by Mr. Sharp. She said
refuse trucks continue to use the alley without difficulty. She added
that the message she received last week from the vote of Council
following considerable discussion by residents, but very little
discussion on the part of Council, was that senior citizens are not
heard.
m
Ms. Salley Fronk, 1834 Kenwood Boulevard, S. E., appeared before
Council and read a statement from her husband who could not be present
at the meeting, requesting that Council reconsider the vote to the
alley from Kenwood Boulevard to Montclair Avenue, S. E.; advising that
citizens were not treated fairly at the Council meeting on June 13
inasmuch as several citizens who wished to speak were not recognized,
and it was felt that no decision should have been made by the Council
until all parties involved were heard. He pointed out that he does not
have a driveway beside his house; therefore, his garage can only be
reached by way of the alley requested to be closed. He noted that in
bad weather he cannot reach his garage because of a steep grade by way
of Greenbrier Avenue. On behalf of senior citizens and other persons
who will be affected by the closure of the alley, he requested that
Council deny Mr. Sharp's request. Mrs. Fronk said that she and her
husband are not against Mr. Sharp purchasing the necessary property for
a private drive as long as affected citizens are provided with access
from Kenwood Boulevard. She pointed out that if the City will provide
the necessary right-of-way, the citizens in the area will construct
their ovm entrance.
m
ACT[ON:
The Mayor advised that the City has been unable to find a position
by which the members of the immediate area can agree. He said he would
be willing to meet with members of the community to try to reach a
satisfactory compromise and suggested that Council delay the vote on
the second reading of Ordinance No. 29150.
It was agreed by a majority of the citizens in attendance that a
meeting to be held in the neighborhood would be beneficial.
Mr. Harvey offered a substitute motion that the vote on the second
reading of Ordinance No. 29150 be held in abeyance; and that the Mayor
and any Member of Council who would care to attend, the City Manager
and the Director of Public Works be requested to meet with citizens in
the community to try to reach a satisfactory compromise and report back
to Council at a later date. The motion was seconded by Mrs. Bowles and
unanimously adopted.
COUNCIL: Mr. Garland offered the following Resolution providing
that the regular meeting of the Council of the City of Roanoke sche-
duled for 7:30 p.m., on Monday, July 11, 1988, shall be held at
8:00 p.m., on the same date:
ACTION:
(#29173) A RESOLUTION providing that the regular meeting of the
Council of the City of Roanoke scheduled for 7:30 p.m. on July 11,
1988, shall be held at 8:00 p.m. on the same date.
(For full text of Resolution, see Resolution Book No. 50, page 618.)
Mr. Garland moved the adoption of the Resolution. The motion was
seconded by Mr, Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ....... 7.
NAYS: None ............
O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER I~ARINGS OF CITIZENS: NONE.
272
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
At 4:05 p.m., the Mayor declared the meeting in recess.
At 5:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
WATER DEPARTMENT-LANDMARKS: The Mayor advised that the one year
terms of David H. Burrows, Lucian A. Durham, Jr., James N. Kincanon,
Philip H. Lemon, Richard L. Meagher, James B. Osborne, Thomas D.
Taylor, Robert W. Woody and James H. Buck as members of the Advisory
Committee - Crystal Spring Pumping Station, will expire on June 30,
1988; that Messrs. Durham and Osborne have declined to serve another
term; and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of David H. Burrows,
Philip H. Lemon, Thomas D. Taylor, Robert W. Woody, James H. Buck and
James N. Kincanon.
There being no further nominations, Messrs. Burrows, Lemon,
Taylor, Woody, Buck and Kincanon were reelected as members of the
Advisory Committee - Crystal Spring Pumping Station, for terms of one
year each ending June 30, 1989, by the following vote:
FOR MESSRS BURROWS, LEMON, TAYLOR, WOODY, BUCK AND KINCANON:
Council Members Bowers, Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor .......... 7.
Mrs. Bowles moved that the City residency requirement for Mr. Buck
be waived in this instance. The motion was seconded by Mr. Musser and
unanimously adopted.
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
terms of Robbie H. Burton, James D. Ritchie, Stanley R. Hale, Harold P.
Kyle, Raleigh Campbell, Bernice F. Jones and Alphonso McCain as members
of the Citizens' Services Committee will expire on June 30, 1988, and
called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of James O. Ritchie,
Stanley R. Hale, Bernice F. Jones, Raleigh Campbell, Robbie H. Burton
and Alphonso McCain.
There being no further nominations, Mr. Ritchie, Mr. Hale, Ms.
Jones, Mr. Campbell, Ms. Burton and Mr. McCain were reelected as mem-
bers of the Citizens' Services Committee for terms of one year each
ending June 30, 1989, by the following vote:
FOR MR. RITCHIE, MR. HALE, MS. JONES, MR. CAMPBELL, MS. BURTON AND
MR. MCCAIN: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor-- 7.
Mrs. Bowles moved that the City residency requirement for Mr.
Ritchie be waived in this instance. The motion was seconded by Mr.
Musser and unanimously adopted.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that the three
year terms of L. Graham Haynie, Jack C. Smith and William F. Hawkins as
members of the Economic Development Commission will expire on June 30,
1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of L. Graham Haynie,
Jack C. Smith and William F. Hawkins.
There being no further nominations, Messrs. Haynie, Smith and
Hawkins were reelected as members of the Economic Development
Commission for terms of three years each ending June 30, 1991, by the
fol 1 Dwi ng vote:
FOR MESSRS. HAYNIE, SMITH AND HAWKINS: Council Members Bowers,
Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor .............. 7.
PLANNING (FIFTH PLANNING DISTRICT COMMISSION): The Mayor advised
that the three year terms of Ross C. Hart and John R. Marlles as mem-
bers of the Fifth Planning District Commission will expire on June 30,
1988, and called for nominations to fill the vacancies.
273
ACT lON:
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination the name of John R. Marlles.
There being no further nominations, Mr. Marlles was reelected as a
member of the Fifth Planning District Commission for a term of three
years ending June 30, 1991, by the following vote:
FOR MR. MARLLES: Council Members Bowers, Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor-- 7.
FLOOD CONTROL: The Mayor advised that the one year terms of Edgar V.
Wheeler, Read A. Lunsford, J. T. Hopkins, Jr., Jim Sailors, George L.
Pitzer, James F. Williams, Robert H, Bennett, Jr., Charles F.
Herberger, Charles R. Minter and Terry N. Grimes as members of the
Flood Plain Committee, will expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Edgar V. Wheeler,
Read A. Lunsford, J. T. Hopkins, Jr., Jim Sailors, George L. Pitzer,
James F. Williams, Robert H. Bennett, Jr., Charles F. Herberger,
Charles R. Minter and Terry N. Grimes.
There being no further nominations, Messrs. Wheeler, Lunsford,
Hopkins, Sailors, Pitzer, Williams, Bennett, Herberger, Minter and
Grimes were reelected as members of the Flood Plain Committee for
terms of one year each ending June 30, 1989, by the following vote:
FOR MESSRS. WHEELER, LUNSFORD, HOPKINS, SAILORS, PITZER, WILLIAMS,
BENNETT, HERBERGER, MINTER AND GRIMES: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ...................... 7.
'Mrs. Bowles moved that the City residency requirement for Messrs.
Sailors and Herberger be waived in this instance. The motion was
seconded by Mr. Musser and unanimously adopted.
SCHOOLS: The Mayor advised that the one year terms of Beverly T.
Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Deartng, Warner N. Dalhouse, Katherine A. Roche and Vaunda Leftwich as
members of the Jefferson High School Committee will expire on June 30,
1988, and called for nominations to ltl] the vacancies.
Mrs. Bowles placed in nomination the names of Beverly T.
Fitzpatrick, Sr., Horace G. Fralin, Theodore J. Edlich, III, Richard A.
Dearing, Warner N. Da]house, Katherine A. Roche and Vaunda Leftwich.
There being no further nominations, Mr. Fitzpatrick, Mr. Fralin,
Mr. Ed]ich, Mr. Dearing, Mr. Da]house, Ms. Roche and Ms. Leftwich were
reelected as members of the Jefferson High School Committee for terms
of one year each ending June 30, 1989, by the fo]lowing vote:
FOR MR. FITZPATRICK, MR. FRALIN, MR. EDLICH, MR. DEARING, MR.
DALHOUSE, MS. ROCHE AND MS. LEFTWICH: Council Members Bowers, Bow]es,
Garland, Harvey, Musser, Trout and Mayor Taylor ...................... 7.
PARKS AND PLAYGROUNDS: The Mayor advised that the one year terms
of Robert N. Fishburn, M. Carl Andrews, Betty C. Winfree, Car] H.
Kopitzke, Frances S. Boon and L. Thompson Hanes as members of the Mill
Mountain Development Committee will expire on June 30, 1988, and called
for nominations to fill tile vacancies.
Mrs, Bowles placed in nomination the names of M. Carl Andrews,
Betty C. Winfree, Carl H. Kopitzke, Frances S. Boon and L. Thompson
Hanes.
There being no further nominations, Mr, Andrews, Ms. Wtnfree, Mr.
Kopttzke, Ms. Boon and Mr. Hanes were reelected as members of the Mill
Mountain Development Committee for terms of one year each ending
June 30, 1989, by the roi]owing vote:
FOR MR. ANDREWS, MS. WINFREE, MR. KOPITZKE, MS. BOON AND MR.
HANES: Council Members Bowers, Bowles, Gar]and, Harvey, Musser, Trout
and Mayor Taylor ............................. 7.
PERSONNEL: The Mayor advised that the three year terms of R. P.
Shelor, Mozelle A. Scott and John R. Larew as members of the Personnel
and Employment Practices Commission will expire on June 30, 1988, and
called for nominations to fill the vacancies.
274
ACTION:
ACTION:
ACTION:
ACTION:
Mrs. Bowles placed in nomination the names of R. P. Shelor,
Mozelle A. Scott and John R. Larew.
There being no further nominations, Mr. Shelor, Ms. Scott and Mr.
Larew were reelected as members of the Personnel and Employment
Practices Commission for terms of three years each ending June 30,
1991, by the following vote:
FOR MR. SHELOR, MS. SCOTT AND MR. LAREW: Council Members Bowers,
Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ..............
TAXES: The Mayor advised that the two year terms of Maury L.
Strauss, Percy T. Keeling and James R. Sprinkle as members of the
Revenue Study Co.~nission will expire on June 30, 1988, and called for
nominations to fil! the vacancies.
Mrs. Bowles placed in nomination the name of Maury L. Strauss,
Percy T. Keeling and James R. Sprinkle.
There being no further nominations, Mr. Strauss, Mr. Keeling and
Mr. Sprinkle were reelected as members of the Revenue Study Commission
for terms of three years each ending June 30, 1991, by the following
vote:
FOR MR. STRAUSS, MR. KEELING AND MR. SPRINKLE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ......
ROANOKE ARTS COMMISSION: The Mayor advised that the three year
terms of John W. Creasy, Elizabeth H. Muse, Kemper A, Dobbins and
Timothy L, Jamieson as members of the Roanoke Arts Con~nission will
expire on June 30, 1988, and called for nominations to fill the vacan-
cies.
Mrs. Bowles placed in nomination the names of John W. Creasy,
Elizabeth H. Muse, Kemper A. Dobbins and Timothy L. Jamieson.
There being no further nominations, Mr. Creasy, Ms. Muse, Mr.
Dobbins and Mr. Jamieson were reelected as members of the Roanoke Arts
Commission for terms of three years each ending June 30, 1991, by the
following vote:
FOR MR. CREASY, MS. FfJSE, MR. DOBBINS AND MR. JAMIESON: Council
Members Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor.
Taylor ....................... 7.
LIBRARIES: The Mayor advised that the three year terms of
Frank J. Eastburn, Dean H. Morrow, Evans B. Jessee and Gertrude Lowery
as members of the Roanoke Public Library Board, will expire on June 30,
1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Frank J. Eastburn,
Dean H. Morrow and Evans B. Jessee.
There being no further nominations, Mr. Eastburn, Ms. Morrow and
Mr. Jessee were reelected as members of the Roanoke Public Library
Board, for terms of three years each, ending June 30, 1991, by the
fol 1 owl ng vote:
FOR MR. EASTBURN, MS. MORROW AND MR. JESSEE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ...... 7.
CELEBRATIONS: The Mayor advised that the one year terms of
Katherine A. Roche, Dana B. Lee, Carol B. Dalhouse, Marionette Sprauve'
Boreham Boyd Johnson, Greg Feldmann, Samuel G. Oakey, Jr., Marc J.
Small, James C. Butler, Greg T. Trafidlo, Monica Loughridge and
Elizabeth A. Muller as members of the Special Events Committee will
expire on June 30, 1988, that Ms. Muller has declined to serve another
term, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Katherine A. Roche,
Dana B. Lee, Carol B. Dalhouse, Marionette Sprauve', Boreham Boyd
Johnson, Greg Feldmann, Samuel G, Oakey, Jr., Marc J. Small, James C.
Butler, Greg T. Trafidlo and Montca Loughridge.
275
There being no further nominations, Ms. Roche, Ms. Lee, Ms.
Dalhouse, Ms. Sprauve', Mr. Johnson, Mr. Fe]dmann, Mr. Oakey, Mr.
Small, Mr. Butler, Mr. Trafidlo and Ms. Loughridge were reelected as
members of the Special Events Committee for terms of one year each
ending June 30, 1989, by the following vote:
ACTION:
FOR MS. ROCHE, MS. LEE, MS. DALHOUSE, MS. SPRAUVE', MR. JOHNSON,
MR. FELDMANN, MR. OAKEY, MR. SMALL, MR. BUTLER, MR. TRAFIDLO AND MS.
LOUGHRIDGE: Council Members Bowers, Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ......... 7.
WAR MEMORIAL: The Mayor advised that the one year term of
Thomas R. Plymale, William B. Bagbey and Alfred C. Moore as members of
the ~ar Memorial Committee will expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowl es placed in nomination the names of Thomas R. Plymale,
William B. Bagbey and A1 fred C. Moore.
ACTION:
ACT[ON:
There being no further nominations, Mr. Plymale, Mr. Bagbey and
Mr. Moore were reelected as members of the War Memorial Committee for
terms of one year each ending June 30, 1989, by the following vote:
FOR MR. PLYMALE, MR. BAGBEY AND MR. MOORE: Council Members
Bowers, Bowles, Garland, Harvey, Musser, Trout and Mayor Taylor ...... 7.
Mrs. Bowles moved that the City residency requirement be waived
for Mr. Plymale in this instance. The motion was seconded by Mr.
Musser and unanimously adopted.
PENSIONS: The Mayor advised that the four year term of Delmar L.
Irving, and the two year term of Frances S. Boon as members of the
Board of Trustees, City of Roanoke Pension Plan, will expire on
June 30, 1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Delmar L. Irving and
Frances S. Boon.
ACTION:
There being no further nominations, Mr. Irving was reelected for a
term of four years ending June 30, ]992, and Ms. Boon was reelected for
a term of two years ending June 30, 1990, as members of the Board of
Trustees, City of Roanoke Pension Plan, by the following vote:
FOR MR. IRVING AND MS. BOON: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor ........ 7.
FIRE DEPARTMENT: The Mayor advised that the four year terms of
Ronald O. Crawford, Michael K. Quinn and Ross C. Hart as members of the
Board of Fire Appeals wi]l expire on June 30, 1988, and called for
nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Ronald O. Crawford
and Michael K. Quinn.
ACTION:
There being no further nominations, Messrs. Crawford and Quinn
were reelected as members of the Board of Fire Appeals for terms of
four years each ending June 30, 1992, by the following vote:
FOR MESSRS. CRAWFORD AND C~JINN: Council Members Bowers, Bowles,
Garland, Harvey, Musser, Trout and Mayor Taylor .......... 7.
There being no further business, the Mayor declared the meeting
adjourned at 5:30 p,m,
APPROVED
~~.~j~.ATTE ST: ~
City Clerk
276
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 27, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, June 21, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
a ' of Section 2-15, Rules of Procedure, Code of the City of Roanoke
s amended.
PRESENT: Council Members Elizabeth T. Bowles, Robert A. Garland,
James G. Harvey, II, Howard E. Musser, James O. Trout and Mayor Noel C.
Tayl or ................... .6.
ABSENT: Council Member David A. Bowers--
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wi]burn C. Dibling, Jr., City Attorney; Jesse A. Hall, Administrator of City
Accounting Services; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ethel Eaves,
Associate Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
On June 30, 1988, the four year term of Council Member James G.
Harvey, II, will expire. In recognition of services rendered by
Council Member Harvey to the citizens of the City of Roanoke during his
tenure as Vice-Mayor and Council Member from July 1, 1980 through
June 30, 1988, the Mayor and Members of Council expressed sincere
appreciation.
ACTION:
Mr. Musser offered the following Resolution:
(#29174) A RESOLUTION recognizing and commending the Honorable
James G. Harvey, II, Member of City Council.
(For full text of Resolution, see Resolution Book No. 50, page 618.)
Mr. Musser moved the adoption of Resolution No. 29174. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout and Mayor
Tayl or ......... ---5.
NAYS: None ........ O.
(Council Member Bowers was absent.) (Council Member Harvey abstained
from voting. )
ACTION: Mr. Garland presented Mr. Harvey with a framed copy of Resolution
No. 29174.
ACTION: Mrs. Bowles presented Mr. Harvey with a framed Certificate of
Appreciation.
ACTION:
ACTION:
Mr. Trout presented Mr, Harvey with a Virginia Cup with the
Roanoke City Seal affixed thereto.
Mr. Musser presented Mr. Harvey with an engraved plaque setting
forth his years of service.
Further tribute was paid to Mr. Harvey at a reception in his honor
on June 27, 1988, at 4:00 p.m., in the Atri~n of the Roanoke City
Courthouse.
277
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
FIRE DEPARTMENT: A report of the City Manager with regard to the
the Municipal Fire Alarm System, was before Council.
The City Manager advised that information was requested by Council
Member Harvey concerning the alarms received on the MFAS since the
9-1-1 telephone systen went live on October 5, 1987, and transmitted a
summary of all alarms received on the MFAS from October 5, 1987,
through May 31, 1988.
Total number of alarms received
Total number of false al arms
Percentage of false al arms
497
428
86%
Sources of false alarms:
Residential Street Boxes
Non-Residential Street
Boxes
Master Boxes
Master Boxes
182 Malicious False
A1 arms
19 Malicious Fal se
A1 arms
24 Malicious Fal se
A1 arms
203 Non-Mal icious
False A1 arms
It was noted that the percentage of false alams received through
the MFAS has remained high; that statistics and other issues related to
the MFAS have been evaluated in a draft report currently being reviewed
by the City Administration; and although the review is not complete,
significant changes in the MFAS will be required to accomplish the two
key objectives, viz:
Maintain a certatn level of Municipal Fire
Alarm System for public safety purposes.
2. Significantly reduce the fa1 se alarm
experience caused by this system.
The City Manager advised that a report and recommendation will be
presented to Counctl later in the year.
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......................... 6.
NAYS: None ........................
(Council Member Bowers was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
278
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs, Bowles
and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......... 6.
NAYS: None---
(Council Member Bowers was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
AIRPORT: A communication from Mr. Wilburn C. Dibling, Jr.,
General Counsel, Roanoke Regional Airport Commission, advising that in
accordance with the requirements of the Roanoke Regional Airport
Commission Act, the Commission transmitted its 1988-89 budget to the
City of Roanoke and to Roanoke County by letter dated February 12,
1988; and since the budget did not include any deficit, to date neither
participating political subdivision has formally approved the budget,
was before Council.
It was explained that the Commission has been advised by its bond
counsel that, although not required, formal approval by resolution of
the Co~nission's budget would be appropriate; therefore, Mr. Dibling
transmitted copy of the Roanoke Regional Airport Commission's budget
for fiscal year 1988-89 to Council for approval by resolution.
(For full text, see communication on file in the City Clerk's Office.)
A joint report of the City Manager and the Director of Finance
advising that they have reviewed the report of General Counsel for
fiscal year 1988-89 Roanoke Regional Airport Commission budget, and
concur in Mr. Dibling's recommendation to adopt a resolution approving
same, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29175) A RESOLUTION approving the Roanoke Regional Airport
Commission budget for FY 1988-1989, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 619.)
Mrs. Bowles moved the adoption Resolution No. 19175. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......... 6.
NAYS: None ............
(Council Member Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council close 34 school grants which have been
completed, advising that a net decrease in appropriation of $227,535.00
is the result of changes in Chapter I budgets and adjustments in other
programs according to the level of participation by eligible students,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
279
m
m
A report of the Director of Finance advising that he has reviewed
the request of the School Board to close certain grants; that the
grants have been completed and transmitting a budget ordinance which
will adjust the budget for each grant to the amount of actual revenue
received and expenditures incurred; and recolnmending that Council con-
cur in the request of the School Board, was also before the body.
The grants to be closed are as follows:
Chapter ! Winter 124-87-1
Chapter ! Summer 124-87-2
Chapter I Carryover 124-87-3
Chapter ![ 86
Vocational Guidance 86
Alternative Education 87
Licensed Practical Nursing
Transitional Services 86
Special Education !nservice 86
Bureau of Crippled Children 87
Juvenile Detention Home 87
Child Development Clinic 87
Special Education Program Evaluation
Transitional Services 87
Special Education Tuition 87
Special Education Inservice 87
Preschool Incentive 87
Traffic Safety Program
ABE Dissemination Conference
GED Test 87
Apprenttceship 87
ABE/DIAL 87
Vocational Guidance 87
Vocational Equipment 87
Writer in Residence 86
Artist in Education 87
Impact Aid 87
Instructional Services for Disadvantaged
Roanoke Valley Consortian School Divisions
Governor's School 87
Project Discovery 87
Regional Science Fair 87
Chess Program 87
Energy Management System
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
ACTION:
(#29176) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 620.)
Mr. Trout moved the adoption of Ordinance No. 29176. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......... ' ...... 6.
NAYS: None ..... ' ...... O.
(Council Member Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $217,140.00 in capital funds,
advising that the funds will be used to meet safety requirements of the
Virginia Public Building Safety !mprove~ents Act as applied to school
buildings, was before the body,
The School Board further requested that Council appropriate funds
to the following school accounts:
280
Grant. No. 6414 - $35,680.00 for the 1988 Summer
Youth Title [[-A Program to pro-
vide teenage mothers specialized
training in marketable occupa-
tions, and also provide vocational
training for vocational trades
students during the summer months.
The program is one hundred per
cent reimbursed by Federal funds.
Grant No. 6563 - $585,689.00 for the 1988-89 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The program is
one hundred percent reimbursed by
state and federal funds.
Grant No. 6564 - $42,512.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6565 - $53,127.00 for the Bureau of
Crippled Children Program to pro-
vide funds for the salary and
expenses of the educational coor-
dinator at the bureau. The
program is one hundred percent
reimbursed by state funds.
Grant No. 6566 - $34,121.00 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the educational coordinator at
the home. The program is one
hundred percent reimbursed by
state funds.
Grant No. 6733 - $110,854.00 for the 1988-89
Apprenticeship Program to provide
on-the-job and classroom voca-
tional instruction for students in
the apprenticeship program. The
program is one hundred percent
reimbursed by state funds.
Grant No. 6734 - $97,806.00 for the ABE/DIAL
Program to provide funds for adult
basic education for persons who
have not completed high school and
for the instruction of adults,
using recorded tapes accessed by
telephone. The program is reim-
bursed in the amount of $75,806.00
by federal funds with local match
in the amount of $22,000.00.
Grant No. 6735 - $6,988.00 for the GED Testing
Program to provide instructors for
the administration of the GED exa-
minations. The source of funds
will be student fees.
Grant No. 6940 - $620,969.00 for the 1988-89
Governor' s School Program to
provide science instruction to
gifted high school students from
Roanoke City and six other school
ACT[ON:
divisions. The program will be
supported by state funds and
tuition collected from the school
divisions which enroll students at
the school.
Grant No. 6941 - $32,215.00 for the Impact Aid
Program to provide funds for the
continuing ~pl oyment of the
Coordinator of Grants and
Research. The program is one
hundred percent reimbursed by
federal funds.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that eight of the
grants are funded with one hundred per cent Federal or State funding or
tuition; that the ABE DIAL grant requires a local match of $22,000.00,
and the Governor's School grant requires a local match of $166,500.00;
and funding for the local match amounts iS available in the Instruction
category for the fiscal year 1988-89 Education portion of the General
Fund, in the following accounts, was also before the body.
Matching Funds {001-060-6001-6450-0588) $ 22,000.00
Tuition (001-060-6001-6307-0382) 166,500.00
The Director of Finance recom~nended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#2917/) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 623.)
Mr. Trout moved the adoption of Ordinance No. 2917/. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ............. 6.
NAYS: None .....................
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NO)~.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES: The Assistant City Manager submitted a written
report on behalf of the City Manager with regard to automobile mileage
reimbursement, advising that mileage reimbursement at the rate of .21~
per mile for the first 15,000 miles and .110F per mile for additional
travel per fiscal year has been made to City employees utilizing their
personal automobiles in the performance of City business; noting that
the rate was established on September 25, 1988.
It was explained that mileage reimbursement rates paid by the
Commonwealth have been increased by action of the 1988 General Assembly
establishing the following rates:
282
ACT[ON:
.2251~ per mile for the first 15,000 miles
.110~ per mile for additional miles of such use in
a fiscal year
It was further explained that July 1, 1988, is the effective date
relative to mileage reimbursement; that the Internal Revenue Service
permitted the same mileage rates to be utilized in determining deduc-
tible costs for business use of personal cars for calendar year 1987;
and Resolution No. 28360, adopted on September 25, 1986, should be
amended in order to permit payment of new reimbursement rates.
The City Manager recommended that Council establish an increased
mileage reimbursement rate of .225~ per mile for the first 15,000
miles, .110j~ per mile for all additional miles in the fiscal year,
effective upon passage by Council, for all City employees authorized to
receive mileage reimbursement for business use of their personal auto-
mobile, effective July 1, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the followin9 Resolution:
(#291/8) A RESOLUTION establishing the rate of reimbursement per
mile to be paid to officers and employees of the City for use of priva-
tely owned personal motor vehicles on City business; and providing for
an effective date.
(For full text of Resolution, see Resolution Book No. 50, page 626.)
Mrs. Bowles moved the adoption of Resolution No. 291/8. The
motion was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ..... .6.
NAYS: None. O.
(Council Member Bowers was absent.)
BUDGET-CITY SHERIFF-CITY JAIL: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that the
new Roanoke City Jail facility was completed and occupied in June,
1979, with a rated inmate capacity of 163, and with 209 available beds,
with a jail staffing level of 77 personnel; that an addition to the
jail facility, completed in February, 1987, increased the rated inmate
capacity of the facility to 236, with an additional 100 beds, for a
total of 309 available beds; that inmate population has increased from
162 {June, 1979) to almost 300 inmates at times on weekends; that the
average daily population for fiscal year 1986-87 was 244, and average
daily population for the first eleven months of fiscal year 1987-88 was
253.
It was explained that the jail personnel staffing level was set at
77 positions when the facility was occupied in June, 1979; that this
level presently totals 92 positions, an increase of only 15 positions;
that staffing studies for jail personnel were conducted in 1987 by mem-
bers of the Department of Corrections, Adult Con~nunity Facilities,
Roanoke Sheriff's Department and the Department of Criminal Justice
Services; and studies indicated a need for additional jail staffing
ranging from 15 to 32 positions,
It was further explained that a request for 26 additional staff
positions was made by the City Sheriff to the State Compensation Board
for funding in fiscal year 1987-88; that the request was not approved
in the July 1, 1987, budget package and a notice of appeal was filed
with the Board on July 2, 1987; and 11 staff positions were approved
by the State Compensation Board on August 12, 1987, with the promise of
granting additional positions in fiscal year 1988-89, as a result of
the City Sheriff's appeal,
283
ACTION:
The City Manager advised that a request for ten additional staff
positions was made by the City Sheriff to the State Compensation Board
for funding in fiscal year 1988-89; that the request was made for nine
Deputy Sheriff positions and one Sergeant Deputy Sheriff position; and
nine Deputy Sheriff positions were approved by the State Compensation
Board on June 14, 1988.
The City Manager recon~ended that Council approve eight additional
Deputy Sheriff positions and one Sergeant Deputy Sheriff position as
requested by the City Sheriff; and appropriate $201,133.00 to the
following accounts:
Salaries 001-024-3310-1002 $157,645.00
VSRS (Retirement) 001-024-3310-1110 21,613.00
FICA 001-024-3310-1120 11,839.00
BC/BS 001-024-3310-1125 8,424.00
Life Insurance 001-024-3310-1130 1,612.00
Total $201,133.00
Increase the Revenue estimate for the City Jail by
$201,133.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harvey offered the following emergency budget Ordinance:
(#29179)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 626.)
Mr. Harvey moved the adoption of Ordinance No. 29179. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or-- 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
FLOOD REDUCTION: The Assistant City Manager submitted a written
report on behalf of the City Manager with regard to an Updated Letter
of Intent - Roanoke River Flood Reduction Project, advising that the
feasibility for flood reduction of the Roanoke River has been con-
sidered by the Corps of Engineers and the City since 1969, and
transmitting a history of the project from the 1970's to March 7, 1988.
It was explained that an Updated Letter of intent has been
requested for a project having a total estimate of $31,010,000.00 and a
local non-federal estimate of $14,490,250.00; that the non-federal cost
is expected to approximate $17,000,000.00 by including cost of recrea-
tion bridges and low water bridges with a benefit to cost ratio of
approximately 1.15 to 1; that the General Design Memorand~ cannot be
published until a revised Letter of Intent is forwarded to the Corps of
Engineers; and a bond referendu~ will have to be delayed until May 1989
to allow for citizen review of the General Design Memorandt~n.
The City Manager recommended that Council authorize a non-binding
Letter of intent in support of the Roanoke River Flood Reduction
Project, with an estimated total cost of $31,000,000.00 and a local
non-federal cost for qualified project elements of $14,490,250.00,
advising that support is subject to a review of the General Design
Memorand~n and approval of a Bond Referend~n.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
284
ACT[ON:
(#29180) A RESOLUTION authorizing the City Manager to execute a
letter of intent in support of the Roanoke River Flood Reduction
Project, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 627.)
Mr. Trout moved the adoption of Resolution No. 29180, The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .............................. 5.
NAYS: None ..... _ .....O.
(Council Member Bowers was absent.)
BUDGET-FLOOD REDUCTION-CONSULTANT'S REPORTS: The Assistant City
Manager submitted a written report on behalf of the City Manager with
regard to the Roanoke River Flood Reduction Project, Landscape,
Environmental and Recreation Plan.
The following infonnation was provided as background:
F1 oods al on9 the Roanoke Ri ver
widespread damage to businesses,
public property.
have caused
residences and
U. S. Army Corps of Engineers has proposed a flood
reduction project consisting of channel widening,
augmented by flood training walls and earthen
dikes. The recom~ended project al so includes
recreation facilities such as walking/biking trail.
General Desi9n Memorandum (G.D.M.) by the Corps of
Engineers will be published in late July. Since
the G.D.M. details specific design elements along
the River, the City needs to review the doc~nent
and make specific recommendations on plan changes.
Environmental and recreational concerns have been
expressed by citizens reviewing the preliminary
plans. With the proposed ~lood reduction project,
the overall aesthetic and enviromnental quality of
the river corridor may be adversely impacted.
Council authorized staff on March 7, 1988, to hire
a consultant to review the G.D.M. and implement an
overall landscape, environmental and recreation
plan.
[t was noted that a written request for Engineering/Architectural/
Landscape Architectural Services Qualification Proposal for the project
was advertised on March 27, 1988, and six responses were received on
April 8, 1988; that interviews were conducted and Lardner/Klein of
Charlottesville, Virginia, was selected as the most qualified firm and
Lardner/Klein will subcontract with Mattern and Craig of Roanoke and
Jones and Jones of Seattle, Washington.
The City Manager reco~nended that Council award an Engineering
Services Contract, in a form approved by the City Attorney, to
Lardner/Klein, for an amount not to exceed $60,000.00; and appropriate
$66,000.00 to an account to be established by the Director of Finance
for the Roanoke River Corridor Plan, such appropriation to be taken
from undesignated capital funds previously designated for the Wiley
Drive Extension Study.
(For full text, see re~rt on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
285
ACT[ON:
ACTION:
ACTION:
(#29181)
the 1987-88
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 628.)
Mr. Musser moved the adoption of Ordinance No. 29181. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ....... 6.
NAYS: None--- O.
(Council Member Bowers was absent.)
Mr. Garland offered the foliowin9 emergency Ordinance:
(#29182) AN ORDINANCE authorizing the execution of a contract
with Lardner/Klein to provide engineering, architectural, and landscape
architectural services in connection with the Roanoke River Flood
Reduction Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 641.)
Mr. Garland moved the adoption of the Ordinance. The motion was
seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ............ 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
WATER DEPARTMENT: The Assistant City Manager submitted a written
report on behalf of the City Manager concurring in a report of a bid
committee with reference to bids for ductile iron water pipe.
The bid co~aittee recommended that Council accept the lowest
responsible bid submitted by U. S. Pipe and Foundry Company, to supply
ductile iron water pipe, for the period July 1, 1988 - June 30, 1989;
and reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29183) AN ORDINANCE accepting a bid made for providing ductile-
iron water pipe to the City; rejecting other bids; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 629.)
Mr. Garland moved the adoption of Ordinance No. 29183. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ............ 6.
NAYS: None .........
(Council Member Bowers was absent.)
BUDGET-WATER DEPARTMENT-UTILITY LINES SERVICES: The Assistant
City Manager submitted a written report on behalf of the City Manager
advising that Council approved funds in the fiscal year 1987-88 budget,
in the amount of $650,000.00, for Water Fund, Account No. 002-056-2160-
7020, Utility Lines Facilities; and funds appropriated represented an
estimate of required maintenance on Water Department facilities by the
Utility Line Facilities Department, such as:
286
ACT[ON:
water line leaks, breaks
set-reset meters
turn on-off meters
meter maintenance
adjustments for highway and ston~ drain projects
It was explained that expenditures of $668,959.55 have been made
as of May 31, 1988, for an over-expenditure of $18,959.55; that the
over-expenditure resulted from inability to cease providing critical
maintenance and operating services to the water system; that
appropriation of $82,000.0D from Water Fund Retained Earnings is needed
to cover the over-expenditure and to provide necessary funds for
Utility Line Facilities, Account No. 002-056-2160-/020, in order that
essential services may be provided through June 30, 1988.
The City Manager recom.qended that Council appropriate $82,000.00
from Water Fund Retained Earnings to I~ater Department, Account No.
002-056-2160-1020, Utility Line Facilities.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29184) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water Fund Appropriations, and providing for an e~ergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 630.)
Mrs. Bowles moved the adoption of Ordinance No. 29184. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ................................... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
EMERGENCY SERVICES: The Assistant City Manager submitted a writ-
ten report on behalf of the City Manager with regard to Software
Maintenance and Modifications CAD/9-1-1 (Computer Aided Dispatch),
advising that the Enhanced 9-1-1 emergency telephone system was acti-
vated on October 5, 1987; and public acceptance has been demonstrated
by high usage of approximately 65 per cent of all emergency calls being
received on the new 9-1-1 system.
It was explained that the Computer-Aided Dispatch (CAD) is sche-
duled for activation by July 1, 1988; that final testing of CAD and
mobile data terminals is scheduled for September 1988; and ongoing
software maintenance must be provided for this critical public safety
system in order to protect the City's investment and insure the safety
of Roanoke residents.
The City Manager recon~nended that he be authorized to negotiate a
contract for software maintenance and modification services, in a form
to be approved by the City Attorney, the execution of such contract to
be subject to the approval of Council; that Council appropriate
$55,000.00 from Street Lighting, Account No. 001-052-4150-2022, to
Capital Project Fund, Account No. 001-004-9310-9508; and authorize the
Director of Finance to establish a new account, entitled "CAD/9-1-1
Software Development" in the Capital Project Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29185) AN ORDINANCE to amend and reordain certain sections of
the 198/-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 630.)
287
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29185. The motion
was seconded by Mr, Garland and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ........... 6.
NAYS: None--- O.
(Council Member Bowers was absent.)
PUBLIC ASSISTANCE: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that the City Manager's
Task Force on Homelessness studied the homeless and low-income housing
situation in Roanoke and presented its findings and recommendations in
a comprehensive report entitled, "No Place To Call Home" in April,
1987; that the Task Force recommended that emergency bed space be
expanded to meet the demand for shelter and that a day shelter for the
City's homeless be established; and the City Manager appointed a
follow-up task force to evaluate how well the report's recommendations
were implemented and to recommend new activities based on future fin-
dings.
It was explained that Council accepted an Emergency Shelter
Grants Program entitlement of $26,000.00 on November 16, 1987, pursuant
to Resolution No. 28872, allocated under the Stuart B. McKinney
Homeless Assistance Act, from the United States Department of Housing
and Urban Development, to provide services to the homeless; that the
City appropriated the funds to an Emergency Shelter Resource fund
enabling local non-profit organizations to apply for financial support
to improve the quality of shelter facilities; and Council concurred in
the recommendation submitted by the City Manager's Follow-Up Task Force
on Homelessness, pursuant to Resolution No. 28963 on January 25, 1988,
and pursuant to Resolution No. 29047 adopted on April 4, 1988, to allo-
cate funds as follows: $20,000.00 to Total Action Against Poverty,
[nc., and $6,000.00 to Roanoke Area Ministries.
It was further explained that Council accepted a second Emergency
Shelter Grant Program award of $4,000.00 from the U. S. Department of
Housing and Urban Development on May 9, 1988, pursuant to Resolution
No. 29087, allocated through the fiscal year 1987-88 Further Continuing
Appropriations Act under the Stuart B. McKinney Homeless Assistance
Act; that the City invited proposals from local agencies to assure that
all interested organizations would have an opportunity to submit their
funding requests, with a deadline to submit applications on May 31,
1988; and the City Manager requested the Follow-Up Task Force on the
Homeless to carefully review proposals submitted within the designated
time frame and recommend the allocation of funds to benefit the citi-
zens of Roanoke.
The City Manager advised that Roanoke Area Ministries and Total
Action Against Poverty submitted proposals for funding through the
Emergency Shelter Resource Fund; that requests from the two agencies
totaled $6,300.00; viz: $2,300.00 for Roanoke Area Ministries and
$4,000.00 for Total Action Against Poverty; and the Follow-Up Task
Force on the Homeless reco~ended the following to the City Manager:
$2,300.00 be allocated to Roanoke Area Ministries
for the RAM House project for the purchase of a
washing machine and payment of monthly maintenance
fees; and
$1,700.00 be allocated to Total Action Against
Poverty for the Transitional Living Center project
for utilities.
The City Manager recommended that Council allocate the $4,000.00
Emergency Shelter Resource Funds, as recommended by the Follow-Up Task
Force on the Homeless and that he be authorized to execute the sub-
grant agreements, as follows:
288
ACT[ON:
Allocate $2,300.00 to Roanoke Area Ministries for
the RAM House project.
Allocate $1,700.00 to Total Action Against Poverty
for the Transitional Living Center.
(For full text, see report on file in the City Clerk's 01~fice.)
Mr. Harvey offered the following Resolution:
(.~29186) A RESOLUTION concurring in the recommendation of the
City Manager's Follow-up Task Force on Homeless as to the allocation of
Emergency Shelter Resource Funds, and authorizing the execution of the
subgrant agreements with Roanoke Area Ministries and Total Action
Against Poverty to administer the funds.
(For full text of Resolution, see Resolution Book No. 50, page 631.)
Mr. Harvey moved the adoption of Resolution No. 29186. Tile motion
was seconded by Mr. Musser and adopted by tile following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ................ 6.
NAYS: None ............
(Council Member Bowers was absent.)
CITY ATTORNEY:
ANIMALS (COMPLAINTS): The City Attorney submitted a written
report advising that at the Council meeting on June 13, 1988, a citi-
zen, Mr. James M. Brickey, appeared bel=ore Council and requested that
Council consider the regulation of cats; that Council referred the
matter to the City Manager for report and recommendation and to the
City Attorney for his opinion with respect to the legal issues ,els. in9
to the regulation of cats.
Mr, Diblin9 advised that he was o~ the opinion that Secti~,, 2(19)
of the City Charter provides express authority for the Council to pro-
hibit the running at large of cats within the City; and the City of
Virginia Beach, apparently relying upon similar Charter authority, has
adopted an ordinance prohibiting the owners of cats from allowing them
to run at large.
The City Attorney advised that he was of the further opinion that
a limitation on the n~nber of cats which any person can own within the
City would be necessarily or fairly implied in or incident to Section
2(16) authorizing Council to regulate the keeping of animals in the
City; that under this authority, Council has regulated the ntmber of
dogs (Section 6-42.1(a), poultry (Section 6-95) and beehives (Section
6-112) which may be kept in the City. Mr. Dibling said he does not
find, however, that Section 2(16) of tile City Charter or any other pro-
vision of the Charter or general law necessarily or fairly implies that
City Council can require the licensure of cats, noting that his conclu-
sion is supported by the opinion of the Attorney General found in
(1982-1983) Report of the Attorne~ General at 65 wherein the Attorney
General, aft~ noting the lack of State law relating to licensure of
cats, stated:
"Had the General Assembly intended to authorize the
local governing bodies to license cats, it would
have enacted express authority to do so. I am
unaware of any successful attempt to enact such
1 egi sl ation."
289
ACTION:
ACTION:
The Mayor referred to petitions which was filed with the City
Clerk by Mr. James M. Brickey, 5251 Victoria Street, N. W., signed by
32l citizens of the City of Roanoke, requesting that Council enact a
measure which ~uld prohibit the owners of cats from allowing said ani-
mals to run at-large in the City.
(For full text, see report and petition on file in the City Clerk's
Of fi ce. )
Mr. Trout moved that the report and the petition be received and
filed. The motion was seconded by Mr. Garland and adopted.
BONDS: The City Attorney presented a resolution providing for the
sale, execution, form and details, advertisement of sale and delivery
of, and the levy of a tax to pay $10,000,000.00 of general obligation
bonds of the City of Roanoke, Virginia, authorized at an election held
on the 3rd day of November, 1987, to provide funds Lo defray the cost
to the City of Roanoke of needed permanent public improvements,
including acquisitions, construction, additions, betterments, exten-
sions and improvements of and to public schools, the system of storm
drains, public sidewalks, curbing, streets, highways and bridges, and
parks and other recreational purposes, and the acquisition of real pro-
perty for the foregoing.
Mr. Trout offered the following Resolution:
(#29187) A RESOLUTION providing for the sale, execution, form and
details, advertisement of sale and delivery of, and the levy of a tax
to pay, $10,000,000.00 of general obligation bonds of the City of
Roanoke, Virginia, authorized at an election held on the 3rd day of
November, 1987, to provide funds to defray the cost to the City of
Roanoke of needed permanent public improvements, including acquisi-
tions, construction, additions, betterments, extensions and improve-
ments of and to public schools, the system of storm drains, public
sidewalks, curbing, streets, highways and bridges, and parks and other
recreational purposes, the acquisition of real property for the
foregoing.
(For full text of Resolution, see Resolution Book No. 50, page 632.)
Mr. Trout moved the adoption of Resolution No. 29187. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ......... 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
REPORTS OF COMMITTEES:
BUDGET-PARKS AND PLAYGROUNDS: Council Member Robert A. Garland,
Chairman of a co~ittee appointed by the Mayor to tabulate bids
received for field lighting at Breckinridge Park, presented a written
report on behalf of the committee, recom~,ending the following:
Award a l~,p s~ contract to the low bidder, New
River Electrical Corporation, to perform all work
included in the base bid, in the total amount of
$59,/58.00, and a construction time of 180 con-
secutive calendar days.
Establish a job contingency of $4,242.00 for a
total project construction cost of $64,000.00.
Appropriate $64,000,00 from the following funding
sources into a new capital account to be estab-
lished by the Director of Finance for the subject
project:
29O
ACTION:
ACTION:
Capital Maintenance and Equipment
Replacement Funds (1987-88)
Park Bond Funds (1988 series)
$ 36,000.00
28,000.00
Total $ 64,000.00
Reject all other bids received.
The City Manager submitted a written report concurring in the
recon~nendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following energency budget Ordinance:
(#29188) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 638.)
Mr. Garland moved the adoption of Ordinance No. 29188. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ......................... 6.
NAYS: None ..................................................... O.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29189) AN ORDINANCE accepting the bid of New River Electrical
Corporation of Roanoke, Virginia, for replacement of the athletic field
lighting at Breckinridge Park, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50,' page 639.)
Mr, Garland moved the adoption of Ordinance No. 29189. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ....................... 6.
NAYS: None ..........
(Council Member Bowers was absent.)
BUDGET-RECREATION DEPARTMENT: Council Member Robert A. Garland,
Chairman of a con~nittee appointed by the Mayor to tabulate bids
received for renovations to the Grandin Court Recreation Center, pre-
sented a written report on behalf of the committee, recommending the
fol 1 Dwi ng:
Award a l~p s~n contract to Construction Services
of Roanoke, Inc., to perform all work included in
the base bid, in the total amount of $48,950.00,
and a construction time of 90 consecutive calendar
days.
Establish a job contingency of $4,050.00 for a
total project cost of $53,000.00.
291
ACTION:
ACTION:
Appropriate $30,632.00 from Capital Maintenance and
Equipment Replacement Funds (1987-88) to be trans-
ferred to the Capital Projects Fund Account (#008-
050-9532-9001) for "Six Nei§hborhood Park Project."
Reject all other bids.
The City Manager submitted a written report concurring in the
recm~endattons of the com~itLee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29190) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 639.)
Mr. Garland moved the adoption of Ordinance No. 29190. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .................... 6.
NAYS: None ........... O.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29191) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Incorporated, for renovations to the Grandin Court
Recreation Center, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 640.)
Mr. Garland moved the adoption of Ordinance No. 29191. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ............... 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
BUDGET-INDUSTRIES: Council Member Robert A. Garland, Chairman of
a committee appointed by the Mayor to tabulate bids received for
construction of Glade View Drive, N. E., submitted a written report on
behalf of the committee, recommending that Council take the following
action:
Award a contract to E. C. Pace Company, Inc., in
the amount of $218,590.00 and establish a con-
tingency, in the amount of $11,000.00, for a total
not to exceed $229,590.00.
Appropriate $31,680.00 from Capital Improvement
Reserve (Account No. 008-052-9575-9178) to an
account to be designated by the Director of
Finance.
Appropriate $5,175.00 from Prior Years' Retained
Earnings in the Sewer Fund and transfer that amount
of money to an account to be established by the
Director of Finance.
292
ACT[ON:
ACTION:
Transfer $2,775.00 from Construction for New
Services, Hydrants, Lines (FY 88) (Account No.
002-056-8311-9003), Water Fund, to an account to be
designated by the Director of Finance.
Appropriate $189,960.00 to an account to be
establ t shed by the Di rector o f Fi nance and
establish a receivable account, in the amount of
$49,960.00, from sale of land to Tultex Corporation
and $140,000.00 from Virginia Department of
Transportation.
Reject the other bids received.
The City Manager submitted a written report concurring in the
recommendations of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29192) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 Water, Sewage and Capital Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 641.)
Mr. Garland moved the adoption of Ordinance No. 29192. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or ........... 6.
NAYS: None ....... O.
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(.#29193) AN ORDINANCE accepting the bid of E. C. Pace Company,
[nc., for construction of Glade View Drive, N. E., upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 642.)
Mr. Garland moved the adoption of Ordinance No. 29193. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......... 6.
NAYS: None ...... O.
(Council Member Bowers was absent.)
BUDGET-AIRPORT-SIDEWALKS, CURBS AND GUTTERS: Council Member
Robert A. Garland, Chairman of a committee appointed by the Mayor to
tabulate bids received for bituninous concrete overlays and pavement
profiling of various streets within the City of Roanoke, presented a
written report on behalf of the committee, recommending that Council
take the following action:
Accept the low bid of Virginia Asphalt Paving
Company Inc., transfer $343,618.15 from accounts
listed on Attachment [[[ (Part B) of the report and
award a contract, in the amount of $993,618.15.
293
ACT[ON:
ACT[ON:
Forward the report to the Airport Conmission for
appropriate action on the $43,000.00 for paving at
the airport.
Reject the other bids received.
The Assistant City Manager submitted a written report on behalf of
the City Manager, as follows:
The Bid Committee report is for paving and pro-
filing of various streets within the City of
Roanoke. The 31,945 tons of asphalt will pave 57
lane miles of streets. An additional 1,700 tons of
asphalt will pave certain ramp areas of the Roanoke
Regional Airport.
City street paving program's thirteen year average
is shown on Attachment I to the bid committee
report. The average number of lane-miles paved
during this thirteen year period is 57.2 which is
slightly greater than the 57 lane miles desired
each year.
Recommendation is that City Council approve the
recommendations of the Bid Committee.
Refer the airport paving program portion to the
Roanoke Regional Airport Commission for approval by
that agency of assignment of 1,700 tons bid on a
unit price basis.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29194) AN ORDINANCE to amend and reordain certain sections of
the 1987-88 General Fund Appropriations, and providing for an
emergency.
(For ful! text of Ordinance, see Ordinance Book No. 50, page 643.)
Mr. Garland moved the adoption of Ordinance No. 29194. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor--. ............. 6.
NAYS: None-
(Council Member Bowers was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29195) AN ORDINANCE accepting the bid of Virginia Asphalt
Paving Co., Incorporated, for bituminous concrete overlays and pavement
profiling of various streets within the City of Roanoke, upon certain
terms and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 643.)
Mr. Garland moved the adoption of Ordinance No. 29195. The motion
was seconded by Mr. Harvey and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or-- . .............. 6.
NAYS: None--- - ....... O.
(Council Member Bowers was absent.)
294
ACTION:
ACT[ON:
Mr. Garland moved that the portion of the report pertaining to
airport paving be referred to the Roanoke Regional Airport Commission
for appropriate action. The motion was seconded by Mr. Harvey and
adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT: Mr. Garland
offered the following resolution memorializing the late Honorable James
W. Flippin, Chief Judge, of the Juvenile and Domestic Relations
District Court for the Twenty-Third Judicial District of Virginia:
(~29196) A RESOLUTION memorializing the late Honorable James W.
Flippin, Chief Judge of the Juvenile and Domestic Relations District
Court for the Twenty-Third Judicial District of Virginia.
(For full text of Resolution, see Resolution Book No. 50, page 644.)
Mr. Garland moved the adoption of Resolution No. 29196. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Tayl or .......... 6.
NAYS: None ......................
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY PROPERTY: Council Member Bowles inquired as to whether the
City Administration is in the process of establishing a no smoking
policy for City occupied buildings; whereupon, the Assistant City
Manager advised that a report would be submitted to Council in the near
future.
COUNCIL-INTEGRATION-SEGREGATION: Council Member Harvey advised
that he has enjoyed his service on the Roanoke City Council. He said
at one time, the public's perception of Council was that it did not
hold an open ear to the people, advising however, that Council has now
taken government back to the people through the Roanoke Neighborhood
Partnership and Council has endeavored to involve citizens in the every
day activities of the City of Roanoke.
On another subject, Mr. Harvey advised that he read with interest
the opinion of the Suprmne Court on private clubs, noting that Roanoke
has received the All America City Award on four occasions, two times
since he has served on Council, therefore, it is an affront to him that
the Mayor of the City of Roanoke is not entitled to hold membership in
certain private clubs in the City. He said although it is nat the
prerogative of Council to change the policy, he would hope that the
consciousness of the people who set the policy would come out of the
era of life which existed twenty to thirty years ago and would, at
least, welcome the Mayor and other prominent business people in the
City of Roanoke to membership.
Mr. Harvey asked the City Attorney to comment on the legality of
such practice; whereupon, Mr. Dibling advised that he had not had the
opportunity to read the decision of the Suprene Court in the case
involving the New York City ordinance; however, upon receipt, he would
give it his thorough review. With respect to any action the City of
Roanoke might take, he said Virginia localities are governed by the
Dillon Rule whereby local governments have only those authorities which
are bestowed upon them in expressed words; those that are necessarily
implied; or those that are essential to carry out declared subjects.
Mr. Dibling said although he has not researched the matter in great
detail, he is not convinced that a Virginia locality has the authority
to adopt this type of regulation, however, he is certain that the
General Assembly could authorize its localities to adopt this type of
ordinance. He went onto say that it would be hoped that any such
groups that discriminate on the basis of race or sex would see fit to
do the right thing by coming into compliance.
DOWNTOWN ROANOKE: Council Member Trout advised that the boarded
windows and doors on the former Hardee's restaurant in downtown Roanoke
have created a bad image for the City, and requested that the City
Manager work with representatives of Downtown Roanoke, Inc., to address
feasible alternatives toward providing a more positive image.
Discussion took place with regard to the one story building (fomer
Hardee's restaurant) on the corner of Jefferson Street and Campbell
Avenue, S. W., whereupon, Mr. Harvey requested that information be pro-
vided to the Council with regard to developing the site for a building
higher than a one story structure.
OTHER HEARINGS OF CITIZENS:
HISTORIC LANDMARKS: The Assistant City Manager submitted a writ-
ten report on behalf of the City Manager with regard to historic
buildings on Campbell Avenue, S. W., advising that a demolition permit
has been issued to Mr. James L. Trinkle for the demolition of
buildings located at 118, 120, 122 and 124 Campbell Avenue; that the
historic nature of the buildings and the importance of the landscape of
Campbell Avenue and downtown as a whole has caused concern to try to
save the structures; that Mr. Trinkle did not want to sell the
buildings unless there was some type of swap involving land; and tem-
porary agreement has been reached with Mr. Trinkle concerning the
buildings, with major elements of the agreement as follows:
The City would option the four buildings until
August 31, 1988.
A $1,500.00 monthly consideration for the option
would be paid.
The City would attempt to find a buyer or buyers
for the buildings. The transaction would not be
consummated unless a buyer or buyers were found for
all four buildings.
There would be no obligation for the City to buy
the buildings.
A buyer of one or more of the Campbell Avenue
buildings will have to maintain the structure for
at least five years.
If a buyer or buyers were found for the four
buildings, the City would have temporary ownership
of two of the buildings, and the right to purchase
the other two, and then transfer them over to the
potential buyer. In that paper shuffle, the City
would trade the building and lot it owns at 124
Kirk Avenue to Mr. Trinkle.
The City would have the right to lease back the
building at 124 Kirk Avenue for up to two years at
the rate of $3.00 per square foot. With a 120 day
notice, the City can terminate the lease. A new
location will have to be found for the occupants of
the building which include the police academy and
water department.
The City would be paid $236,000.00 for its building
and lot at 124 Kirk Avenue.
The City Manager recommended that he be authorized to enter into
agreements to option the Trinkle buildings at 118, 120, 122 and 124
Campbell Avenue, S. W., to trade the City's building and lot at 124
Kirk Avenue for two of the Trinkle properties should a buyer or buyers
be found and to enter into a lease agreement on 124 Kirk Avenue, sub-
ject to a series of events; transmitting copy of the proposed real
estate option agreement, and related agreements; and noting that the
Mayor must be authorized to execute the requisite deed of exchange.
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
295
296
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
(#29197) AN ORDINANCE authorizing the execution of certain docu-
ments relating Lo the exchange of certain property between the City and
James L. Trinkle, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 646.)
The motion was seconded by Mr. Garland and adopted by the follo-
wing vote:
AYES: Counci] Members Bowles, Garland, Harvey, Musser, Trout and
Mayor Taylor ......................................................... 6.
NAYS: None ...................
(Council Member Bowers was absent.)
At 3:40 p.m., the Mayor declared the meeting in recess.
At 3:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers,
PENSIONS: The Mayor advised that the two year term of Ronald E.
Carlisle as a member of the Board of Trustees, City of Roanoke Pension
Plan,, will expire on June 30, 1988, and called for nominations to fill
the vacancy. (This position rotates between representatives of the
Fi re Department and Police Department.)
Mr. Harvey placed in nomination the name of Richard B. Sarver.
There being no further nominations, Mr. Sarver was elected as a
member of the Board of Trustees, City of Roanoke Pension Plan, for a
tern of two years, ending June 30, 1990, by the following vote:
FOR MR. SARVER: Council Members Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ............ -6.
(Council Member Bowers was absent.)
Mr. Harvey moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Musser and adopted.
YOUTH: The Mayor advised that the three year term of S, Elaina
Loritts as a member of the Youth Services Citizen Board expired on
May 31, 1988, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of S. Elaina Loritts.
There being no further nominations, Ms. Loritts was reelected as a
member of the Youth Services Citizen Board for a term of three years,
ending May 31, 1991, by the following vote:
FOR MS. LORITTS: Council Members Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
CITIZENS' SERVICES COMMITTEE: The Mayor advised that the one year
Lerm of Harold P. Kyle as a member of the Citizens' Services Committee
will expire on June 30, 1988, and called for nominations to fill the
vacancy.
Mr. Harvey placed in nomination the name of Harold P. Kyle.
There being no further nominations, Mr. Kyle was reelected as a
member of the Citizens' Services Committee for a term of one year,
ending June 30, 1989, by the following vote:
FOR MR. KYLE: Council Members Bowles, Garland, Harvey, Musser,
Trout and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
297
PARKS AND PLAYGROUNDS: The Mayor advised that the one year term
of Robert N. Fishburn as a member of Lhe Mil! Mountain Development
Co~nittee will expire on June 30, 1988, and called for nominations to
fill the vacancy.
Mr. Harvey placed in nomination the name of Robert N. Fi shburn.
ACT[ON:
There being no further nominations, Mr. Fi shburn was reelected as
a member of the Mill Mountain Development Committee for a term of one
year, ending June 30, 1989, by the following vote:
FOR MR. FISHBURN: Council Members Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor ........ 6.
(Council Member Bowers was absent.)
CELEBRATIONS: The Mayor advised that the one year term of Greg T.
Trafid]o as a member of the Special Events Committee will expire on
June 30, 1988, and called for nominations to fill the vacancy.
Mr. Harvey placed in nomination the name of Greg T. Trafidlo.
ACTION:
There being no further nominations, Mr. Trafidlo was reelected as
a member of the Special Events Committee for a term of one year, ending
June 30, 1989, by the following vote:
FOR MR. TRAF[DLO: Council Members Bowles, Garland, Harvey,
Musser, Trout and Mayor Taylor .......... 6.
(Council Member Bowers was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:00 p.m.
APPROVED
mATTEST:
29.8
ORGANIZATIONAL MEETING ROANOKE CITY COUNCIL
July 5, 1988
2:00 p.m.
The Council of the City of Roanoke held its organizational meeting on
Monday, July 5, 1988, at 2:00 p.m., in the Council Chamber, fourth floor of the
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Noel
C. Taylor presiding, pursuant to Section 10, Meetings of Council, of the Roanoke
City Charter, at which time the newly ele-cted Me~nbers of the Roanoke City
Council shall ass~ne the duties of their offices.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowl es,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ............. 7.
AB SENT: None ........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of ~merica
was led by Mayor Taylor.
AL 2:05 p.m., the Mayor declared the meetin9 in recess.
At 2:10 p.m., the organizational meeting reconvened in the
Council's Conference Room, fourth moor of the Roanoke City Municipal
Building, 215 Church Avenue, S. W., with Mayor Taylor presiding and all
Members of the Council in attendance.
COUNCIL: The Mayor advised that Section 10 of the Roanoke City
Charter provides that at 2:00 p.m., on the first ~'~nday of July next
following each regular municipal election, or if such day be a city
holiday, then on the day following, the Council shall meet at the usual
place for holding meetings of the legislative body of the City, at
which time the newly elected Council Members shall ass~e the duties of
their offices.
The City Clerk called to the attention of Council a copy of the
Roanoke City Electoral Board Abstract of Votes cast in the General
Election held in the City of Roanoke on May 10, 1988, for the office of
Mayor and three Members of~ City Council, certifying that Mayor Noel C.
Taylor, Mr. David A, Bowers, Mrs. Elizabeth T. Bowl es and Mr.
Beverly T. Fitzpatrick, Jr., received the greatest number ol~ votes
cast in said election.
The City Clerk advised that Oaths of Office were administered to
Mayor Taylor, and Council Members Bowers, Bowles and Fitzpatrick by the
Honorable Circuit Court Judges Jack B. Coulter, Poy B. Willett and
Clifford R. Weckstein on Monday, June 20, 1988, for terms of four
years, each, commencing July 1, 1988, and ending June 30, 1992.
Mr. Fitzpatrick having received the greatest n~ber of votes cast
in the Councilmanic election and thus pursuant to Section 4 of the
Roanoke City Charter is elected Vice-Mayor of the City of Roanoke for a
term commencing July 1, 1988, and continuing for a period of two years
until his successor has been elected and qualified, Mr, Trout offered
the following Resolution:
(#29198(a)) A RESOLUTION reco9nizing the HONORABLE BEVERLY T.
FITZPATRICK, JR., to be a member of the City Council and Vice-Mayor of
the City of Roanoke.
ACTION:
(For full text of Resolution, see Resolution Book No. 50, page 645.)
Mr. Trout moved the adoption of Resolution No. 29198(a). The
motion was seconded by Mrs. Bowles and adopted by the following vote:
ACTION:
AYES: Council ~mbers Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............................ 7.
NAYS: None ........ O.
The Mayor presented Vice-Mayor Fitzpatrick with a framed copy of
Resolution No. 29198(a).
Mr. Bowers offered the following Resolution commending the service
of the Honorable Howard E. Musser as Vice-Mayor from July 1, 1986,
until June 30, 1988:
(#29199(a)) A RESOLUTION commending the service of the HONORABLE
HOWARD E. MUSSER as Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 645.)
Mr. Bowers moved the adoption of Resolution No. 29199(a). The
motion was seconded by Mr. Trout and adopted by the l~ollowing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland, Trout
and Mayor Taylor--- --6.
NAYS: None ......................
(Council Member Musser abstained from voting.)
The Mayor presented Mr. Musser with a framed copy of Resolution
No. 29199(a) and a framed Key to the City in recognition of his
outstanding service as Vice-Mayor.
There being no further business, the Mayor declared the organiza-
tional meeting adjourned at 2:30 p.m.
APPROVED
ATTEST:~=. ~--~' ~~
City C1 erk
SPEC[AL SESSION
ROANOKE CITY COUNCIL
July 8, 1988
11:00 a.m.
300
The Council of the City of Roanoke met in special session in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Thursday, July 8, 1988, at 11:00 a.m., , pursuant to
a com~nunication from the Mayor for the purpose of discussing matters concerning
the acquisition and use of real property for public purpose, and also being a
legal matter involving the terms and conditions of contracts to be negotiated,
with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ...... .7.
AB SENT: None ..................................
O®
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker
City Clerk. '
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of /~merica
was led by Mayor Taylor.
The Mayor called upon the City Clerk to read the following como
munication calling the special meeting:
"July 7, 1988
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, of the City
Charter, [ am calling a Special Meeting of the Roanoke City
Council on Friday, July 8, 1988, at 11:00 a.m., in the City
Council Chamber. The Special Meeting is called for the pur-
pose of convening in Executive Session to discuss one matter
relating to the acquisition of real property for public pur-
pose, pursuant to Section 2.1-344 (a) (3), Code of Virginia,
1950, as amended, the same matter also being a legal matter
involving the terms and conditions of contracts in nego-
tiation, pursuant to Section 2.1-344 (a) (7), Code of
Virginia, 1950, as amended.
Si ncerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
The City Manager advised that the meeting was called for the pur-
pose of briefing the Members of Council on the progress and status of
the proposed trade and convention center.
By way of history, Mr. Herbert explained that on February 8, 1988,
at the request of Council, the City Manager and the Director of Finance
were requested to make reco~endations on how to pursue location,
financing and operational types of questions on the trade and conven-
tion center, with a report back to Council regarding a timeframe. He
added that given both the complexity and the potential opportunity
facing the City of Roanoke on the issues, it was his reco,~endation, as
well as the Director of Finance, contained in a report under date of
February 8, 1988, that any analysis of the areas abovenamed should have
private sector involvement, that he be authorized to appoint a commit-
tee composed of private citizens with City staff to pursue the question
of the feasibility of a trade and convention center, and report back to
Council during the month of August. Mr. Herbert said it is his desire
to give Council an earlier status briefing.
The City Manager explained that the committee was divided into
functional groups in order to make recommendations to Council in
multiple areas and, with Council's approval, the committee wi)) test
the practicality of some of the recommendations. He said those matters
that will be discussed at the special meeting represent progress
reports which will be conceptual in nature. He noted that it is impor-
tant that the public understand that what will be delivered during the
immediate process and time period will be certain interim recommen-
dations during the month of August, as well as testing of ideas against
the reaction of the market place, adding that in the month of August,
the committee will not be in a position to present a hard and fast plan
with financing and location, etc.
Mr. Herbert introduced Mr. David L. Caudill, Chairman of the
Trade and Convention Center Committee; Mr. John W. Lambert, Jr.,
Chairman of the Roanoke Civic Center Commission, and a member of the
committee; and Mr. Ronald O. Crawford, Architect and member of the City
of Roanoke Redevelopment and Housing Authority for presentations.
Mr. Caudill advised that the committee began its work in April,
1988 by organizing itself into three sub-committees; viz: a committee
to study financing alternatives, a committee to explore site alter-
natives, and a committee to explore alternatives for the operation of
such facility if and when it should become a reality. He said members
of the committee visited the Chattanooga Trade Center in Chattanooga,
Tennessee, the trade center in Winston-Sa)em, North Carolina; and held
informal discussions with Directors of trade centers in Charleston,
West Virginia; Lexington, Kentucky; Ricl~nond, Virginia; and Virginia
Beach, Virginia. He added that through those discussions, the commit-
tee learned a great deal about how the centers were designed, managed,
operated, financed, promoted, located and the criteria for arriving at
the locations. He said the committee is not in a position at this time
to present Council with recommendations on how to go about the project
in Roanoke because it is presently in the learning stages, adding that
there are n~nerous facets to be evaluated, and the committee will
report to Council at a later date with more specifics.
Mr. Lambert presented information on the importance of the trade
and convention center and its economic impact on the Roanoke Valley.
He said the trade and convention center is an extremely important pro-
ject for Roanoke, and it represents an economic development tool to
generate new dollars into the economy of the community. He stated that
if one thinks about the trade and convention center as if it were a new
industry moving into the City creating jobs, paying City taxes, and
generating the spending of millions of dollars, but having no children
to educate, no people to house, and no more roads to build, it would
still have the same economic impact as a new industry.
Mr. Lambert pointed out that the feasibility study prepared by
Laventhol and Horwath states that the benefits of a trade and conven-
tion center warrant the investment and estimates that those attending
conventions, and trade shows in Roanoke would spend $12.3 mil)ion per
year directly; and there would be an indirect total economic impact of
$41 mil)ion per year, representing money coming from outside the City
into the City's economy. He said the tax revenue is estimated at $2.2
million per year which means that the Commonwealth would receive more
than $1 million, other Valley governments would receive approximately
$200,000.00 and the City of Roanoke would receive approximately $1
mil)ion in new tax revenue. He added that with the inadequacy of
existing facilities, Roanoke will lose conventions and trade shows that
nomally would rotate to Roanoke; that the City is losing those types
of activities at the present time and will continue to lose them in the
next two or three years. He explained that the trade and convention
center will generate new dollars for the City's economy from outside of
the Roanoke Valley inasmuch as people will be coming to the City,
spending their money and leaving.
301
302
Mr. Lambert pointed out that the City must have a broad economic
development especially strategy when one realizes that the City cannot
annex and it has a limited mnount of land available for development,
while at the same time, it has excellent potential in the trade and
convention center business. He added that the City has a low cost for
the business traveler, a beautiful area, a strategic location, an
excellent road system, an airport terminal under construction and an
ample number of hotel rooms, pointing out that these factors combine to
provide the City with the opportunity for growth in a lucrative
field -- trade and convention exhibit shows. He said if the right faci-
lity is developed and il: it is marketed effectively, the potential of
generating millions of dollars for the community can be achieved.
At this point, the City Manager advised that he would like to
brief Council on matters concerning the acquisition and use of real
property for public purpose and on legal matters that may involve the
tenns and conditions of contracts in negotiation; whereupon, he
requested that Council convene in Executive Session to receive the
remainder of the briefing.
ACT[ON:
Mr. Garland moved that Council convene in Executive Session to
discuss matters concerning the acquisition and use of real property for
public purpose, pursuant to Section 2.1-344 (a) (3), Code of Virginia,
1950, as amended; and also being a legal matter involving the terms and
conditions of contracts to be negotiated, pursuant to Section 2.1-344
(a) (7), Code of Virginia, 1950, as amended. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................... 7.
NAYS: None .....
At 11:30 a.m., the Mayor declared the meeting in recess.
At 12:40 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Musser, who left the meeting
during the Executive Session.
There being no further business, the Mayor declared the special
meeting adjourned at 12:40 p.m.
City C1 erk
APPROVED
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 11, 1988
8:00 p.m.
303
il
II
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 11, 1988, at 8:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 29173, adopted by the Council
on Monday, June 20, 1988.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick,Jr. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT: Ms. Jeri J. Suarez, Director of Special
Services, Hollins College, appeared before Council and advised that the
College is sponsoring an international volunteer workcamp, with persons
from around the world performing community service in the Roanoke
Valley, Washington, D. C., and Durham, North Carolina. She introduced
guests from Hungary, France, Moracco, Hollin, Czechoslovakia, and the
United States. She advised that the volunteers will be in the area for
a three week period while working at the Total Action Against Poverty
Transitional Living Center, the Roanoke Area Ministries Soup Kitchen
and assisting in the construction of a cabin for children at Appleridge
Farm in Copper Hill, Virginia.
On behalf of the City of Roanoke, the Mayor welcomed the group and
expressed appreciation for their volunteer work.
CELEBRATIONS-ACTS OF ACKNOWLEDGEMENT: Mr. Calvin Johnson, Post
Master, appeared before Council and advised that the United States
Postal Service issued a commemorative stamp on June 25, 1988, in honor
of the Commonwealth of Virginia, the tenth state to ratify the United
States Constitution; and the date of the issue marked the 200th anni-
versary of the ratification.
In recognition of the achievements of the City of Roanoke and the
dedication of its more than one hundred thousand citizens, and on
behalf of the United States Postal Service and its more than seven-
hundred-fifty employees in Roanoke, Post Master Johnson presented a
plaque to the Mayor to mark the 200th anniversary of the Con~mlonwealth
of Virginia's ratification of the United States Constitution.
On behalf of the Members of City Council and the citizens of the
City of Roanoke, the Mayor accepted the plaque with appreciation.
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Mudltck Creek Sanitary Sewer, said bids to be received by the
City Clerk until 4:30 p.m., on Monday, July 11, 1988, and to be held,
opened and read before the Council at 8:00 p.m., on that date, or as
soon thereafter as the matter may be heard, the Mayor asked if anyone
had any questions about the advertisement for bids, and no represen-
tative present raising any question, the Mayor instructed the City
Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
304
ACTION:
ACTION:
BIDDER
BASE BID TOTAL
Prillaman & Pace, Inc.
O. & A. Construction, Inc.
R. S. Jones & Associates, [nc.
A. L. King, Ltd.
H. Hamner Gay & Company, Inc.
Aaron J. Conner General Contractor,
[nc,
Taylor and Striegel, Inc.
E. C. Pace Company, Inc.
S. C. Rossi & Company, Inc.
F. L. Showalter, Inc.
$498,797.00
571,028.80
589,585.00
603,630.00
621,178.00
629,904.00
684,450.00
719,902.00
726,084.00
744,649.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Hayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Bowers and unanimously
adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
PUBLIC HEARINGS:
ACTION:
PLANNING-ROANOKE I~IGHBORHOOD PARTNERSHIP: Pursuant to Resolution
No. 25523, adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday, July 11, 1988, at
8:00 p.m., or as soon thereafter as the matter may be heard, on a pro-
posal to approve and adopt, as an element of the City's Comprehensive
Plan, Section IV, "South Roanoke Tomorrow: Community Values and
Objectives," and Section V, "Achieving the Vision: Action Strategies"
of the South Roanoke Neighborhood Plan, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 24,
1988, and Friday, July 1, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Michael M. I~aldvogal, Chairman, City Planning Commission,
appeared before Council and presented a report of the Planning Commis-
sion, advising that a public hearing was held on June 1, 1988, by the
Commission and the Plan was unanimously reconinended for adoption by
Council; that the Plan is the first of three neighborhood plans to be
completed this year and it is the first step in continuing long-range
planning for the City at a detailed neighborhood level.
Mr. Waldvogel further advised that the Planning Con~ission felt
that the Plan accurately reflects community issues and values in South
Roanoke and establishes effective ways to address those issues; that
the South Roanoke Neighborhood Plan was developed through a series of
three neighborhood workshops which focused on citizen participation and
input; and like Roanoke Vision, the Neighborhood Plan is a product of
people working in partnership with government to improve, maintain and
enhance the quality of life in their neighborhoods and throughout the
Ci ry.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(J29198) A RESOLUTION approving and adopting portions of the
South Roanoke Neighborhood Plan as an element of the City's
Comprehen si ye P1 an.
(For full text of Resolution, see Resolution Book No. 50, page 647.)
Mr. Trout moved the adoption of Resolution No. 29198. The motion
was seconded by Mr. Garland.
ACTION:
305
No other persons wishing to address Council with regard to the
South Roanoke Neighborhood Plan, Resolution No. 29198 was adopted by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................... 6.
NAYS: None .................. O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 11, 19B8, at 8:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. John B. Ferguson,
Attorney, representing Mr. Harold B. Ferguson, that a 0.15 acre tract
of land located at 2315 Colonial Avenue, S. W., identified as Official
Tax No. 1270541, be rezoned from RM-1, Residential Multi-Family, Low
Density District, to C-1, Office District, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 24,
1988, and Friday, July 1, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be denied, was before Council.
It was explained that some members of the Planning Commission felt
that the rezoned parcel would serve as an appropriate transition bet-
ween the more intensive commercial uses permitted in the adjacent C-2
zone and the residential section of the block; that the members also
felt that the area was becoming less viable for residential development
and would be dil~ficult to redevelop due to multiplu ownership of the
residential lots; and other Commission members agreed with the recom-
mendation and felt that approving the rezoning would aggravate the
existing bad traffic problem in the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(e29199) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone t~p,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 665.)
The motion was seconded by Mr. Trout.
Mr. John B. Ferguson, Attorney, appeared before Council in support
of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29199 was adopted on its first reading by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ..... 6.
NAYS: None ................
Oe
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 11, 1988, at 8:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. James D. Logan, III,
Attorney, representing James E. and Joyce D. Lyle, that a tract of land
306
ACTION:
lying at the northeasterly corner of Bennington Street and Edgerton
Avenue, S. E., identified as Official Tax Nos. 4340807 - 4340809,
respectively, be rezoned from RM-1, Residential Multi-Family, Low
Density District, to C-2, General Commercial District, subject to cer-
tain proffered conditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 24,
1988, and Friday, July 1, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to extend the existing C-2 zoning that adjoins the
subject tract to the north which would create a continuous commercial
zone along Bennington Street, S. E., from Edgerton Avenue to Riverdale
Road, S. E., and it would allow the existing structure to be used for
several of the permitted uses in the C-2 zone, such as medical offices
or general and professional offices, was before Council.
The Planning Commission recommended approval of the request,
advising that C-2 zoning is more appropriate and desirable in terms of
existing land use and the Comprehensive Plan.
(For ful] text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(~/29200) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 434, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 666.)
The motion was seconded by Mrs. Bowles.
Mr. James D. Logan, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29200 was adopted on its first reading by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ........ 6.
NAYS: None ........
Om
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Pursuant to Ordinance No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, July 11, 1988, at 8:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. and Mrs. George I.
Vogel, II, that approximately one acre of land on Fugate Road, N. E.,
identified as Official Tax No. 3101209, be rezoned from RM-1, Residen-
tial Multi-Family, Low Density District, to RM-2, Residential Multi-
Family, Mediu~ Density District, subject to certain proffered condi-
tions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, June 24,
1988, at Friday, July 1, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of .the City Planning Commission advising that the origi-
nal purpose of the rezoning was to construct at six-unit apartment
building, however, an amended petition to rezone was filed on June 7,
1988, to reduce the nunber of apartment units from six to four, was
before Council.
ACTION:
The Planning Commission recommended that the request be approved,
advising that it was recognized that residents were concerned, but it
was felt that the proposed four-unit apartment building would not be
detrimental to the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29201) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 667.)
The motion was seconded by Mr. Trout.
Mr. George l. Vogel, Attorney, appeared before Council in support
of his request.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29201 was adopted on its first reading by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ........ , ................ 6.
NAYS: None .................
(Vice-Mayor Fitzpatrick was absent.)
307
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),"
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-34t (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ......... .0.
(Vice-Mayor Fitzpatrick was absent.)
ECONOMIC DEVELOPMENT COt4MISS[ON: A report of qualification of
Jack C. Smith as a member of the Economic Development Commission for a
term of three years ending dune 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol )owi ng vote:
308
ACTION:
ACTION:
ACT[ON:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......................................................... 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
PERSONNEL: A report of qualification of R. P. Shelor as a member
of the Personnel and Employment Practices Commission for a term of
three years ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Muss,r, Trout, Bowers, Bowles arid
Mayor Tayl or ............. 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
ECONOMIC DEVELOPMENT COMMISSION: A report of qualification of L.
Graham Haynie as a member of the Economic Development Commission for a
term of three years ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 Dwi ng vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ......... 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
PERSONNEL: A report of qualification of John R. Larew as a member
of the Personnel and Employment Practices Con~ission for a term of
three years ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 Dwi ng vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............ 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
YOUTH: A report of qualification of Katherine M. McCain as a
member of the Youth Services Citizen Board for a term of three years
ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 Dwi ng vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or .......... -6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
ACT[ON:
ACTION:
ACTION:
PERSONNEL: A report of qualification of Mozelle A. Scott as a
member of the Personnel and Employment Practices Co~ission for a term
of three years ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
foll owl ng vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ..... _ ......... 6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
O®
YOUTH: A communication from Carol A. Marchal, Chairman, Youth
Services Citizen Board, advising of the resignation of Mr. Harry P.
Surratt, Jr., was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None ..........
(Vice-Mayor Fitzpatrick was absent.)
.0.
PENDING LIST: A list of items pending from July 10, 1978, through
June 27, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Nayor Tayl or ....... -6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
'-0o
309
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-TRAFFIC: Mr. Lawrence M. Taylor, representing
Shenandoah Elevator Company, appeared before Council and presented a
petition signed by representatives of approximately fi fry per cent of
the local Roanoke Valley Elevator Industry expressing concern over the
manner in which parking is provided for service vehicles, especially in
the downtown district of the City. He said not only elevator service
personnel, but other persons are hampered by the lack of on street
parking to facilitate repair of various building structures in down-
town Roanoke.
Mr. Lawrence explained that if he is unable to find a place to
park, he parks in the first available parking space which is usually a
fifteen minute parking zone, and more than likely, he will receive a
parking citation while performing elevator service. He said recently
his vehicle was broken into and vandalized, that it took thirty-five
minutes for a police officer to arrive and, in the meantime, his
vehicle tires were marked on two occasions by a police officer.
310
ACTION:
ACTION:
Mr. Taylor requested that Council reach a compromise for parking
service vehicles which would benefit not only the citizens of the City
of Roanoke but those citizens who work in the downtown area where
parking is limited.
Following discussion, Mr. Bowers moved that the matter be referred
to the City Manager for study, report and recommendation to Council.
The motion was seconded by Mr. Trout and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORT OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report with regard to the Monterey Road, N. E., box culvert.
It was advised that bridge inspection by Hayes, Seay, Mattern and
Mattern in November 1986 revealed that the concrete and cinderblock
culvert under Monterey Road was structurally unsound, and recommended
replacement; that the City Engineer's estimate to replace the structure
with a double 8' x 4' box culvert with wingwalls on the upstream side
was $25,000.00; that additional damage was caused to the structure by a
Labor Day 1987 weekend storm; that Street Maintenance personnel removed
the unsound structure and installed two temporary 36" pipes; and Public
Improvement Bonds - 1988 Series included $25,000.00 for the project.
It was further advised that construction plans are complete and
easements across two ~Dall parcels of land have been donated by
adjoining property owners for the construction of the upstream
wingwalls; and construction costs can be reduced with the City Utility
Lines Department purchasing and installing the new precast culvert and
wi ngwal 1 s.
The City Manager recon~nended that Council authorize the Director
of Finance to transfer $25,000.00 from the Streets and Bridges Category
Public Improvement Bonds - 1988 Series, Account No. 008-052-9603-9176,
to a new account entitled, Monterey Road, N. E., Structure Replacement.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29202) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 647.)
Mrs. Bowles moved the adoption of Ordinance No. 29202. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or .............. -6.
NAYS: None ...... O.
(Vice-Mayor Fitzpatrick was absent.)
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the Coyner Springs Sewage Treatment Plant treats
sewage from the Juvenile Detention Home and Nursing Home, then
discharges the effluent to an unnamed tributary to Glade Creek; that
discharge permit standards have, for years, been set at 80mg/1
Biochemical Oxygen Demand and 50 mg/1 Suspended Solids with limits on
the amount of chlorine that can be discharged; that new discharge
requirements to be issued by a new NPDES permit will require secondary
treatment standards of not more than 30 rog/1 BOD and 30 mg/1 SS, plus,
the permit will eventually require zero discharge of chlorine, which
requirements were made known to staff this spring.
ACTION:
[t was explained that a new permit has been issued; however, State
regulations require secondary treatment standards to be in effect as of
July 1~ 1988; that a Consent Decree is required for a schedule to be in
compliance with the secondary treatment standards, and new chlorine
standards will be identified due to separate state regulation by the
impending new permit; and the Water Resources Committee was briefed on
April 25, 1988, of the impending requirements and the following
suggested course of action:
Staff submit suggested compliance schedule to the
State.
Staff retain Engineering consultant to review
options and design the ultimate solution for
compl iance.
Anticipate a Consent Decree requirement.
The City Manager advised that the closest existing gravity sewer
line that could provide transportation to the Roanoke Regional Sewage
Plant is located on Route 460 in the vicinity of the Botetourt County/
Roanoke County line and provides service to the new library in that
area, [t was explained that compliance requirements are as follows:
Three options of providing supplemental but unpro-
ven additional treatment processes to the old
pl ant.
Three options of abandonment of the old plant and
p~ping the sewage to the closest existing line for
ultimate treatment at the Regional Sewage Plant.
One option of constructing gravity line to connect
to the end of the existing line at the Botetourt
County/Botetourt County Library.
Mr. Herbert explained that a Consent Decree for compliance was
received from the State Water Control Board on June 28, 1988; that
while the decree was desired by the State to be executed and filed in
the Circuit Court by July 1, 1988, timing was obviously too short for
Council to give authorization to meet that time schedule; that
compliance action needs to be decided; and staff has been negotiating
with Botetourt County to receive construction cost funding and/or
treatment credits to offset the increased expense of constructing a new
gravity line in lieu of continuing to treat the sewage at the old iso-
1 ated pl ant.
The City Manager recommended that he be authorized to execute the
Consent Decree and an agreement with Botetourt County.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29203) AN ORDINANCE authorizing the appropriate City officials
to execute a consent decree with the State Water Control Board pro-
viding for certain improvements at the City's Sewage Treatment Plant at
Coyner Sprlngs; authorizing the proper City officials to execute an
agreement with Botetourt County for new line facilities in connection
with the Coyner Springs Sewage Treatment Plant; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 648.)
Mr. Garland moved the adoption of Ordinance No. 29203. The motion
was seconded by Mr. Musser and adopted by the following vote:
311
312
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............................ 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING-ANIMALS: The City Manager submitted a written report
advising that on May 18, 1988, Mr. Daniel F. Layman, Jr., Attorney,
requested that the City Manager reco~nend an amendment to Section
6-81(a) of the Code of the City of Roanoke, 1979, as amended, in order
to permit his client to rebuild an existing non-conforming barn pre-
sently located approximately 90 feet from the adjacent property line;
further advising that the existing structure is located on a 17 acre
tract of land to be purchased by his client.
It was explained that Section 6-81 prohibits the construction
after January 1, 1979, on a non-agriculturally zoned lot of a stable
for horses closer than 300 feet to any property line of adjoining pro-
perty not under the same ownership; and the intent of the ordinance was
to address concerns of citizens in the annexed areas regarding the
construction of horse barns in close proximity to their homes resulting
in odor and insect problems.
The City Manager pointed out that the City's new zoning ordinance
contains similar requirements restricting the location of stables in
residential areas; that Section 36.1-72(b) permits the Board of Zoning
Appeals to grant special exceptions for a stable in the RS-1 district
where: (1) the structure is accessory to a single-family detached
dwelling; (2) the minim~n lot area is two acres; and (3) the stable
is not located closer than 300 feet from an adjoining property line;
and the proposed new stable would be constructed approximately 125 feet
from the adjacent property line.
Mr. Herbert advised that the property is presently zoned RS-l,
Residential Single Family District; that the existing barn, which is in
poor condition, has been used to shelter both horses and cattle for
many years; that on June 7, 1988, the Board of Zoning Appeals granted
the applicant's request for a special exception, provided for under
Sections 36.1-72(b)(1) and 36.1-596, of the City zoning ordinance to
permit, as a change of non-conforming use, removal of the existing barn
and construction of the stables; that in discussing its decision, the
Board felt it was reasonable to grant permission for the razing of the
existing barn and construction of the new stable which would be less
non-conforming than the existing structure; and approval of the Board
was based on the following stipulations:
The stable shall be used only in conjunction with a
single-family detached dwelling on the same pro-
perty.
The stable shall be no closer to a property line
than 125 feet.
The stable shall be no larger than 72 feet x 48
feet and shall house no more than ten horses at any
one time, this n~ber to include horses belonging
to the owner and occupant of the property and any
visitors' horses.
The City Manager further advised that the City Attorney has
drafted a proposed amendment to Section 6-81(a) of the City Code which
would permit a non-conforming shelter for equine animals, existing
prior to January 1, 1979, to be moved or replaced, provided that the
new location is more in conformance with the current requirement that
it not be closer than 300 feet to any property line of adjoining pro-
perty not under the same ownership.
The City Manager recommended that Council amend the existing ordi-
nance to allow equine shelters existing prior to January 1, 1979, to be
moved or replaced as long as the new location is more in conformance
with the setback requirement of Section 6-81(b) of the City code.
(For full text, see report on file in the City Clerk's Office.)
313
ACTION:
ACT ION:
Mr. Bowers offered the following emergency Ordinance:
(#29204) AN ORDINANCE providing for an amendment to §6-81(a),
Shelters, Article IV, Equine Animals, Chapter 6, Animals and Fowl, Code
of the City of Roanoke (1979), as amended, relating to shelters for
equine animals; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 648.)
Mr. Bowers moved the adoption of Ordinance No. 29204. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............. ----6.
NAYS: None .........................
(Vice-Mayor Fitzpatrick was absent.)
INDUSTRIES-STREETS AND ALLEYS: The City Manager submitted a writ-
ten report advising that the Tultex Corporation development project in
the northeast part of the City located off of Berkley Road requires
roadway access to be provided by the City from King Street, N. E., to
the site; that Council, at its meeting on February 16, 1988, authorized
the City Manager to file an application with the Virginia Department of
Transportation for up to $200,000.00 in Industrial Access Road Funds,
pursuant to Ordinance No. 28982; that approval of a $140,000.00 alloca-
tion for the industrial access road project was made by the Common-
wealth Transportation Board at its meetings on May 19 and June 16,
1988; that funding approved is $60,000.00 less than funding originally
applied for; that the Virginia Department of Transportation requested a
revised estimate from the City that deleted items that were not eli-
gible for reimbursement, with a revised estimate of $140,000.00; and
adjustment of utilities and necessary right-of-way shall be provided at
no cost to the Commonwealth.
It was explained that the City must execute the City-State Agree-
ment before the City can be reimbursed for all eligible costs not to
exceed $140,000.00; that eligible project costs include excavation,
pavement structure, drainage facilities, erosion control measures and
other related items to the extent such items are expressly identified
as eligible on the approved project plans; and the City must prepare
construction plans and estimates for Virginia Department of Transporta-
tion approval, award and administer the contract for construction, and
agree to pay all costs of the project in excess of $140,000.00.
The City Manager recommended that he be authorized, in a form
acceptable to the City Attorney, to execute the City-State Agreement on
behalf of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29205) AN ORDINANCE authorizing the execution of an agreement
with the Commonwealth of Virginia Department of Transportation relating
to the development of Glade View Drive, N. E.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 649.)
Mr. Musser moved the adoption of Ordinance No. 29205. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ..... 6.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
314
ACT[ON:
INDUSTRIES-STREETS AND ALLEYS-CITY ENGINEER: The City Manager
submitted a written report advising that the Tultex Corporation has
purchased a site near King Street, N. E., to construct a new manufac-
turing facility; that the agreement with Tultex requires the City to
provide road access, sanitary sewer and water; that Industrial Access
Funding has been requested from and approved by the Virginia Department
of Transportation; that construction bids to construct Glade View Drive
have been received and approved by Council; and State law requires the
approval of Council prior to the City grading a new street.
It was explained that the Code of Virginia, 1950, as amended,
Section 15.1-368, provides that Council may direct that street grading
be perfonned by the City and, in such event, Council shall designate
and direct a con~nittee of Council or some officer of the City to ascer-
tain what damages, if any, will accrue to the owners of affected pro-
perties; that Mattern and Craig, Consulting Engineers, have completed
construction plans and doc~nents for the construction of Glade View
Drive; and the plans indicate that the encroachment of the proposed
road into the Glade Creek Tributary will cause a slightly higher 100
year flood level on upstream properties.
The City Manager recommended that Council authorize the grading of
Glade View Drive and appoint the City Engineer as Viewer as stipulated
by Section 15.1-368 of the State Code to determine damages, if any, to
adjoining properties caused by grading the proposed Glade View Drive.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29206) AN ORDINANCE authorizing the City to grade Glade View
Drive, N. E., and appointing an officer of the City to ascertain
whether such grading will damage the abutting properties; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 650.)
Mr. Garland moved the adoption of Ordinance No. 29206. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............ 6.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.)
BUD~T-GRANTS-YOUTH: The City Manager submitted a written report
advising that the youth grant was first officially awarded to the City
under the Virginia Delinquency and Prevention and Youth Development
Act; that on April 25, 1988, the fiscal year 1988-89 youth grant appli-
cation was submitted to Council; that the youth grant provides for con-
tinuation of coordinated planning and program implementation of the
Office on Youth; and the grant budget provides $36,516.00 state funds,
$10,000.00 local cash match, and $3,000.00 local match ir.-kind, for a
total budget of $49,516.00.
It was explained that the youth grant application has been appro-
ved; that State funding is in the amount of $36,516.00; and Council's
acceptance of State funding and appropriation of the local cash match
is needed if the Office on Youth Program is to continue after June 30,
1988.
The City Manager recommended that Council authorize the following:
Acceptance of Department of Corrections Grant No.
88-I-12 through execution of the proper forms by
the City Manager.
Appropriation of $46,516.00 to accounts to be
established by the Director of Finance for program
(75% of appropriation or $36,516.00 will be
refunded by the Department of Corrections).
ACT ION:
ACT[ON:
Authorize the transfer of $10,000.00 from the
Community Planning Budget, Account No. 001-052-
8110-9536, to this program as part of the City's
cash match to operate the program for fiscal year
]988-89 to the Grant Program Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the followin9 emergency budget Ordinance:
(#29207) AN ORDINANCE to mnend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 650.)
Mrs. Bowles moved the adoption of Ordinance No. 29207. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ........ 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the followin9 Resolution:
(#29208) A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Developnent Act Grant made to the City of Roanoke
by the Commonweal th of Virginia Department of Corrections and
authorizing the acceptance, execution and filing of the "Special
Conditions" with the Department of Corrections for this grant for the
purpose of continuing coordinated planning and youth services program
implementation by the City's Office on Youth until June 30, 1989.
(For full text of Resolution, see Resolution Book No. 50, page 651.)
Mrs. Bowles moved the adoption of Resolution No. 29208. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ......... 6.
NAYS: None ...........
O.
(Vice-Mayor Fitzpatrick was absent.)
FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City
Manager submitted a written report advising that the City of Roanoke
has been designated as the grant recipient of funds under the Job
Training Partnership Act; that by agreement of the localities in the
Fifth Planning District, the City of Roanoke acts as fiscal depository
of all Consorti~n funds; and the Fifth Planning District has been
designated as a service delivery area by the Governor of Virginia,
It was explained that the Governor's Employment and Training
Department requires that an agreement be executed by the Policy Board
of the Fifth District Employment and Training Corsorti~n, the Private
Industry Council and the City, as the depository of the funds; that the
agreement primarily clarifies the roles, responsibilities and liability
of the Policy Board, the Private Industry Council, and the grant reci-
pient (City of Roanoke); that before the City can enter into the agree-
ment, authority must be obtained from Council; and Council is requested
to authorize the City Manager to sign the agreement.
The City Manager recommended that he be authorized to sign the
agreement for Program Year 1988-89.
(For full text, see report on file in the City Clerk's Office.)
315
316
ACTION:
ACTION:
Mr. Garland offered the foliowin9 emergency Ordinance:
(#29209) AN ORDINANCE authorizing the execution of an agreement
by and between the City, the Governor's Employment and Training Depart-
ment, the Fifth District Employment and Training Consortium, and the
Fifth District Employment and Training Consortium's Industry Council;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 652.)
Mr. Garland moved the adoption of Ordinance No. 29209. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......................... $.
NAYS: None--
(Vice-Mayor Fitzpatrick was absent.)
Oe
CITY ATTORNEY:
CiTY CODE: The City Attorney submitted a written report advising
that in prior years, Council has reenacted and recodified the City Code
on an annual basis in order Lo properly incorporate amendments made by
the General Assembly at the previous Session to State statutes that are
incorporated by reference in the City Code, and this procedure ensures
that the ordinances codified in the City Code incorporate the current
provisions of State law.
it was explained that incorporation by reference is frequently
utilized in order to prevent having Lo set out lengthy provisions of
state statutes in their entirety; and, in addition, the technique
ensures that local ordinances are always consistent with State law as
is generally required.
The City Attorney advised that the procedure whereby a local
governing body adopts statutes by reference after action of the General
Assembly has been approved by the Attorney General, and recommended
that Council adopt a measure Lo readopt and reenact the Code of the
City of Roanoke, 1979.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29210) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 652.)
Mrs. Bowles moved the adoption of Ordinance No 29210. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or- ...... 6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
BONDS-CAPITAL iMPROVEMENTS PROGRAM: The Director of Finance sub-
mitted a written report advising that pursuant to the Charter of the
City of Roanoke and an election of qualified voters of the City of
Roanoke held on November 3, 1987, $10,000,000 of general obligation
bonds were approved; and the bonds to be issued are to provide funds
for the followin9 purposes:
System of storm drains
Public Schools
Public sidewalks, curbs,
gutters, streets and
bridges
Public Parks
$ 4,225,000.00
3,525,000.00
1,500,000.00
750,000.00
$10,000,000.00
317
ACT[ON:
It was explained that attached to the report is the Preliminary
Official Statement and Notice of Sale; that City Officials made presen-
tations to the rating agencies on June 28, 1988, and both rating agen-
cies concurred that the City of Roanoke's financial position is strong
and confirmed the City's double A ratings.
The Director of Finance requested that Council hold a special
meeting on Tuesday, July 12, 1988, at 11:00 a.m., for the purpose of
receiving and publicly openin9 bids on the City's Request for Propo-
sals. At the special meeting, he said he would ask that Council recess
the meetin9 for a short period of time so that the bids could be eva-
luated and a reco~m~endatton could be made to Council on the acceptance
of one of the proposals.
(For full text, see report and Official Statement and Notice of Sale on
file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29211) A RESOLUTION fixing the date of a Special Meeting of the
Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 50, page 653.)
Mr. Musser moved the adoption of Resolution No. 29211. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ............... 6.
NAYS: None ......... ----0.
(Vice-Mayor Fitzpatrick was absent.)
BUDGET: The Director of Finance submitted a written report
advising that at the close of fiscal year 1988, budget funds were obli-
gated for outstanding encumbrances; that purchase orders or contracts-
have been issued for the goods and services as of the close of fiscal
year 1988, but delivery of the goods, or performance of the services
have not been completed; that reappropriation of the funds brings for-
ward the unspent budget funds that were originally appropriated and
obligated contractually for the goods and services, and appropriation
amounts are as follows:
General Fund
Open encumbrances
$ 3,266,488.00
Water Fund
Open encumbrances
105,289.00
Sewage Fund
Open enc~nbrances
Civic Center Fund
Open encumbrances
1,972,041.00
54,984.00
Internal Service Fund
Open encumbrances
143,273.00
The Director of Finance recommended that Council adopt appropriate
budget ordinances to reappropriate the funds to the current year budget
in order that the expenditures may be properly classified and liqui-
dated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29212) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriation Ordinance, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 654.)
318
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29212. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......................... 6.
NAYS: None ........
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following emergency budget Ordinance:
(For full text of Ordinance, see Ordinance Book No. 50, page 659.)
Mrs. Bowles moved the adoption of Ordinance No. 29213. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ......... 6.
NAYS: None ............
(Vice-Mayor Fitzpatrick was absent.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29214) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage Treatment Fund Appropriation Ordinance, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 659.)
Mrs. Bowles moved the adoption of Ordinance No. 29214. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ........ 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
Mr. Garland offered the following emergency budget Ordinance:
(//29215) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Civic Center Fund Appropriation Ordinance, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 660.)
Mr. Garland moved the adoption of Ordinance No. 29215. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Muss,r, Trout, Bowers, Bowles and
Mayor Tayl or ......... --6.
NAYS: None .........
(Vice-Mayor Fitzpatrick was absent.)
Mr. Musser offered the following emergency budget Ordinance:
(#29216)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Internal Service Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 661.)
Mr. Musser moved the adoption of Ordinance No. 29216, The motion
was seconded by Mr. Trout and adopted by the following vote:
O.
(#29213) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Water Fund Appropriation Ordinance, and providing for an
emergency.
319
I
ACTION:
Bowl es and
AYES: Council Members Garland, Musser, Trout, Bowers,
Mayor Tayl or-- . ......O.
NAYS: None
(Vice-Mayor Fitzpatrick was absent.)
CITY CODE-CITY EMPLOYEES: The Director of Finance submitted a
. nistrative procedures were developed
._~n r n~rt advising that admt. ....... ~- d re ular and temporary~
wl'/~:- .e~ . nbc r: u,.e g .
--~ ~,l emented
tire official ' ' f
ri
O
payroll 'is mandatory as a "condition of emplo.y~ent"~ and the Code of
the City of ~oanoke, 1979, as amended, Section ~-177 needs modification
for the administrative procedures that have effectively worked for more
than a year.
Mr. Schlanger recommended that Council adopt the appropriate
measure.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
in 2-177, Automatic
(#29217) AN ORDINANCE to amend and reorda § .
deposit, of the Code of the City of Roanoke (1979), as amenoed, ~o pr -
vt-Td-~--~-hat all employees hired on or after May 13, 1987, shall have
automatic deposit of employee payroll compensation; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book I~o. 50, page 662.)
Mr. Trout moved the adoption of Ordinance No. 29217. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout Bowers, Bowles and
' .-----6.
Mayor Tayl or- _ ........... O.
NAYS: None---
(Vice-Mayor Fitzpatrick was absent.)
BUDGET-SCHOOLS: The Director of Finance presented copy of a com-
munication on behalf of the Roanoke City School Board requesting that
Council appropriate $21'1,140.00 in capital funds, advising that the
funds will be used to meet safety requirements of the Virginia Public
Building Safety Improvements Act as applied to school buildings; and
that funds be appropriated to the following school accounts:
Grant No. 6~1~ - $35,6B0,00 for the 1988 Summer
Youth Title' %I-A Program to pro-
vide teenage mothers specialized
training in marketable occupa-
tions, and also provide vocational
training for vocational trades
students during the st~mer months.
The program is_on.e h.und~.r.e_d~.Percent
reimbursed by teaeral ~u~,u:,. ,
Grant No. 6563- $585,6B9.00 for the 1988-89 Flow
Through Program to provide aid for
the education and guidance of
handicapped students. The program
is one hundred percent reimbursed
by state and federal funds.
Grant No. 6564 - $42,512.00 for the Child Develop-
ment Clinic Program to provide
funds for the salary and expenses
of the educational coordinator at
the clinic. The program is one
hundred percent reimbursed by
state funds.
320
ACTION:
ACTION:
Grant No. 6565 - $53,127.00 for the Bureau of
Crippled Children Program to pro-
vide funds for the salary and
expenses of the educational coor-
dinator at the bureau. The
program is one hundred percent
reimbursed by state I~unds.
Grant No. 6566 - $34,121.00 for the Juvenile
Detention Home Program to provide
funds for the salary and expenses
of the educational coordinator at
the home. The program is one
hundred percent reimbursed by
state funds.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29218)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 662.)
Mr. Trout moved the adoption of Ordinance No. 29218. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Tayl or ....... 6.
NAYS: None--- O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES:~'NoNE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HISTORIC LANDMARKS: Ordinance No. 29197 authorizing execution of
certain documents relating to the exchange of certain property between
the City and James L. Trinkle, subject to certain terms and conditions,
having previously been before the Council for its first reading on
Monday, June 21, 1988, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#29197) AN ORDINANCE authorizing the execution of certain docu-
ments relating to the exchange of certain property between the City and
James L. Trinkle, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 646.)
Mrs. Bowles moved the adoption of Ordinance No. 29197. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles and Mayor
Tayl or ........... . ....... 5.
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent.) (Council Member Bowers abstained
from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
321
COMPLAINTS-TRAFFIC: Mr. William L. Proffitt, 3445 Greenland
Avenue, N. W., appeared before Council and complained about heavy
vehicles using Greenland Avenue, N. W., and causing deterioration to
his residence.
ACTION:
Mr. Trout moved that the matter be referred to the City Manager
for investigation and report to Council. The motion was seconded by Mr.
Bowers and adopted.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick.
PLANNING: The Mayor advised that there is a vacancy on the Fifth
Planning District Co~ission due to the expiration of the term of
James O. Trout on June 30, 1988, and called for nominations to fill the
vacancy.
Mr. Musser placed in nomination the name of Beverly T.
Fitzpatrick, jr.
There being no further nominations, Mr. Fitzpatrick was elected as
a member of the Fifth Planning District Co~ission for a term of three
years ending June 30, 1991, by the following vote:
ACTION: FOR MR. FITZPATRICK: Council Members Garland, Musser, Trout,
Bowers, Bowl es and Mayor Tayl or .......... 6.
(Vice-Mayor Fitzpatrick was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:20 p.m.
City C1 erk
APPROVED
322
SPECIAL SESSION ROANOKE CITY COUNCIL
July 12, 1988
11:00 a.m.
The Council of the City of Roanoke [net in special session in the
Council Chamber, fourth floor of the Municipal Building, City of Roanoke, 215
Church Avenue, S. W., on Tuesday, July 12, 1988, at 11:00 a.m., Eastern Standard
Time, pursuant to Resolution No. 29211 of the Council providing for said special
meeting, for the purpose of receiving, opening and considering bids made to the
City for the purchase of $10,000,000.00 principal amount of general obligation
bonds of the City of Roanoke, such bonds being designated, "Public Improvement
Bonds, Series 1988," and authorized by Ordinance No. 29187, dated June 27, 1988;
and for the purpose of taking such action in the prmnises as the Council may
then be advised, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C. Taylor--6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
BONDS-CAPITAL IMPROVEMENTS PROGRAM: Mayor Taylor called the meet-
i,,s ~.v vrd:r ~,,u ~a~:u ~i,a~ ~,,~ special mee~;~[ly ~)T ~ouncil was being
held for the purpose of receiving, opening and considering bids made to
the City for the purchase of $10,000,000.00 principal amount of general
obligation bonds of the City, such bonds being designated, "Public
Improvement Bonds, Series 1988," and authorized by Ordinance No. 29187,
dated June 27, 1988, and for the purpose of taking such action in the
premises as the Council may be advised.
Pursuant to the authority contained in Ordinance No. 29187, the
Director of Finance caused to be published a notice of sale on June 29,
1988, in .T..he Bond Bu~/er, a financial journal published in the City of
New York, New York, providing that sealed proposals for the purchase of
the Bonds would be publicly opened and read before the Mayor and
Members of the Council at 11:00 a.m., Eastern Standard Time, on
July 12, 1988, the said advertisement reserving the right to the City
to reject any and all bids or to waive any irregularities or infor-
malities in any bid.
Eight bids were presented to the Council by the City Clerk as
having been filed prior to the deadline.
In this connection, the Mayor asked if any bidder had any question
about the proposal relative to terms and conditions upon which the bids
were submitted, to which question there was no response from the bid-
ders present.
No one present raising any question as to the advertisement and
notice of sale, the Mayor announced the bidding closed, and instructed
the City Clerk to proceed with the opening and reading of the bids;
whereupon, the City Clerk opened and read the following bids:
Name of Bidder
True or Canadian
Interest Cost
Chase Manhatten Bank, N.A.
6.6616%
uuw~port and Company of
Virginia, [nc.
Chemical Bank/Scott and
Stringfellow, [nc. as agent
6.68338~
6.77058%
ACT[ON:
ACT[ON:
Shearson Lehman Hutton, [nc.
6.791696%
Dominion Bank, N.A.
Harris Trust and Savings Bank
and Associates
6.8280%
Smith Barney, Harris Upham and
Co., Inc.
6.838962%
Blunt Ellis & Loewi, Inc.
6.8561%
Citicorp Securities Markets, Inc.
for the Joint Managers 6.900%
Mr. Garland moved that a committee be appointed by the Mayor to
tabulate and study the bids and report to Council as promptly as
possible. The motion was seconded by Mr, Musser and unanimously
adopted.
The Mayor appointed Messrs. Joel M. Schlanger, Chairman, W. Robert
Herbert and Wilburn C. Dibling, Jr., as members of the committee.
All bids submitted having been opened and read, the Mayor declared
the meeting in recess at 11:15 a.m.
The meeting reconvened at 12:30 p.m., on the same date in the
Council Chamber, with the following Members of Council in attendance,
and Mayor Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ..... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.- ................ 1,
Mr. Joel M. Schlanger, Chairman of the Co~ittee appointed by the
Mayor to tabulate and study the bids, presented an oral report on
behalf of the con~ittee, advising that the Bid Committee carefully
reviewed the bids and the interest rates as presented by the eight bid-
ders, and recommends that the bid of Chase Manhatten Bank, N.A., be
accepted, at an effective actuarial yield of 6.6616%.
Mr. Trout offered the following Resolution:
(#29219) A RESOLUTION accepting a bid to purchase $10,000,000
aggregate principal amount of general obligation bonds of the City of
Roanoke, Virginia; fixing the rates of interest to be borne by such
bonds; approving an official statement relating to such bonds;
authorizing the execution of a certificate relating to such official
statement; and ratifying certain acts.
WHEREAS, by Resolution No. 2918/, adopted by this Council on
June 27, 1988, the Director of Finance of the City of Roanoke, Virginia
(the "City") was authorized to sell the $10,000,000 aggregate principal
amount of general obligation bonds authorized to be issued by Ordinance
No. 28760 adopted by this Council on August 10, 1987, and approved at
an election held on November 3, 1987; and
WHEREAS, such Resolution No. 29187 provides that the $10,000,000
aggregate principal amount of City of Roanoke, Virginia, Public
Improvement Bonds, Series 1988, dated as of August 1, 1988 (the
"Bonds"), a~chorized to be sold thereunder shall be offered for sale at
such time as shall be determined by the Director of Finance; and
323
324
WHEREAS, the Director of= Finance of= the City, pursuant to the
authority contained in Resolution No. 29187, has caused to be published
a notice of= sale of= the Bonds (the "Notice of Sale") on June 29, 1988,
in The Bond Bu,/er, a financial journal published in the City of New
York, New York, providing that sealed proposals for, the purchase of=
the Bonds (the "Proposals") would be publicly opened before the Mayor
and members of this Council at 11:00 A.M., Virginia time, on July 12,
1988; and
WHEREAS, pursuant to the Notice of Sale the following Proposals
were received, each accompanied by a certified or bank treasurer's or
cashier's check in the amount of $100,000 payable to the City:
Name of Bidder
Pr~ni t~n Offered
True or Canadian
Interest Cost
Blunt Ellis & Loewi, Inc. $ 221.50
6.8561%
Chase Manhatten Bank, N.A. $ 700.00
6.6616%
Chemical Bank/Scott &
Stringfellow, Inc., as
agent
$ 8210.00 6.77058%
Citicorp Securities Markets
Inc. for the Jr. Mgrs. and
Associates
None 6.900%
Davenport & Co. of Va., [nc.
None 6.68338%
Dominion Bank, N.A.
Harris Trust and Savings
Bank & Associates
$ 707.50 6.8280%
Shearson Lehman Hutton,
Inc.
None 6.791696%
Smith Barney, Harris Upham
& Co., Incorporated
None 6.838962~
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. After due consideration of all the proposals listed above,
this Council hereby finds and determines that (a) Chase Manhatten Bank,
N.A.,(the "Purchaser") is a responsible bidder, (b) of the proposals
received for the purchase of the Bonds the Proposal of the Purchaser is
the offer Lo purchase the bonds at the lowest "True" or "Canadian"
interest cost to the City, computed in accordance with the Notice of
Sale, (c) the Proposal of the Purchaser is the best Proposal received
for the purchase of the Bonds, (d) such Proposal of the Purchaser is in
conformity with the Notice of Sale, and (e) the Proposal of the Pur-
chaser should be accepted.
2. The Proposal of the Purchaser to purchase the Bonds at the
price of $10,000,000 plus a premium of $ 700.00 and accrued interest
from the date of the Bonds to the date of their delivery to the Pur-
chaser, is hereby accepted, and all other Proposals received as afore-
said for the purchase of the Bonds are hereby rejected.
3. In accordance with the Proposal of the Purchaser, the Bonds
maturing on August I in each of the years and in the principal amounts
set forth below shall bear interest from their date at the rates per
annum set forth opposite such year, to-wit:
325
Year of
Maturity Princi pal Amount Interest
(August 1) Maturing _ Rate
1991 $ 250,000 6.50%
1992 400,000 6.50%
1993 500,000 6.625%
1994 500,000 6.625%
1995 750,000 6.625%
1996 1,300,000 6.625%
1997 1,500,000 6.625%
1998 2,000,000 6.70%
1999 2,800,000 6.70%
4. All action taken Lo date by the officers, employees, agents
and attorneys of the City with respect to the sale of the Bonds,
including the action of the Director of Finance of the City in causing
to be published the Notice of Sale of the Bonds as aforesaid and in
causing to be distributed copies of a Preliminary Official Statement of
the City dated July 1, 1988, relating to the Bonds, including the
Notice of Sale of the Bonds and tile form of the proposal, in the
respective forms thereof presented at and hereby ordered filed with the
minutes of this meeting, and the form and contents of the Notice of
Sale, of the Preliminary Official Statement and of the proposal, are
hereby approved, rati fled and confirmed.
5. The 9ood faith check accompanying the Proposal of the
Purchaser to purchase the Bonds shall be deposited by the City
Treasurer and the proceeds thereof applied in accordance with the terms
of the Notice of Sale and the good faith checks accompanying the other
proposals received as aforesaid for the purchase of the Bonds shall be
forthwi th returned.
6. The City Manager and the Director of Finance of the City are
hereby authorized to execute for and on behalf of the City, and to
deliver, copies of the Official Statement of the City dated July 12,
1988, relating to the Bonds in substantially the form thereof presented
at and hereby ordered filed with the minutes of this meeting and the
form and contents of the Official Statement are hereby approved,
ratified and confirmed. The City Manager and the Director of Finance
of the City are hereby further authorized to execute for and on behalf
of the City, and to deliver, a certificate substantially in the form
described in the Official Statement under the caption "Certificate
Concerning Official Statement".
7. This Resolution shall take effect upon its passage.
Mr. Trout moved the adoption of the Resolution. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowl es, Garland, Musser and
Trout ........... --5.
NAYS: None ........... O.
(Mayor Taylor abstained from voting inasmuch as he serves as a Member
of the Board of Directors of Dominion Bank.) (Vice-Mayor Fitzpatrick
was absent.)
The Mayor advised that the unsuccessful bidders could pick up the
checks deposited with their bids in the City Clerk's Office following
the adjournment of the special meeting.
There being no further business, the Mayor declared the special
meeting adjourned at 12:35 p.m.
APPROVED
ATTEST:,~~
City C1 erk
Mayor
326
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 25, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, July 25, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant Lo Rule 1, .R. egular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles
and Mayor Noel C. Taylor ........... 7.
ABSENT: None .... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Katherine H. Jones, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
Ms. Michelle Bono, Public Information Officer, introduced children
from the Penn Forest Academy Day Care Center.
FLOOD CONTROL: The Honorable Jim 01in, Congressman, addressed
Council with regard to flood protection for the City of Roanoke, urging
that Council promptly approve the Roanoke River Flood Reduction project
recommended by the Corps of Engineers, hold necessary public hearings,
and have necessary financing acted on by the voters at a General
Election to be held in November, 1988.
He advised that the City will receive the Corps of Engineers
General Design Memorand~n on July 30, 1988; that it will call for a $31
million project of which the City's share is $14.5 million, $1.8
million must be in cash, with the other $12.7 million including
construction that the City must pay for and acquisition of land, ease-
ments and rights-of-way, all of which may be donated.
He explained that the basic flood control plan is established but
modifications may continue to be made to respond to ideas regarding
aesthetic and enviromnental considerations; that the Roanoke Memorial
Hospital will be protected by private funds; and the City's share will
include protection of the Sewage Treatment Plant, reconstruction of the
low level bridges, three pedestrian bridges and fifty per cent of the
ten mile recreation trail.
Congressman 01in advised that the Corps of Engineers will be pre-
pared to advertise for bids in December 1989 and award the contract in
February 1990; that in order for this to be possible, the City must
acquire all land easements and rights-of-way by November 1989; that the
experience of the Corps is that the work will take at least one year,
therefore, if approval of funding is held up until May 1989, the pro-
ject will likely be delayed and construction will not start until
fiscal year 1991 or later which is of great concern to him because
construction funding will need to be included in the fiscal year 1990
Federal budget; that funds need to be included in the President's
budget which will be presented in January 1990 and funds need to be
approved by Congress in its fiscal year 1990 water projects appropria-
tion, noting that there is substantial competition for water project
funds and if any project is delayed or has uncertain support, funding
can be hard to get and hard to hold on to.
327
ACTION:
Congressman Olin commented that the project has been worked on in
one form or another since 1970; that it was first authorized by the
City 1982; that after the November 1985 flood, it was reactivated early
in 1986; that plans were largely complete in the fall of 1987 and he
has been pushing the Corps of Engineers and the City since that time to
get the details wrapped up so the project may proceed.
It was explained that the benefits of the flood control project
will vary for different areas of the City; and from an overall basis,
the following is a s~rnmary of the flood damage that wi]l be avoided:
BENEFITS (each thne it floods)
lO.yr, flood 50 yr, flood 100 yr, flood
ACRES NOT FLOODED 181
404 414
NUMBER OF BUILDINGS
NOT DAMAGED
30 203 262
OTHER DAMAGE PREVENTED
(Utilities and
Transportation) $281,000
$2,759,00O
$4,270,000
He advised that during the past few weeks, he has been very disturbed
about the many suggestions that new alternatives should be considered
or that old alternatives should be considered.
Congressman Olin advised that now is the time to act; that to
delay can only mean higher costs later on; that in the interim, the
risk is that the City lose businesses and jobs and the City will also
remain fully vulnerable to serious floods.
(For full text, see statement on file in the City Clerk's Office.)
Mr. Trout moved that the remarks of Congressman Olip be referred
to the City Manager for study, report and recommendation to Council as
soon as possible. The motion was seconded by Mr. Bowers and unani-
mously adopted.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item wi1] be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and discussion of a legal matter within the
jurisdiction of the public body.
MINUTES: Minutes of the special meeting of Council held on
Thursday, April 28, 1988; the regular meeting held on Monday, May 2,
1988; the regular meeting held on Monday, May 9, 1988; the special
meeting held on Thursday, May 12, 1988; extract of the minutes of the
regular meeting held on Monday, June 27, 1988; extract of the minutes
of the regular meeting held on Monday, July 11, 1988; and minutes of
the special meeting held on Tuesday, July 12, 1988, were before the
body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Tayl or .................... 7.
NAYS: None-- O.
328
ACT[ON:
ACT[ON:
ACT[ON:
COUNCIL: A co~mnunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-34q (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................ 7.
NAYS: None .......... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a legal matter within the jurisdiction of the public
body, being the negotiation of an agreement, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a legal matter
within the jurisdiction of the public body, being the negotiation of an
agreement, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ..............
-0.
CONSOLIDATION: A communication from Council Member David A.
Bowers with regard to the "red-line map, was before Council.
Council Member Bowers having previously addressed a commmunication
to the Mayor and Members of the Roanoke City Council, the Mayor and
Members of the Salem City Council and the Chairman and Members of the
Roanoke County Board of Supervisors, advising that he has advocated for
some time that the "reorganization" of local governments should be con-
sidered, noting that a more practical organization for the Roanoke
Valley is to divide the County between Salem on the west, Roanoke on
the east and still allow Vinton to remain a town.
He transmitted to the localities a map showing a "red line" divi-
sion of the area into the "twin cities and a town" concept, noting that
essentially, the jurisdictional line between Salem and Roanoke would
begin in the north and run along the crest of Brushy Mountain southward
to Masons Mill Creek, then southward along the creek to the present
City limits line between Salem and Roanoke, southward to the south side
of Salem where the line would then follow the crest of Long Ridge and
Poor Mountain which is the present line of the Catawba and Windsor
Hills majesterial districts. He said the map also indicates that
Vinton would maintain its current status as a town on the eastern side
of the Valley.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ......... 7.
NAYS: None ........... O.
329
ACTION:
ACTION:
ACTION:
PARKS AND PLAYGROUNDS: A communication from Mr. Jack D.
Hayslett, Chairman, Citizens' Advisory Con~nittee, City-Wide Parks
Study, advising that the near completion of the first t~ phases of the
sports complex project near Victory Stadium has created an important
destination point for a large nut, bet of local residents and for out-of-
town visitors; that in 1987, over 600 games were played on the athletic
fields; and approximately 120 teams from nine states participated in
the last Festival Soccer Tournament held at the complex; therefore,
identifying the complex with a name is important for public convenience
as well as for promoting Roanoke, was before Council.
it was explained that with the above thoughts in mind, the
Citizens' Advisory Committee, City-Wide Parks Study, is recon~nending
that the sports complex area, be named "ROANOKE RIVER SPORTS COMPLEX";
that the proposed designation will have no impact on the current names
of the facilities within the complex, noting that Victory Stadia,
National Guard Armory, Maher Field, Wiley Drive, South Roanoke Park,
etc., will continue to be identified with their respective current
names,
It was requested that Council refer the recommendation Lo the City
Planning Commission for study, report and recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be referred to the City Planning
Commission for study, report and recommendation to Council. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............. 7.
NAYS: None ..................
--Oo
PENSIONS: A report of qualification of Frances S. Boon and
Richard B: Sarver for terms of two years each, ending June 30, 1990,
and Delmar L. Irving for a term of four years, ending June 30, 1992, as
members of the Board of Trustees, City of Roanoke Pension Plan, was
before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 owi ng vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None ....... O.
YOUTH: A report of qualification of S. Elaina Loritts as a
member of the Youth Services Citizen Board for a term of three years,
ending May 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
foll owi ng vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ....... 7.
NAYS: None ........ .0.
LIBRARIES: A report of qualification of Evans B. Jessee as a
member of the Roanoke Public Library Board for a term of three years,
ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
330
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Taylor ....................
NAYS: None ............
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL-COMMITTEES: A communication from Mayor Noel C. Taylor
advising that pursuant to the reorganization of the Roanoke City
Council, he has taken the liberty of making the following committee
a ssi gnment s:
Council Member David A. Bowers
Audit Committee, Chairman
Budget & Planning Committee
Personnel Committee
Roanoke Redevelopment and Housing Authority, Board
of Commissioners - Council Liaison Member
Fifth Planning District Commission
Greater Roanoke Transit Company Board of Directors
Downtown Housing Task Force - Ex-Officio
Housing Strategy Task Force
Council Member Elizabeth T. Bowl es
Water Resources Committee, Chairman
Audit Committee
Budget & Planning Committee
Personnel Commi tree
Art Committee - Roanoke City Courthouse
Western Virginia Development Committee
Mill Mountain Development Committee
Fifth P) anning District Commission
Greater Roanoke Transit Company Board of Directors
Roanoke Arts Commission
Total Action Against Poverty in the Roanoke
Valley - Board of Directors, City Representative
Roanoke Mayor's Committee for the Disabled
Council Member Robert A. Garland
Bid Committee, Chairman
Budget & Planning Committee
Greater Roanoke Transit Company Board of Directors
City of Roanoke Transportation Safety Commission
Personnel Commi tree
Unified Human Services Transportation System,
Inc., Board of Directors
Roanoke Civic Center Commission
Water Resources Committee
Vice-Ma,,or Beverly T. Fitzpatrick, Jr.
Audit Committee
Water Resources Committee
Budget & Planning Committee
Personnel Committee
Greater Roanoke Transit Company Board of Directors
Housing Strategy Task Force - Ex-Officio
Cable Television Committee
Regional Cable Television Committee
Fifth Planning District Commission
331
ACTION:
ACT ION:
Council Member Howard E. Musser
Personnel Committee, Chairman
Budget & Planning Committee
Greater Roanoke Transit Company Board of Directors
Water Resources Committee
Audit Committee
Cable Television Committee, Chairman
Regional Cable Television Committee
War Memorial Committee, Chairman
Mill Mountain Zoo, Inc. (Liaison Council Member)
Council Member James O. Trout
Economic Development Commission, Chairman
Budget & Planning Committee
Greater Roanoke Transit Company Board of Directors
Personnel Committee
Audit Committee
Virginia Muse~n of Transportation Board of
Di rectors
Downtown Housing Task Force - Ex-Officio
(For full text, see con~unication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the appointments. The
motion was seconded by Mr. Garland and unanimously adopted.
INDUSTRIAL DEVELOPMENT AUTHORITY: A communication from Mr.
Robert E. Glenn, Attorney, representing the Industrial Development
Authority, requesting approval of a plan to assist Our Lady of the
Valley, Inc., in financing the acquisition, construction and equipping
of a facility for the residence and care of the elderly to be located
at the northwest corner of the intersection of Patton Avenue and
Jefferson Street, by issuance of revenue bonds, in an amount estimated
not to exceed $7,750,000.00, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29219(a)) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of Our Lady of the Valley, Inc. to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 50, page 668.)
Mr. Garland moved the adoption of Resolution No. 2921g{a). The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ........................................
.O.
II~DUSTRIAL DEVELOPMENT AUTHORITY: A communication from Mr.
Robert E. Glenn, Attorney, representing the Industrial Development
Authority of the City of Roanoke, requesting approval of a plan to
assist The Roanoke Lutheran Retirement Community, Inc., t/a Brandon
Oaks, in financing the construction and equipping of a facility for the
residence or care of the elderly in the City of Roanoke, by issuance of
revenue bonds, in an amount estimated at $20,000,000.00, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29220) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for
the benefit of The Roanoke Lutheran Retirement Community, Inc. to the
extent required by Section 147 of the Internal Revenue Code of 1986, as
amended.
(For full text of Resolution, see Resolution Book No. 50, page 669.)
332
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 29220. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ...................................... 7.
NAYS: None ............
Oe
BUDGET-SCHOOLS: A communication from tile Roanoke City School
Board requesting that Council appropriate $5,392,g00.00 for the renova-
tion of seven elementary schools which ~re constructed prior to 1930;
advising that the program includes proceeds from the 1985 Capital Bond
issue, in the amount of $1,192,g00.00, proceeds from the 1988 Capital
Bond issue, in the amount of $3,200,000.00 and loan proceeds from the
State Literary Fund, in the amount of $1,000,000.00, was before
Council.
The Board further requested appropriation of $364,160.00 in pro-
ceeds from the 1989 Vehicle Replacement and Capital Maintenance and
Equipment Replacement Funds, advising that monies will be used for the
replacement of twelve school buses in accordance with the Virginia
Department of Education school bus replacement schedule.
It was advised that the School Board will appreciate approval of
the requests which will enable the Board to co~ence renovation of
Highland Park Elementary School and to purchase new school buses prior
to the start of the school year.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that the request from
the School Board is to appropriate $5,392,900.00 to renovate seven ele-
mentary schools and $364,160.00 to replace school buses; that funds for
renovation of the schools will include $1,192,900.00 from the 1985
Capital Bond Issue, $3,200,000.00 from the 1988 Capital bond issue and
$1,000,000.00 in Literary Fund loans; that funds for the school buses
will include $150,000.00 from the General Fund contingency for capital
asset replacement and $214,160.00 from the Capital Maintenance and
Equipment Replacement Program, was also before Council.
The Director of Finance recommended adoption by Council of a
budget ordinance to appropriate funds as requested by the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29221) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing l~or
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 670.)
Mr. Trout moved the adoption of the Ordinance. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............ 7.
NAYS: None ............
.0.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from Mr.
Donald M. Caldwell, Commonwealth's Attorney, with regard to acceptance
of a Victim-Witness Assistance Program Grant, was before Council.
The Commonwealth's Attorney advised that the Victim/Witness/Juror
Program has been awarded a ten month, $19,048.00 grant (No. 88A6680)
for September 1988 through June 1989, which will be matched by a local
cash match of $14,514.00 (including salary supplement), for a total
grant budget of $33,562.00; that the Victim/Witness/Juror Program con-
tinues to operate with a full-time coordinator, as well as a part-time
Victim-Witness Advocate, for Juvenile and Domestic Relations District
Court; and duties have expanded and increasingly greater contact has
been made with persons in need of program services.
333
II
ACTION:
ACTION:
ACTION:
It was explained that the Victim/Witness/Juror Program is coor-
dinated by the Office of the Con~nonwealth's Attorney, which 1988-89
budget ~vas approved by Council and included a local cash match grant
fund of $14,514.00.
The Comnonwealth's Attorney recoq~mended that Council accept and
participate in the Department of Criminal Justice Services Grant for
the Victim/Wi tness/Juror Assi stance Program, i n the amount of
$19,048.00, with the City providing a local cash match of $14,514.00
(including salary supplement) from funds provided in the Commonwealth's
Attorney's fiscal year 1988-89 budget; that the City Manager be
authorized to sign and execute all appropriate doc~nents; and that
Council appropriate $19,048.,00 in state 9rant funds and transfer
$14,514.00 in local matching funds from General Fund Account No. 001-
026-2210-9536, to the Grant Fund into accounts to be established by the
Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
request of the Commonwealth's Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
Mrs. Bowles offered the following emergency budget Ordinance:
(#29222) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 671.)
Mrs. Bowles moved the adoption of Ordinance No. 29222. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Tayl or ............ 7.
NAYS: None ........................
0
Mrs. Bowles offered the following Resolution:
(#29223) A RESOLUTION authorizing the acceptance of Grant No. 88-
A6680 made to the City of Roanoke by the State Department of Criminal
Justice Services for a Victim/Witness/Juror Assistance Program, and
authorizing execution and filing by the City Manager of the conditions
of the grant and other grant doc~nents.
(For full text of Resolution, see Resolution Book No. 50, page 672.)
Mrs. Bowles moved the adoption of Resolution No. 29223. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ................. 7.
NAYS: None ........ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY PROPERTY: The City Manager submitted a written report
advising that concern has been expressed over the last few years from
employees and the general public about smoking in City-owned buildings;
and he appointed an employee task force composed of smokers and non-
smokers in November, 1987 to study the issue of smoking in City
buildings and facilities.
334
The task force found that decisive evidence exists
that "second-hand or passive" smoke adversely
affects the health of non-smokers.
The co,mn[tree recommnended regulations to the City
Manager after examining smoking policies of the
Federal Government, Federal ly-owned buildings,
other local governments and private businesses,
The regulations were written to protect the non-
smoker's right not to be exposed involuntarily and
to recognize the needs of those who smoke by per-
mitting smoking only in designated areas.
It was explained that the City Manager circulated the proposed
regulations on March 22, 1988, for employee comment and input; that a
vast majority of City workers were in favor of the regulations as writ-
ten and want a smoke-free environment; that two responses were not in
favor of the regulations as written, one felt that the regulations were
too stringent and one felt that the regulations were too lenient and
smoking should be eliminated completely; that minor technical changes
were made to the regulations as a result of employee suggestions; and
the Administration plans to implement Administrative Memorandun No.
88-1/Smoking Regulations, effective August 1, 1988, in all buildings
occupied by City personnel under the jurisdiction of the City Manager.
(For full text, see report on file in the City Clerk's Office.)
(No action was taken by Counctl on the above report.)
ITEMS RECOMMENDED FOR ACTION:
STATE HIGHWAYS-TRAFFIC: The City Manager submitted a written
report advising that the Virginia Department of Transportation (VDOT)
continuously develops various phases of the City Council approved high-
way projects; that these phases include such items as preliminary engi-
neering, right-of-way acquisition and project construction; that
billings to the City from the VDOT are done on an interim basis; that
billings represent the City's share of the expenditures to date
(generally five per cent); and the receipt of the bills does not follow
any specific timetable and in many cases are received individually for
each project.
It was explained that Capital Fund Accounts are established for
each project in the amount of the estimated billings that are antici-
pated for the year; and this provides for easier payments of interim
bills; however, there may be instances when additional requests to
Council for transfers are needed to cover interim bills.
It was further explained that the Capital Improvement Program
approved for fiscal years 1988-1992 includes $900,000.00 to provide for
the City's share of anticipated highway project costs over a three year
period, and of. this amount, $500,000.00 is designated to come from the
1988 Bond Series; and appropriation of $160,000.00 from the Streets and
Bridges category of the 1988 Bond Series to individual project accounts
is needed to cover anticipated billings.
The City Manager advised that individual projects are funded from
their respective highway accounts and utility accounts depending upon
the extent of water and sewer relocation needed on each project; that
eight highway construction projects for which funds are currently allo-
cated in the VDOT's Six-Year Improvement Program require continued
funding in order to meet the costs anticipated on these projects for
fiscal year 1988-89, and transfers for each project are listed an an
attachment to the report.
It was further advised that two of the highway construction pro-
jects (which the City has agreed to administer -- First Street/Gains-
boro Road and Wells Avenue) require that a receivable account and an
appropriation account be established, in the amount of $1,002,342.24,
which is the amount of the contract between the City of Roanoke and
335
II
ACT ION:
Mattern and Craig, Consulting Engineers, approved by Council on
December 21, 1987, pursuant to Ordinance No. 28916; that establishing
the accounts will enable advance receipt of funds from VDOT on a
monthly basis to cover expenses that the City expects to incur in this
contract; and the funding format was previously agreed to by VDOT in an
agreement dated August 20, 1987, which Council authorized the City
Manager to execute on July 27, 1987.
The City Manager recommended the fol lowing:
Authorize the Director of Finance to transfer
$160,000.00 from the Streets and Bridges category
of the 1988 Bond Series to the individual project
accounts as listed on Attachment No. 1 to the
report in their respective amounts.
Establish a receivable account and appropriate the
amount of $1,002,342.24 to Account No. 008-052-
9547-9007, First Street/Gainsboro Road and Wells
Avenue, for receipt of funds from the State made on
the basis of monthly estimates of expenses to be
incurred and subsequently paid by the City to
Mattern & Craig, Consulting Engineers, for the
First Street/Gainsboro Road and Wells Avenue pro-
jects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emer§ency budget Ordinance:
(#29224) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 672.)
Mr. Garland moved the adoption of Ordinance No. 29224. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Tayl or-- 7.
NAYS: None ..... O.
CITY PROPERTY-SCHOOLS: The City Manager submitted a written
report advising that Tinker Creek School was built in 1918 and was last
used as a public school in 1969; that the City School Administration
had offices there until 1971; that the Roanoke Valley Science Museum
occupied the building between 1976 - 1983, until relocating to Center-
In-The-Square; and the Roanoke Neighborhood Partnership and the
Williamson Road Action Forun attempted to develop a project for con-
verting the building into a center for the arts, which efforts were
unsuccessful.
It was explained that storage of surplus City equipment is the
only use being made of the former school building; that relocation of
equipment to more secure facilities is contemplated; and continuing
deterioration of the building is occurring, with exterior painting and
a new roof, estimated to cost $40,000.00, representing minim~n items if
the building is to remain standing.
The City Manager rec(~nmended that he be authorized to proceed with
demolition of the former Tinker Creek School building and that the site
be restored so as to serve as an open space/neighborhood recreation
area for the adjoining residential community.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
336
ACTION:
ACTION:
ACTION:
(~29225) A RESOLUTION authorizing the demolition of the building
formerly known as Tinker Creek School.
(For full text of Resolution, see Resolution Book No. 50, page 673.)
Mrs. Bowles moved the adoption of Resolution No. 29225. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............................ 7.
NAYS: None ...................
HOUSING: The City Manager submitted a written report advising
that Council, pursuant to Ordinance No. 25684, recognized, approved and
supported the Comprehensive Revitalization Plan for Gainsboro; that the
City Manager entered into a contract, dated September 3, 1981, with the
Gainsboro Project Area Committee (PAC) and the Gainsboro Neighborhood
Development Corporation (GNDC) whereby the corporations agreed to
implement the Plan; and Council has authorized annual contracts since
1981 with PAC and GNDC for the continued implementation of certain
Action Projects.
It was further advised that the agreement of July 1, 1987, expired
on June 30, 1988; that unfinished and continuing activities remain to
be carried out in the Gainsboro neighborhood; that Council approved the
fiscal year 1988-89 CDBG Statement of Objectives, including $18,960.00,
in administrative funds f~or Gainsboro PAC and GNDC; and administrative
agreement among the City, Gainsboro PAC and GNDC is necessary before
the PAC/GNDC can perform and receive payment for administrative activi-
ties.
The City Manager recommended that he be authorized to execute an
agreement with the Gainsboro PAC/GNDC for implementation of certain
revitalization activities and authorize the Director of Finance to
transfer CDBG funds to the following CDBG accounts:
035-086-8605-5051
035-087-8/05-5051
$ 8,856.00
10,104.00
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29226) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 674.)
Mrs. Bowles moved the adoption of Ordinance No. 29226. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowles
and Mayor Taylor ........ 6.
NAYS: Council Member Bowers .....
Mrs. Bowles offered the following emergency Ordinance:
(#29227) AN ORDINANCE authorizing the execution of an agreement
among the City of Roanoke, the Gainsboro Project Area ConTnittee, Inc.,
and the Gainsboro Neighborhood Development Corporation pertaining to
the implementation of certain Action Projects within the Gainsboro area
for the period commencing July 1, 1988, and ending December 31, 1988;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 674.)
Mrs. Bowles moved the adoption of Ordinance No. 29227. The motion
was seconded by Mr. Garland and adopted by the following vote:
ACT[ON:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowl es and Mayor Taylor-- 6.
NAYS: Council Member Bowers .....
WATER DEPARTMENT: The City Manager submitted a written report
advising that advertis~nent of public notice to seek engineering ser-
vices to replace the Falling Creek Filter Plant and Valve Tower was
placed in the local newspaper on April 4, 1988; that four engineering
firms responded to the request for services; and Hayes, Seay, Mattern
and Mattern, [nc., was selected as the most qualified engineering firm
for the project.
It was explained that the project consists of the design of a 1.9+
million gallon per day filter plant that will comply with the existing
regulations of the State Health Department and the State Water Control
Board; that the new filter plant will replace the existing process
equipment and facilities and should fit within the existing filter
plant building; that modifications will be made to the building to pro-
vide office and laboratory space, toilet facilities and a new heating
system; and the existing valve tower in Falling Creek Dam is to be
redesigned and moved close enough to the dam face to permit a bridge
connection rather than access by boat.
The City Manager submitted the following recommendations:
Authorize him to execute an engineering services
contract, in a form acceptable to the City
Attorney, with Hayes, Seay, Mattern & Mattern,
[nc., for design development, construction docu-
ments, bidding supervision and construction inspec-
tion of the 1.9+ million gallon per day filter
plant and redesign of the valve tower as required
for a fee, as follows:
Basic Services
Additional Services
Reimbursable Expenses
$ 132,/01,00
8,000.00*
2,200.00*
Total $ 142,901.00
*Expenditure of these fees to be administratively
approved.
Appropriate $88,901.00 from the Water Fund Retained
Earnings Account to the existing $54,000.00 in the
Falling Creek Plans & Specifications Account No.
002-056-8325-9060, for a total project amount of
$142,901.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29228) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 675.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29228. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Taylor ................ 7.
NAYS: None ........... O.
Mr. Fitzpatrick offered the following emergency Ordinance:
337
338
ACTION:
(#29229) AN ORDINANCE authorizing the execution of a contract
with Hayes, Seay, Mattern & Mattern, lnc,, to provide engineering ser-
vices to replace the Falling Creek Filter Plant and valve tower; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 676.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29229. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Taylor ......................... 7.
NAYS: None ........ O.
BUDGET-PUBLIC ASSISTANCE: The City Manager submitted a written
report advising that the State Department of Social Services has, since
the adoption of the fiscal year 1988-89 budget, allocated supplemental
funds to the local Social Services Department, in the amount of
$1/3,880.00, requiring $17,988.00 in local matching funds; and supple-
mental funding is allocated on the fo]lowing basis:
$136,275.00 will be 90 per cent reimbursed by the
State with 10 per cent bein9 local funds.
$ 21,805.00 will be 80 per cent reimbursed by the
State with 20 per cent being local funds.
$15,800.00 will be 100 per cent reimbursed by the
State.
It was explained that supplemental funding is allocated for the
purchase of the roi]owing services:
$136,275.00 - Day Care for Children.
$ 21,805.00 - In-Home Services for Adults.
$ 15,800.00
Independent Living for Foster
Care Children.
It was further explained that Council is requested to transfer
available local funds to match the supplemental funds allocated by the
State Department of Social Services.
The City Manager recommended that Council authorize the following:
Transfer $1,644.00 from Local Cash Match, Account
No. 001-054-5314-3135, and $16,344.00 from the
General Fund Contingency, Account No. 001-002-9410-
2199, to Department of Social Services, Account No.
001-054-5314-3160, Purchase of Services.
Increase revenue estimate of funds received from
the State Department of Social Services, Account
No. 001-020-1234-0683, and correspondin9 increase
in expenditure Account No. 001-054-5314-3160 by
$155,892.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
339
II
ACTION:
ACTION:
(#29230)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 676.)
Mr. Musser moved the adoption of Ordinance No. 29230. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Taylor-- 7.
NAYS: None ..................................................... O.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report concurring in a recommendation of a Bid Con~ittee with reference
to bids for water and sewage treatment chemicals for fiscal .year
1988-89.
The Bid Committee recommended that Council award bids for
supplying water and sewage treatment chemicals to the City of Roanoke
for the period July 1, 1988 through June 30, 1989, as follows:
Liquid Alan - to General Chemical Corporation for
$.315171 per gallon.
Standard Ground Alan - to Suffolk-Gowen Chemical
Co., Inc., for $214.20 per ton plus $5.00 per
invoice for insurance surcharge.
Liquid Chlorine - to Van Waters & Rogers, inc., for
$50.00 per cwt for 150 lb. cylinders and $25.00
per cwt for 2,000 lb. cylinders.
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29231) AN ORDINANCE accepting certain bids made for providing
chemicals for water and sewage treatment; rejecting other bids; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 677.)
Mrs. Bowles moved the adoption of Ordinance No. 29231. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor. 7.
NAYS: None ....... O.
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that Vinyard Park, located in northeast Roanoke City,
is owned and is to be developed by the County of Roanoke as a public
recreation facility of the County; and the County's long-range plan for
development of the park includes soccer and baseball fields, tennis,
basketball and volleyball courts, parking, and a new access road.
It- was explained that a new access road from a City street
(Berkley Road) is proposed by the County to provide adequate ingress
and egress for the subject park; and the Recreational Access Road
Program of the Con~onwealth of Virginia provides one hundred per cent
construction cost of the approved access roads to publicly-owned
recreational areas, under certain terms and conditions.
It was further explained that the County of Roanoke requested City
assistance in securing allocation of Recreational Access Funds for the
construction of the proposed access road to Vinyard Park; that since
the majority of the park lies within the City of Roanoke and access
would be to a City street, the request for Recreational Access Funds
must be made by the City of Roanoke and, in making the request, the
City must do the following:
340
ACTION:
ACTION:
Request the State to designate Vinyard Park as a
public recreation area.
Request the State to designate the access road as a
"Virginia Byway".
Agree to reasonably protect the aesthetic or
cultural value of the access road.
The City Manager explained that the Comnonwealth Transportation
Board has allocated the amount of $26,000.00 to provide access to
Vinyard Park; which is contingent upon the passage of an appropriate
resolution by the Roanoke City Council requesting the funding; that an
appropriate agre~nent between the City and the County has been deve-
loped by the City Attorney and approved by the Roanoke County Board of
Supervisors; that the agreement will hold the City free from any obli-
gations for funding, utilities, signage, right-of-way, engineering,
construction, maintenance, snow removal, garbage collection, street
cleaning, public liability, security, police services, etc., before,
during and after the completion of the subject access road project.
The City Manager recommended that Council adopt the appropriate
measure requesting State Recreational Access Funds for a new access road
to the County of Roanoke's Vinyard Park located mostly within the
Roanoke City limits; and authorize the City Manager to sign an agree-
ment with the County of Roanoke relative to the subject access road
project.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29232) AN ORDINANCE authorizing an agreement with the County of
Roanoke to provide for construction of an access road to Vinyard Park,
upon certain terms and conditions; authorizing the appropriate City
officials to execute the requisite contract; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 678.)
Mrs. Bowles moved the adoption of Ordinance No 29232. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Tayl or ........ 7.
NAYS: None .......... O.
Mrs. Bowl es offered the following Resolution:
(#29233) A RESOLUTION requesting funding from the City's 1987-88
allocation of Recreational Access Funds for construction of a road
serving Vinyard Park, subject to certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 50, page 678.)
Mrs. Bowles moved the adoption of Resolution No. 29233. The
motion was seconded by Mr. Fitzpatrick and adopted by the fol)owing
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .......... 7.
NAYS: None ................
--0o
Resolution No. 71288-2 adopted by the Roanoke County Board of
Supervisors at its meeting on Tuesday, July 12, 1988, advising that the
County agrees to bear all costs associated with the construction and
maintenance of the access road; that the County will assume respon-
sibility for all claims arising from the condition of said road which
may be filed against the City and further, that the County will certify
public liability insurance coverage in the minimum amount of $1 million
ACT ION:
bodily injury and property damage; that the park will be subject to all
police power ordinances of the City; that the park will not be lighted
without the written approval of the City Manager; and that City resi-
dents will be permitted to use the park on the same basis as City resi-
dents may use County parks, was before Council.
(For full text, see report and Resolution on file in the City Clerk's
Office,)
Mr. Fitzpatrick moved that the Resolution be received and filed.
The motion was seconded by Mr. Trout and unanimously adopted.
DIRECTOR OF FINANCE:
BUDGET-HOUSING-BUSES: The Director of Finance submitted a written
report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a large segment of the
City's Community Development Block Grant Program; that the Housing
Authority receives program income during the course of its administra-
tion of various projects by renting properties, by receiving rehabili-
tation loan repayments from project area residents, and by receiving
repayments of loan loss reserve funds as housing loans are repaid; and
the Housing Authority is required to transfer the program income to the
City of Roanoke and the City is required to use the income for a com-
munity development activity.
It was explained that the Housing Authority has made payment to
the City, in the amount of $184,063.00, through June 30, 1988, for the
following categories of program income:
$24,786.00 in Housing Rehabilitation Loan Loss
Reserve repayments received from lenders.
$1/,955.00 in parking lot rentals in the Downtown
East Project in excess of parking lot income pre-
viously appropriated.
$13,322.00 in rehabilitation loan repayments by
project residents in excess of amounts previously
appropriated.
$128,000.00 from the sale of land in the Deanwood
Community Development Project area.
It was further explained that the Greater Roanoke Transit Company
manages the daily operation of the Williamson Road Parking Garage; that
a portion of the annual net income of the Williamson Road Parking
Garage is considered program income as a result of UDAG funding pro-
vided to construct the garage; that the Company transfers these fl,nds
to the City, and the City of Roanoke is required by grant agreement to
use the funds for housing rehabilitation.
Mr. Schlanger advised that no program income will be received for
the year ending June 30, 1988, as a result of a projected net operating
loss for the UDAG-funded portion of the Garage for fiscal year 1988;
and his report deappropriates $5,000.00 of program income previously
appropriated which will not be received.
Mr. Schlanger further advised that the City has received the
following miscellaneous program income:
$15,376.00 in repayments of CDBG loans made to the
NNEO (Northwest Neighborhood Environmental Organi-
zation).
$563.00 in repayments of a CDBG loan to Chemical
and Paper Services, [nc.
341
342
$12,750.00 in interest payments received from
Fralin and Waldron, inc., for its CDBG float loan
for the Market Building,
The Director of Finance recon~ended that Council appropriate the
total of $212,/52.00 in program income received from the Housing
Authority and other sources and deappropriate $5,000.00 as follows:
$17,955.00 to Account No. 035-087-8740-5183,
Unprogrammed CDBG - Parking Lot Income. This
amount will be available for future appropriation
transfers for a community development purpose.
$38,108.00 to Account No. 035-08/-8740-5180,
Unprogrammed CDBG - Rehabilitation Loans. This
amount will be available for future appropriation
transfers for a community development purpose.
$15,376.00 to Account Nos. 035-087-8740-5187
($2,876.00) and 035-088-8840-5187 ($12,500.00),
Unprogrammed CDBG - NNEO Loan Repayments. This
amount will be available for future appropriation
transfers for a community development purpose,
$563.00 to Account No., 035-087-8740-5186, Unpro-
grammed CDBG - Chemical and Paper Service Loan.
This amount will be available for future appropria-
tion transfers for a community development purpose.
$12,750.00 to Account No. 035-087-8740-5188,
Un programmed CDBG - Fralin and Waldron Interest
Payments on F1 oat Loan. This amount will be
available for future appropriation transfers for a
communi ty development purpose.
$128,000.00 to Account No. 035-087-8740-5179,
Unprogrammed CDBG - Deanwood Land Sale Proceeds.
This amount will be available for future appropria-
tion transfers for a community development purpose.
$5,000.00 to be deappropriated from Account No.
035-087-8740-5183, Unprogrammed CDBG, representing
previously estimated revenue from Williamson Road
Garage which will not be realized.
Increase CDBG Grant Fund Revenue Accounts as
fol 1 ows:
035-035-1234-8802
035-035-1234-8803
035-035-1234-8804
035-035-1234-8807
035-035-1234-8809
035-035-1234-8815
035-035-1234-8821
035-035-1234-8911
$ 17,955.00
38,108.00
128,000.00
(5,000.00)
2,8/6.00
563.00
12,750.00
12,500,00
$ 207,752.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29234) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 679.)
343
ACT[ON:
ACTION:
ACT[ON:
Mr. Bowers moved the adoption of Ordinance No. 29234, The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............. 7.
NAYS: None ............
REPORTS OF COMMITTEES:
AIRPORT: A report from Mr. W. Robert Herbert, Chairman, Roanoke
Regional Airport Conm~ission, advising that the Commission has adopted a
Resolution approving the plan of financing for the issuance by the
Commission of Airport revenue bonds; that the bonds are to be in an
amount not Lo exceed $7,300,000.00, the proceeds to be used to finance
a portion of the cost of expansion and modernization of the Airport
Terminal Project, was before Council.
It was explained that the Con~nission has been informed by its bond
counsel that, in accordance with the requirements of the Internal
Revenue Code and Virginia law, the Roanoke City Council and the Roanoke
County Board of Supervisors should approve the plan of financing,
therefore, on behalf of the Roanoke Regional Airport Co~mnission, Mr.
Herbert requested Council's consideration of a proposed Resolution.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following Resolution:
(#29235) A RESOLUTION approving the plan of financin9 for the
issuance by the Roanoke Regional Airport Comnission of its Airport
revenue bonds.
(For full text of Resolution, see Resolution Book No. 50, page 680.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29235. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor-- 7.
NAYS: None ............... O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29199 rezoning a tract of land located at
2315 Colonial Avenue, S. W., identified as Official Tax No. 1270541,
from RM-1, Residential Multi-Family, Low Density District, to C-1,
Office District, having previously been before the Council for its
first reading on Monday, July 11, 1988, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29199) AN ORDINANCE Lo amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 127, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 665.)
Mrs. Bowles moved the adoption of Ordinance No. 29199. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor .................. 7.
NAYS: None ............
ZONING: Ordinance No. 29200 rezoning a tract of land containing
approximately one acre, more or less, located at the northeasterly
corner of Bennington Street and Edgerton Avenue, S. E., described as
Lots 15 - 17, respectively, Section 2, Revised Map of the westerly por-
344
ACTION:
ACTION:
ACTION:
tion of Riverdale, Official Tax Nos. 4340807 - 4340809, respectively,
from RM-1, Residential Multi-Family, Low Density District, Lo C-2,
General Commercial District, having previously been before the Council
for its first reading on Monday, July 11, 1988, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#29200) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 434, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 666.)
Mrs. Bowles moved the adoption of Ordinance No. 29200. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ............. 7.
NAYS: None ......... O.
ZONING: Ordinance No. 29201 rezoning a tract of land located at
332 Fugate Road, N. E., identified as Official Tax No. 3101209, from
RM-1, Residential Multi-Family, Low Density District, Lo RM-2,
Residential Multi-Family, Mediun Density District, subject Lo certain
proffered conditions, havin9 previously been before the Council for its
first reading on ~bnday, July 11, 1988, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
{#29201) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 667.)
Mrs. Bowles moved the adoption of Ordinance No. 29201. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowles and Mayor Taylor ........ 7.
NAYS: None .............
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:20 p.m., the Mayor declared the meeting in recess.
At 4:25 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance.
PARKS AND PLAYGROUNDS-CLAIMS: The City Attorney submitted an
Ordinance authorizing acceptance of settlement of the City's claim
against Insurance Company of North America for release and discharge of
such company for claims arising out of loss of funds by the City's
Parks and Recreation Department.
Mr. Musser offered the following emergency Ordinance:
(#29236) AN ORDINANCE authorizing the acceptance of an offer of
settlement of the City's claim against Insurance Company of North
America, upon certain terms and conditions; authorizing the appropriate
City officials to execute a release of claim and related dock~nentation;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 681.)
Mr. Musser moved the adoption of Ordinance No. 29236. The motion
was seconded by Mr. Bowers and adopted by the following vote:
345
11
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers, Bowl es and Mayor Taylor--- 7.
NAYS: None ........................ O.
ECONOMIC DEVELOPMENT COMMISSION: The Mayor advised that there is
a vacancy on the Economic Development Commission inasmuch as Robert D.
Obey no longer resides in the Con~nonwealth of Virginia, for a term
ending June 30, 1990, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Alvin Nash.
There being no further nominations, Mr. Nash was elected as a
member of the Economic Development Commission to fill the unexpired
term of Mr. Robert D. Obey, ending June 30, 1990, by the following
vote:
FOR MR. NASH: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ..... 7.
GARBAGE REMOVAL: The Mayor advised that the four year term of
John H. Parrott as a representative of the City of Roanoke on the
Roanoke Valley Regional Solid Waste Management Board will expire on
July 31, 1988, and called for nominations to fill the vacancy.
Mrs. Bowles placed in nomination the name of John H. Parrott.
There being no further nominations, Mr. Parrott was reelected as a
representative of the City of Roanoke on the Roanoke Valley Regional
Solid Waste Management Board for a term of four years ending July 31,
1992, by the following vote:
FOR MR. PARROTT: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor. 7.
HOUSING: The Mayor advised that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority created by the resignation
of Maury L. Strauss for a term ending August 31, 1990, and called for
nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Jack Loeb.
There being no further nominations, Mr. Loeb was elected as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority
to fill the unexpired term of Maury L. Strauss, resigned, ending
August 31, 1990, by the following vote:
FOR MR. LOEB: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowl es and Mayor Taylor ...... 7.
PLANNING: The Mayor advised that the three year term of Ross C.
Hart as a member of the Fifth Planning District Commission expired on
June 30, 1988, and called for nominations to filJ the vacancy.
Mr. Bowers placed in nomination the name of Ross C. Hart.
There being no further nominations, Mr. Hart was reelected as a
member of the Fifth Planning District Commission for a term of three
years, ending June 30, 1991, by the following vote:
FOR MR. HART: Council Members Fitzpatrick, Garland, Musser,
Trout, Bowers, Bowles and Mayor Taylor ............................... 7.
Mr. Bowers moved that the City residency requirement be waived in
this instance. The motion was seconded by Mr. Fitzpatrick and unani-
mously adopted.
TRADE AND CONVENTION CENTER: The Mayor advised that it has been
requested that two members of Council be appointed to ~ork with the
Trade Center Task Force, whereupon, he opened the floor for nomina-
tions,
Mr. Garland placed in nomination the name of Mayor Noel C. Taylor.
Mr. Trout placed in nomination the name of Vice-Mayor Beverly T.
Fitzpatrick, Jr.
346
ACT[ON:
There being no further nominations, Mayor Taylor and Vice-Mayor
Fitzpatrick were elected as mmnbers of the Trade Center Task Force by
the following vote:
FOR MAYOR TAYLOR AND VICE-MAYOR FITZPATRICK: Council Members
Fitzpatrick, Garland, Musser, Trout, Bowers, Bowles and Mayor Taylor-7.
There being no further business, the Mayor declared the meeting
adjourned at 4:30 p.m.
APPROVED
ATTEST.'~ ~PO~
City Clerk
Mayor
347
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 8, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 8, 1988, at 7:30 p.m., the regular
meetin9 hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor ............. 7.
ABSENT: None ..........
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Philip R. Thomas,
Pastor, King's Memorial Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
STATE OF THE CITY ADDRESS: The Mayor presented his 1988 State of
the City Address containing the following reco~endations:
"1
Along with my earlier reco~endation that the
City pursue a diversified economic development
strategy involving downtown, industrial areas,
tourism and conventions, I al so strongly
reco~end that we look at the current City
organizational structure, manpower, and money
available to market the City to see if we have
the ability to pursue these diverse areas
vigorously. In addition, I recommend that the
resources and monies now devoted to economic
development be increased during the coming
year. Just as was pointed out to us in
constructing a trade center: When we build
such a facility we must have a equally
effective marketing effort in order to fill
the building, as we pursue the diversifica-
tion of Roanoke's economy and economic
development strategy, one must have signifi-
cant marketing and organizational resources.
Therefore, I would like to ask the City
Manager to come back with a plan to help us
address these areas.
Working with the Civic Center Con~ntssion, the
City must establish a plan for increasing
sporting events in the City. For a community
our size, Roanoke has outstanding athletic
facilities, including soccer and softball
fields, Victory Stadia, and the Colise~ at
the Civic Center.
Experience indicates the Coltset~ is being
used more and more for trade and exhibit
shows, limiting its availability for indoor
sports events. Of course, this situation will
change when the Trade and Convention Center
opens. However, we must plan now to have a
Coliseum wi th sporttng events on a regular
basis.
348
o
There are ntmerous activities that would be
appropriate at our Colise~, and I urge the
Civic Center Con~nission to proceed with the
establ i shment of a commi tree wi th the
responsibility of planning and executing a
program to increase utilization of this
outstanding facility.
Increasingly, sports is one of the ingredients
of a successful City. People have more
leisure time and discretionary income for
sporting events. Recently, I saw the front
page of The Charlotte Observer after the
Atlantic ¢o~§t Conference had decided to hold
its basketball tournament in Charlotte's new
Colise~. In three days, the tournament will
generate spending of 4& .% mil ! ion in
Charlotte. Since a majority of spectators
attending events at our Col iset~n are from out
of town, the economic impact of additional
events will be significant on our community.
! recommend that we make the City of Roanoke
the premiere 'Festival City' of Virginia. We
clearly need to improve our identity in both
the Commonwealth and nationally. This has
been noted in several recent economic
development studies. Many established events
would benefit greatly by the increased public
awareness such a designation would bring.
Roanoke clearly needs a coordinated, compre-
hensive calendar of public events so that
scheduling conflicts might be avoided and
opportunities made known. This matter should
be referred to the City Manager and the
Special Events Coordinator for the development
of a yearly calendar and publication and
distribution thereof. The calendar should
include all of the festival activities that we
have al ready developed and all other signifi-
cant festival activities sponsored by other
groups who wish to join with us. These groups
would share our name and logo which the
project will develop.
! further recommend that the calendar of
actual events will begin on Thanksgiving day
and continue with all Christmas events listed
and all downtown buildings lighted with
matching lights. The n~nber of events will
increase in future years, and ! will work as a
volunteer with the Administration to make it
happen. We already have the streets, build-
ings, and many of the assets in place that
will greatly aid in making the 'Star City'
Virginia's 'Festival City.'
The City and Downtown Roanoke, Incorporated,
have already initiated discussions that, we
hope, will result in yet another public/
private partnership-- a major upgrading of
our downtown holiday decoration program.
! believe drug abuse should be a primary
concern of el ected official s, educators,
business leaders, and neighborhood
representatives. The Roanoke Police Depart-
ment serves as the primary City agency dealing
with the drug abuse problem through a variety
of enforcement strategies involving all levels
of government, and through prevention partner-
ships with schools and neighborhood groups.
349
II
[ recommend that the City Manager appoint a
drug abuse task force calling on the entire
com~nunity to participate in fighting drug
abuse. The Task Force should be charged with
soliciting input from al! sectors of the
community to identify gaps in services and to
create increased networking among agencies. [t
is my hope that the Task Force wi]! develop
recommendations and a report that wtl! serve
as a long range plan to curb the drug abuse
problem in Roanoke.
Lacking a vaccine against aids, health
education remains the only too] we have to
protect these potential aids patients not
already infected. The National Academy of
Sciences recommends a spending level of $1
billion by 1991 to educate those at risk and
the general public, and $1 billion for aids
research. While the cost of such a concerted
research effort and media/education campaign
are high, they appear small when compared to
the health care costs to be incurred if such
efforts are not made.
I recommend that we encourage our federal
officials to ensure health care costs for aids
patients and to prevent all forms of discri-
mination against those who are stricken with
this disease.
[ recommend that we ask the Regional Airport
Commission to consider establishing a bronze
statue at our new airport terminal facility in
recognition of Roanoke Valley's three world
War II fighter aces. Many of our citizens, no
doubt, remember Major James L. Brooks who had
Thirteen victories; Lt. Col. Robert E. Woody
had nine victories and received the
distinguished service cross for downing five
enemy planes in a single raid over Berlin; Lt.
Col. Phil]ip E. Coleman scored five victories
in World War II and had four more in the
Korean War. ! think a statue of a fighter
pilot resplendent in his helmet, goggles,
parachute, and leather jacket would be a
fitting way to salute our pilots and this
could be the centerpiece for the new terminal
building.
[ recommend that we make the City of Roanoke a
national example on how to care for and
rehabi]itate the homeless. Every homeless
person in Roanoke is lacking at least one out
of the four basic needs for survival -- food,
shelter, clothing, and jobs. While addressing
the individual's basic needs for survi'~al, our
program should also be instrunental in supply-
ing the homeless with the necessary guidelines
to work towards self-sufficiency, as well as
assistance with a wide range of emergency
situations including crisis intervention and
support counsel lng.
[ suggest that the City of Roanoke ask the
Blue Ridge Parkway officials to consider the
installation of a Regional Welcome and
Information Center in connection with the
Parkway's future developments in the Roanoke
Valley. The Information Center could, hope-
fully, be used for economic development
purposes and to distribute information about
Roanoke, which is the only City that the
Parkway passes through."
350
ACTION:
ACTION:
ACTION:
ACTION:
Follovling presentation of the State of the City Address, the Mayor
relinquished the Chair to the Vice-Mayor at 8:10 p.m.
Mr. Garland moved that Reco(mnendation No. 1 be referred to the
City Manager for study, report and recolnmendation to Council, and to
1988-89 budget study for consideration by Council; that Reco~uendation
No. 2 be referred to the Roanoke Civic Center Commission for appro-
priate response; that Recommendation No. 3 be referred to the City
Manager and the Special Events Comnittee for study and appropriate
response; that Recolnmendation No. 4 be referred to the City Manager for
study and appropriate response; that Recommendation No. 5 be referred
to the City Attorney for preparation of the appropriate measure; that
Recommendation No. 6 be referred to the Roanoke Regional Airport
Commission for consideration and appropriate response; that
Recommendation No. 7 be referred to the City Manager and the City
Manager's Follow-Up Task Force on the Homeless for consideration; and
that Recommendation No. 8 be referred to Blue Ridge Parkway officials
for consideration and appropriate response. The motion was seconded by
Mr. Musser and adopted, Mayor Taylor abstaining.
At 8:15 p.m., the Vice-Mayor relinquished the Chair to the Mayor.
ACTS OF ACKNOWLEDGEMENT: Mr. Trout offered the following
Resolution commending the Roanoke Hawks basketball team and their
coach, Joe Gaither, for their performance in the 17 and under AAU
National Basketball Tournament which was played in Yakima, Washington,
on Saturday, July 16, 1988:
(#29237) A RESOLUTION commending the Roanoke Hawks basketball
team and their coach, Joe Gaither, for their performance in the 17-and-
under AAU National Basketball Tournament.
(For full text of Resolution, see Resolution Book No. 50, page 682.)
Mr. Trout moved the adoption of Resolution No. 29237. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- 7.
NAYS: None ...........
The Mayor presented Coach Gaither with a framed copy of Resolution
No. 2923/.
Mr. Trout presented Coach Gaither with a framed Key to the City.
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: The Mayor advised
that the City of Roanoke's comprehensive annual financial report for
the fiscal year ended June 30, 1987, has qualified for a Certificate of
Achievement for Excellence in Financial Reporting; that the Certificate
of Achievement is the highest fora of recognition in governmental
accounting and financial reporting; and its attainment represents a
significant accomplishment by a government and its management° He
explained that when a Certificate of Achievement is awarded to a
government, an Award of Financial Reporting Achievement is also pre-
sented to the individual designated by the government as primarily
responsible for its having earned the certificate; whereupon, the
Director of Finance accepted the framed Certificate of Achievement on
behalf of Mr. Jesse A. Hal), Administrator of City Accounting Services.
The Mayor also presented the Director of Finance with a Certifi-
cate of Achievement Plaque, and expressed congratulations on behalf of
the City of Roanoke.
PUBLIC ~EARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 8, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of Mr. and Mrs. Stephen E.
351
ACTION:
Langtson that a tract of land located a 646 Elm Avenue, S. W.,
described as Lot 4, Block 4, Lewis Reserve, Officia! Tax No. 1120703,
be rezoned from RM-2, Residential Mu!ti-Family, Mediun Density
District, to C-1, Office District, such rezoning to be subject to cer-
tain conditions proffered by the petitioner, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday, July 22,
1988, and Friday, July 29, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to provide general office space for a graphic arts
business while, at the same time, preserving an existing structure, was
also before Council.
The Planning Commission recommended approval of the requested
rezoning, advising that C-1 zoning on the property would preserve the
character of the neighborhood, initiate the rehabilitation and adaptive
reuse of an existing structure and provide a less intensive commercial
use as a transition from the adjoining C-2 zone to the west.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29238) AN ORDINANCE to amend (}36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 112, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Fitzpatrick.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29238 was adopted on its first reading by
the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............. 7.
NAYS: None .......... O.
HOUSING-PLANNING: Pursuant to Resolution No. 25223 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, August 8, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke Redevelopment and Housing Authority to amend the Land Use Map
and text of the Redevelopment Plan for Shaffer's Crossing Community
Development Project, in order to permit certain commercial uses in a
certain portion of the redevelopment area, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 22,
1988, and Friday, July 29, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~ni ssi on advising that it was
informed that the proposed amendments to the text of the redevelopment
plan were intended to bring the land use provisions and building
requirements of the redevelopment plan into conformity with the City's
new zoning ordinance; and the amendment to the land use map was
intended to reflect the pattern of existing land use in a portion of
the redevelopment area along Shenandoah Avenue not to be acquired by
the Housing Authority, was before Council.
352
ACT[ON:
It was explained that the Planning staff recon~ended approval of
both amendments; that staff noted that the proposed amendments to the
text of the redevelopment plan would eliminate conflicting require-
ments; and staff felt that the proposed amendlnent to the redevelopment
areas land use map would be consistent with the City's Comprehensive
Plan and would more accurately reflect the pattern of existing land use
along this portion of Shenandoah Avenue.
The City Planning Commission recommended to Council that the pro-
posed amendments to the Redevelopment Plan for Shaffer's Crossing
Community Development Project be approved; and, in a separate action,
the Planning Commission authorized City staff to file a petition to
rezone the affected parcels along Shenandoah Avenue from tM, Light
Manufacturing District, to C-2, General Commercial District, in order
Lo bring the City's zoning map into conformity with the amended redeve-
1 opment pl an.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29239) A RESOLUTION approving an amendment to the Redevelopment
Plan for the Shaffer's Crossing Community Development Project.
(For full text of Resolution, see Resolution Book No. 50, page 682.)
Mr. Bowers moved the adoption of Resolution No. 29239. The motion
was seconded by Mr. Trout.
A communication from Mr. Herbert D. McBride, Executive Director,
City of Roanoke Redevelopment and Housing Authority, advising that the
Housing Authority held a public hearing on Amendment No. 1 to the
Shaffer's Crossing Redevelopment Plan; that the Authority's Board of
Commissioners also approved the Amendment to the Plan on March 14,
1988; and the Plan has been amended for the following reasons:
Change the land use of twelve parcels of land
on the south side of Shenandoah Avenue, N. W.,
just east and west of its intersection with
25th Street, N. W., from tM, Light Manufactur-
ing to C-2, General Commercial. The present
land use is predominantly co~mnercial and the
change would provide the owners with greater
flexibility in improving and developing their
property. Given the existing land use pat-
terns, the property would be more compatible
with residential development in the area if
developed commercial ly than industrial ly.
This property was not to be acquired by the
Authority and has been determined not valuable
for industrial development.
To bring the text of the Redevelopment Plan in
conformance with the land use provisions and
building requirements of the City's new zoning
ordinance.
The Housing Authority respectfully requested that Council consider
and approve Amendment No. 1 to the Shaffer's Crossing Redevelopment
Plan at its meeting on Monday, August 8, 1988.
(For full text, see con~nunication on file in the City Clerk's Office.)
No person wishing to address Council with regard to the request
for amendment of the Shaffer's Crossing Redevelopment Plan, Resolution
No. 29239 was adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............ 7.
NAYS: None ............... -0.
353
ACTION:
ACTION:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, August 8, 1988, at 7:30 p.m., or as soon thereafter
as the matter may be heard, on the request of the City Planning
Commission that twelve parcels of land lying on the south side of
Shenandoah Avenue, N. W., just east and west of its intersection with
25th Street, N. W., Official Tax Nos. 2410204 - 2410213, respectively,
and Official Tax Nos. 2311001 and 2311004, be rezoned from LM, Light
Manufacturing District, to C-2, General Commercial District, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, July 22,
1988, and Friday, July 29, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request is to bring the zoning of the area into conformity with
a majority of the existing land uses and the proposed amendment to the
Shaffer's Crossing Redevelopment Plan land use map, was before Council.
The Planning Commission recommended approval of the request,
advising that the proposed rezoning will bring the majority of existing
land uses in the area into conformity with the City's new zoning ordi-
nance and the proposed amendment to the Sha ffer' s Crossing
Redevelopment Plan; and the proposed rezoning will also afford more
flexibility to property owners in the commercial use of their property.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29240) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 231 and 241, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Trout.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29240 was adopted on its first reading by
the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor- ?.
NAYS: None-- O.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, May 16, 1988, and Monday, May 23, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... 7.
NAYS: None .......... O.
354
ACT[ON:
ACTION:
ACTION:
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter with
regard to appointments to various authorities, boards, commissions and
con~nittees appointed by Council, pursuant to Section 2.1-344 (al (1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter with regard to appointments to various authorities, boards, com-
missions and committees appointed by Council, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- ?.
NAYS: None ....... O.
RIVER PARKWAY: A communication from Council Member David A.
Bowers advising that the Explore Project has been discussed for three
years and it has finally received funding from the Commonwealth of
Virginia and from the Federal Government; and he believes it is now a
project that will be built, and any further opposition to it is pro-
bably fruitless; and the greater Roanoke area will at least end up with
a river parkway and state park, was before Council.
Mr. Bowers suggested that the City Administration contact the
Explore Project staff and set-up a briefing with Council on the mat-
ter; that it is time for Council to ask some legitimate questions as to
what impact, good and bad, the project will have on the City of
Roanoke, what sort of tax revenue will be generated for the City, and
the City then needs to figure out what sort of expenses it may have
with additional police, fire, water, sewer, garbage collection, etc.
Mr. Bowers requested that Council ask the City Administration to
set up a briefing soon with Council and the Explore staff.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ...............
AUDIT COMMITTEE: A communication from Council Member David A.
Bowers, Chairman, Audit Committee, proposing the following dates for
meetings of the Audit Committee, was before Council.
Monday, September 26, 1988 (following Council
meeting)
Monday, November 28, 1988 (following Council
meeting)
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the proposed dates. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............... 7.
NAYS: No ne ........................ O.
355
!1
ACTION:
FLOOD CONTROL: A report of the City Manager advising that on
June 27, 1988, Council asked if the City Administration was soliciting
the cooperation ol~ the Roanoke Valley governments to enhance the bene-
fits of the proposed recreation elements of the Roanoke River Flood
Reduction Project, and specifically, Mr. Trout suggested the possibi-
lity of extending the proposed ten mile long biking/jogging trail along
the Roanoke River into the adjoining localities to make it a major
regional recreation attraction, was before Council.
It was explained that the Fifth Planning District Co~mission
recently initiated a land-use study of the Roanoke River Corridor in
the Roanoke Valley; that the study will recommend desirable land uses
along the Roanoke River, including recreation uses, to protect and
enhance the quality of the river corridor; that specific areas of
multi-jurisdictional efforts to implement the recommendations of the
study will also be identified, therefore, he has asked Mr. John R.
Marlles, Chief of Community Planning and one of the City's represen-
tatives on the Fifth Planning District Commission, to request con-
sideration for a regional Roanoke River biking/jogging trail concept
as a part of the abovestated study; and such concept, if implemented,
would provide far reaching benefits to the current and future citizens
as well as visitors to the entire Roanoke Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ......... O.
SEWERS AND STORM DRAINS: A report of the City ~.~nager with regard
to storm drainage improvements in Southern Lane, S. W., was before
Council.
It was explained that Southern Lane is a narrow, one-block long
road which is parallel to and east of U. S, Route 220; and it is just
north of the former 220-Drive-In Theatre in the area that was annexed
to the City in 1976.
The City Manager advised that an existing open drainage ditch runs
along the edge of Southern Lane at the rear of several business
establishments on Route 220, including the Economy Motel, Four Seasons
Plant and Pottery, and Save-X Service Station; that when these proper-
ties were developed many years ago, they constructed timber walls adja-
cent to the drainage channel and filled right up to the edge; that
obviously no evaluation was performed to determine the adequacy of the
drainage channel to carry storm water run-off from the contribution
watershed; and the wet weather stream ultimately becomes Ore Branch
which intersects Roanoke River near the Franklin Road Holiday Inn.
It was further advised that for some time the City Administration
has been concerned with the open drainage channel along Southern Lane;
that the channel continually undermines the edge of pavement and floods
the road during significant storms; and there is an abrupt drop of
several feet immediately adjacent to the edge of the road and there are
three residences on this one-block section of road dependent upon this
&ccess.
Mr. Herbert explained that recently announced development of the
former 220 Drive-In Theatre property for a Walmart shopping plaza has
exacerbated the City's concerns over the open drainage channel; and
computer modeling of the entire Ore Branch watershed indicates that
the storm water run-off from this particular development is insignifi-
cant in comparision with the overall watershed drainage, but will
nevertheless contribute to an already existing problem.
356
ACTION:
ACTION:
ACTION:
ACTION:
[t was further explained that traditional storm water management
techniques would suggest that a detention basin be included in the site
development for the Walmart project; and such a facility would cost the
developer approximately $60,000.00 to install, but, as mentioned
before, would have a negligible impact on the downstream drainage
probl ems.
Mr. Herbert advised that an agreement has been reached with the
developer for an alternate approach whereby he would contribute a like
amount of money to apply toward overall drainage improvements in lieu
of requiring a detention basin to be installed as part of the shopping
plaza; that a similar agreement has been reached with another nearby
property owner; that while the total drainage improvements will cer-
tainly cost more than the developers would contribute, it would help to
resolve the total probl~ rather than providing a piece-meal approach
with insignificant impact.
The City Manager further advised that City staff is developing a
total plan for addressing the issue, including a source of funds to pay
for the needed improvements; and as soon as a recommendation can be
prepared for Council to consider, the matter will be brought to Council
in a report at a public meeting.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ..................................
PENDING LIST: A list of items pending from July 10, 1978, through
July 25, 1988, was before Council.
(See pending list on file in the City Clerk's Office,)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garl and and Mayor Taylor. 7.
NAYS: None ....................
HOUSING: A communication from Mr. Maury L. Strauss tendering his
resignation as a Commissioner of the City of Roanoke Redevelopment and
Housing Authority for personal reasons, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret and
that the co~unication be received and filed. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garl and and Mayor Taylor .............. 7.
NAYS: None .........
PLANNI~,'G: A report of qualification of Vice-Mayor Beverly T.
Fitzpatrick, Jr., and Mr. John R. Marlles as members of the Fifth
Planning District Commission for reruns of three years each, ending
June 30, 1991, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
foll owl ng vote:
357
ACT[ON:
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ........................
ROANOKE ARTS COMMISSION: A report of qualification of
Elizabeth H. Muse as a member of the Roanoke Arts Commission for a term
of three years ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ..... 7.
NAYS: None ...............
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see com~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .... 7.
NAYS: None--
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter with
regard to appointments to various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (al (1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter with regard to appointments to various authorities, boards, com-
missions and committees appointed by Council, pursuant to Section
2.1-344 (al (1), Code of Virginia (1950), as amended. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor. 7,
NAYS: None ......
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
CHURCHES-TAXES: A communication from Mr. Edward A. Natt,
Attorney, representing Covenant Presbyterian Church, requesting con-
currence and approval by Council for Trustees of Covenant Presbyterian
Church Lo purchase an additional 2.875 acres of land situate adjacent
to its existing Church property on the west side of Deyerle Road,
S. W., was before Council.
358
ACT[ON:
ACT[ON:
Mr. Natt explained that the Church presently owns 3.191 acres of
land and has entered into a contract, subject to obtaining all
necessary approvals including that of the City Council, to purchase the
adjoining 2.875 acres, which will give the Church a total of 6.066
acres.
It was advised that the request was made pursuant to provisions of
Section 57-12 of the Code of Virginia; that the purpose of the land
acquisition is to provide for additional parking for the Church and to
further provide additional land for the potential expansion of the
Church, should that be necessary in the future; and all necessary
approvals have been obtained from the Congregation and the Session of
the Church.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Fitzpatrick moved that Council concur in the request.
motion was seconded by Mrs. Bowles and unanimously adopted.
The
ROANOKE BAR ASSOCIATION: A co~nunication from Mr. Daniel S.
Brown, President, Roanoke City Bar Association, requesting that the
City Attorney and the City Manager proceed to investigate and prepare
local legislation now permitted by Virginia Code Section 42.1-70
allowing the filing fees for actions fi[ed in the Roanoke City Courts
of record and courts not of record to be increased from $3.00 to
$4.00, advising that the funds support the local law library, was
before Council.
It was explained that the Roanoke City Bar Association Board of
Directors passed its resolution endorsing the increase of filing fees
from $3.00 to $4.00 on April 28, 1988; and Roanoke County authorities
have increased their filing fees to $4.00, effective July 1, 1988, and
the City Librarian has endorsed the request for an increase.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the communication be referred Lo the City
Manager for study, report and recommendation to Council. The motion
was seconded by Mr. Garland and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PUBLIC ASSISTANCE (HOMELESS): The City Manager submitted a writ-
ten report advising that The Salvation Army applied, through the
Citizens Services Co~ittee, for City funds, as follows:
$25,000.00 to operate a program for the homeless
$25,000.00 to operate a shelter for battered women
It was explained that the City Attorney, through written opinion
dated April 23, 1986, stated that the City may contract with The
Salvation Army, a church, or sectarian institution, as long as the
contract is for the care of indigent, sick, or injured persons, and
pa~a~ent of City funds under any contract does not exceed the fair
market value of services rendered; that the Citizens Services Co~m~ittee
recorrmended an appropriation of $21,500.00 for fiscal year 1988-89 to
be used for either program and Council concurred in the recom~endation;
and The Salvation Army has requested that the $21,500.0D be divided
between the Abused Women's and Homeless Programs, as follows:
$11,500.00 for the Abused Women's Program
$10,000.00 for the Homeless Program
359
ACT[ON:
The City Manager recommended that he be authorized to execute two
contracts approved by the City Attorney with The Salvation Army for the
payment of services delivered by the Abused Women's and Homeless
Pro g ram s.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following mnergency Ordinance:
(#29241) AN ORDINANCE authorizing the City Manager to enter into
two contracts with The Salvation Army for payment of services delivered
by the organization's Abused Women's Program and Homeless Program to
citizens of the City of Roanoke, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 683.)
Mr. Musser moved the adoption of Ordinance No. 29241. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor--- -7.
NAYS: None ...........
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written
report advising that a federal grant-in-aid for $8,615.00 has been
awarded to the Roanoke City Public Library for the purpose of
establishing a Roanoke City Employee Literacy Program; that the project
is a cooperative effort of the Library and the Literacy Volunteers of
the Roanoke Val]ey; that the Literacy Volunteers have committed
$28,585.00, which is 25 per cent of their operating budget, to support
the program; that the Roanoke Valley has had an active literacy program
since 1986; and as a local affiliate of Literacy Volunteers of America,
the Literacy Volunteers of the Roanoke Valley provide training for
volunteer tutors matching them with adults who want to learn to read.
It was explained that the Roanoke City Administration has iden-
tified a need for the improvement of the basic reading skills of City
employees in order to enhance and increase productivity and overall
work performance; that national statistics indicate that one in five
Americans is illiterate; that the grant, which is to be expended by
May 15, 1989, must be used to expand current literacy efforts to City
employees; and the Roanoke City Library Administration recommends that
the Literacy Grant be expended as follows:
Reimburse the Literacy Volunteers of Roanoke Valley
$6,865.00 which is approximately 25 per cent of
their administrative expenses for the project.
Purchase low vocabulary/high interest reading
materials to augment current library holdings.
Produce printed posters and brochures for publi-
cizing the program.
The City Manager recommended that Council accept the Federal
Grant-In-Aid for Literacy Project, in the amount of $8,615.00, and
appropriate funds to the following accounts to be established in the
Grant Fund:
$1,750.00 to Publications/Subscriptions, Account
No. 035-054-5000-2040.
$6,865.00 to Fees for Professional Services,
Account No. 035-054-5000-2010.
It was further recon~nended that a revenue estimate be established
for the Literacy Grant in the Grant Fund; and that the City Manager or
his designee be authorized to execute the necessary docunents accepting
the grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
360
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29242) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 684.)
Mr. Garland moved the adoption of Ordinance No, 29242. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ...... O.
Mr. Garland offered the following Resolution:
(#29243) A RESOLUTION accepting the Federal Grant-In-Aid
Literacy Project for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 684.)
~or
Mr. Garland moved the adoption of Resolution No. 29243. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............... 7.
NAYS: None .......... O.
BUDGET-GRANTS-LIBRARY: The City Manager submitted a written
report advising that a Library Services and Construction Act (LSCA)
Title I Grant for $8,318.00 has been awarded to the Roanoke City Public
Library; that the Library is a sub-regional library for the visually
impaired and physically handicapped serving the special populations of
the Fifth Planning District through its Extension Services Unit; and
the grant, which must be expended by May 15, 1989, is for training and
purchase of equipment to improve services to the handicapped.
It was explained that the goal of the Library Extension Service is
to enhance library service by making library resources more accessible
to special populations; that service to the visually and hearing
impaired must be designed to meet each patron's special needs; that the
Library system constantly seeks to improve and expand its services to
the special population by adding new equipment and providing continuing
education for library staff; and the Library Administration recon~nends
that the grant of $8,318.00 be used for the following:
Purchase one telecommunication device for the deaf
(TDD) which is an electronic device that allows the
hearing impaired to make telephone calls through
written, rather than spoken, communication.
Purchase an IBM-PC compatible microcomputer and
modem for use with the National Library Service
Automated Talking Book Program.
Obtain staff training on the National Library
Service Automated Talking Book Program.
The City Manager recommended that Council accept the Library
Services and Construction Title I Sub-Regional for the Blind Grant, in
the amount of $8,318.00, and appropriate funds to the following
accounts to be established in the Grant Fund:
$7,318.00 to Equipment, Account No. 035-054-5001-
9016
$1,000.00 to Travel, Account No. 035-054-5001-2044
361
ACTION:
ACTION:
It was further recommended that Council establish a revenue esti-
mate of $8,318.00 for the LSCA Title I Grant in the Grant Fund; and
that the City Manager or his designee be authorized to execute the
necessary documents accepting the grant for the Roanoke City Library.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowl es offered the following emergency budget Ordinance:
(#29244) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 685.)
Mrs. Bowles moved the adoption of Ordinance No. 29244. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................... 7.
NAYS: None ............
Mrs. Bowles offered the following Resolution:
(#29245) A RESOLUTION accepting a Library Services and Construc-
tion Act (LSCA) Title ! Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 685.)
Mrs. Bowles moved the adoption of Resolution No. 29245. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... --7.
NAYS: None ........... -0.
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written
report advising that a Library Services and Construction Act (LSCA)
Title I Grant for $39,005,00 has been awarded to the Roanoke City
Public Library; that the Library is considered to be a Major Urban
Resource Library (MURL) because it is located in a City of over 100,000
population; and the grant, which must be expended by May 15, 1989, is
for strengthening library services.
!t was explained that the Library's collection is heavily used by
the student population of the Roanoke Valley as well as the general
public who depend on the City Library for resources not available
elsewhere in the area; that the Library needs to replace and update
general encyclopedias and circulating materials, especially in the
areas of science, technology, literary criticism, poetry, plays and
fiction classics; that the Library's buying power has decreased because
the cost of hard-cover library books increased nine per cent from 1986
to 1987 while the Library's book budget remained constant; and the
Library Administration recor~ends that the MURL Grant of $39,005.00 be
expended for books.
The City Manager recommended that Council accept the Major Urban
Resource Library Grant, in the amount of $39,005.00, and appropriate
funds to the following account in the Grant Fund:
$39,005.00 to Publications/Subscriptions, Account
No. 035-054-5002-2040.
It was further recommended that Council establish a revenue esti-
mate of $39,005.00 for the federal grant in the Grant Fund; and that
the City Manager or his designee be authorized to execute the necessary
docL~nents accepting the grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
362
ACT[ON:
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29246) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 686.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29246. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ..................
Mr. Fitzpatrick offered the followin9 Resolution:
(#2924?) A RESOLUTION accepting a Major Urban Resource Library
Grant for the City Public Library.
(For full text of Resolution, see Resolution Book No. 50, page 686.)
Mr. Fitzpatrick moved the adoption of Resolution No. 29247. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ................. ?.
NAYS: None ...............
GRANTS-PLANNING-HOUSING: The City Manager submitted a written
report advising that the Virginia General Assembly has appropriated
$47.5 million for the next two years for various housing programs, most
to be designed and administered by the Virginia Department of Housing
and Community Development (HCD); and the Emergency Home Repair Program
is one such program, providing grant funds to make emergency repairs to
housing units, either owner-occupied or rental, occupied by low income
fami 1 i es/i ndi vid ual s.
It was explained that an agency approved for this program may
receive a grant of up to $40,000.00 this year, to be matched with at
least an equal amount in cash, in-kind services, labor, etc., from
other sources; that a total oi~ $250,000.00 is available in grant funds
across the Comonwealth of Virginia this year; and no housing unit may
receive more than $500.00 in state grant funds.
It was further explained that the deadline for submittal of appli-
cation to HCD was August 5; that the City administration submitted an
application for the Program contingent upon Council's endorsement which
is presently bein9 requested; and the application proposed to HCD pro-
vides the following:
Local program would be comprised of two parts, one
dealing with owner-occupied property, the other
with rental property.
Owner-occupied i~ortion would be administered by the
Redevelopment and Housing Authority (RRHA) in con-
junction with the existing Critical Home Repair
Program. In essence, this would be little more
than an increase in funding for that CDBG-funded
program.
It was noted that the rental portion would be administered by the
City in cooperation with Total Action Against Poverty (TAP), and the
principal target of this activity will be occupied rental property that
is:
--in such bad condition tha.t it may have to be
condemned, but,
363
ACT[ON:
ACTION:
--can be stabilized to avoid condemnation by
limited repairs, not exceeding $2,000.00,
and,
--whose owner certifies that he/she cannot
make repairs without substantial rent
increases.
The City Manager recommended that Council endorse the application
for the Emer§ency Home Repair Grant Program as submitted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29248) A RESOLUTION endorsing an application for an Emergency
Home Repair Grant.
(For full text of Resolution, see Resolution Book No. 50, page 68/.)
Mr. Bowers moved the adoption of Resolution No. 29248. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......................... 7.
NAYS: None ...............
Oe
SPECIAL PERMITS-MUNICIPAL PARKING GARAGE: The City Manager sub-
mitted a written report advising that United Parcel Service (U.P.S.),
for the convenience of businesses and the public, provides drop boxes
in various parts of the City; and the Municipal Parking Garage is in a
convenient location and has space for such a drop box.
It was further advised that U.P.S. has asked to rent a 5.20 square
foot area in the Municipal Parking Garage as a location for a drop box;
that City staff has negotiated a lease fee equivalent to the prevailing
fee for monthly parking, $40.00 per month; and the Water Resources
Committee members were briefed at their regular meeting on June 27,
1988, about the proposal and the Committee has agreed that it is accep-
table and may be presented to City Council.
The City Manager recommended that Council authorize the appro-
priate City efficials to execute a lease agreement permitting U.P.S. to
install a "Next Day Air Letter Center" in an area approximately 5.20
square feet in size in the Municipal Parking Garage, at a lease fee of
$40.00 per month, term of lease to be 30 days initially and month to
month thereafter, U.P.S. to indemnify and hold the City, its officers,
agents and employees harmless from damages, and the lease will be in a
form acceptable to the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29249) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease with United Parcel Service (U.P.S.) for location
of a next day air letter center in the Municipal Parking Garage, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr, Bowers and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .........
NAYS: None ...............
BUDGET-STADIUM-ARMORY: The City Manager submitted a written
report concurring in a recommendation of a Bid Committee with reference
to bids for purchase of al~ninan stadi,~n seat planks for Victory
Stadiun.
364
ACT [ ON:
ACT[ON:
The Bid Committee recommended that Council accept the lowest bid
submitted by Dant Corporation, in the amount of $20,942.00; and
appropriate $20,942.00 from the Capital Maintenance and Equipment
Replacement Program to Building Maintenance, Account No. 001-052-4330-
3050, and reject the other bid.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29250)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, aqd providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 687.)
Mr. Garland moved the adoption of Ordinance No. 29250. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ......... 7.
NAYS: None .... O.
Mr. Garland offered the following emergency Ordinance:
(#29251) AN ORDINANCE providing for the purchase of al~int~ sta-
dium seat planks for Victory Stadia; accepting a certain bid made to
the City for furnishing and delivering said system; rejecting all other
bids made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 688.)
Mr. Garland moved the adoption of Ordinance No. 29251. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ........... O.
FLOOD CONTROL: The City Manager submitted a written report
advising that many written reports and meetings have involved discus-
sions of the Roanoke River Flood Reduction Project; that the last writ-
ten report was dated June 27, 1988, requesting Council to approve and
agree to an updated letter of intent, at a total estimated project cost
of $31,010,000.00; that a bond referend~ in May, 1989 was suggested in
the latest written report and approved by Council in order to give
ample time for citizen review and comment prior to Council's con-
sideration of placement of the issue on a referend~ ballot and for an
opportunity for the Commonwealth of Virginia to participate in funding
for the project and prompt approval of the Roanoke River Project,
public hearing.
The City Manager further advised that a financing plan, and
referendtm vote at the Nov~ber, 1988 general election were suggested
by the Honorable Jim Olin, U. S. Congressman, during his presentation
to Council on July 25, 1988; that Council referred Congressman Olin's
recommendation to the City Manager for report as soon as possible; that
Landscape Architect, Lardner/Klein, has been engaged to review the
General Design Memorand~ and recommended both general and site speci-
fic improvements; that the consultants work is scheduled to be
completed by February, 1989; that final design, with plans and specifi-
cations ready for advertisement, is expected to be completed by June,
1989; and the Corps of Engineers has stated that they are amenable to
the City's required design standards up until the project has been
completely designed, providing the desired standards do not add unusual
costs to the project.
The City Manager recommended that Council receive the briefing,
engage in discussion and vote for establishing a de~.~line for a
referendum; and authorize initiation of technical services to put the
City in a position to meet a fall of 1989 construction date, providing
the project has been approved by referend~ and the Federal Government
has approved appropriation of the Federal funds, which will result in a
365
l
I
budget ordinance being presented to Council on August 22, 1988, to
appropriate $200,000.00 to provide timing for future decisions on the
exact date of a referend~ and the method of financing of the non-
federal (local and/or state) portion of the project.
(For full text, see report on file in the City Clerk's Office.)
Colonel Paul Woodbury, Chief, United States Army Corps of
Engineers, Wilmington District, appeared before Council and advised
that the Corps of Engineers is in receipt of a letter of intent from
the City of Roanoke to move ahead with the Roanoke River Flood
Reduction Project and, based upon the letter, the initial design has
been completed and the Corps is presently in the process of working
with the City Engineer to refine the project as it moves toward comple-
tion.
Colonel Woodbury said the Corps was concerned when it heard that
the referendum may not be included on the November 1988 ballot because
of the amount of time it takes to complete real estate activities. He
added that the time frame which has been established, in partnership
with the City, is to commence the project in the spring of 1990, which
is approximately twenty years to the day when studies were started with
regard to the Roanoke River area.
In order to commence the project in the spring of 1990, Colonel
Woodbury said the Corps needs to have the land rights-of-way and ease-
ments by November 1988 in order for the project to be legally adver-
tised. Further, he explained that the Corps will need a signed local
cooperation agreement from the City in July 1990, and from the Corps of
Engineers point of view, the requirements will be met. He said if the
City is ready to sign the cooperation agreement, which will be worked
out in detail between now and July and have the necessary land and
easements in November, the project can then be advertised and a
contract awarded in February, 1991.
Colonel Woodbury advised that the goal of the Corps of Engineers
is to help the City do something about the flooding problems that have
plagued the area for years.
During a discussion of the matter, Mr. Trout referred to five
major capital improvement projects presently facing the City totalling
$72 million. He said in order to be successful with those projects,
Council will be asking the citizens of the City of Roanoke to depart
from past practices of bond referendums and, in all probability, the
citizens will be faced with a tax increase.
Mr. Trout advised that the flood reduction project consists of two
facets; viz:
public safety and protection; and
rec reati on
He requested that the City Manager and the Director of Finance report
to Council with regard to a breakdown of the two questions on the
referendun ballot, and further requested that the City Attorney report
to Council on the legality thereof. Mr. Musser requested a cost bene-
fi t ratio.
Mr. James E. Loesell, Vice President of the Citizens Environmental
Council, representing Friends of the Roanoke River, appeared before
Council and advised that the organization he represents is only one of
n~erous groups and individuals using the Roanoke River.
Mr. Loesell inquired as to the reason for holding the referendum
on the flood plan in the spring of 1989 as opposed to November 1988,
advising that the referendum does not have to be held in November to
commence acquisition of land, and noted that the landscape architec-
tural report will not be completed until January, 1990.
366
Mr. Loesel! said the 1988 Corps revision is a preliminary report
that needs input from the City Administration and citizen groups before
it receives any kind of de facto approval by bond referendun. He added
that after the voters have had an opportunity to study the plan, they
may vote to approve or they may vote to disaprove the bond referendun,
but they cannot vote intelligently either way if Council rushes the
matter through before it is understood. He added that it is not the
fault of the public for its general lack of understanding about the
project; that as soon as the Corps' plan first became public in 1984,
it was immediately made obsolete by the flood ol~ 1985, therefore there
was nothing accurate to work with for four years unti! last week.
Mr. Loesel] pointed out that the 1985 flood proved, beyond a
doubt, that the 1984 Corps figures were not adequate and in 1988, a
preliminary revision points out that the Sewage Treatment Plant which
was partially flood proofed for a one hundred year flood in the 1988
plan can now only be partially flood proofed for a fifty year flood.
He said Victory Park training wall provides protection for only a
twelve year flood and the chance of a flood exceeding that level of
protection is 99.9 per cent. He added that what is not found in the
report is of concern to Friends of the Roanoke River; viz: it is not
known how many acres of trees wil! be cut under the new plan or the
acres of rik rak that wil! be installed; and intelligible maps for
cross section are not available that display to the public what the
project will look like.
Mr. Loesell explained that the preliminary design memorandun
claims that recreation benefits of more than $600,000.00 per year will
accrue, noting that without the claimed benefits, the economics of
flood reduction simply do not make sense. He said Friends of the
Roanoke River wish to make certain that the recreation benefits are
real benefits rather than simply claimed on paper. He added that in
February 1988, Friends of the Roanoke River asked for information from
the Corps of Engineers on revised recreation figures inasmuch as it is
known that the figures used in the 1984 plan are inaccurate, and the
same figures are shown in the present plan. He said figures used by
the Corps need to be revised so that citizens who plan to vote on the
flood reduction project will have an accurate picture of what the real
benefits to recreation will be.
Mr. Loese11 said it is the hope of Friends of the Roanoke River
that not only will Council allow enough time for the public to receive
accurate information, but it will encourage and recommend measures to
help the voters, understand what is going on. For this reason, he
explained that Friends of the Roanoke River has requested that a
broadly based citizens committee be formed to study the plan and review
alternatives, noting that the committee could include members with
expertise in architecture, engineering, finance, recreation, etc. He
added that such a committee would work well with the landscape archi-
tectural firm.
In closing, Mr. Loesell said it is in the best interest of the
City and the public that there be sufficient time to study the Corps of
Engineers plan more thoroughly, and that further efforts be made to
involve a cross section of the public in a project that will substan-
tially and permanently have a major impact on the Roanoke Valley.
Mr. Fredrick D. Cramer, 966 Norborne Avenue, Vinton, Virginia,
President of the Roanoke Valley Bird Club, appeared before Council and
advised that the Roanoke River, the trees and vegetation along its
banks, are a resource and asset to the City of Roanoke because of what
evolves in the area, and should be protected rather than sacrificed.
He said the trees on the edge of the water are the key to the entire
system; whereby birds cover their nesting cavities, their food depends
on the trees which also shade the water, and the aquatic life from fish
to invertebrates depend on the trees.
Mr. Cramer explained that the Roanoke Valley Bi rd Club is
currently in the midst of a wildlife survey along the ten miles of the
Roanoke River from Salem to Vinton, and they have already doc~ented
over 230 species of birds which are found in the area at different
times of the year, 67 of which have been documented as breeding in the
area, 15 species of mamimals which is quite unusual for a City the size
of Roanoke.
367
?!
ACT[ON:
Mr. Cramer advised that the current plan involves the removal of a
large n~nber of trees, and urged that Council find a way to save most
ol~ the trees alon9 the Roanoke River.
Mr. Fitzpatrick moved that Council concur in the recon~endation of
the City Manager. The motion was seconded by Mrs. Bowles and unani-
mously adopted.
TRAINS: The City Manager submitted a written report advising that
on June 15, 1988, Brian J. Wishneff, Chief of Economic DeveloFment, and
Phillip Sparks, Economic Development Administrator, visited with
David J. Carol, Senior Director, Government Affairs, and Wilford M.
Leatherwood, Jr., State and Community Affairs Officer for Amtrak,
located in Washington, D. C., for the purposc of determining whether or
not Amtrak had a serious interest in relocating its Cardinal passenger
service from its present route from Charlottesville to Clifton Forge,
to a reroute that would travel through Roanoke.
Mr. Herbert further advised that City representatives were
informed that Roanoke was one of three routes being considered and of
those three, Roanoke was the least likely due to the increase in travel
time of the Cardinal Amtrak Service of approximately 3.5 hours as it
travels from Chicago to New York. He said the second reason that was
intimated was that by coming through Roanoke, Amtrak would be giving up
at least six stops, one of which was the Greenbriar in West Virginia,
which presently has a reasonably good ridership.
Mr. Herbert stated that on July 7, 1988, a meeting was held to
discuss proposals and ideas for reroutin9 the Cardinal Amtrak service
through the City of Roanoke, and the guest list included the following
organizations:
Bedford Chamber of Commerce
Greater Blacksburg Chamber of Comerce
Blue Ridge Region of Virginia
Botetourt County Chamber of Commerce
Christiansburg-Montgomery County Chamber of
Commerce
Franklin County Chamber of Commerce
Giles County Chamber of Commerce
Montgomery Regional Economic Development Commission
Pulaski County Chamber of Commerce
Roanoke City
Roanoke County
Salem City
Vinton Chamber of Commerce
Wytheville-Wythe-Bland Chamber of Commerce
The City Manager pointed out that support from each of the above-
named organizations for ~mtrak service through Roanoke and other parts
of Southwest Virginia was overwhelming; that as part of a marketing
strategy which was developed at the meeting, all governments and
Chambers of Commerce in the region would be asked to adopt resolutions
of support and all resolutions would be hand delivered to Mr. W. Graham
Dayton, Jr., President of Amtrak in Washington, D. C.; and a committee
was also formed to develop demographic information relative to Amtrak's
existing route and each of the alternatives to justify the rerouting
request, noting that the general feeling was that a route through
Roanoke and Southwest Virginia would give Amtrak its greatest chance
for success.
The City Manager recommended that Council adopt a resolution sup-
porting the reestablishment of passenger train service to the Roanoke
Val 1 ey.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29252) A RESOLUTION supporting the reestablishment of passenger
train service in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 50, page 688.)
368
ACTION:
ACT ION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 29252. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .............. 7.
NAYS: None ....................................... O.
At 9:55 p.m., the r~yor declared the meeting in recess.
At 10:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
DIRECTOR OF FINANCE:
FINANCIAL STATEMENT: The Director of Finance submitted a written
report with regard to the status of the financial condition of the City
of Roanoke for fiscal year 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Musser and unanimously adopted.
BUDGET: The Director of Finance submitted a written report with
regard to the financial status of the City for the year ended June 30,
1988, advising that $4,982,008.00 was available in the Capital
Maintenance and Equipment Replacement Program Fund as of June 30, 1988;
and in past years, the funds have been divided pursuant to a formula
agreed upon in concept between the School Administration and the City
Admi ni st rati on.
The Director of Finance advised that this year some unusual cir-
c~nstances have occurred that require a change from past procedures;
that the School Administration was in need of replacing twelve school
buses to meet the Virginia Department of Education's bus replacement
schedule for safety; that the General Fund received a one time "bonus"
frmn excess collections in the Prepared Food and Beverage Tax; and the
School Administration submitted its FY89 CMERP needs to the City in a
document titled, "Five Year Capital Improvement Plan" dated May 10,
1988.
It was explained that the current procedure on the distribution of
the CMERP Fund would allocate to the City Administration $2,669,854.00,
and $922,084.00 to the School Administration; and the $1,3g0,070.00 of
Prepared Food and Beverage Taxes collected in excess of the original
estimate would also be available to be distributed in the original
categories that the tax was implemented (paving, equipment, maintenance
and debt service).
The Director of Finance recommended that the sum of $367,916.00 be
allocated to the School Administration from the additional one time
funds generated from the Prepared Food Tax; and that $250,000.00 from
this same source be allocated to the schools to be used for the
increased costs of remodeling Highland Park School; and reduce the need
for additicnal literary funds for the school, thus reducing future debt
service requirements on behalf of the schools.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendations. The
motion was seconded by Mr. Garland and unanimously adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the committee, with regard to revising disposal rates and
improvement of doc~qlentation for sewerage commercially hauled to the
Sewage Treatment Plant.
ACTION:
A staff report advised that Council established a disposal rate of
$6.00 per 1000 gallons pursuant to Ordinance No. 1987/ in 1971; that
the disposal rate was not implanented until 1975 due to a Federal wage
and price freeze, and at that time the rate was changed to $.50 per 100
gallons; and the septic tank p~rnpers are recording 600 gallons per
discharge at the plant, which equals $3.00 per load.
It was further advised that discharge quantity cannot be verified
because the City has no means to measure flow; that septic tank trucks
hold at least 1500 gallons; that treatment cost has increased more than
200 percent since 1975; and survey of disposal rates was performed with
Roanoke being below the average of $20.00 per load; that new toxic
monitoring requirements increase the need for strict regulations of
what is being discharged into the plant; and a toxic discharge can now
cause the City to violate its NPDES permit, which means that the
Virginia Water Control Board regulates what is discharged into the
Roanoke River.
The Water Resources Committee recommended that Council authorize
an increase in the disposal rate and source doc~nentation as follows:
Septic Tank Disposal Trucks
Establish a fl at rate of $15.00 per unmeasured
d i scha rge.
Increase the rate to $1.00 per 100 gallons if
discharge flow is measured. Discharge provi-
des flow verification through meter readings.
The City does not provide a flow meter.
Dischargers provide a manifest of sources,
i.e., name and address of source written down
on the billing ticket presently being filled
out o
Port-O-Jori or similar plrnpers be subject to $1.00
per 100 gallons. Quantity verification provided by
discharger.
It was noted that the rates will be re-evaluated by the City
Administration and reported back to the Committee regarding a possible
additional increase within a 12 - 18 month time frmne.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29253) AN ORDINANCE authorizing an increase in disposal rates
and improvement in docunentation for sewerage commercially hauled to
the Sewage Treatment Plant, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 689.)
Mrs. Bowl es moved the adoption of Ordinance No. 29253. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... 7.
NAYS: None ......... .--0.
WATER DEPARTMENT-EASEMENTS: Council Member Elizabeth T. Bowles,
Chairman of the Water Resources Committee, presented a written report
on behalf of the Committee, advising that the City acquired the
Roanoke-Vinton Water Company properties including Falling Creek
Reservoir, northeast of Vinton in Bedford County, in 1938; and acquisi-
tion included a 30' wide access easement through portions of eastern
Roanoke County.
369
370
ACTION:
A staff report pointed out that Akfer Development Corporation,
Inc. is developing a subdivision known as Section 6, Falling Creek
Estates, in eastern Roanoke County; that Horsepen Mountain Drive in
Section 6, Falling Creek Estates, parallels and overlays portions of
the City's 30' foot access easement; that when Horsepen Mountain Drive
is dedicated, it will supercede and replace a portion of the City's
easement approximately 335.46 feet long, which will permit access to
the City's r~naining easement from Horsepen Mountain Drive at a point
closer to the reservoir than was possible before the street was
constructed.
It was advised that Roanoke County is ready to accept conveyance
of the right-of-way of Horsepen Mountain Drive; however, prior to doing
so, the portions of the City's 30' easement lying within the proposed
street right-of-way must be released.
The Water Resources Committee recommended that Council authorize
the release of the City's rights and interest in portions of the
Falling Creek Reservoir Access (Road) Easement, by quit claim deed,
subject to formal dedication of the overlaying right-of-way of Horsepen
Mountain Road in Section 6, Falling Creek Estates, located in Roanoke
County.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(~29254) AN ORDINANCE authorizing the appropriate City officials
to enter into a release of a portion of the easement for the Roanoke/
Vinton Water Company Road, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ....... 7.
NAYS: None ..........
APPALACHIAN POWER COMPANY-INDUSTRIES: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the Committee, advising that electric service to
the industrial parcels on the westerly side of the Roanoke Centre for
Industry and Technology is to be provided by overhead electric lines
along the Centre's westerly boundary lines; that public utility ease-
ments, 50' wide, are in place along most of this alignment, and one
segment of public utility easements, 50' wide, must be dedicated in
order to provide electric service; that Vitramon, Inc., and Sunlink
Corporation have purchased areas 8 and 9, respectively, along the
alignment of the electric power line; and the 50' public utility ease-
ment is in place where needed on the properties.
Staff reports pointed out that APCo has submitted an indenture
which will provide authority to install the overhead electric service
to the ~esterly portion of the Roanoke Centre for Industry and Tech-
nology; and the City must accomplish the following prior to APCo
beginning installation of the overhead service:
Dedicate by an amended subdivision plat, a 50' wide
public utility easement across Parcels 5 and 6,
Section 1, Roanoke Centre for Industry and Tech-
nology on an alignment 50' east of and generally
parallel to the westerly boundary of Parcel 6.
Gardner-Denver (Cooper Industries), which has a
long-term option to purchase Parcel 6, has agreed
to the public utility easement as noted in a letter
attached to the report.
371
Authorize the use of a portion of public utility
easement on Area 9 (Sunlink Site) and Area 10
(Shell Building Site), which is designated
"Underground Only", to be changed to overhead use
by an amended subdivision plat. This overhead
line, which is to serve Area 10, will cross
approximately 140' of the southeast corner of Area
9 and extend into the Shell Building
Site (Area 10) only far enough for the installation
of an underground riser pole just inside the pro-
perty and guy anchors approximately 25' further
into the property. This change in the public uti-
lity easements will have to be approved by the
owners of Areas 9 and 10, who will have to execute
the amended subdivision plat along with the City.
Authorize execution of the APCo indenture.
It was advised that the Director of Utilities and Operations will
give conditional preliminary approval to APCo to begin construction of
the overhead electric service in areas where construction is possible
in order that service may be extended to "Vitramon", "Sunlink" and
"Shell Building" sites as soon as possible.
The Water Resources Committee recommended that Council authorize
execution of the APCo Indenture and execution of an amended subdivision
plat to change the use of the "underground only" public utility ease-
ment to overhead, and dedicate an additional public utility easement,
in accordance with conditions in the report.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
,!
(#29255) AN ORDINANCE authorizing execution of an amendment to
the plats of subdivision of certain areas within the Roanoke Centre for
Industry and Technology in order to dedicate a new public utility ease-
ment across two parcels and to eliminate the restriction against above
ground utilities on certain other parcels; and authorizing the execu-
tion of an indenture with Appalachian Power Company providing for a
utility easement across certain areas of the Centre.
ACT[ON:
(For full text of Ordinance, see Ordinance Book No. 50, page
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garl and and Mayor Tayl or ................. 7,
NAYS: None ............
ACT[ON:
MUNICIPAL AUDITOR/AUDIT COMMITTEE: Council Member David A.
Bowers, Chairman of the Audit Committee, presented the Annual Report of
the Audit Committee for the year ended June 30, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Musser and unanimously adopted.
The
UNFINISHED BUS[NESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
372
OTHER HEARINGS OF CITIZENS: NONE.
At 10:30 p.m., the Mayor declared the meeting in recess.
At 11:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
REFUSE COLLECT[ON: The Mayor advised that he was in receipt of a
communicaLion from Mr. John it. Parrott, Chairman, Roanoke Valley
Regional Solid Waste Management Board, with regard to formation of a
Citizen Liaison Committee to assist with research, analysis, and imple-
mentation of the complex solid waste disposal solutions for the Roanoke
Valley region; tilat the City has been requested to appoint three repre-
sentatives to the committee, whereupon, the Mayor opened the floor for
nominations.
Mr. Fitzpatrick placed in nomination the names of Beverly B.
Lambert, David K. Lisk and William E. Callahan.
There being no further nominations, Ms. Lambert and Messrs. Lisk
and Callahan were appointed as City representatives to the Citizen
Liaison Committee, by the following vote:
ACT [ON:
FOR MS. LAMBERT AND MESSRS. L[SK AND CALLAHAN: Council Members
Musser, Trout, Bowers, Bowles, Fitzpatrick, Garland and Mayor
Tayl or .... .--7.
There bein9 no further business, the Mayor declared the meeting
adjourned at 11:20 p.m.
APPROVED
ATTEST:
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
August 22, 1988
2:00 p.m.
373
,!
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, August 22, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of R6anoke
'11979), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ............. 7.
ABSENT: None ........... O.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Methodist Church, Blacksbur§, Virginia.
The Pledge of Allegiance to the Flag of the United States of ~nerica
was led by Mayor Taylor.
m
ACT [ o N:
ACT[ON:
BID OPENINGS:
WATER DEPARTMENT-PARKS AND PLAYGROUNDS: Pursuant to notice of
advertisement for bids for construction of the concession stand and
pier at Carvins Cove, said bids to be received by the City Clerk mtil
1:30 p.m., on Monday, August 22, 1988, and to be held, opened and read
before the Council at 2:00 p.m., on that date, or as soon thereafter as
the matter may be heard, the Mayor asked if anyone had any questions
about the advertisement for bids, and no representative present raising
any question, the Mayor instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk opened and read the
following bids:
BIDDER
BASE BID TOTAL
Campbell Construction & Development
Co., Inc.
*Deduct
Breakell, Inc.
Construction Services of Roanoke, [nc.
Acorn Construction, Ltd.
Boxley Construction Company
Building Specialists, Inc.
$ 93,965.00
1,300.00
93,495.00
96,600.00
98,300.00
111,000.00
133,900.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tab~ation, report and recommendation to
Council. The motion was seconded by Mr. Trout and manimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed mder the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. Me called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
374
committees appointed by Council; discussion of a real estate matter;
and discussion of a legal matter, being the terms and conditions of a
contract under negotiation. The Mayor advised that the request for an
Executive Session to discuss a legal matter, being the terms and con-
ditions of a contract under negotiation was withdrawn by Council Member
Bowl es.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACT ION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 {al {1), Code of
Virginia {1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............................ 7.
NAYS: None ...............................
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss a real estate matter, pursuant to Section
2.1-344 {al (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a real estate matter, pursuant
to Section 2.1-344 {al {3), Code of Virginia {1950), as amended. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................... 7.
NAYS: None .....................
RADIO/TELEVISION: A communication from Mr. B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, tranmnitting a sun-
mary of Cox Cable Roanoke's status as of June 30, 1988, was before
Council.
(For full text, see communication and sunmary on file in the City
Clerk's Office.)
ACTION:
Mr. Trout moved that the communication and sunmary be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............... 7.
NAYS: None .......... O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of the City Manager
advising that when the Office of Co. unity Planning and the Roanoke
City Planning Commission began the neighborhood planning program,
Council was briefed as to the conduct of the program, and the neigh-
borhoods which would be the s~bjects of the first planning processes;
that since that time, the Roanoke City Planning Commission has pre-
sented and the Council has approved the South Roanoke Neighborhood
Plan; that the neighborhood plan for the Hershberger Hills area is
currently being drafted by planning staff and will make its way up to
Council in the not too distant future; and with these two efforts
behind the City, it is now ready to proceed with develo~ent of the
Mudlick-Deyerle Neighborhood Plan, was before Council.
m
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None ................................ O.
(Council Member Musser was absent.)
COUNCIL-CITY GOVERNMENT: A report of the City Manager with regard
to strategic planning, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ...................... 6.
NAYS: None ....... O.
(Council Member Musser was absent.)
YOUTH: A report of qualification of Elsie A. Anderson for a term
ending May 31, 1991, and Richard C. Ninin§er to fill the unexpired teton
of Margaret C. Martin, ending May 31, 1989, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
fol 1 owi ng vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor .............................. 6.
NAYS: None ................................... O.
375
(Council Member Musser was absent.)
ACT[ON:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS: Ms. Gl adys O'Neal Brown, 2110 Staunton Avenue, N. Wo,
appeared before Council and presented a petition signed by approxima-
tely 36 citizens with regard to correcting excessive water run off in
the 2100 block of Staunton.
(For full text, see petition on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council. The motion was
seconded by Mr. Bowers and adopted.
Mr. Bowers requested information with regard to contacts and/or
assistance rendered to the Con~nunity Awareness Organization by the
Roanoke Neighborhood Partnership.
PETITIONS AND COMMUNICATIONS: NONE,
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
376
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr, Musser and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ..................................................... O.
FIRE DEPARTMENT: A report of qualification of Messrs. Michael K.
Quinn and Ross C. Hart as members of the Board of Fire Appeals for
terms of four years each, ending June 30, lg92, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
fo) lowing vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None .....
LIBRARIES: A report of qualification of Mrs. Dean W. Morrow and
Mr. Frank J. Eastburn as members of the Roanoke Public Library Board
for terms of three years each, ending June 30, 1991, was before
Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adored by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... --7.
NAYS: None .........
ROANOKE ARTS COMMISSION: A report of qualification of Messrs.
Timothy L. Jamieson and John W. Creasy as members of the Roanoke Arts
Commission for terms of three years each, ending June 30, 1991, was
before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr, Musser and adopted by the
fol 1 owl ng vote:
AYES: Council Members lrout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... .... 7.
NAYS: None ......
HOUSING: A report of qualification of Mr. Jack Loeb as a Commis-
sioner of the Roanoke Redevelopnent and Housing Authority for a term
ending August 31, 1990, was before Council,
(See Oath or Affinnation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
foll owl ng vote:
AYES: Council Members Trout, Bowers, Bowl es, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... --7.
NAYS: None ........... O.
m
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
INDUSTRIES-BONDS-ROANOKE MEMORIAL HOSPITALS: A co~nunication from
Mr. Robert E. Glenn, Attorney, representing the Industrial Developnent
Authority of the City of Roanoke, requesting approval of a plan to
assist Roanoke Memorial Hospitals in refunding the Authority's
$3,000,000.00 Floating Rate Hospital Revenue Refunding Bond due
December 1, 1988, Series 1984, and equipping and/or renovating the
Itospital's existing hospital facility located in the City of Roanoke,
in an amount estimated at $15,000,000.00, by issuance of its industrial
revenue bonds, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29256) A RESOLUTION approving the plan of financing of the
Industrial Developnent Authority of the City of Roanoke, Virginia, for
the benefit of Roanoke Memorial Hospitals to the extent required by
Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 50, page 693.)
Mr. Trout moved the adoption of Resolution No. 29256. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland and Musser - 6.
NAYS: None .........
-0.
(Mayor Taylor abstained from voting inasmuch as he is a member of the
Roanoke Memorial Hospitals Board of Directors.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Assistant City Manager
introduced Mr. Kenneth S. Cronin, Personnel Manager, who assuned ))is
official duties on August 22, 1988.
ITEMS RECOMMENDED FOR ACTION:
DONATIONS-COURTS FACILITY-ARTS COMMISSION: The Assistant City
Manager s~bmitted a written report on behalf of the City Manager
advising that Mr. David Breeden, from Charlottesville, Virginia, a
well-known sculptor of public arts whose work appears in such places as
Roanoke College, Alunni Hall at the University of Virginia, Miami Beach
City Hall, Pittsburgh City/County Building and other public places, has
offered to do a sculptor piece for the exterior of the Roanoke City
Co urtho use.
It was further advised that Mr. Breeden is a professional sculp-
tor who has created a preliminary design and specification for a three-
dimensional sculpture piece which the Roanoke City Arts Commission has
reviewed and approved; that the proposed sculpture will be approxima-
tely fourteen feet tall; and the proposed location of the sculpture is
under the portico on the corner of the Courthouse facing Third Street
and Church Avenue, S. W.
The City Manager explained that the work of art would be an uncon-
ditional gift to the citizens of the City of Roanoke, with no financial
obligation from the City; that the Arts Council of Roanoke Valley has
agreed to raise the funds necessary to reimburse the artist for the
purchase price, which is $100,000.00, although the artist has agreed
that the pa3~nent of $22,500.00 will be sufficient to compensate for
completion and installation of the work.
377
378
ACTION:
It was further explained that the City of Roanoke and the Arts
Con~aission have the right to approve the plans, specifications and
schedule for the work, which is to be completed within eight months of
execution of the proposed agreement; that the artist wil! pay for all
costs related to the installation, including liability insurance to
protect the City; that the artist will also hold the City harmless for
any damage or loss to the City's property arising out of the installa-
tion of the work; and finally, should the City ever sell the work, the
artist reserves the right of first refusal for purchase.
The City Manager advised that the Roanoke City Arts Commission
has requested that Council approve the aforementioned contract; and
users of the Courthouse and a special cmmnittee of the Roanoke Bar
Association have reviewed the Breeden sculpture proposal and have no
objections.
The City Manager reco~Twnended that Council concur in the request of
the Roanoke City Arts Commission by adopting the appropriate measure.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29257) AN ORDINANCE authorizing the acceptance of a gift of
sculpture to the City; authorizing the execution of an agreement
relating thereto; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 694.)
Mrs. Bowles moved the adoption of Ordinance No. 29257. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....................... 7.
NAYS: None .........
BUDGET-SEWERS AND STORM DRAINS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Council received and publicly opened four bids for the Norwood Sanitary
Sewer Replacement Project on Monday, October 5, 1987, with E. C. Pace
Company, Inc., submitting the low base bid, in the amount of
$136,933,40; that award of a contract to E. C. Pace Company, Inc., was
authorized by Council, pursuant to Ordinance No. 28878 on Monday,
November 16, 1987, with an additional contingency fund for the project
in the amount of $13,693.34; noting that one developer, The Park-Oak
Grove, L.P., entered into agreement with the City of Roanoke to share
in the cost of the project, in the amount of $36,798.11, which was paid
to the City of Roanoke.
The City Manager further advised that the project is now complete
with the exception of a final inspection; that work performed on the
project by E. C. Pace Company, Inc., has exceeded the contract amount
by $26,855.90; and the contract over-run is due to unforeseen dif-
ficulties encountered during the late phases of the project directly
related to paving and pavement restoration on Norwood Street. It was
explained that the additional ~)rk was necessary to meet critical engi-
neering concerns; that the developer's share of the cost over-run,
amounting to that portion which exceeds the already funded contingency,
amounts to 24.455 of $13,162.56 or $3,218.25; and additional funding
will be billed to the developer for reimbursement to the City.
The City Manager recommended that he be authorized to execute
Change Order No. 1, in the amount of $26,855.90, to pay E. C. Pace
Company, Inc., for additional work performed, and close out the pro-
ject account; appropriate $9,944.31 from the Sewer Fund Retained
Earnings to Project Account No. 003-056-8430; establish an accounts
receivable, in the amount of $3,218.25, to be received from The Park-
Oak Grove, L.P., and appropriate this amount to the project account;
and expend $13,693.34 from the project contingency, with the total of
appropriations and contingency being $26,855.g0 to cover Change Order
NO. 1,
(For full text, see report on file in the City Clerk's Office.)
379
ACTION:
ACTION:
Mr. Garland offered the following emergency budget Ordinance:
(#29258) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 695,)
Mr. Garland moved the adoption of Ordinance No. 29258. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... 7.
NAYS: None ................
O.
Mr. Garland offered the following emergency Ordinance:
(#29259) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with E. C, Pace Company,
[nc., for the Norwood Sanitary Sewer re~acement project; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No, 50, page 696.)
Mr. Garland moved the adoption of Ordinance No. 29259. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......... .7.
NAYS: None--
BUDGET-SEWERS AND STORM DRAINS: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Council received, pd)licly opened and read seven bids for the
Williamson Road Storm Drain, Phase I, Contract IIA Project on September
14, 1987; that the low bid, in the amount of $398,987.45, was submitted
by Aaron J. Conner, General Contractor, Inc., of Roanoke, Virginia; and
Aaron J. Conner, General Contractor, Inc., was awarded a contract on
October 5, 1987, in the amount of $398,987.45, with a contingency in
the amount of $19,250.00.
Mr. Herbert further advised that the contractor started construc-
tion in November, 1987; that during construction of the storm drain on
Kennedy Street, N. E., there was an unexpected conflict with the
existing sanitary sewer system serving four residences which necessi-
tated the replacement of 256 linear feet of 8" sanitary sewer line, two
manholes and a lateral to each residence, in the total amount of
$8,960.00, not~ng that the contract was not expected to overrun as a
result of additional work.
It was pointed out that as construction continued along
Collingswood Street, an oversight in construction plans was discovered;
that it appeared that new curb and gutter was required to convey storm-
water run-off to the new storm drainage system; that installation of
the curb and gutter left the existing sidewalk an average of 2.5 feet
below it; that in order to provide usable driveway entrances to the
four affected residences, the sidewalk had to be replaced and the lawns
had to be reshaped, including installation of two tree wells at one
residence, in the amount of $13,385.41, which caused some overruns,but
it was felt that anticipated overruns would more than offset these
expenses; that the total of both essential construction items is
$22,345.41; and with completion of the project, shortfalls in other
contract quantities proved nonexistant, and a funding shortfall of
approximately $3,095.41 was realized.
The City Manager recommended that he be authorized to execute
Change Order No. 1 with Aaron J. Conner, General Contractor, Inc., in
an amount not to exceed $22,345.41 ($8,960.00 for sanitary sewer
adjustment on Kennedy Street, N. E., and $13,385.41 for sidewalk on
Collingswood Street, N. E.); that Council appropriate $3,095.41 from
380
ACTION:
ACTION:
the Williamson Road Storm Drain Constr~tion, Account No. 008-052-9552-
9003, to the existing Williamson Road Storm, Phase I, Contract IIA,
Account No. 008-052-9.589-9065, and ex.nd $19,250.00 from the project
contingency, with the total of appropriations and contingency being
$22,,345.41 to cover Change Order No. 1.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29260)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 696.)
Mrs. Bowles moved the adoption of Ordinance No. 29260. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........... -7.
NAYS: None ............
Mrs. Bowles offered the following emergency Ordinance:
(#29261) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Aaron J. Conner, General
Contractor, Inc., for Williamson Road Storm Drain Phase I, Contract
[IA; and providing for an ~nergency.
(For full text of Ordinanc, see Ordinance Book No. 50, page 697.)
Mrs. Bowles moved the adoption of Ordinance No. 29261. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None .......
GRANTS-HOUSING-PLANNING: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that Council
authorized the filing of a Community Developnent Block Grant (CDBG)
application to the Department of Housing and Urban Development (HUD)
for fiscal year 1988-89 on June 13, 1988, pursuant to Resolution No.
29149; that HUD approval of the City's FY 1988-89 CDBG application was
received in a letter dated July 18, 1988; that grant approval is for
the amount requested by the City, or $1,486,000.00; and the report
includes $668,083.00 in expected CDBG program income from parking
receipts, Housing Authority rehabilitation loan repayments, Cooper
Industries land lease, Coca-Cola UDAG loan repayment and interest
payment from Downtown Associates for a short-term loan, as fol]ows:
CDBG Entitlement
Program Income
$1,486,000.00
668,083.00
Total Appropriation
$2,154,083.00
The City Manager recommended that Council adopt a Resolution
accepting fiscal year 1988-89 CDBG funds approved by HUD and further,
that he be authorized to execute the requisite grant agreement, funding
approval, and any other forms required by HUD on behalf of the City in
order to accept said funds; and appropriate $2,154,083.00 to accounts
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
ACT ! OH:
ACT ION:
Mr. Musser offered the following emergency budget Ordinance:
(#29262) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 698.)
Mr. Musser moved the adoption of Ordinance No. 29262. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .................. ' ....... 7.
NAYS: None ....................
Mr. Musser offered the following Resolution:
(#29263) A RESOLUTION accepting a certain Community Development
Block Grant offer made to the City by the United States Department of
Housing and Urban Developnent for funds for Program Year 1988-1989; and
authorizing execution of the City's acceptance of such grant and the
agreement on behalf of the City to comply with the terms and conditions
of the grant and applicable laws, regulations, and requirements per-
taining thereto.
(For full text of Resolution, see Resolution Book No. 50, page 700.)
Mr. Musser moved the adoption of Resol ution No. 29263. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor- - ......7.
NAYS: None .......... ' .......O.
HOUSING-GRANTS: The Assistant City Manager submitted a written
report on behalf of the City Manager advising that the Rental Rehabili-
tation Program has been a cooperative program between the Department of
Housing and Urban Development (HUD), the City, and the Roanoke
Redevelopnent and Housing Authority (RRHA) to encourage rehabilitation
of privately-owned rental property; and HUD has provided the following two
types of subsidies in the program:
Rehabilitation subsidies for property owners, equal
to a portion of rehabilitation costs. In the past,
these subsidies were loans that were forgiven after
10 years, i.e. they were not to be repaid.
Rental subsidies for low-income tenants who may be
displaced by renovation and rent increases, so they
may stay in the apartment. The tenants may use the
subsidy to move elsewhere. One rent subsidy is
allocated to Roanoke for each $7,500.00 of Program
al 1 ocati on.
It was further advised that Roanoke's allocations for the previous
four years of the Rental Rehabilitation Program totalled $529,300.00
for rehabilitation subsidies; that the allocations provided renovation
to 109 dwelling units in 59 buildings, at a total cost of approximately
$1,735,000.00 (combined public and private funds); that allocations
have included $120,000.00 in supplemental awards from HUD due to the
local Program's success; that an additional $50,000.00 in CDBG funds
was committed to the Rental Rehab Program last fiscal year and has been
carried over to this year in CDBG Account No. 035-086-8620-5161; and
these funds are reserved for use in support of Code Enforcement activi-
ties.
Mr. Herbert explained that the Rental Rehabilitation Program
application for 1988 funds was submitted to HUD in May, 1988; and the
1988 Program described in the application is based on obtaining addi-
tional funds from the Virginia Housing Developnent Authority (VHDA) or
other source that could be loaned to property owners on favorable
terms.
382
ACTION:
The City Manager further explained that final arrangements for
VHDA's supplemental financing of tile Pro§ram have not been made,
although the Board of Commissioners has voted approval; that when
details are completed, further action by Council will be required; that
the City's application for HUD grant funds was approved by HUD in early
July, 1988 for $142,000.00 of Federal Program funds; and HUD has asked
that the City execute the grant agreement to accept said funds.
The City Manager recommended that he be authorized to execute the
Grant Agreement with HUD accepting 1988 Rental Rehabilitation Program
funds, subject to approval by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr, Bowers offered the following emergency Ordinance:
(#29264) AN ORDINANCE accepting a Rental Rehabilitation Program
Grant from the United States Department of Housing and Urban Develop-
ment, authorizing the execution of the requisite grant agreement and
HUD Funding Approval Form; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 700.)
Mr. Bowers moved the adoption of Ordinance No. 29264. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ......
HOUSING-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Assistant
City Manager submitted a written report on behalf of the City Manager
advising that Council approved implementation of the Roanoke Neighbor-
hood Partnership- Neighborhood Development Grant Program, to provide
assistance to neighborhood organizations in undertaking major community
projects as a part of the 1985-86 Community Developnent Block Grant
(CDBG) on May 13, 1985, pursuant to Resolution No. 27559.
It was further advised that Council authorized additional funding
in the fiscal year 1986-87 CDBG Program on April 14, 1986, pursuant to
Resolution No. 28091; and the Roanoke Neighborhood Partnership awarded
grants in January, 1986 to:
Old Southwest, Inc. to purchase a vacant lot e.~ the
corner of 5th Street and Highland Avenue, S. W.
{ $4,700.00)
Northwest Neighborhood Environmental Organization
(NNEO) to purchase and rehabilitate 712 Gilmer
Avenue, N. W. ($9,300.00) Grant was subsequently
amended to be used for moving and rehabilitation of
Shadeland house to 706 Gilmer Avenue, N. W.
It was explained that Council approved the City Manager's and the
Partnership's recommendation on July 27, 1987, of a short-term loan to
NNEO of $12,500.00 to complete rehabilitation of 706 Gilmer Avenue;
that the NNEO has completed work on 706 Gilmer, the house has been
sold, and funds have been returned to the City as CDBG Program income;
that Old Southwest, Inc., has s~bmitted a proposal to use $12,000.00 in
neighborhood development grant funds to purchase and rehabilitate a
house at 657 Day Avenue, S. W.; and the Roanoke Neighborhood
Partnership (RNP) Steering Committee reviewed the proposal and recom-
mends funding.
It was further ex~ained that Old Southwest, Inc., woNd provide
matching fmds for the grant, totalling approximately $35,000.00, by
obtaining a construction loan, which would be transferred to conven-
tional ~nancing when the project is competed.
383
m
ACTION:
ACT[ON:
The City Manager recommended that he be authorized to execute a
grant agreement with Old Southwest, [nc., in the amount of $12,000.00,
for purchase and rehabilitation of a house at 657 Dale Avenue, S. E.;
that the City Attorney and the Director of Finance be authorized to
serve as trustees of requisite Deed of Trust in the grant; and also
authorize the Director of Finance to transfer $12,000.00 from Account
No. 035088-8840-518/ to a new account to be established in the Grant
Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(//29265) AN ORDINANCE to mnend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 701.)
Mr. Garland moved the adoption of Ordinance No. 29265. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor, 7.
NAYS: None--
Mr. Garland offered the following emergency Ordinance:
(//29266) AN ORDINANCE authorizing the City Manager to execute an
Agreement with Old Southwest, [nc., extending a loan to said cor-
poration; authorizing the City Attorney and Director of Finance to
serve as trustees with respect to the deed of trust securing the loan
made pursuant to the aforesaid Agreement; authorizing the City Manager
to execute a certificate of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 701.)
Mr. Garland moved the adoption of Ordinance No. 29266. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None .........
-0o
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
Assistant City Manager submitted a written report on behalf of the City
Manager advising that the Consortiun will submit the fiscal year 1989
Title II-A Implementation Strategy to the Governor's Employment and
Training Department by July 29, 1988, as follows:
Planned programs include on-the-job training, job
related education, classroom training, customized
training, and remedial education. Transportation
services will be provided to those eligible.
Approximately 370 youth (ages 16 to 21) and 315
adults (age 21 and over) of the Fifth Planning
District are targeted to be served. It is planned
that 160 of the total youth and 137 of the total
adults will be Roanoke City residents.
It was explained that the Consortitm has been authorized to
operate a joint contract with the Roanoke City Department of Social
Services during fiscal year 1989; that the program will offer Job Club
activities, Career Exploration, Work Experience, Adult Basic Education,
GED Preparation, and Grant Diversion (Project Trade) activities to 300
eligible Roanoke City residents; that a proposal was submitted by the
Consortium for Project Literacy funds to use in the Alleghany Highlands
384
ACTION:
area in the amount of $10,724.00; that literacy training will be
offered to 20 JTPA eligible persons, 16 years of age or older, who are
out of school and functioning between the fifth and eighth grade level
in reading, communication and/or math skills; that the City of Roanoke
is the grant recipient for Consortiun funding; and Council must
appropriate the funding for all grants the Consortiun receives.
Mr. Herbert advised that the Governor's Emplo~anent and Training
Department has sent to the Consortiun, Notice of Award Number 89-03-01,
in the amount of $980,567.00, for the Title II-A Program; that the
Roanoke City Department of Social Services and the Consortiun have
entered into a contract, in the amount of $103,600.00, for enplo3~nent
services and grant diversion activities; and the Governor's Employment
and Training Department has sent a Notice of Award Nunber 89-03-02 to
fund Project Literacy, in the amount of $10,724.00.
The City Manager recommended fha t Co unci 1 a ppro pti ate
$1,094,891.00 of Consortium funding, and establish a revenue estimate
for $1,094,891.00 in accounts to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29267)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Consortiun Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 702.)
Mrs. Bowles moved the adoption of Ordinance No. 29267. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ...................... 7.
NAYS: None ........ O.
BUDGET-CiTY TREASURER-EQUIPMENT: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
cash registers in the Treasurer's Office were purchased in 1980 for the
automation of collections and to interface with automated accounts
receivable systems; that real estate and personal property accounts
receivable systems have been automated to 'interface with cash
registers; and additional receivable systems need to be interfaced with
the collections system over the next few years, which include business
licenses, utility bills and miscellaneous receivables.
It was further advised that the capacity and reliability of
current cash registers are serious problems to further system expan-
sion; that on November 9, 1987, Council approved a Capital Maintenance
and Equi~ent Replacement Program, which included a list of necessary
office automation items and renovations for the City Treasurer; that
the single item cost for the items will not exceed $10,000.00; and
Council's approval is required for single purchases which cost exceed
$10,000.00 as stated in the Code of the City of Roanoke, Chapter 23.1,
Procurement, (1979), as amended.
Mr. Herbert stated that programmable personal computers offer
expanded capability and reliability for use as cash registers and
interfacing to account receivables on the City's central system; and
single purchase items, for office renovation and automation of the City
Treasurer's Office, which will cost less than $10,000.00 per single
item are as follows:
Fabricate and install new counters
in City Treasurer's Office
$ 6,200.00
Lockers and drawers under above
counters
3,539.00
m
m
ACTION:
385
Carpet for Treasurer's Office
500.00
Office stools for counter enployees,
Treasurer' s Office
960.00
Printer Stand
196.00
I - IBM PS/2 Micro Computer, Model
8500-031 w/color display
3,165.00
6 ~ HP Think-jet Printers
1,752.00
6 - IBM PS/2 Computers, Model
8500-021 w/dismays
17,550.00
2 - Telex display stations with
printers
2,680.00
6 - PC Dos Software, power strips,
printer cables and emulation program
1,960.20
I - C.[TOH Prowriter Jr. Printer with
tractor, narrow carriage, 9 pin,
parallel wi th cable
100.00
6 - Validation printers, model 5400
5,538.00
Software - Real ia Cobol, Realcics
and Realcics Operating Environments
2,580.00
$46,720.20
It was noted that the above listed items will be procured through
the State Contract System or through competitive request for quotation
by the General Services Department; and appropriations by Council are
requested to allow for the purchase of said items.
The City Manager recommended that Council approve the request to
appropriate $46,720.20 from the Capital Maintenance and Equipnent
Replacement Program to specific accounts as follows:
Bldg. Maintenance
City Treasurer
001-052-4330-3050
001-020-1234-9015
$10,239.00
36,481.20
(For full text, see report on file in the City Clerk's Off)ce.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29268)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 704.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29268. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .......................
NAYS: None ....... O.
PUBLIC ASSISTANCE-HEALTH DEPARTMENT: The Assistant City Manager
submitted a written report on behalf of the City Manager advising that
State-Local hospitalization is a plan whereby the State Department of
Social Services and the City of Roanoke agree to provide hospitaliza-
tion, outpatient, and/or emergency room service and outpatient
(ambulatory) service to medically indigent citizens of the City of
Roanoke, and noting that funds are 75 per cent reimbursed to the City.
386
ACT[ON:
It was further advised that provision of the services is
accomplished by execution of State-Local Hospital i zation Plan
Agreements between the participating hospitals, the City of Roanoke,
and the State Department of Social Services; that local health depart-
ments, pursuant to Chapter 7, Title 63.1, Code of Virginia, 1950, as
amended, are allowed to bill the State Department of Social Services
for outpatient care provided through their clinic to medically indigent
persons; that the City of Roanoke has entered into previous agremnents
to allow the local Health Department to receive State funds for pro-
viding outpatient care to medically indigent citizens; and Council has
annually authorized the City Manager or his designee to execute the
agreements.
The City Manager noted that State-Local Hospitalization Plan
Agreements have been executed by the various hospitals wishing to par-
ticJpate in the program for the year beginning July 1, 1988, and ending
June 30, 1989; that agreements need to be executed by the City of
Roanoke before being approved by the State Department of Social
Services; and the local Health Department has requested that the City
Manager or his designee sign the State-Local Hospitalization Agreement
for outpatient care for the period beginning July 1, 1988, through
June 30, 1989.
[t was pointed out that rate(s) a hospital may charge for
service(s) are established by the Unifom Hospital Cost Accomt~ng
System based on each individual hospital's operational cost; and the
hospital agrees to care for persons admitted, receiving ambulatory
surgery, or outpatient services for the period of July 1, 1988, through
June 30, 1989, under the State-Local Hospitalization Agreements at the
following all inclusive da~ly rates:
Amb ul atory
Hospi ta] s [n patient Surgery. .O. ut patient
Community Hospital of
Roanoke Valley
$471.78 $320.81 $15.00
Gill Memorial Hospital
477.81 324.91 15.00
Lewi s-Gal e Hospital
441.63 300.31 15.00
Medical College of
Virginia 539.44 366.82 15.00
Roanoke Memori al
Hospital s 469.94 319.56 15.00
University of VA
539.44 366.82 15.00
[t was further pointed out that the local Health Department is
allowed to bill the State Department of Social Services at an all
inclusive rate of $15.00 per visit for outpatient care.
The City Manager recommended that he or his designee be authorized
to execute State-Local Hospital Agreements with participating hospitals
and the local Health Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29269) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 707.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
387
AYES: Council Members Trout, Bowers, Fitzpatrick and Musser .... 4.
NAYS: None ...... O.
(Council Member Bowles abstained from voting inasmuch as she serves on
the Community Hospital of Roanoke Valley Board of Directors.)
(Council Member Garland abstained from voting inasmuch as he is
employed by Community Hospital of Roanoke Valley.)
(Mayor Taylor abstained from voting inasmuch as he serves on the
Roanoke Memorial Hospitals Board of Directors.)
HOUSING-GRANTS: The Assistant City Manager s~bmitted a written
report on behalf of the City Manager advising that Community Develop-
ment Block Grant (CDBG) funds for fiscal year 1988-89 total
$2,154,083.00, including $1,486,000.00 new entitlement and $668,083.00
program income; that Council is scheduled to appropriate these funds on
Monday, August 22, 1988; and the Roanoke Redevelopnent and Housing
Authority (RRHA) historically ha~ administered certain portions of CDBG
programs for the City, including housing rehabilitation and economic
developnent activities.
[t was further advised that funds budgeted for the Housing
Authority's services in fiscal year 1988-89 total $398,715.00 for admi-
nistration and support of seven economic develo~ent programs and seven
housing programs which include $67/,000.00 allocated from fiscal year
1988-89 funds (including $142,000,00 from Rental Rehab) pl us carry over
funds of $908,746.00, for a total contract amount of $1,984,461.00;
that major responsibilities to be fulfilled by the Housing Authority
under the contract include activities regarding housing rehabilitation
and commercial/industrial developnent; and an Administrative Agreement
between the City and the Housing Authority is necessary before the
Housing Authority can perform and receive payment for administrative
activities regarding CDBG funded or assisted programs.
The City Manager recon~nended that he be authorized to execute an
agreement with the Roanoke Redevelopnent and Housing Authority for the
following administration and implementation of various community deve-
1 opnent activities:
Cost to the City for administration and support
will be $398,715.00 of CDBG funds. Costs for pro-
jects will be $1,585,746.00 in CDBG/HUD funds. No
other City funds will be expended.
Funding is available in CDBG accounts.
Administrative capability to perform the services
specified is possessed by the RRHA. The RRHA is
experienced in and knowledgeable of the programs
speci fled, having performed similar respon-
sibilities in previous years.
Timing is important since the previous contract
expired on June 30, lg88, and several programs are
ongoing and should be continued.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29270) AN ORDINANCE authorizing the execution of a written
agreement with the City of Roanoke Redevelopnent and Housing Authority
relating to the performance of certain Community Developnent Block
Grant program activities to be undertaken by the City during Program
Year 1988-1989; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 704.)
Mrs. Bowles moved the adoption of Ordinance No. 29270. The motion
was seconded by Mr. Fitzpatrick and adored by the following vote:
388
ACT[ON:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None .......................
-0.
STREETS AND ALLEYS:UTILITIES: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
Council closed a portion of Harrison Avenue, N. W., hetween Gainsboro
Road and North Jefferson Street, pursuant to Ordinance No. 16584, on
A~gust 23, 1965; and the Ordinance specified that the City reserved to
itself an easement of existing or future utilities within the street
right-of-way, and forbids construction of permanent structures over the
easement.
It was further advised that Our Lady of the Valley, [nc., proposes
Lo erect a home for adults on ]and adjacent to North Jefferson Street;
that structures will encroach upon the closed portion of the right-of-
way of Harrison Avenue, N. W.; that two public utilities exist within
the closed right-of-way, a four inch City water line and a buried
telephone cable; that Our Lady of the Valley, [nc., will move the two
utilities to approved new locations; and the Church has requested that
Council abandon or release the easement restrictions remaining on the
closed right-of-way.
The City Manager recm~mended that Comcil authorize the release of
easement restrictions remaining on the closed portion of Harrison
Avenue, N. W., between Gainsboro Road and North Jefferson Street, upon
satisfactory relocation of existing utilities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29271) AN ORDINANCE authorizing execution of a deed of release
releasing the City's interest in a public utility easement reserved by
the City by Ordinance No. 16584, adopted August 23, 1965, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 708.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... 7.
NAYS: None .........
-0.
INDUSTRIES: The Assistant City Manager submitted a written report
on behalf of the City Manager advising that a letter dated July 27,
1988, regarding a request to extend Blue Hills Drive, N. E., was sent
to the City by Mr. Jack Carter of Sunlink Corporation (owners of the
Universal Communication Systems (UCS) site in the Roanoke Centre for
Industry and Technology (RCIT); that State law requires the approval of
Council before the grading for a roadway may proceed on a previously
platted but reopened right-of-way; that an existing portion of Blue
Hills Drive is approximately one mile long, and extension of approxima-
tely 200 feet would be required to provide access to a second entran-
ceway to the Universal Communication System site.
It was further advised that the Code of Virginia, Section
15.1-368, provides that Council may direct that street grading be done
and, in such event, Council shall designate and direct a committee of
Council or some officer of the City to ascertain what damages, if any,
will accrue to the owners of affected properties; and the grading and
drainage plan for the Universal Communication System site denotes two
options by which B1 ue Hills Drive could be extended:
Option 1- Extend the roadway at a paved width of
24 feet, connecting directly into the
Universal Communication System driveway,
while keeping the existing cul-de-sac at
its current location.
I
m
ACTION:
ACTION:
Option 2- Extend the roadway at a paved width of
48 feet to match existing roadway width,
and relocate the cul-de-sac.
The City Manager recommended Council authorize the grading of Blue
Hills Drive, N. E., by Sunlink Corporation, in confomance with Option
1 at no cost to the City; that the City Engineer be appointed to
inspect the Blue Hills Drive area and determine what damages, if any,
will accrue to the owners of properties affected by the proposed impro-
vement s.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29272) A RESOLUTION authorizing the grading and extension of
Blue Hills Drive, N. E.
(For full text of Resolution, see Resolution Book No. 50, page 705.)
Mr. Trout moved the adoption of Resolution No. 29272. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Comcil Members Trout,
Garland, Musser and Mayor Taylor ........
NAYS: None ..........
DIRECTOR OF FINANCE:
Bowers, Bowles, Fitzpatrick,
O.
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report for the City of Roanoke for the month of July, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and manimously adopted.
BONDS-BUDGET-SCHOOLS-PARKS AND PLAYGROUNDS: The Director of
Finance submitted a written report advising that the City recently
received $10,000,/00.00 of proceeds from the sale of Public Improvement
Bonds, Series 1988; that a premiun of $700.00 was received along with
the $10,000,000.00 of bond proceeds; and the funds should be appro-
priated within the Capital Projects Fund to the following categories
for which the bonds were sold:
Storm Drains
Schools
Streets and Bridges
Parks
$ 4,225,700.00
3,525,000.00
1,500,000.00
750,000.00
Total $10,000,700.00
Mr. Schlanger further advised that in the future, as specific pro-
jects are identified, funds will be transferred to each account, noting
that funds can be transferred only by action of Council.
The Director of Finance recommended that Council adopt a budget
ordinance appropriating $10,000,700.00 in bond proceeds and pr~iuns to
the categories as shown above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29273)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 705.)
389
390
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29273. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..... 7.
NAYS: None .........................
FLOOD CONTROL: The Director of Finance s~mitted a written report
advising that on August 8, 1988, Council approved "A" the City
Manager's recommendation Lo appropriate $200,000.00 for initiation of
surveying and plot preparation to commence the process of obtaining
options on land necessary for the Roanoke River Flood Reduction
Proj ect.
The Director of Finance recommended that Co~qcil appropriate
$200,000.00 for initiation of surveying and plot preparation to begin
the I~'ocess of obtaining options on land necessary for the Roanoke
River Flood Reduction Project.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29274) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and p~oviding for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 706.)
Mrs. Bowles moved the adoption of Ordinance No. 29274. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..... 7.
NAYS: None .....................
CITY ATTORNEY:
TAXES-CHURCHES: The City Attorney submitted a written report
transmitting an Ordinance authorizing Trustees of Covenant Presbyterian
Church to take and hold more than four acres of land in the City of
Roanoke, s~ject to certain terms and conditions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29275) AN ORDINANCE authorizing the Trustees of Covenant
Presbyterian Church to take and hold more than four acres of land in
the City, s~ject to certain terms and conditions, and providing for an
emergency.
(For f~l text of Ordinance, see Ordinance Book No. 50, page 707.)
Mr. Trout moved the adoption of Ordinance No. 29275. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ..........
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
391
ACTION:
ACTION:
ACTION:
ZONING: Ordinance No. 29238 rezoning a parcel of land located at
646 Elm Avenue, S. W., described as Lot 4, Block 4, Lewis Reserve Map,
Official Tax No. 1120703, from BM-2, Residential Multi-Family, Mediun
Density District, to C-1, Office District, having previously been
before the Council for its first reading on Monday, August 8, 1988,
read and adopted on -its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(.~29238) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 112, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 690.)
Mr. Trout moved the adoption of Ordinance No. 29238. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles,
Garland, Musser and Mayor Taylor- '
NAYS: None-
Fitzpatrick,
ZONING: Ordinance No. 29240 rezoning twelve parcels of land
located on the south side of Shenandoah Avenue, N. W., lying both east
and west of its intersection with 25th Street, N. W., designated as
Official Tax Nos. 2410204 - 2410213, respectively, and Official Tax
Nos. 2311001 and 2311004, from LM, Light Manufacturing District, to
C-2, General Commercial District, having previously been before the
Council for its first reading on Monday, August 8, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
ado pti on:
(#29240) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 231 and 241, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 50, page'691.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29240. The
motion was seconded by Mr, Trout and adopted by the following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor-
Bowers, Bowles, Fitzpatrick,
NAYS: None--
PARKING GARAGE: Ordinance No. 29249 authorizing appropriate City
officials to enter into a lease with United Parcel Service (U.P.S.) for
location of a next day air letter center in the Municipal Parking
Garage, having previously been before the Council for its first reading
on Monday, August 8, 1988, read and adopted on its first reading and
laid over, was again before the body, Mr. Musser offering the following
for its second reading and final adoption:
(~29249) AN ORDINANCE authorizing the appropriate City officials
to enter into a lease with United Parcel Service (U.P.S.) for location
of a next day air letter center in the Municipal Parking Garage, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 692.)
Mr. Musser moved the adoption of Ordinance No. 29249. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor .... ' ........ 7.
NAYS: None- . .......... O.
392
ACTION:
ACTION:
WATER DEPARTMENT-EASEMENTS: Ordinance No, 29254 authorizing
appropriate City officials to execute and attest appropriate quitclaim
deed releasing the City's rights and interest in a portion of the
Falling Creek Reservoir Access Road, subject to a formal dedication and
acceptance for public use of the overlying right-of-way of Horsepen
Mountain Road in Section 6, Falling Creek Estates, located in Roanoke
County, having previously been before the Council for its first reading
on Monday, August 8, 1988, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29254) AN ORDINANCE authorizing the appropriate City officials
to enter into a release of a portion of the easement for the Roanoke/
Vinton Water Company Road, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 692.)
Mrs. Bowles moved the adoption of Ordinance No. 29254. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ................... 7.
NAYS: None .............
Oe
APPALACHIAN POWER COMPANY-iNDUSTRIES: Ordinance No. 29255
authorizing execution of an amendment to the plat of subdivision of
Section 2 of the Roanoke Centre for industry and Technology in order to
dedicate a 50 foot wide public utility easement across Parcels 5 and 6
of the Centre and to amend portions of the public utility easements
across Parcels lA and lB of Section Ii of the Centre, with approval of
the owners of said parcels, to permit overhead electric utilities, in
lieu of underground service; and further authorizing an indenture
agreement with Appalachian Power Company conveying a right-of-way and
easement, with the right to construct, erect, operate and maintain
lines for the purpose of transmitting electric power within and across
easement areas abovedescribed, and across Blue Hills Drive, N. E.,
having previously been before the Council for its first reading on
Monday, August 8, 1988, read and adopted on its first reading and laid
over, was again before the body, Mrs. Bowles offering the following for
its second reading and final adoption:
(#29255) AN ORDINANCE authorizing the execution of an amendment
to the plats of subdivision of certain areas within the Roanoke Centre
for industry and Technology in order to dedicate a new public utility
easement across two parcels and to eliminate the restriction against
above ground utilities on certain other parcels; and authorizing the
execution of an indenture with Appalachian Power Company providing for
a utility easement across certain areas of the Centre.
(For full text of Ordinance, see Ordinance Book No. 50, page 693.)
Mrs. Bowles moved the adoption of Ordinance No. 29255. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor. 7.
NAYS: None ..............................
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:45 p.m., the Mayor declared the meeting in recess.
At 3:55 p.m., the meeting reconvened in the Counci] Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
393
il
YOUTH: The Mayor advised that there is a vacancy on the Youth
Services Citizen Board due to the resignation of Mr. J. Williams
Stephens ~r a term ending May 31, 1990, and called for nominations to
fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Joe E. Brown, Jr.
There being no further nominations, Mr. Brown was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Mr. J. Williams Stephens ending May 31, 1990, by the following vote:
ACTION: FOR MR. BROWN: Council Members Trout, Bowers, Bowles,
Fitzpatrick, Garland, Musser and Mayor Taylor ........................ 7.
HOUSING: The Mayor advised that the four year terms of Dr.
Wendell H. Butler, Mr. Percy T. Keeling and Mr. C. Fred Mangus as Com-
missioners of the Roanoke Redevelol~ent and Housing Authority will
expire on August 31, 1988; that Mr. Mangus will be unable to serve
another term due to health reasons, and called for nominations to fill
the vacancies.
Mr. Bowers placed in nomination the names of Dr. Wendell H. Butler
and Mr. Percy T. Keeling.
There being no further nominations, Dr. Butler and Mr. Keeling
were reelected as Commissioners of the Roanoke Redevelopnent and
Housing Authority for terms of four years each, ending August 31, 1992,
by the following vote:
ACTION: DR. BUTLER AND MR. KEELING: Comcil Members Trout, Bowers,
Bowles, Fitzpatrick, Garland, Musser and Mayor Taylor ................ 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:00 p.m.
APPROVED
ATTEST: ~~
City Clerk
394
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 12, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 12, 1988, at /:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2=15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ...................................................... 7.
ABSENT: None ......... O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Joe Lindsoe,
Pastor, Melrose Christian Church.
The Pledge of Allegiance to the Flag of the United States of Anerica
was led by Mayor Taylor.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adored by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 12, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Cart L.
Kinder, Attorney, representing Mr. Leonard W. Weaver, that a tract of
land consisting of 0.53 acre, more or less, lying on the east side of
Plantation Road, N. E., identified as Official Tax Nos. 3121014 -
3121018, respectively, be rezoned from HM, Heavy Manufacturing
District, to LM, Light Manufacturing District, subject to certain con-
ditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 26, 1988, and Friday, September 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit the operation of a manufacturing facility,
a wholesale office and warehouse for siding and guttering, was before
Co unc i 1.
The Planning Commission recommended approval of the requested
rezoning, advising that the proposed use would be consistent with manu-
facturing activity in the vicinity and would be more consistent with
the zoning pattern in the area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29276) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 724.)
395
ACTION:
The motion was seconded by Mrs. Bowles.
Mr. Cart L. Kinder, Jr., Attorney, appeared before Council in sup-
port of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 292/6 was adopted on its first reading by
the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None ...... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, September 12, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on t'he request of Mr. James F.
Douthat, Attorney, representing N & W Associates, a Virginia general
partnership, that a tract of land containing 2.306 acres, more or less,
located on the southwest corner of the intersection of U. S. Route 460
East {Orange Avenue) and Mecca Street, N. E., designated as Official
Tax No. 7070114, be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 26, 1988, and Friday, September 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the origi-
nal purpose of the rezoning was to permit the construction of a
restaurant, however, an amended petition to rezone was filed on
August 9, 1988, to construct a chain-link fence six feet in height on
the southerly boundary of the property adjacent to the property of the
TRS East End Baptist Church, designated as Official Tax No. 7070115,
was before Council.
The Planning Commission recommended that the request he approved,
advising that C-2 zoning on the property is compatible with surrounding
land uses; and the size and location of the parcel diminishes its value
for industrial develo~ent.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29277) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 707, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 725.)
The motion was seconded by Mr. Garland.
Mr. James F. Douthat, Attorney, appeared before Council in support
of the request of his client.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29277 was adopted on its first reading by
the following vote:
· AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................. 7.
NAYS: None ....... O.
396
ACTZON:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, September 12, 1988, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Mr.
John D. Copenhaver, Attorney, representing Mr. and Mrs. Harry A.
Craighead, Mr. Jesse W. Elmore, Melrose Avenue Seventh Day Adventist
Church, and the U. S. Plunbers and SLeamfitLers Local Union 491, that
an al]ey 15 feet in width extending in an east/west direction from
Sixteenth Street, N.W., for distance of 404 feet, he permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 26, 1988, and Friday, September 2, 1~-~8.
(See pd~lisher's affidavit on file in the City Clerk's Office,)
A report of the City Planning Commission recommending that Council
approve the request to close the alley, subject to the following con-
ditions, was before the body.
That the application be amended to provide for
vacation of the al I ey pursuant Lo Section
15.1-482 (b), of the Code of the Commonwealth of
Virginia (1950), as amended.
That the applicants agree to have prepared and sub-
mitred to the City, a plat of survey/subdivision
for review, approval and recordation.
That official closure of the alley be made subject
to the recordation of the above subdivision plat.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29278) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 726.)
The motion was seconded by Mr. Fitzpatrick.
Mr. John D. Copenhaver, Attorney, appeared before Council in sup-
port of the request of his client.
No person wishing to address Council with regard to the matter,
Ordinance No. 29278 was adopted on its first reading by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ........ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, September 12, 1988, at 7:30 p,m., or as
soon thereafter as the matter may be heard, on the request of Mr.
Daniel F. Layman, Jr., Attorney, representing the City of Roanoke
Redevelopment and Housing Authority, that certain portions of Linwood
Land Company and Deanwood Terrace be vacated, pursuant to Section
15.1-482 (b), of the Code of Virginia (1950), as amended, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 26, 1988, and Friday, September 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
397
ACTION:
A report of the City Planning Commission recommending that the
subject portions of the plats of the Linwood Land Company and Deanwood
Terrace be approved, subject to the condition that a 121/2 foot strip of
property along its boundary with Hollins Road, N. E., he dedicated upon
the plat to the City for street right-of-way purposes, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29279) AN ORDINANCE vacating portions of certain subdivision
plats and pemanently, vacating, discontinuing and closing certain
pd)lic right-of-way in the City of Roanoke, Virginia, as are more par-
ticularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 727.)
The motion was seconded by Mr. Trout.
Mr. Daniel F. Layman, Attorney, appeared before Council in support
of the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 29279 was adopted on its first reading by the following
vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None ........ O.
HOUSING-GRANTS-PLANNING: Council having previously authorized the
City Clerk to advertise a public hearing for Monday, September 12,
1988, at 7:30 p.m., or as soon thereafter as the matter may be heard to
consider the three-year Housing Assistance Plan {HAP) for submission to
the United States Department of Housing and Urban Development for
review and approval thereof, the matter was before the body.
Legal advertisement
morning edition of the
September 2, 1988.
of the public hearing was ptblished in the
Roanoke Times & World-News on Friday,
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Housing Assistance Plan is a required part of the Community Development
Block Grant Program which describes local housing conditions and sets
quantitative goals for providing housing to low and moderate income
residents; that entitlement communities must prepare a Housing Assi-
stance Plan according to statutory requirements to receive Community
Development Block Grant funds; and Roanoke City must submit a new three
year Housing Assistance Plan to the Department of Housing and Urban
Development by September 30, 1988, to be effective from October 1, 1988
through Septemer 30, 1991.
The City Manager recommended that Council approve the three year
Housing Assistance Plan from October 1, 1988, through September 30,
1991, and the annual goal for October 1, 1988, thro~h September 30,
1989; and that he be authorized to submit the doc unents to HUD for
approval.
(For full text, see report on file in the City Clerk's Office.)
No person wishing to address Council with regard to the proposed
Housing Assistance Plan, Mr. Musser offered the following emergency
Ordinance:
(#29280) AN ORDINANCE authorizing a Housing Assistance Plan for
the City's Community Development Block Grant program; authorizing the
s~bmission of this docunent to the United States Department of Housing
and Urban Development; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 709.)
398
ACTION:
Mr. Musser moved the adoption ol~ Ordinance No. 29280. The motion
was seconded by Mr. Fitzpatrick and adopted by the fol1owing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ....................... O.
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and it:
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, a real estate matter, and a matter
regarding a contract under negotiation.
M[NUTES: Minutes of the reg~ar meetings of Council held on
Monday, June 6, 1988, Monday, June 13, 1988, and Monday, June 20, 1988,
were before the body.
(For full text, see minutes on file in the City Clerk's Off:ice.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ...................... 7.
NAYS: None .......
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................. 7.
NAYS: None ....... O.
COUNCIL: A communication from Council Member James O. Trout
requesting an Executive Session to discuss a real estate matter, being
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a real estate matter, being the acquisi-
tion of real property for public purpose, pursuant to Section 2.1-344
(a) (3), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................. 7.
NAYS: None ............................ O.
399
m
ACT[ON:
ACT[ON:
BRIDGES: The City Manager submitted a written report advising
that Memorial Bridge was dedicated in 1926 as a memorial to war
veterans of World War I and the Spanish-American War; that annul
bridge inspection by Hayes, Seay, Mattern & Mattern, Inc. (HSMM) in
1987 rated the bridge as ~ir, and indicated that the concrete deck
shoed be evaluated for possible rehabilitation; and Council Member
Bowers, on behalf of various citizen groups, requested City staff to
review the possibility of rehabilitation/renovation of the bridge to an
appearance in keeping with a veteran's memorial.
It was further advised that City staff reviewed the bridge and
estimated the cost of rehabilitating/renovating at $843,000.00; and
citizen group leaders inet with City staff on July 29, 1988, to discuss
options available to the City, as follows:
Superstructure ilnprovements could be initiated in
the next year to improve the overall appearance.
This is tempered with the reality that these impro-
vements could be damaged when substructure and
bridge deck improvements commence at another date.
Improve entire bridge ruder one contract when funds
become available through prioritization and future
bond sales.
it was noted that the consensus of citizen leaders and City staff
was that the most prudent approach was to improve the entire bridge
under one contract; however, the City would have to provide funding
within three to five years.
Mr. Herbert stated that recent bond sales have incl~ed sufficient
funds to rehabilitate one bridge per year; that with the current bond
schedule and bridge priorities, City staff estimates that a complete
rehabilitation of the Memorial Bridge could occur within three years;
and staff emphasizes that the Memorial Bridge is structurally sound,
however, the bridge is 60 years old and must be rehabilitated to avoid
rapid deterioration.
The City Manager recommended that Comcil receive and file the
report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None--- O.
REFUSE COLLECT[ON: A report of qualification of John H. Parrott
as a member of the Roanoke Valley Regional Solid Waste Management Board
for a term of four years ending July 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
fol 1 owl ng vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None-- O.
ROANOKE ARTS COMMISSION: A report of qualification of Kemper A.
Dobbins as a member of the Roanoke Arts Commission for a term of three
years, ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
400
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None .....................
YOUTH: A report of qualification of Joe E. Brown as a member of
the Youth Services Citizen Board to fill the unexpired term of J.
William Stephens for a term ending May 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
fol 1 owi ng vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None ...................
.0.
MOUSING: A report of qualification of Wendell H. Butler and
Percy T. Keeling as Commissioners of the Roanoke Redevelopment and
Mousing Authority for terms of four years each, ending August 31, 1992,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
fol ]owi ng vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None .............. O.
COUNCIL: A communication from Co~cil Member Howard E. Musser
requesting an Executive Session to discuss a matter relating to the
terms and conditions of a contract in negotiation, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Mr. Musser
to convene in Executive Session to discuss a matter relating to the
terms and conditions of a contract in negotiation, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ............
.0.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKING GARAGE-COMPLAINTS: Ms. Linda Milton, 2924 Dell Avenue,
N. E., appeared before Council and advised that a petition signed by 77
persons has'been filed with the City regardin9 the condition of the
Church Avenue parking garage. She said it seems that the increased
rates have caused concerns about the lack of service. She added that
patrons would like to have a list of maintenance services that are
currently performed at the garage and the frequency with which they are
performed, a current income and expense statement of operations, a copy
401
ACTION:
ACTION:
ACT[ON:
ACTION:
ACT[ON:
of the review of the garage facility performed by Appalachain Power
Company, and a list of improv~nents to be implemented by the City and a
timeframe therefor. She said the basic feeling of the patrons is, if
they must pay more money to park, they would like to know how the money
i s used.
The City Manager advised that a nunber of the complaints expressed
by parking patrons are legitimate and City staff is in the process of
addressing them. He said Ms. Milton's questions are not unreasonable
and he would be pleased to work with her or other concerned parking
garage patrons,
Ms. Deborah Charles, Route 1, Box 183, Hardy, Virginia, appeared
before Council and concurred in the remarks of Ms. Milton. She called
attention to malfunctioning elevators and requested the assistance of
Council in correcting the problems that presently exist.
Mr. Richard Dennis, 2414 Bermuda Road, appeared before Council and
advised that he too concurs in the r~narks made by Ms. Milton. He
referred to problems with inoperable elevators, the general deteriora-
tion of the parkin9 garage and incidents of cars being broken into. He
pointed out that security is practically nonexistent.
Mr. Bowers moved that the matter be referred to the City Manager
for investigation, report and recommendation to Council.
Mr. Trout asked that more attention be given to security, and
requested that information concerning same be included in the City
Manager' s report.
Mr. Bowers asked if it would be possible to have an employee sta-
tioned at the monthly payment gate during the first two days of the
month to receive monthly parking fees and provide the patron with a
monthly parking card as opposed to having patrons pay at the office.
He requested that the matter be given consideration by the administra-
tion. Secondly, Mr. Bowers asked if the administration could assure
him that all customers parking in the monthly section have paid their
monthly fee and requested that the matter be considered by the City
Manager. Further, he said when there is a proposed rate increase,
notice thereof should be posted in the elevators for the information of
the patrons.
Mr. Fitzpatrick requested information on the pay-off for construc-
tion of the Church Avenue parking garage, and how much of the monthly
incremental payments go toward the pay-off. Secondly, he requested
information on whether the Church Avenue parking garage should be
included ruder the u~brella of the other garages managed by the Greater
Roanoke Transit Company, along with information on cost savings, if
any.
The motion was seconded by Mr. Garland and manimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A co~unication from the Roanoke City School
Board recommending appropriation of grant funds to the following school
accounts:
Grant No. 6123 - $595,000.00 for the Chapter I
Carryover Program to utilize the
balance of the FY87-88 Chapter I
al l ocati on to defray FY88-89
Chapter I costs. The Program is
one hundred per cent reimbursed by
Federal funds.
'Grant No. 6124 - $1,955,956.00 for the Chapter I
Winter Program to provide remedial
reading, language arts and mathe-
matics instruction for students in
targeted schools. The Program is
one hundred per cent reimbursed by
Federal funds.
4O2
Grant No. 6223 - $165,023.00 for the 1988-89
Chapter I[ Block Grant Lo provide
funds for the improvement of
instructional services in the
school district. The program is
one hundred per cent reimbursed by
Federal funds.
Grant No. 6415 - $195,212.00 for the Alternative
Education Program to provide
instruction and guidance services
to secondary level students who
are at risk of leaving school due
to poor academic achievement, low
or unrealistic self-concept, or a
poor understanding of academic
preparation required to achieve
their career interest. The
Program will be funded by local
match in the amount of $130,212.00
and from Federal funds in the
amount of $65,000.00.
Grant No. 6416 - $35,000.00 for the Vocational
Education Teen Mothers Program to
provide vocational instruction to
twenty students. The Program is
one hundred per cent reimbursed by
Federal funds.
Grant No. 6564 - $3,438,00
funds for
Clinic.
in additional state
the Child Development
Grant No. 6565 - $3,866.00 in additional state
funds for the Bureau of Crippled
Children.
Grant No. 6566 - $2,050.00 in additional state
funds for the Juvenile Detention
Home.
Grant No. 6567 - $11,475.00 for the Special
Education Inservice Program to
provide funds for the training of
special education program staff
members and for assistance to
parents of handicapped students.
The program is one hundred per
cent reimbursed by state funds.
Grant No. 6811 - $13,380.00 for the Artist in
Education Program to provide funds
for the enhancement of the
di strict' s arts program by
bringing experts into the schools
for student workshops. The
Program is funded in the amount of
$3,380.00 from Federal funds and
$10,000.00 from local funds.
Grant No. 6942 - $1,688,458.00 for the Magnet
Schools Program to provide for the
operation of magnet schools for
the performing and visual arts,
future skills technology, and com-
munications and media arts. The
Program is one hundred per cent
reimbursed by Federal funds.
403
ACTION:
Grant No. 6943 - $41,050.00 for the Grants Develop-
ment Program to provide clerical
services for the Office of Grants
and Develo~ent. The Program is
one hundred per cent reimbursed by
Federal funds.
(For full text, see coinmunication on file in the City Clerk's Office.)
The Director of Finance sd~mitted a written report advising that
he has reviewed the appropriation of grant funds for the School Board;
that ten of the twelve grants being appropriated are funded with 100%
Federal or State funding; that the Alternative Education Grant requires
a local match of $130,212.00, and the Artist in Education Grant
requires a local match of $10,000.00; and funding for the local matches
is available in the Instruction category of the Education section of
the General Fund in the following accounts:
Matching Funds (001-060-6001-6400-0588) $130,212.00
Matching Funds (001-060-6001-6201-0588) 5,000.00
Matching Funds (001-060-6001-6301-0588) 5,000.00
$140,212.00
Mr. Schlanger reco~nended that Co~cil concur in the request of
the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29281) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 709.)
Mr. Garland moved the adoption of Ordinance No. 29281. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ...............
GRANTS-CITY JAIL-SHERIFF: A communication from W. Alvin Hudson,
City Sheriff, advising that in 1987, Governor Gerald Baliles initiated
a Literacy Program for inmates incarcerated in the Virginia Department
of Corrections; that the program is intended to reduce recidivism among
inmates by encouraging them to obtain a G.E.D. level of education; that
it is thought by offering early release by parole, inmates would be
encouraged to participate in the program and, in doing so, would
increase their abilities to obtain jobs once released from custody.
The Sheriff explained that in July 1988, limited grant, funds
became available to local jails through the Department of Correctional
Education to initiate and/or augment established educational programs
for inmates at the local level; that the Roanoke City Jail applied for
grant feds to supplement the existing program and to enhance the
jail's ability to better serve all the inmates needs, which is espe-
cially true at the present time since the jail houses many inmates sen-
tenced to the Department of Corrections who must serve felony sentences
in the jail; and many inmates believe that acquiring a G.E.D. will
enhance their chances of being paroled from the jail at an early date.
Sheriff Hudson further explained that the Roanoke City Jail pre-
sently has a G.EoD. Program, which is offered to inmates incarcerated
'therein, that utilizes volunteer tutors recruited thro~h St. Gerards
Catholic Church (Social Action Committee); and although the ix-ogram has
404
ACTION:
ACTION:
had limited success, it does not sufficiently meet the needs of all
inmates to the fullest potential, especially those sentenced to serve
time in the Department of Corrections and are eligible to be paroled
from jai 1.
It was pointed out that on September 1, 1988, the Roanoke City
Jail was selected by the Department of Correctional Education as an
Adult Basic Education (ABE) grant recipient.
The following information was provided:
The grant will fund one or more part-time teachers
for a total of 840 hours between now and May 31,
198g, to instruct inmates and administer G.E.D.
test)rig in the Roanoke City Jail.
The Department of Correctional Education will reim-
burse Roanoke City at the rate of 90% for part-time
teacher wages of $11.43 per hour for 24 hours per
week for 35 weeks to be completed by May 31, 1989.
The Department of Correctional Education will reim-
burse Roanoke City at the rate of 90% for part-time
teacher social security benefits for 840 hours to
be completed by May 31, 1989.
The Department of Correctional Education will reim-
burse Roanoke City at the rate of 90% for $300.00
in approved educational materials.
Roanoke City will provide 10)~ cash match to extend
the Department of Correctional Education grant.
The City's cash match will not exceed $1,200.00.
The total of the grant will be approximately
$12,122.25. The grant will not exceed $10,922.25
from the Department of Correctional Education ~us
a $1,200.00 local match.
The Sheriff recommended that Council authorize the Director of
Finance to establish a revenue estimate, in amount of $10,922.25, in
Department of Correctional Education grant funds and $1,200.00 in local
cash match, to be transferred from the General Fund Contingency Account
No. O01-O02-sg410-219g; and establish required accounts in the Grant
Fund (Personal Services and Operating Expenses) in the amount of
$12,122.25, by appropriating $11,822.25 in Personal Services Account
and $300.00 in Operating Expenses Account.
(For full text, see report on file in the City Clerk's Office.)
The City Manager sU)mitted a written report concurring in the
rec(~mendation of the City Sheriff.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mrs. Bowles and unanimously adopted.
The
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29282) AN ORDINANCE to amend and reordain certain sections of
the 1988-8g General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, Page 713.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29282. The
motion was seconded by Mr. Garland and adopted by the following vote:
ACT[ON:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None ....................................
Oe
Hr. Trout offered the following Resolution:
(#29283) A RESOLUTION authorizing the acceptance of a Jail
Education Grant made to the City of Roanoke by the State Department of
Correctional Education and authorizing the acceptance, execution and
filing of the required grant agreement by the City Manager.
(For full text of Resolution, see Resolution Book No. 50, page 714.)
Mr. Trout moved the adoption of Resolution No. 29283. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- - ......... 7.
NAYS: None--
O®
REPORTS OF OFFICERS:
C[TY MANAGER:
BRIEFINGS:
REFUSE COLLECT[ON: The City Manager submitted a written report
advising that the City of Roanoke is a party to a Roanoke Valley
Regional Solid Waste Management Agreement under which Roanoke City,
Roanoke County and the Town of Vinton established a Board to dispose of
solid waste on properties to be provided by the jurisdictions that are
parties to the agreement; that the current sanitary landfill was per-
mitted by the State in 1975 under a 17 page set of regulations; and the
landfill is operated in compliance with the permit.
It was further advised that proposed new regu!at,.'ons have been
developed and promulgated by the State over a period of months; that
the current draft, Ntmber 5 to date, was received on August 5, 1988,
and is composed of a comprehensive set of regulations of approximately
225 pages; that public hearings are scheduled in Richmond on
September 16, 1988, and in Blacksburg on September 19, 1988; that writ-
ten comments regarding the proposed regulations may be submitted to the
State through September 26, 1988; that the anticipated effective date
is January 1, 1989; that the fact sheet developed by a consultant in
the solid waste management field is attached to the report; that hazar-
dous waste and infectious waste are regulated separately and are not
the subject of these regulations; and sewage sludge that is composted
without addition of other materials or are land applied are regulated
separately by .the Virginia Water Control Board and the Virginia Health
Department.
It was pointed out stated that the following are other exemptions
or excl us[ohs:
Domestic and industrial waste water discharges
which are separately regulated;
Materials that are recycled;
Nuclear or nuclear by-product materials, which are
separately regulated;
Agriculture wastes;
Landfill sites that are closed prior to the effec-
tive date of these regulations; and
Sites that dispose only of rocks, dirt, brick, and
broken road pavement.
4O5
406
It was noted that the wastes that are regulated (non-inclusive),
unless excluded above are as follows:
Household waste;
Commercial waste;
Industrial waste;
Non-recyclable by products of recycle efforts;
Putrescible waste;
Lu~ber or timber
sttmps, tree limbs,
debris; and
[~od ucts, including leaves,
construction or dmnolition
Ti res.
Mr. Herbert advised that the impact on the City of Roanoke, its
citizens, developers, businesses, and industries, either directly or
through the City or the current Landfill Board, are as follows:
No permitted sanitary landfill on the current site
at the end of 5-years, or sooner depending on the
ability to:
Maintain usable space for five years.
Develop an approved groundwater monitoring
plan within 6 months.
Develop an approvable closure plan within 2
years.
Construction/demolition/debris (COD) landfills
c~rently in operation must close. Hew regulations
will require that these landfills have specified
liners and groundwater monitoring plans. This will
add a large but mknown tonnage that will need to
be disposed in an anticipated regional sanitary
landfill, or separately permitted (COl)) landfills
will need to be publicly or privately established
and operated under the proposed regulations.
Vastly increased cost for solid waste disposal, in
the 3 to 5 fold increase range. The cost of
collection will also likely increase with the need
to increase recycling efforts. A1 so, construction
and demolition debris, much of which has been
disposed in virtually unregulated landfills will
now have to be disposed of in controlled landfills.
Ten years of post closure responsibility on the
current l and fil] si te.
[t was pointed out that the following public hearing positions are
intended to be taken relative to the proposed regulations mless there
is other direction from Council:
General support for the regulations and their
intended purpose.
Request that landfills currently operating with and
in compliance of a permit issued from the Conraon-
wealth of Virginia be allowed to continue to
operate ruder these permits as long as usable space
is available on the permitted site mless there is
a positive identifiable danger to health, safety,
or the environment.
ACTION:
ACTION:
407
Request that the double linin9 requirements be
reduced to a single lining of 1 foot of clay with a
clay having a permeability less than 1 x 10 - 5
centimeters per second for controlled construction/
demol iLion/debris landfill s.
Request that construction/demolition/debris land-
fills be permitted to take tires.
Restatement of the prohibitions of landfill sites
on land having "springs, seeps, or other ground-
water intrusion into the site" to a more practical
statement recognizing that all land has some type
of groundwater inherent on the site. A more defi-
nitive designation and designation of site desira-
bility/prohibition needs to be developed.
Reduce the double lining requirement for sanitary
landfills from two feet of 10 - 7 clay to 10 - 6
clay since permeability of 10 - 7 clay is virtually
impossible to obtain.
Permit debris landfills to take not more than 20%
by vol une of wood/Limber products.
The City Manager explained that the report is for Council's infor-
mation and any direction Council may wish to give.
(For full text, see report on file in the City Clerk's Office.)
Following discussion of the matter, Mr. Bowers moved that Council
concur in the report, with the understanding that the City Manager will
encourage the Commonwealth of Virginia to provide funding for the pro-
posed new regulations. The motion was seconded by Mr. Fitzpatrick and
unanimously adopted.
ITEMS RECOMMENDED FOR ACT[ON:
CITY PROPERTY-PURCHASE/SALE OF PROPERTY-ARCHITECTURAL REVIEW
BOARD: The City Manager sd~mitted a written report advising that the
original Real Estate Option Agreement for Campbell Avenue Historic pro-
perties was approved by Council on July 11, 1988, pursuant to Ordinance
No. 29197; and expiration date of the agreement was August 31, 1988.
It was explained that the time extension of the expiration date to
October 12, 1988, has been offered by the property owner at the City's
request; that Council's approval of the time extension is required in
order to execute an amendment to the original agreement; that terms and
conditions of the original Real Estate Option Agreement will remain
unchanged; and the cost to extend the expiration date to October 12,
1988, is $1,500.00 which is the same amount paid previously on a per
month basis.
Mr. Herbert reco~ended that he be authorized to execute an exten-
sion to the original Real Estate Option Agreement which will change the
expiration of the agreement from August 31, 1988, to October 12, 1988,
thus establishing a new 30-day option period of September 12, 1988, to
October 12, 1988; and also authorize payment of $1,500.00 to secure the
new 30-day option period of September 12 - October 12, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29284) AN ORDINANCE amending Ordinance No. 29197, in order to
extend the duration of the Real Estate Option Agreement authorized
thereby; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 714.)
Mrs. Bowles moved the adoption of Ordinance No. 29284. The motion
was seconded by Mr. Garland and adopted by the followin9 vote:
408
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ........... 6.
NAYS: None ...........
(Council Member Bowers abstained from voting.)
GRANTS-LANDMARKS-ARCHITECTURAL REVIEW BOARD: The City Manager
s~mitted a written report advising that the Real Estate Option
Agreement designed to help save the Campbell Avenue historic properties
(118, 120, 122, and 124 West Campbell) from demolit|on was approved by
Council on Ju~e 27, 1988; that the strategy to save the buildings
required that funds be obtained to help an interested party finance a
developnent/renovat|on plan which would preserve the structures; and
grant funds from the State Division of Historic Landmarks (DHL), in the
amount of $200,000.00, were applied for to help with this effort.
It was stated that the grant award of $100,000.00 has been offered
to the City; that the award does not require any matching funds from
the City; and conditions of the award are as follows:
Official Registration- Properties must be formally
added to State Register of Historic Places and
nominated to the National Register of Historic
Places.
Preservation Guarantee - City must prove to
Division of Historic Landmarks that buildings will
be preserved by requiring buyers/developers, who
benefit from the grant funds, to give the Landmarks
Board an easement to prevent future unauthorized
changes or demolition. A preservation guarantee
other than an easement may be acceptable to the
Division of Historic Landmarks if the City presents
evidence that requiring an easement from a
buyer/developer is inappropriate.
Plan Approval - Renovation work must be reviewed
and approved by the Division of Historic Landmarks
to assure compliance with the Secretary of
Interior's Standards for Rehabilitation Projects.
The City Manager recommended that Council concur in the acceptance
of the grant award and that he be authorized to send a letter to the
Division of Historic Landmarks accepting the grant award of $100,000.00
under the conditions offered; that he be authorized to execute any
additional grant agreements that may be required by the Division of
Historic Landmarks with the approval of the City Attorney and the
Director of Finance; and that the Director of Finance be authorized to
appropriate $100,000.00 to certain accounts, and establish a corres-
ponding revenue estimate.
(For f~l text, see report on file in the City Clerk's Office.)
Mr. Garlandoffered the following emergency b~get Ordinance:
{#29285) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 715.)
Mr. Garland moved the adoption of Ordinance No. 29285. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Muss,r, Trout
and Mayor Tayl or ........ 6.
NAYS: None ........ O.
(Council Member Bowers abstained from voting.)
409
m
ACT[ON:
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29286) AN ORDINANCE a~horizing the acceptance of a grant and
the execution of a Grant Agreement and related doc unents with the
Virginia Division of Historic Landmarks for the purpose of assisting in
the preservation of certain historic structures on CamF~ell Avenue; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 715.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29286. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ...... 6.
NAYS: None ............ O.
(Council Member Bowers abstained from voting.)
BUDGET-LAW LIBRARY: The City Manager sU)mitted a written report
advising that the Roanoke Bar Association has requested the City to
amc,id the Code of the City of Roanoke, 19/9, as amended, Section 18-30
to authorize an increase in the filing fee at the Law Library Branch of
the Roanoke City Pd~lic Library; that local legislation is now per-
mitted by the Code of Virginia, 1950, as amended, Section 42.1-70
allowing filing fees for actions filed in the Roanoke City Courts of
record and courts not of record to be increased from the current fee of
$3.00 to $4.00; that income from the filing fee supports the Law
Library's budget; and an increase of $1.00 in the filing fee would pro-
vide an additional $26,988.00 based on the average nunber of cases
filed during the last five years.
Mr. Herbert further advised that the Roanoke City Library
Administration has identified a need for additional equipnent, person-
nel, and books for the Law Library; and the Library Administration
recommends that the additional income of $26,988.00 be used as follows:
Purchase a micro-computer for cataloging library
material s;
Change the status of the part-time temporary
Library Assistant 1I position to a regular full-
time position; and
Purchase books and shelving.
The City Manager recommended that Council increase the fee for the
filing of civil actions in the Roanoke City Courts from $3.00 to 4.00,
effective October 1, 1988; and appropriate the additional $26,988.00 to
the following accounts with a corresponding increase in the revenue
estimate, Account No. 001-020-1234-0819.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the ~llowing emergency budget Ordinance:
(#29287)
the 1988=89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 716.)
Mr. Trout moved the adoption of Ordinance No. 29287. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- 7.
NAYS: None ............ O.
410
ACTION:
Mrs. Bowl es offered the following emergency Ordinance:
(#29288) AN ORDINANCE amending and reordaining s~section (al of
§18-30, Assessment of additional court costs for support, Code of the
City of "Roanoke (1~§~9), as amended, to increase fro~--three dollars
($3.00) to four dollars ($4.00) the assessment of costs for support of
the Law Library incident to civil actions or suits filed in courts in
the City; and providing for an energency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 50, page 717.)
Mrs. Bowl es moved the adoption of Ordinance No. 29288. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ .--7.
NAYS: None ........
-0.
BUDGET-YOUTH: The City Manager sd~mitted a written report
advising that the City of Roanoke received funds from the Virginia
Department of Corrections to establish and administer a Family Oriented
Group Home Program for local children in need of therapeutic residen-
tial placement; that the Family Oriented Group Home is a community-
based private family dwelling contractually affiliated with a local
jurisdiction and the Virginia Department of Corrections to serve
children ages 10-18; that the Group Home provides a treatment environu
merit for a defined period of time (9 months); and the IX"ogram will be
administered through the Crisis Intervention Center (Sanctuary), a
department of the Directorate of Human Resources, under the supervision
of the Crisis Intervention Center Group Home Program Manager, and will
be known as "Sanctuary Family Oriented Group Home Program."
It was further advised that Department of Corrections funds to
establish and administer a Family Oriented Group Home Program were
received by the City of Roanoke as follows:
Block Grant Annual
$20.000.00
Initial Start-Up Fund
(Transferred from the City
of Staunton, 25th District
Family Oriented Group Home
Program, which has closed due
to under utilization.)
$46,070.00
Mr. Herbert pointed out that the Department of Corrections Board
has approved the ongoing Block Grant funding at $20,000.00; that ini-
tial start-up funds will cover future budget deficits, and costs in
this and future years mti! expended; that the Family Oriented Group
Home Program will operate from the Crisis Intervention Center and will
be administered by its current staff; and the Family Oriented Group
Home Program is sd)ject to the standards for Family Oriented Group
Homes promulgated by the Department of Corrections and standard
auditing practices.
The City Manager recommended that he be authorized to accept
$66,070.00 in funds from the State Department of Corrections to
establish and administer a Family Oriented Group Home Program by the
Crisis Intervention Center; and appropriate $20,000.00 to the budget of
the Crisis Intervention Center and $46,070.00 to the Grant Fund for a
Family Oriented Group Home Program in an account to be established by
the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
{#29289) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ord'inance, see Ordinance Book No. 50, page 717.)
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 29289. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None .........
CITY CODE-BUILDINGS: The City Manager submitted a written report
advising that existing regulations under Chapter 7, Section 7-13 and
7-30, Roanoke City Code, adopted by reference the Uniform Statewide
Building Code of Virginia, which is comprised of the BOCA Basic
Building Code/1984, the BOCA Basic P1Lmbin9 Code/1984, the BOCA Basic
Mechanical Code/1984, the One and Two Family Dwelling Code/1983 edition
and 1984 supplement, and the NFPA National Electrical Code 1984; that the
Codes have been in effect in the City of Roanoke since March 1, 1986;
and Section 7-15 of the City Code regulates projections of cornices of
show wi ndows.
The City Manager further advised that the State Board of Housing
and Community Developnent has adopted Vol une I - New Construction Code
1987 Edition, including Model Building, Pl unbing and Mechanical Codes
of the Building Officials and Code Administrators International, Inc.,
and the Electrical Code of the National Fire Prevention Association,
1987 edition, and supplemented by adoption of the One & Two Family
Dwelling Code 1986 edition, with 1987 supplements (published by the
Council of American Building Officials) and Volune II, Building
Maintenance Code, 1987 edition, effective March 1, 1988; that projec-
tion of cornices of show windows, as referred to in Section 7-15, are
considered to be part of a building and, therefore, are addressed under
yard requirements in the Zoning Ordinance.
The City Manager recm~nended that Comcil amend Sections 7-13,
7-30 and 7-32, and repeal Section 7-15, of the Roanoke City Code.
{For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29290) AN ORDINANCE amending and reordaining §§7-13, 7-30 and
7-32, and repealing §7-15 of Cha~er 7, Building Regulations, Code of
the City of Roanoke (1979), as amended, a6d providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 718.)
Mr. Bowers moved the adoption of Ordinance No. 29290. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles,
Musser, Trout and Mayor Taylor .......
NAYS: None ........
Fitzpatrick, Garland,
7.
ARCHITECTURAL REVIEW BOARD-LANDMARKS: The City Manager submitted
a written report advising that Roanoke Vision ioentified the preser-
vation of cultural and historic resources as an important community
value in planning for the future of Roanoke and its neighborhoods; that
preliminary survey of known historic structures in the City was ~der-
taken in conjunction with Roanoke Vision in 1985; and the survey
listed properties on the National Register of Historic Places, those
potentially eligible for the National Register, and those of local
signi ficance.
It was further advised that the City's Zoning Ordinance, compre-
hensively amended in 1987, reflected preservation values and provided
changes in land developnent regulations to promote the preservation of
neighborhood resources; and the changes included the following:
New H-2, Neighborhood Preservation, Hi storic
District was created to encourage compatible new
construction.
411
412
New CN, Neighborhood Con~nercial District was
created to protect neighborhood shopping areas and
maintain their pedestrian and residential character.
New provision for special uses in historic struc-
tures was included which provides for alternative
uses in structures of historic merit by a special
exception pe.qnit and after architectural review.
Residential Planned Unit Developnent (RPUD)
District provides for increased density of housing
units when an existing building is preserved.
It was explained that historic preservation is a continuing com-
munity concern which has been an issue both locally as well as
nationally; that the Com~aonwealth of Virginia is presently studying the
preservation issue; that last year the Governor appointed a con~ni ssi on
to study historic preservation and make recon~endations for change;
that regional resource centers for history and archaeology were iden-
tified as needed as well as changes in state enabling legislation; that
in Roanoke, major preservation issues have involved most recently the
Huntingdon House, the Trinkle Buildings on Campbell Avenue, the
Williams Buildings on Church Avenue, the Keagy House on Lee Highway,
the Boxley House, and the Queen Anne House on Washington Avenue; that
the Planning Commission is considering the inclusion of 16 buildings in
downtown Roanoke for H-1 historic designation; and said buildings are
either already on the National Register of Historic Places or are
potentially eligible for the Register.
It was noted that the request initiated by the City's Architect-
ural Review Board was tabled several months ago to allow further
discussion with property owners and staff study of potential financial
incentives and strategies; that action by the Planning Con~nission on
the request is expected at its October 5, 1988, meeting; and action by
Council will be scheduled for Monday, October 10, 1988.
The City Manager advised that the Planning staff has investigated
successful preservation approaches and strategies utilized by cities
across the country; that the results of the research, s~nmarized in an
attachment to the report, indicate that the most success-ful programs
employ a balanced preservation strategy, which includes regulatory
measures designed to protect historic structures, financial incentives
to encourage property owners to preserve and restore historic
buildings, increased penalties for owners who intentionally neglect or
illegally demolish historic structures, flexible code interpretation
for adaptive reuse projects utilizing historic structures, expedited
plan review for developnent projects involving historic properties,
community education regarding the benefits of historic preservation,
and increased technical assistance to property owners and developers of
historic properties.
It was further advised that the City's existing preservation
approach emphasizes a regulatory approach to historic preservation;
that while the City has received national attention for its success in
revising the comprehensive plan and zoning ordinance to promote preser-
vation, recent events have demonstrated the vulnerability of the City's
historic resources to economic pressures and other forces; and greater
emphasis needs to be placed on non-regulatory approaches to historic
preservation.
The City Manager recommended that he be authorized to proceed with
implementation of the following recommendations, and report progress to
Council at its regular meeting on Monday, September 26, 1988:
Expansion of the City's existing tax abatement
program for qualified properties in designated
historic districts from five years to ten years as
permitted by state code.
413
il
m
m
ACT[ON:
ACTION:
Establishment of a City-sponsored, low-interest
loan program to provide an incentive for private
revital ization efforts in designated hi storic
districts. The program could be administered by
the Roanoke Redevelopnent and Housing Authority.
Encourage the establishment of a privately financed
low-interest loan program similar to programs
operating in over ten over cities and towns )n
Virginia, The loan program could be capitalized by
equal commitments by local financial institutions
and would complement the City's loan program
described above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation. The
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
BUDGET-GRANTS-CLEAN VALLEY COMMITTEE: The City Manager submitted
a written report advising that Council adopted Resolution No. 29068 on
April 25, 1988, designating the Clean Valley Council (CVC) to develop a
coordinated litter control program for the entire Roanoke Valley and
authorizing the Clean Valley Committee to apply for certain grant funds
from the Commonwealth for operation of such program; that the litter
control grant was approved by the Department of Waste Management,
Division of Litter Control and Recycling, on July 25, 1988; and the
City has received grant funds, in the amount of $8,101.00, from the
Department of Waste Management.
The City Manager reco~mnended that Council appropriate $8,101.00 to
an account to be established by the Director of Finance in the Grant
Fund for transfer to the Clean Valley Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29291) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 719.)
Mr. Trout moved the adoption of Ordinance No. 29291. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ...........................
Oe
HOUSING: The City Manager submitted a written report advising
that the Rental Rehabilitation Program has been a cooperative program
between the Department of Housing and Urban Developnent {HUD), the
City, and the Roanoke Redevelopnent and Housing Authority (P, RHA) to
encourage rehabilitation of privately-owned rental property; that the
Program for 1988 is based, in part, on funds made available by the
Virginia Housing Developnent Authority (VHDA) to support funding pro-
vided by HUD; and the loan of $350,000.00 from VHDA to the Housing
Authority for the Program is expected on terms favorable enough to
allow the subsidies made from the $142,000.00 currently allocated to
the City by HUD for the Program to be repaid for future use in rehabi-
litation or community developnent.
It was pointed out that final agreement and loan papers have not
yet been received from VHDA for approval and signature by the Housing
Authority and/or the City; and even though the VHDA Board of Conm~is-
sioners has already approved the loan to the Housing Authority for the
Rental Rehabilitation Program, Virginia law requires VHDA to invite
endorsement or disapproval from the local government where such a
multi-family loan is to be made.
414
ACT ION:
ACT[ON:
The City Manager recommended that Co~cil approve the loan by VHDA
of $350,000.00 to the Housing Authority in support of the 1988 Rental
Rehabilitation Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29292) A RESOLUTION endorsing a loan of tile Virginia Housing
Development Authority in the amount of $350,000.00 to the City of
Roanoke Redevelopnent and Housing Authority in support of the 1988
Rental Rehabilitation Program.
(For full text of Resolution, see Resolution Book No. 50, page 720.)
Mr. Trout moved the adoption of Resolution No. 29292. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None ....................
Oe
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that Council received and publicly opened four bids for
the Williamson Road Storm Drain (Lower Segment) Phase 2, Contract II-A
and West Sanitary Sewer Project on Monday, October 19, 1987 with Aaron
J. Conner General Contractor, Inc., s~bmitting the low base bid of
$1,498,957.35; that Council authorized award of a contract to Aaron J.
Conner General Contractor, Inc., in the above amount on Monday,
November 2, 1987, and established a contingency fund for the project in
the amount of $149,805.74; that Change Order No. 1 was issued on
February 10, 1988, causing a reduction of the contract amount by
$9,183.40, with the new contract amount being $1,488,873.95; and said
change order was due to certain engineering revisions which reduced
pipe and excavation quantities.
It was explained that the project was 67% complete as of July 25,
1988, and a significant over-run of rock excavation in the amount of
$33,705.37 has occurred; that based on current performance with the
2roject at 67% complete, it is now estimated that the over-run for the
rock excavation construction item could close out at $50,000.00, and
Change Order No. 2, in this amount, is necessary; and current status of
funds is as follows:
Original Contract Amount
Change Order No. 1:
Contract ~mount to Date:
Change Order No. 2:
New Contract Amount:
$ 1,498,057.35
( 9,183.40)
1,488,873.95
50,000.00
1,538,873.95
The City Manager recommended that he be authorized to execute
Change Order No. 2, in the amount of $50,000.00, to cover the total
estimated over-run in rock excavation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29293) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with Aaron J. Conner, General
Contractor, Inc., for Williamson Road Storm Drain Phase 2, Contract IIA
(Lower Segment) and Williamson Road West Sanitary Sewer; and providing
for an emergency,
(For full text of Ordinance, see Ordinance Book No. 50, page 720.)
Mr. Garland moved the adoption of Ordinance No. 29293. The motion
was seconded by Mr. Musser and adopted by the following vote:
415
m
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- - ....7.
NAYS: None- - ....O.
SEWERS AND STORM DRAINS: The City Manager submitted a written
report advising that the Environmental Protection Agency (EPA) requires
publicly owned treatment works (POTW) to maintain an industrial
pretreatment program; that industrial pretreatment programs protect
publicly owned treatment works from harmful industrial discharges; that
Roanoke City has an approved pretreatment program; and the contributing
jurisdictions have enacted ordinances to implement their own ix"etreat-
merit programs.
It was explained that the EPA wants a formal agreement with all
jurisdictions to insure that the City oversees and maintains compliance
with pretreatment standards and requirements from the contributing
jurisdictions to include monitoring, enforcement and reporting; that
the NPDES discharge permit was modified as of September 1, 1988, to
incorporate pretreatment as a regulated parameter; and the NPDES permit
section Part (Il (Gl stipulates the requirement for the City to execute
interj uri sdictional pretreatment agreements.
The City Manager stated that the EPA has given the City of Roanoke
twenty days to reply with regard to the City's intent to comply with
the pretreatment regulations; that steps to be taken with regard to
obtaining interjurisdictional agreements are to be submitted within
ninety days; that failure to comply may subject the City to a
$25,000.00 per day penalty; and a letter attached to EPA in order to
give a response within the required twenty day time period.
The City Manager recommended that Council authorize execution of
an agreement with contributing jurisdictions pursuant to the draft
agreement attached to the report, s~ject to refinement by the City
Attorney's Office; and that Council, by Resolution, request the City of
Salem, Town of Vinton, Roanoke Comty and Botetourt County to authorize
execution of an agreement in basic conformity to the draft agreement
referred to above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29294) A RESOLUTION authorizing appropriate pretreatment agree-
ments with contributing jurisdictions and further requesting such
jurisdictions to enter into said agreements.
(For full text of Resolution, see Resolution Book No. 50, page 721.)
Mr. Bowers moved the adoption of Resolution No. 29294. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................... 7.
NAYS: None ..... O.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-BONDS: The Director of Finance submitted a
written report advising that one of the many aspects of a bond issue is
to appoint a paying agent and registrar; that the paying agent acts as
an agent for the municipality in maintaining registration records of
the owners of the bonds, paying interest and principal pa3~nents, noting
that there were 2,000 bonds printed in $5,000.00 denominations.
It was further advised that competitive proposals were requested
by Craigie, Inc., Financial Advisor; that all proposals received were
considered qualified and were ranked in order of preference based upon
information presented, including fees; and the proposal of Sovran Bank
was deemed to be the most competitive proposal.
416
ACTION:
ACTION:
ACTION:
The Director of Finance reco~mnended that Sovran Bank be engaged
to provide the paying agent and registrar services for the P~lic
Improvement Bonds, Series 1988, $10,000,000.00; that fees and charges
of Sovran Bank are set out in a schedule attached to the report; and
further recommended that he be authorized to execute a paying agency/
registrar agreement in a form to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29295) AN ORDINANCE providing for the execution of a Paying
Agency/Registrar Agreement between the City of Roanoke and Sovran Bank,
N.A., as fiscal agent of the City and to designate the principal office
of such Bank as the place of payment relating to the City's payment of
the bonds authorized by Resolution No. 29187, adopted on June 27, 1988,
and of the interest thereon; providing for the periodic destruction of
the aforesaid bonds and certification of the facts of payment and
destruction in the manner and form required by law; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 722.)
Mr. Trout moved the adoption of Ordinance No. 29295. The motion
was seconded by Hr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .... 7.
NAYS: None ........ O.
CITY ATTORNEY:
LEGISLATION-CITY CHARTER: The City Attorney submitted a written
report tran~nitting a proposed City Legislative Program for the 1989
Session of the General Assembly, advising that the program includes all
legislative suggestions made by the Nayor and Council; that the program
is in draft form at the present time, and Council may amend or delete
or add additional provisions to the program.
The City Attorney further advised that after Council has had a
full opportunity for review of the docunent, it is hoped that the
Program can be officially adopted at the Council meeting on Monday,
September 26, 1988, which will allow Council to schedule its annual
meeting with the legislators at an early date.
It was noted that for the first time in several years, the
Legislative Program includes proposed Charter amendments; that for the
most part, the amendments are required to conform the Charter to pro-
visions of State Code or to take advantage of discretionary authority
generally granted to cities, but mavailable to the City under its
Charter; and Charter amendments may be requested of the General
Assembly only after a public hearing which must be advertised ten days
in advance.
The City Attorney requested that Council authorize such adver-
tisement to permit a public hearing to be held on Monday, September 26,
1988, at the time Council considers the Legislative Program for formal
adoption.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be referred to Council acting as a
committee of the whole for appropriate action on Monday, September 26,
1988. The motion was seconded by Mr. Fitzpatrick and unanimously
adopted.
Mr. Trout moved that Council hold a public hearing on Monday,
September 26, 1988, at 2:00 p.m., or as soon thereafter as the matter
may be heard, in the Council Chamber, on proposed City Charter amend-
ments. The motion was seconded by Mr. Musser and unanimously adopted.
417
m
m
ACT ION:
REPORTS OF COMMITTEES:
SPECIAL PERMITS: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Committee, presented a written report on behalf of
the committee, advising that a structure on Lot gA, owned by I~tS Part-
nership was built in the 1940's; that at the time Lots g and 10 were in
the same ownership; that the structure was built with little regard for
lot lines, resulting in encroachment on Lot 10 as well as a 1.20 foot
encroacl~nent into the alley at the rear, 50.05 feet in length; and the
structure on Lot IOA, owned by L. O. Brown, Or., was built at a later
date adjoining the easterly side of the structure on Lot g, resulting
in a ~all encroachment onto Lot 9 on the front of the lot and a 0.20
foot encroachment into the alley at the rear, 87.45 feet in length.
A staff report explained that the garage, owned by L. O. Brown, on
Lot 34, Taylor Map, immediately west of Lot 9, F. Rorer Map, also
encroaches into the alley 0.80 feet at its northwesterly corner
tapering to zero at approximately 10.0 feet to the east of the corner;
and the property owners have requested a permit from the City that
would allow the encroachnents to rmnain for the life of the structures.
The Committee recommended that Council authorize a permit, for the
life of the structures, for encroachment of said structures into the
alley in Block 19, F. Rorer Mapand behind Lot 34, Taylor Map, said per-
mit to include indemnification and public liability insurance provi-
sions protecting the City, with docunentation to be prepared by the
petitioner in a form acceptable to the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29296) AN ORDINANCE granting conditional permits for existing
structures encroaching over and into the right-of-way of an alley in
Block 19, F. Rorer Map, and behind Lot 34, Taylor Map, and located
adjacent to Official Tax Nos. 1112412, 1112413, 1112414, 1112415,
1112416, and 1112417, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 729.)
The motion was seconded by Mr. Bowers and adopted by the follow-
lng vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............................ 7.
NAYS: None ...........................
APPALACHIAN POWER COMPANY-EASEMENTS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Committee, presented a written
report on behalf of the committee, advising that the Rancho Mexico
Business Park, Section 1, was established by plat dated March 12, 1986;
and certain public utility easements were dedicated at that time to the
City.
A staff report explained that APCO wishes to utilize the public
utility easements to extend bmderground electric service to the busi-
ness park; and an indenture, which will permit APCO to use the ease-
ments, is attached to the report.
The Committee recommended that Co~mcil authorize appropriate City
officials to execute an APCO Indenture which will permit APCO to uti-
lize the public utility easements in the Rancho Mexico Business Park,
Section 1, to provide tmderground electric service.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
418
ACTION:
ACTION:
ACT[ON:
(#29297) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 730.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............................ 7.
NAYS: None ..................................................... O.
APPALACHIAN POWER COMPANY-EASEMENTS-SEWERS AND STORM DRAINS:
Council Member Elizabeth T. Bowles, Chairman of the Water Resources
Committee, presented a written report on behalf of the co~nittee,
advising that the City is replacing a blower engine at the Water
Pollution Control (Sewage Treatment Plant) Plant with an electric
motor; and the electric service to the new motor will utilize the old
engine exhaust pipe system, with transformer placed upon the old
exhaust exit facility.
A staff report explained that APCO has electric service fifteen
feet from the new transformer location but it must place the meter pole
adjacent to the transformer; and tranmnitting copy of an indenture sub-
mitted by APCO which will permit the Company to install the meter pole.
The Committee recommended that Council authorize appropriate City
officials to execute an APCO Indenture which will permit APCO to
install a meter pole for the transformer for the new blower motor being
installed at the Sewage Treatment Plant.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29298) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 730.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
fol 1 DWi ng vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................. 7.
NAYS: None-- O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
HEALTH DEPARTMENT-HUMAN RESOURCES: Ordinance No. 29269
authorizing execution of State-Local Hospitalization Plan Agreements
with the State Department of Social Services, certain hospitals and the
City Health Department, to provide for in-patient, ambulatory surgery,
and out-patient care and treatment for certain indigent citizens at
certain rates, having previously been before the Co~cil for its first
reading on Monday, August 22, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#29269) AN ORDINANCE authorizing the City Manager to execute
State-Local Hospitalization Plan Agreements with the State Department
of Social Services and certain hospitals and the City Health Department
to provide for in-patient, ambulatory surgery, and out-patient care and
treatment for certain indigent citizens at certain rates.
(For full text of Ordinance, see Ordinance Book No. 50, page 707.)
Mr. Trout moved the adoption of Ordinance No. 29269. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
419
ACT ION:
ACTION:
AYES: Council Members Bowers, Fitzpatrick, Musser and Trout .... 4.
NAYS: None .....................
(Council Member Bowles abstained from voting inasmuch as she serves on
the Community tlospital of Roanoke Valley Board of Directors.)
(Council Member Garland abstained from voting inasmuch as he is
employed by Community Hospital of Roanoke Valley.)
(Mayor Taylor abstained from voting inasmuch as he serves on the
Roanoke Memorial Hospitals Board of Directors.)
EASEMENTS: Ordinance No. 29271 authorizing execution of a deed of
release releasing the City's interest in a public easement reserved by
the City by Ordinance No. 16584, lying within a vacated and closed por-
tion of Harrison Avenue, N. W., adopted on August 23, 1965, upon cer-
tain terms and conditions, having previously been before the Council
for its first reading on Monday, August 22, 1988, read and adopted on
its first reading and laid over, was again before the body, Mr. Bowers
offering the following for its second reading and final adoption:
(#29271) AN ORDINANCE authorizing execution of a deed of release
releasing the City's interest in a public utility easement reserved by
the City by Ordinance No. 16584, adopted August 23, 1965, upon certain
terms and conditions.
(For f~l text of Ordinance, see Ordinance Book No. 50, page 708.)
Mr. Bowers moved the adoption of Ordinance No. 29271. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .... 7.
NAYS: None .... · .......... O.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Trout offered the follow-
ing Resolution cancelling the meeting of the Council of the City of
Roanoke scheduled for Monday, October 3, 1988, at 2:00 p.m., inasmuch
as a majority of the Members of Council will be in attendance at the
Virginia Municipal League Annual Conference on October 2 - 4, 1988, in
Virginia Beach, Virginia:
(#29299) A RESOLUTION cancelling the meeting of the Council of
the City of Roanoke scheduled for Monday, October 3, 1988, at 2:00 p.m.
(For full text of Resolution, see Resolution Book No. 50, page 722.)
Mr. Trout moved the adoption of Resolution No. 29299. Tile motion
was seconded by Mrs. Bowles and adopted by the roi)owing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................... 7.
NAYS: None ..... O.
NATIONAL LEAGUE OF CITIES-COUNCIL: Mr. Bowers offered the follow-
ing Resolution cancelling the meeting of the Council of the City of
Roanoke scheduled for Monday, December 5, 198B, at 2:00 p.m., inasmuch
as a majority of the Members of Council will be in attendance at the
National League of Cities Annual Conference on December 3 - 7, 19B8, in
Boston, Massachusetts:
(#29300) A RESOLUTION cancelling the meeting of the Council of
the City of Roanoke sched~ed for Monday, December 5, 1988, at
2:00 p.m.
(For full text of Resolution, see Resolution Book No. 50, page 723.)
ACTION: Mr. Bowers moved the adoption of Resolution No. 29300. The motion
was seconded by Mr. Trout and adopted by the following vote:
42O
ACTION:
ACTION:
AYES: Council ,Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ..................................................... Oo
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mrs. Bowles offered the
following Resolution designating Mayor Noel C. Taylor as Voting
Delegate and Vice Mayor Beverly T. Fitzpatrick, Jr., as Alternate
Voting Delegate, for the Annual Business Session of the Virginia
Municipal League and for any meetings of the Urban Section of the
League to be held in Virginia Beach, Virginia, on October 4, 1988:
(#29301) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session of the Virginia
Municipal League and for any meetings of the Urban Section of the
League.
(For full text of Resolution, see Resolution Book No. 50, page 723.)
Mrs. Bowles moved the adoption of Resolution No. 29301. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................... 7.
NAYS: None ...... O.
NATIONAL LEAGUE OF CITIES-COUNCIL: Mr. Trout offered the follow-
ing Resolution designating Mayor Noel C. Taylor as Voting Delegate and
Vice Mayor Beverly T. Fitzpatrick, Jr., as Alternate Voting Delegate
for the Annual Business Session of the Congress of Cities, to be held
in Boston, Massachusetts, on December 3 - 7, 1988:
(#29302) A RESOLUTION designating a Voting Delegate and Alteraate
Voting Delegate for the Annual Business Session of the Congress of
Cities.
(For full text of Resolution, see Resolution Book No. 50, page 724.)
Mr. Trout moved the adoption of Resolution No. 29302. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None ..........................
Oe
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
CITY INFORMATION SYSTEMS: Council Member Musser inquired of the
City Manager as to the extent of utilization of personal computers by
City staff; and if the City's Information Systems area is divorced from
the main frame of computer operations.
OTHER HEARINGS OF CITIZENS:
WATER DEPARTMENT-FLOOD CONTROL: Mr. William Tanger, representing
Friends of the Roanoke River, 1302 Second Street, S. W., appeared
before Council and advised that Friends of the Roanoke River understand
that there may be certain misconceptions about the Vinton water supply
and system, and his intent was to clarify the situation. Ne referred
to a letter and charts from the Town Manager of the Town of Vinton
indicating all of the elements and facts that could be found concerning
the well system in Vinton, including the date they were drilled, the
yield, costs, reserve, etc.
Mr. Tanger noted that currently, the Town of Vinton has a 4 MGD,
costing one million dollars for the yield, which includes wells, con-
nections, electrical work, punp houses, etc. He noted that the last
two wells were drilled in 1986. He stated that the City of Roanoke is
considering a yield from Spring Hollow of 21/2 MGD, for a cost of $12
million; and called attention to the fact that the difference in price
is approximately 1200%.
421
ACTION:
ACT[ON:
ACTION:
SEWERS AND STORM DRAINS-COMPLAINTS: Mr. Michael B. Smith, 4708
Edgelawn Avenue, N. W., appeared before Council and presented a peti-
tion signed by fifteen persons with regard to installation of a store
drainage system on Edgelawn Avenue to eliminate excessive water run-
off.
(See petition on file in the City Clerk's Office.)
Mr. Bowers moved that the matter be referred to the City Manager
for investigation and report to Council. The motion was seconded by
Mr. Fitzpatrick and unanimously adopted.
At 9:30 p.m., the Mayor declared the meetin9 in recess.
At 11:15 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance.
CITY ATTORNEY-DIRECTOR OF FINANCE-MUNICIPAL AUDITOR-CITY CLERK:
The Mayor advised that the two year terms of Mr. Wilburn C. Dibling,
Jr., as City Attorney; Mr. Joel M. Schlanger as Director of Finance; Mr.
William L. Brogan as Municipal Auditor; and Ms. Mary F. Parker as City
Clerk, will expire on September 30, 1988, and called for nominations to
fill the vacancies.
Mr. Musser placed in nomination the names of Mr. Wilburn C.
Oiblin9, Jr., as City Attorney; Mr. Joel M. Schlanger as Director of
Finance; Mr. William L. Brogan as Municipal Auditor; and Ms. Mary Fo
Parker as City Clerk.
There being no further nominations, Mr. Dibling as City Attorney;
Mr. Schlanger as Director of Finance; Mr. Brogan as Municipal Auditor;
and Ms. Parker as City Clerk were reappointed Lo their respective posi-
tions for temns of two years each, ending September 30, 1990, by the
followin9 vote:
FOR MR. D[BL[NG, MR. SCHLANGER, MR. BROGAN AND MS. PARKER:
Council Members Bowers, Bowles, Fitzpatrick, Garland, Musser, Trout and
Mayor Tayl or ................... 7.
At 11:20 p.m., the Mayor declared the meeting in recess.
At 11:30 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance.
The Mayor advised that according Lo the rules of Comci], the
meeting must be adjourned at 11:00 p.m., or Council must vote for an
extension of time.
Mr. Bowers moved that the meeting time be extended indefinitely or
for as long as Co~cil deems necessary. The motion was seconded by Mr.
Trout and lost, Council Member Bowles voting no.
The Mayor advised that in order to extend the meeting time, the
motion must be carried by a ~qanimous vote of the Co~cil; whereupon,
he called upon the City Attorney for a ruling.
The City Attorney referred to Section 2-15, Rules of Procedure,
Rule 1, of the Code of the City of Roanoke (1979), as amended, in which
it is stated that each Comcil meeting held on the second Monday shall
commence at 7:30 p.m., and shall be automatically adjourned at
11:00 p.m., unless a motion setting a new time for adjournment be made,
seconded and unanimously carried.
The Mayor raised the question as to whether or not Comcil was in
a position to conduct business; whereupon, the City Attorney pointed
out that City Code provision provides that the meeting is automatically
adj o urn ed.
Mr. Bowers raised a point of order, advising that Council went
beyond the 11:00 p.m., deadline, and is therefore grandfathered in.
422
Mr. Bowers moved that the meeting time be extended l~or an addi-
tional period ol~ 90 minutes.
The Mayor advised that he would not entertain the motion inasmuch
as tile City Attorney previously stated that the meeting is auto~lati-
cally adjourned and no business ,nay be conducted.
The Mayor then declared the meeting adjourned at 11:35 p.m.
APPROVED
ATTEST: ~
City C1 erk
yor I
423
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 26, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, September 26, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E. Musser, James O. Trout, David A. Bowers and Mayor Noel C.
Tayl or ..................................... 6.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John D. Boddic,
Pastor, Our Lady of Nazareth Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for Williamson Road Storm Drain, Phase 2, Contract I[C, Upper
Segment, and Williamson Road West Sanitary Sewer, said bids to be
received by the City Clerk until 1:30 p.m., on Monday, September 26,
1988, and to be held, opened and read before the Council at 2:00 p.m.,
on that date, or as soon thereafter as the matter may be heard, the
Mayor asked if anyone had any questions about the advertisement for
bids, and no representative present raising any question, the Mayor
instructed the City Clerk to proceed with the opening of the bids;
whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Aaron J. Conner General Contractor,
[nc.
R. S. Jones & Associates, Inc.
Ramey, Inc.
F. L. Showalter, Inc.
$1,406,977.35
1,464,12g.00
1,491,255.00
1,639,745.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recon~endation to
Council. The motion was seconded by Mr. TrotKc and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, Kit B. Kiser and
William F. Clark as members of the committee.
m
PUBLIC HEARINGS:
CITY CHARTER-LEGISLATION: Pursuant to motion of Council on
Monday, September 12, 1988, the City Clerk having advertised a public
hearing for Monday, September 26, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, to determine if the citizens of
the City of Roanoke desire Council to request the General Assembly of
Virginia to make certain amendments to the Roanoke Charter of 1952, as
amended, which amendments are informatively sunmarized as follows, the
matter was before the body.
424
"1 o
®
Amend and reenact subsection (5) of Section 2,
Powers of the City, to authorize the City to
acquire property by lease, lease purchase and
bequest.
Amend and reenact Section 6, Compensation of
the Mayor, Vice-MaNor and of' CouncJl~6~,,' to'
Provide that the salaries of the Mayor,
Vice-Mayor and Council members shall be
established pursuant to general law.
Amend and reenact Section 40, Contracts for
ubA_~__)lic improvements; purchases, to provide:
contracts for mnore than ten thousand
dollars shall be awarded pursuant to com-
petition, after public advertisement, as may
be prescribed by general law.'
Amend and reenact Section 41, _hnprovement by
direct labor; emergenc~ work, to authorize the
City Manager to make an emergency "purchase"
without previously advertising or receiving
bids therefor.
Repeal Section 61, General disqualifications,
such section having been superseded by the
State and Local Government Con fl ict o f
Interests Act.
6. Amend and reenact subsection (23) of Section
62, Zon__~, to confom the penal ties for
zoning viol ations to those permitted by
Section 15.1-491 (el, Code of Virginia
(1950), as amended, (a fine of not less than
$10.00 nor more than $1,000.00)."
Legal advertisement of the public hearing was pU)lished in the
morning and evening editions of the Roanoke Times & World-News on
Friday, September 16, 1988.
(See p~blisher's affidavit on file in the City Clerk's Office.)
The City Attorney submitted a written report advising that he
transmitted to Council a proposed Legislative Program for the 1989
Session of the General Assembly; that the report was referred to
Council acting as a Committee of the Whole for appropriate action on
September 26, 1988; and at the same time Council established a public
hearing for September 26, 1988, with respect to proposed City Charter
amendments.
The City Attorney further advised that the required public hearing
has been properly advertised and the Legislative Program is now before
Council for action; and reconm~ended tile following:
Adoption of a resolution endorsing the Legislative
Program.
Adoption of a resolution requesting the General
Assembly to amend the City Charter as set out in
the resolution.
Establishment of a date to present Council's 1989
Legislative Program to the City's representatives
to the 1989 Session of the General Assembly.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. Trout offered the following Resolution:
(#29303) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the
1989 Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 50, page 731.)
Mr. Trout moved the adoption of Resolution No. 29303. The motion
was seconded by Mr. Fitzpatrick.
No person wishing to address Council with regard to proposed City
Charter amendments, Resolution No. 29303 was adopted by the following
vote:
AYES: Council Members Fitzpatrick,
Bowers and Mayor Taylor ........
NAYS: None .................
(Council Member Bowles was absent.)
Garland, Musser, Trout,
Mr. Trout offered the following Resolution:
(#29304) A RESOLUTION requesting the 1989 Session of the General
Assembly of Virginia to enact certain amendments to the Roanoke Charter
of 1952, as amended.
(For full text of Resolution, see Resolution Book No. 50, page 732.)
Mr. Trout moved the adoption of Resol ution No. 29304. The motion
was seconded by Mr. Fitzpatrick and adopted by the followi.~g vote:
AYES: Council Members Fitzpatrick, Garland, Musser,
Bowers and Mayor Taylor ........
NAYS: None ........
(Council Member Bowles was absent.)
Tro ut,
Mr. Trout moved that the Mayor be requested to establish a meeting
with the City's representatives to the General Assembly for the purpose
of discussing the City's proposed 1989 Legislative Program. The motion
was seconded by Mr. Fitzpatrick and adopted.
425
ACT[ON:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to a
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, coffrnissions and committees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office,)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
426
ACT[ON:
ACTION:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor .............................................. 6.
NAYS: None .................
(Council Member Bowles was absent.)
PLANNING-GRANTS: A report of the City Manager advising that the
City of Roanoke received its annual entitlement from the United States
Department of Housing and Urban Development (HUD) in the fora of a
Community Development Block Grant (CDBG); that Council approved the
fiscal year 1988-89 budget for the CDBG Program and Statement of
Community Development Objectives on June 13, 1988, pursuant to Resolu-
tion No. 29149; and the City's receipt of a grant award from the
Virginia Department of Housing and Community Developnent under the
Emergency Home Repair Grant Program, which requires matching funds,
prompts this request to amend the fiscal year 1988-89 CDBG program and
budget, was before Council.
It was explained that CDBG funds as a source of match for this
9rant is contemplated, however, was not initially budgeted for Lhis
purpose; that newly proposed activities, provision of preservation
incentives and provision of matching funds for the 9rant award, require
amendment of the current CDBG program and budget; that citizen par-
ticipation requirements call for an evenin9 public hearing by Co~cil
to amend the CDBG program and budget; and presentation of the amended
fiscal year 1988-89 CDBG program and budget will be proposed to Co~cil
on Monday, October 10, 1988.
The City Manager recommended that CoLncil authorize a public
hearing to be held on Monday, October 10, 1988, to receive public com-
ments on proposed amendments to the 1988-89 Community Development Block
Grant Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council hold a public hearing on the matter
on Monday, October 10, 1988, at 7:30 p.m., or as soon thereafter as the
matter may be heard, in the Council Chamber. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ........ 6.
NAYS: None ........
(Council Member Bowles was absent..)
PLANNING-GRANTS: The City Manager submitted a written report
advising that recent amendments to the Housing and Community Develop-
ment Act of 1974 require the City to amend its current Citizen Partici-
pation Plan; that the City's Citizen Participation Plan outlines the
procedure for receiving comments from the public in the developnent and
implementation of the City of Roanoke's annual Community Developnent
Block Grant (CDBG) Program; and presentation of the amended Citizen
Participation Plan will be proposed Lo Council on Monday, October 10,
1988.
The City Manager recommended that Council authorize a public
hearing to be held on Monday, October 10, 1988, to receive public com-
ments on proposed amendments to the Citizen Participation Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council hold a public hearing on the matter
on Monday, October 10, 1988, at 7:30 p.m., or as soon thereafter as the
matter may be heard, in the Council Chamber. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ........ 6.
NAYS: None---
(Council Member Bowles was absent.)
427
m
ACT[ON:
TRAFFIC-COMPLAINTS: The City Manager s~mitted a written report
advisin§ that Mr. William L. Proffitt, 3545 Greenland Avenue, N. W.,
appeared before Council on Monday, March 4, 1985, concerning the con-
dition of the paving on his street; that uti)ity excavation has been
re-patched in the street; that in an effort to improve upon the pave-
ment conditions, an additional overlay was provided in an area approxi-
mately sixteen feet wide by thirty feet long adjacent to the curb )n
front of Mr. Proffitt's property, which was completed on March 29,
1985; and a recent appearance by Mr. Proffitt before Council occurred
on July 11, 1988, in which he expressed concern over the alleged affect
on his residence resulting from heavy trucks travelling on Greenland
Avenue, N. W.
It was explained that on July 12, 1988, representatives of Valley
Metro visited with Mr. and Mrs. Proff~tt at their residence on Green-
land Avenue, during which time two Val)ey Metro buses were observed
passing the location but no vibrations in the residence were notice-
able; that on August 2, 1988, the City's Chief Building Inspector
visited the Proffitt residence, and in his opinion, the cracks in the
house are from what is known as "con~on settlement" of the structure,
and during his inspection, several vehicles passed along Greenland
Avenue, however, no vibration was noticeable; and on August 3, 1988, a
twelve hour classification count was done on traffic in the 3500 block
of Greenland Avenue, and between 7:00 a.m., and 7:00 p.m., only one
heavy vehicle was observed.
It was advised that during August 1988, representatives of the
City's Street Maintenance Department inspected the condition of
Greenland Avenue on several occasions and no noticeable problems were
found to exist; that there are no current traffic problc~ns on Greenland
Avenue, N. W., resulting from heavy vehicles travelling on the resi-
dential street; and commercial vehicles using this street do not appear
unusually nunerous and include the typical service vehicles to the
surrounding neighborhood.
The City Manager recommended that Council receive and file his
report, advising that City staff wi]] continue to monitor any unusual
traffic conditions on Greenland Avenue as is done throughout the City
as the need requires.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor- .6.
NAYS: None-- O.
(Couqcil Member Bowles was absent.)
GENERAL DISTRICT COURT: A report of the City Manager transmitting
a~) outline of the proposed Vol unteer Fine Option Wor~, Progrcm intended
to permit the General District Court an alternative of vol unteer public
service work for those offenders who cannot pay fines and court costs,
was before Council.
It was explained that the General District Court of the City of
Roanoke has requested the City's assistance in establishing the subject
program because the Court is unable to collect fines and costs owed by
a significant number of individuals who have been convicted of
violating local and state laws; and the City of Roanoke would benefit
from the supply of vol untary labor to perform unskilled labor, such as
vehicle cleaning, litter pick-up, alley clean-up and snow shoveling,
etc.
It was pointed out that the City Code (Sections I - 17 through
1 - 20) authorizes the City Manager to establish a work program for
persons who are unable to pay fines and court costs; that there would
be no additional cost to operate the program; and the City Manager
intends to administratively implement the program in cooperation with
the General District Court of the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
428
ACT[ON:
ACT[ON:
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr, Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor .............................................. 6.
NAYS: None ..................................................... O.
(Comcil Member Bowles was absent.)
SPEC[AL PERMITS-SUBDIVISIONS: A report of the City Manager
advising that on July 25, 1986, Mr. Jimmie Goodykoontz, 4125 Belle Aire
Circle, S. W., recorded a subdivision plat subdividing and conveying a
small portion of his property to an abutting property owner; that in
the course of the plat being reviewed by the City (as required by
ordinance), it was noted that the p~lic right-of-way width of Belle
Aire Circle, S. W., adjacent to Mr. Goodykoontz's property was only 45
feet in width; and the standard required right-of-way width for a resi-
dential street is fifty feet, was before Council.
[t was explained that the Agent to the City Planning Co.n~ission
for land SL~division, in keeping with a long e_~ablished practice and
procedure, requested of the submitting surveyor that a five foot strip
of Mr. Goodykoontz's property be dedicated for public street purposes;
that the plat bearing the statement that the subdivision of the subject
properly was being made with the free will and consent of the properly
owners was resubmitted by the surveyor showing clearly the dedication
of the requested five fool strip of land; and the plat was signed by
Mr. and Mrs. Goodykoontz and duly notarized.
[t was further explained that in May, 1988, Mr. Goodykoontz con-
tacted the City with the complaint that he never intended to dedicate
or donate any of his land to the City and he wanted the land returned
to him; that it has never been the City's intention or practice to take
or accept a dedication of private property if the dedication is not
given with the freewill and consent of the property owner; and the
current complaint, however belated, and the personal feelings and opi-
nion of Mr. Goodykoontz as a properly owner and taxpayer, must however,
be taken into consideration in this matter.
The City Manager advised that the possibility exists that Mr.
Goodykoontz may not have fully understood at the time, in 1986, that he
was in fact dedicating the subject strip of land to the City; that in
consideration of that possibility and the City's desire to promote and
maintain a §oodwill relationship of mutual trust and mderstanding with
all of ils property owners and citizens, he would respectfully request
authorization to petition the City of Roanoke to vacate this small por-
tion of the Goodykoontz subdivision plat in order Lo reinvest title to
the subject five foot strip of land to Mr. Goodykoontz, advising that
the vacation w~11 in no way affect the current traffic needs on Belle
Aire Circle, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Garland and adopted by the
fol 1 owi ng vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ..................... 6.
NAYS: None ..............
(Council Member Bowles was absent.)
YOUTH-ANNUAL REPORTS: A communication from Ms. Carol B. Marchal,
Chairman, Youth Services Citizen Board, transmitting the 1987-88 Annual
Report/Annual Plan of the Youth Services Citizen Board, was before
Co unc i 1.
(For full text, see com~nun~cation and Annual Report/Annual Plan on file
in the City Clerk's Office.)
ACTION:
Mr. Trout moved that tile Annual Report be received and filed. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ......................... 6.
NAYS: None-- --0.
(Council Member Bowles was absent.)
429
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $8,467.00 for the Teenage
Mothers Program, to provide funds for operation of a joint program with
the Roanoke City Health Department and the Roanoke City Schools,
advising that the program will be reimbursed by the Roanoke City Health
Department, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance recommending that Council con-
cur in the request of the School Board, was also before tile body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29305) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 734.)
Mr. Garland moved the adoption of Ordinance No. 29305. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ......... 6.
NAYS: None ...... O.
(Council Member Bowles ~.las absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ARCHTECTURAL REVIEW BOARD-HISTORIC PRESERVATION: The City Manager
s~mitted a written report advising that the City Planning staff has
investigated successful preservation approaches and strategies used by
cities across the country; that staff research indicates that the most
successful programs employ a balanced preservation strategy; that the
City's existing preservation approach emphasizes a regulatory approach
to historic preservation; and recent events in Roanoke, including the
demolition of the Queen Anne House on Washington Avenue and the Keagy
House on Lee Highway and the threatened demolition of the Huntingdon
House and the Trinkle Buildings, have demonstrated the vulnerability of
the City's historic resources to economic pressures and other outside
forces.
It was explained that the City Manager recommended alternative
program activities, outlined in a sunmary attached to the report, which
would complement the City's existing preservation efforts and provide a
430
more proactive approach to preserving the City's historic resources;
and Council at its September 12, 1988, meeting authorized the City
Manager to proceed with implementation of the recommended preservation
incentives and to report progress to Council on September 26, 1988.
The City Manager advised that City staff has made the following
progress with respect Lo the indicated major preservation progra,n acti-
vities:
"1,
Expansion of the City's existing tax abatement
progra:l for qualified residential, commercial,
and industrial properties in all designated
H-1 and H-2, historic districts, from five
years to ten years as pe.~nitted by State Code
to be effective January 1, 1989.
Recommended Council Action: Authorize the
City Attorney to prepare the appropriate ordi-
nance to extend the tax abatement program from
5 to 10 years, effective January 1, 1989, for
consideration at Council's October 10, 1988,
meeting.
Establishment of a City-sponsored, low-
interest loan program to provide an incentive
for private revitalization efforts in
designated historic districts. Program details
are being finalized.
Recmnmended Council Action: City Council is
requested to authorize the scheduling of
public hearings on October 10, 1988, to con-
sider amendment of the City's existing
contract with the Roanoke Redevelopnent and
Housing Authority to allow for the Authority's
administration of the loan program and amend-
ment of the Community Developnent Block Grant
(CDBG) Program's Statement of Objectives and
Budget to permit funding of this preservation
activity.
Encourage the establishment of a privately-
financed, low-interest loan program. Discus-
sions have been initiated with the Roanoke
Valley Preservation Foundation regarding its
involvement in such a program. Participation
of local financial institutions in this
program is critical.
Reco~mnended Council Action:
time.
None at this
Expansion of the H-l, Historic District, and
H-2, Neighborhood Preservation District, where
appropriate to protect existing or potentially
eligible National Register properties. The
City Planning Coffrnission has scheduled a
public hearing on October 5, 1988, to consider
the inclusion of 17 structures in the downtown
area for H-1 historic designation.
Amendments to the State Code which increases
the penalty for illegally razing or demo-
lishing historic structures and help prevent
major deterioration or demolition of historic
structures.
Recofmnended Council Action: None at this
time. However, the City's proposed 1989
Legislative Program includes reconm~ended
amendments to Section 15.1-503.2 of the State
historic structure in violation of local
historic district regulations.
ACTION:
Increase the City's capability to provide
technical assistance to owners or developers
of historic properties in such areas as
financing, design assistance, regulatory
requirenents, etc., by contracting with pri-
vate firms or non-profit organizations.
Program details are being finalized.
Recommended Council Action: City Council is
requested to authorize the scheduling of a
public hearing on October 10, 1988, to con-
sider amending the CDBG Program's Statement of
Objectives and Budget to provide for the
funding of this preservation activity.
Support the efforts of the Roanoke Valley
Preservation Foundation and the Roanoke Valley
History Musetm to increase community preser-
vation education programs,
Recommended Council Action: None, however,
for City Council's infonnation, City staff
has worked with representatives of the
Roanoke Valley History Musetm and the Roanoke
Valley Preservation Foundation to sponsor a
heritage education workshop scheduled for
November 19, 1988. The day-long workshop is
part of an ongoing effort to create a viable
heritage education progrmn in the area school
systems."
The City Manager recommended that Council concur in the above
requested actions.
(For full text, see report n file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29306) AN ORDINANCE amending §32-97, Amount of exemption, of
Division 5, Exemption of Certain Rehabilitated Property, of Chapter 32,
Taxation, Code of the City of Roanoke (1979), as amended, in order to
~expand the City's tax abatement program for certain qualified proper-
ties in designated historic districts; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 50, page 743.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Comcil Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ..................................... 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
SPECIAL PERMITS-DOWNTOWN ROANOKE, INC.: The City Manager sub-
mitted a written report advising that Downtown Roanoke, lnc., owns the
holiday decorations erected annually on City streets during the holiday
season; and the Vietnam Veterans' organization assists in the annual
installation of the decorations.
It was explained that downtown business interests recently ini-
tiated an effort to upgrade the holiday lighting decorations along City
streets; that the effort is being coordinated through Downtown Roanoke,
Inc.; and Carpenter Decorating of Hickory, North Carolina has developed
a holiday decoration program for streets in the downtown area of the
City.
431
432
ACTION:
ACTION:
It was further explained that the City of Roanoke is requested to
support the new holiday decorations by contributing one dollar toward
the purchase price for each four dollars contributed by private sour-
ces; and the City will be expected to assist with erecting the decora-
tions and provide a suitable location for storage, and Downtown
Roanoke, Inc., will own and insure the decorations.
The City Manager reco:mnended that Council approve a contribution
to Downtown Roanoke, lnc., of one dollar for every four dollars of pri-
vate donations up to a maximun of $25,000.00 total City contribution,
for new holiday decorations along the streets in the downtown area and
authorize pennit for Downtown Roanoke, Inc., with appropriate insurance
and indemnification for the City; and appropriate $25,000.00 from the
General Fund contingency into an account to be established by the
Director of Finance for this purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(~29307)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 735.)
Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc.,
appeared before Council and presented sketches of the proposed decora-
tions.
Mr. Musser moved the adoption of Ordinance No. 29307. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Mayor
Tayl or ......... _ 5.
NAYS: None ..........
(Council ,Member Bowles was absent.)
from voting.)
(Vice-Mayor Fitzpatrick abstained
Mr. Bowers offered the following Resolution:
(.~29308) A RESOLUTION authorizing a revocable per,nit to Downtown
Roanoke, [nc., for the maintenance of its holiday decorations over and
above City rights-of-way and upon certain City light standards and
other City facilities in the downtown area of the City, from
November 14, 1988, through January 13, 1989, upon certain temns and
conditions.
(For full text of Resolution, see Resolution Book No. 50, page 735.)
Mr. Bowers moved the adoption of Resolution No. 29308. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Mayor
Tayl or ....... . ...... 5.
NAYS: None .........
(Council Member Bowles was absent.)
from voti ng .)
0
(Vice-Mayor Fitzpatrick abstained
BUDGET-PUBLIC ASSISTANCE: The City Manager sd~mitted a written
report advising that the State Department of Social Services, has,
since adoption of the fiscal year 1988-8g budget, allocated supple-
mental funds to the local Social Services Department in the amount of
$63,836.00 requiring $6,402.00 in local matching funds; and supplemen-
tal funding is allocated on the following basis:
433
ACTION:
$36,452.00 will be go per cent reimbursed by the
State with 10 per cent being local funds.
$13,784.00 will be 80 per cent reimbursed by the
State with 20 per cent being local funds.
$13,600.00 will be 100 per cent reimbursed by the
state.
it was further advised that supplemental funding is allocated for
the purchase of the following services:
$36,452.00 Day Care for Children
$13,784.00 Prevention of Foster Care
$13,600.00
Independent Living for Foster
Chi 1 d ren
It was pointed out that Council is requested to transfer available
local funds to match the supplemental funds allotted by the State
Department of Social Services.
The City Manager recommended that Council accept supplemental
allocation to the Department of Social Services for purchase of ser-
vices, and authorize the following:
Transfer $6,402.00 from the General Fund Contin-
gency, Account No. 001-002-9410-2199, to Department
of Social Services Accounts:
$2,/5/.00 Account No. 001-054-5314-3160
Purchased Services
$3,645.00 Account No. 001-054-5316-3160
Purchased Services
Increase revenue estimate of funds received from
the State Department of Social Services and corre-
sponding increase in expenditure accounts by
$57,434.00, as follows:
$24,627.00, Revenue Account No. 001-020-1234-
0683 and corresponding increase in Expenditure
Account No. 001-054-5314-3160.
$32,807.00, Revenue Account No. 001-020-1234-
0681 and corresponding increase in Expenditure
Account No. 001-054-5316-3160.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29309)
the 1988-89
emergency,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 50, page 736.)
Mr. Bowers moved the adoption of Ordinance No. 29309. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick,
Bowers and Mayor Taylor .....................
Garland, Musser, Trout,
'6o
NAYS: None ............................ O.
(Council Member Bowles was absent.)
434
ACTION:
WATER DEPARTMENT: The City Manager submitted a written report
advising that the need for an additional supply of water was recognized
as early as 1959 when a report recommending developnent of Back Creek
as a supply source was announced by the City of Roanoke; that a
Regional Water Supply Con~nittee was appointed by the four valley
governments in 1981 to identify a regional solution to what was pro-
jected to be a valleywide need for water by the year 2040, with a
regional approach resulting in an overall stronger valley water system;
that the committee report reco~m~ended that, among alternatives
available, a source of future water supply near the Roanoke River 'in
the western part of the County should be identified and developed; and
Council endorsed the co~mmittee's report pursuant to Resolution No.
26713 adopted on October 3, 1983.
[t was pointed out that a technical investigation was commissioned
by Roanoke County Lo determine the feasibility of constructing a raw
water impoundment facility at the site which has become known as
"Spring Hollow"; that the technical report, which was prepared for the
County by Hayes, Seay, Mattern & Mattern, was reviewed with City staff
and with the Water Resources Committee on July 28, 1986; that the
City's participation in the Spring Hollow Project, as outlined in the
Water Resources Committee report to Council under date of August 11,
1986, was based on certain information; and Council endorsed the recom-
mendation of the Water Resources Co~nittee by adoptin9 Resolution No.
28293 on August 11, 1986, with the intent to participate subject Lo
final negotiation and approval by Council of the terms and conditions
of the proposed multi-jurisdictional agreement.
[t was advised that the permit needed by Roanoke County as sponsor
of the project was delayed due to project opposition by various
environmental groups; that safe yield finally approved for the project
is 17-18 MGD which eliminates the possibility of expanding the struc-
ture at a future date; and multi-jurisdictional participation, which
was a strong focus of the original (1983) negotiations, has dwindled:
The Town of Vinton has identified and developed a
groundwater source of supply to meet future needs.
City of Salem's participation in the project as
well as their commitment to treat the City's share
of the raw water is not yet confirmed.
The City Manager recommended that Council respectfully decline to
participate in the Spring Hollow Raw Water Reservoir Developnent at
this Lime, advising that his recommendation is based upon the lack of
information in the following categories:
Multi-jurisdictional participation
Terms and conditions of a formal agremnent which
has the approval of the City Attorney
Treatment and Distribution of the City's share of
the raw water.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29310) A RESOLUTION respectfully declining the invitation of
the Roanoke County Board of Supervisors for the City of Roanoke to par-
ticipate in the Spring Hollow Reservoir Project.
(For full text of Resolution, see Resolution Book No. 50, page 737.)
Mr. Trout moved the adoption of Resolution No. 29310. The motion
was seconded by Mr. Musser and adopted by the following vote:
435
m
,_!1
ACT[ON:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ................................. 6.
NAYS: None .......................................
(Council Member Bowles was absent.)
CITY PROPERTY: The City Manager submitted a written report
advising that the Environmental Protection Agency Long Term Research
Program is being conducted of products of incomplete combustion; and
goals of the study are:
Identification of principal airborne carcinogens.
Detemnination of which emission sources are the
major contributors of carcinogens to ambient air.
Improvement of the estimate of comparative hunan
health risk from specific air pollution emission
sources.
It was explained that the E.P.A. is preparing to do the second )n
its series of investigations, this one of Residential Oil Combustion,
and has chosen Roanoke as the test site; and Council authorized City
staff to enter into negotiations with the E.P.A. concerning the terms
and conditions of a lease of certain City properties, pursuant to
Resolution No. 29065 adopted on April 18, 1988.
The City Manager pointed out that City staff has prepared a Lease
Agreement for the contract with P.E.[. Associates, Inc., the E.P.A.'s
contractor for the study, which involves the use of six ~nall portions
of City properties:
Three Primary Sites:
Carvins Cove Recreation Area
Civic Center
Morningside Park
Three Auxiliary Sites:
Bowman Park
Raleigh Court Library
*Old Transportation Museun (Wasena Park)
*Including the use of the old Museu~ Building
as a laboratory and storage area.
The City Manager recommended that Council authorize appropriate
City officials to execute a lease agremnent with P.E.I. Associates,
Inc., for use of six mall portions of City properties as monitoring
stations for the E.P.A. sponsored Integrated Air Quality Study.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29311) AN ORDINANCE authorizing and providing for the lease of
certain City property in connection with an Environmental Protection
Agency (EPA) integrated air quality study, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 744,)
The motion was seconded by Mr. Trout and adopted by the following
v ore:
436
ACT[ON:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ...................................... 6.
NAYS: None ..................................................... O.
(Council Member Bowles was absent.)
BRIDGES: The City Manager submitted a written report with regard
Lo the 1988 Bridge Inspection Program, advising that the 1978 Surface
Transportation Act enacted by Congress requires that all bridges,
including "off Federal Air System" structures, must be included in the
bi-annual inspection program; that the City of Roanoke has 64 struc-
tures requiring Supplementary Bridge Inspection Reports this year; that
41 structures, 40 bridges and one tunnel are inspected annually while
23 structures are inspected bi-annually; and the City of Roanoke plans
to inspect three municipal parking structures for structural integrity.
It was further advised that Engineering Services Qualification
Proposals for the necessary technical inspections and reports were
publicly advertised and received from Mattern & Craig and Hayes, Seay,
Mattern & Mattern, Inc.; and negotiations were conducted with the
engineering finn felt Lo be most qualified, Hayes, Seay, Mattern &
Mattern, [nc,, for necessary technical inspections and reports.
The City Manager recommended that Council award an engineering
services reimbursement with a cost ceiling contract, in a form approved
by the City Attorney to Hayes, Seay, Mattern & Mattern, Inc., in an
amount not to exceed $32,030.00. It was pointed out that funding is
available for the contract from the Engineering Department's "Fees for
Professional Services" Account No. 001-052-4310-2010, the Airport
Commission's "Fees for Professional Services, Account No. 004-056-4401-
2010, and the Parking Garage's "Fees for Professional Services",
Account No. 001-056-8140-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29312) AN ORDINANCE authorizing the City Manager to enter into
a contract with Hayes, Seay, Mattern & Mattern, to provide bridge
inspection services; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 738.)
Mr. Garland moved the adoption of Ordinance No. 29312. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor--- 6.
NAYS: None ..... O.
(Council Member Bowles was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report concurring in a report of a Bid Committee with reference to
bids for Williamson Road Gateway Park, grading, irrigation, and
landsca~ng.
The Bid Committee recommended that Council accept the following
base bids:
Grading from Russell Short, Inc., in the amount of
$15,500.00 with construction time of 30 consecutive
calendar days.
Irrigation from Sunburst Irrigation, Inc., in the
amount of $4,850.00 with construction time of ten
consecutive calendar days.
437
I
il
ACT I ON:
ACTION:
ACTIOn:
ACTION:
Landscaping froln Laurel Creek Nursery, Ltd., in the
amount of $8,210.00 with construction time of 30
consecutive calendar days.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following energency Ordinance:
(#29313) AN ORDINANCE accepting the bid of Russell Short, Inc.,
for grading in connection with developnent of Williamson Road Gateway
Park, upon certain terms and conditions, and awarding a contract there-
for; authorizing the proper City officials to execute the requisite
contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 738.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29313·
motion was seconded hy Mr. Trout and adopted by the following vote:
AYES: Council Members
Bowers and Mayor Taylor.
NAYS: None ....
The
Fitzpatrick, Garland, Musser, Trout,
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29314) AN ORDINANCE accepting the bid of Sunburst Irrigation,
Inc., made to the City for installing an irrigation system for William-
son Road Gateway Park; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 739.)
Mr. Bowers moved the adoption of Ordinance No. 29314. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ..... - ........6.
NAYS: None- . ......... O.
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29315) AN ORDINANCE accepting the bid Laurel Creek Nursery,
Ltd., made to the City for landscaping in Williamson Road Gateway Park;
rejecting all other bids made to the City; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 740.)
Mr. Bowers moved the adoption of Ordinance No. 29315. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor- 6.
NAYS: None-
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance sd~mitted the financial
report for the City of Roanoke for the month of August, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed, lhe motion
was seconded by Mr. Bowers and adopted.
438
ACT[ON:
ACTION:
CITY ATTORNEY:
CONSOLIDATION-MISCELLANEOUS: The City Attorney sd)mitred a writ-
ten report advising that he has been requested to prepare a Council
report addressing the legal procedures to be followed in effecting a
consolidation of local governments and the time frame involved in
bringing about consolidation; and he has also been requested to address
the legality of a recent meeting between the Roanoke County Board of
Supervisors and the Town Council of Vinton; whereupon, he presented a
written report addressing the abovestated matters.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
REPORTS OF COMMITTEES:
CARVINS COVE: Council Member Robert A. Garland, Chairman of a
committee appointed by the Mayor to tabulate bids received for replace-
ment of the concession stand and a new fishing pier at Carvins Cove,
presented a written report on behalf of the committee recommending the
fol! owing:
Award a lump sun contract to Campbell Construction
and Develo~ent Company, [nc., in the amount of
$92,665.00, and 90 consecutive calendar days to
complete the abovestated project.
Approve the appropriation of $25,000.00 from the
Water Fund Retained Earnings Account to the
Carvins Cove Security/Concession Building, Account
No. 002-056-8344-9003, for a combined project
amount of $100,000.00 to be encumbered as follows:
Contract Amount
Project Contingency
$ 92,665.00
7,335.00
Total Project Amount
$100,000.00
Reject all other bids received.
The City Manager s~bmitted a written report concurring in the
recommendation of the committtee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29316) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 740.)
Mr. Garland moved the adoption of Ordinance No. 29316. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Mayor
Tayl or ..................... 5.
NAYS: None ................
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
Mr. Garland offered the following emergency Ordinance:
439
m
ACTION:
ACTION:
(#29317) AN ORDINANCE accepting the bid of Caml~e11 Construction
and Developnent Company, Inc., for construction of a new Concession
Stand and Pier at Carvins Cove in Botetourt County, upon certain terms
and conditions, and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 741.)
Mr. Garland moved the adoption of Ordinance No. 29317. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES:
Tayl or-
Council Members Garland, Musser, Trout, Bowers and Mayor
NAYS: None-
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
BUDGET-SEWERS AND STORM DRAINS: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for Mud Lick Creek Sanitary Sewer, Phase II, presented a
written report on behalf of the co~nittee recommending the following:
Authorize the establishment of project funding of
$523,800.00 {$498,797.00 contract amount and
$25,003.00 contingency) by:
Appropriating $523,800.00 from the Sewer
Fund's Previous Year's Retained Earnings
Account to a project account entitled Mud Lick
Creek Sanitary Sewer Replacement - Phase II as
established by the Director of Finance.
Award a Unit Price Contract to Prillaman & Pace,
Inc., in the amount of $498,797.00, in a form
acceptable to the City Attorney.
Rejecting all other bids received.
The City Manager s~bmitted a written report concurring in the
recommendation of the bid committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29318) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage Fund Appropriations, and providing for .an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 742.)
Mr. Garland moved the adoption of Ordinance No. 29318. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES:
Tayl or--
Council Members Garland, Musser, Trout, Bowers and Mayor
NAYS: None--
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
Mr. Garland offered the following emergency Ordinance:
440
ACTION:
ACTION:
ACTION:
(~29319) AN ORDINANCE accepting the bid of Prillaman & Pace,
[nc., for construction of the Nudlick Creek Sanitary Sewer facility -
Phase II, upon certain tenns and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an ~nergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 742.)
Mr. Garland moved the adoption of Ordinance No. 29319. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES:
Tayl or---
Council Members Garland, Musser, Trout, Bowers and Mayor
NAYS: None ..........................
Oe
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29276 rezoning a tract of land consisting
of 0.53 acre, more or less, lying on the east side of Plantation Road,
N. E., identified as Official Tax Nos. 3121014 -3121018, respectively,
from HM, Heavy Manufacturing District, to LM, Light Manufacturing
District, having previously been before the Council for ils first
reading on Monday, September 12, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Bowers offering
the following for its second reading and final adoption:
(#29276) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 724.)
Mr. Bowers moved the adoption of Ordinance No. 29276. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers and Mayor
Tayl or .......................................... 5.
NAYS: None ................................
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
ZONING: Ordinance No. 29277 rezoning a tract of land containing
2.306 acres, more or less, located at the southwest corner of the
intersection U. S. Route 460 East (Orange Avenue) and Mecca Street,
N.E., designated as Official Tax No. 7070114, from LM, Light
Manufacturing District, to C-2, General Con~nercial District, having
previously been before the Council for 'its first reading on Monday,
September 12, 1988, read and adopted on its first reading and laid
over, was again before the body, Mr. Bowers offering the following for
its second reading and final adoption:
(#29277) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 707, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 50, page 725.)
Mr. Bowers moved the adoption of Ordinance No. 29277. The motion
was seconded by Mr. Trout and adopted by the following vote:
441
m
ACT I ON:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers and Mayor
Tayl or ................ - .... 5.
NAYS: None--- O.
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
STREETS AND ALLEYS: Ordinance No. 29278 permanently vacating,
discontinuing and closing an alley 15 feet in width extending in an
east/west direction from Sixteenth Street, N. W., for a distance of 404
feet, having previously been before the Council for its first reading
on Monday, September 12, 1988, read and adopted on its first reading
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#29278) AN ORDINANCE pemanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 726.)
Mr. Trout moved the adoption of Ordinance No. 29278. The motion
was seconded by Mr. BoweFs and adopted by the following vote:
AYES:
Tayl or ....
Council Members Garland, Musser, Trout, Bowers and Mayor
-5.
NAYS: None- . ........O.
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick was out of
the Council Chamber.)
STREETS AND ALLEYS: Ordinance No. 29279 vacating certain portions
of Linwood Land Company and Deanwood Terrace, pursuant to Section
15,1-482 (bi of the Code of Virginia (1950), as amended, having pre-
viously been before the Council for its first reading on Monday,
September 12, 1988, read and adopted on its first reading and laid
over, was again before the body, Mr. Trout offering the following for
its second reading and ~nal adoption:
(#29279) AN ORDINANCE vacating portions of certain subdivision
plats and permanently, vacating, discontinuing and closing certain
public right-of-way in the City of Roanoke, Virginia, as are more par-
ticularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 50, page 727.)
Mr. Trout moved the adoption of Ordinance No. 29279. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ........ 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
SPECIAL PERMITS: Ordinance No. 29296 granting conditional permits
to WMS Partnership and L. O. Brown, Jr., et ux., for existing struc-
tures encroaching over and into the right-of-way of an alley in Block
19, F. Rorer Map, and behind Lot 34, Taylor Map, and located adjacent
to Official Tax Nos. 1112412 - 1112417, respectively, having previously
been before the Comcil for its first reading on Monday, September 12,
1988, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#29296) AN ORDINANCE granting conditional permits for existing
structures encroaching over and into the right-of-way of an alley in
Block 19, F. Rorer Map, and behind Lot 34, Taylor Map, and located
adjacent to Official Tax Nos. 1112412, 1112413, 1112414, 1112415,
1112416, and 1112417, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 729.)
442
ACT ION:
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29296. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor .............................................. 6.
NAYS: None ......................................
O®
(Council Member Bowles was absent.)
APPALACHIAN POWER COMPANY-EASEMENTS: Ord i nance No. 29297
authorizing execution of an indenture between the City and Appalachian
Power Company, for the purpose of tran~nitting electric power through a
p~lic utility easement owned by the City situate in "Rancho Mexico
Business Park", Section 1, on Lot A1 adjacent to U. S. Route 460,
having previously been before the Council for its first reading on
Monday, September 12, 1988, read and adopted on 'its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#29297) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company.
(For full text of Ordinance, see Ordinance Book No. 50, page 730.)
Mr. Trout moved the adoption of Ordinance No. 29297. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ........... 6.
NAYS: None ................
(Council Member Bowles was absent.)
SEWERS AND STORM DRAINS-APPALACHIAN POWER COMPANY-EASEMENTS:
Ordinance No. 29298 authorizing execution of an indenture between the
City and Appalachian Power Company, for the purpose of transmitting
electric power through property owned by the City situate at the 14ater
Pollution Control Plant adjacent to the transfomer, having previously
been before the Council for ils first reading on Monday, September 12,
1988, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#29298) AN ORDINANCE authorizing execution of an indenture bet-
ween the City and Appalachian Power Company,
(For full text of Ordinance, see Ordinance Book No. 50, page
Mr. Trout moved the adoption of Ordinance No. 29298. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ............ 6.
NAYS: None-- .0.
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
LEGISLATION: A communication from Council Member David A. Bowers
advising that as Election Day approaches, it occurred to him that there
may be some radical changes for cities in America with the election of
a new President, whether the presidency is held after January 20, 1989,
by Michael Dukakis or George Bush, and he believes that there might be
some new initiatives in areas of urban developnent, transportation,
housing and other issues important to cities such as Roanoke, was
before Council.
443
Iii
m
ACTION:
ACTION:
ACT[OH:
ACTION:
Accordingly, Mr. Bowers said it might be very important to have a
liaison selected by the City to represent Roanoke directly in
Washington; that the City might need to hire a professional lobbyist
who can discover the new funding sources which might be available to
Roanoke, and then assist the City in lining up its requests for those
funds, advising that there may be some cost incurred by hiring the pro-
fessional in the Washington D. C,, area, hut he or she could ultimately
find millions of dollars for the City, and thus save taxpayers millions
of dollars.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the matter be referred to the City Manager
and the City Attorney for stay, re K orr and recommendation to Co uncl on
Monday, October 3, 1988. The motion was seconded by Mr. Trout and
adopted.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: Mr. William Jones, 2904 Bradley Street, N. E.,
addressed Council with regard to complaints concerning gasoline runes
emanating from a house next door to his residence, indecent exposure,
and drinking in p~blic.
Mr. Bowers moved that the matter be referred to the City Manager
for investigation and report to Council, and to the City Attorney to
investigate legal aspects of the concerns expressed by Mr, Jones, The
motion was seconded by Mr. Trout and adopted.
At 4:20 p.m., the Mayor declared the meeting in recess.
At 4:30 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CIVIC CENTER: The Mayor advised that the three year terms of Mrs.
Margaret R. Baker and Messrs. James W. Burks, Jr. and Horace S.
Fitzpatrick as members of the Roanoke Civic Center Co~ni ssi on will
expire on September 30, 1988, and called for nominations to fill the
vacancies.
Mr. Garland placed in nomination the names of Messrs. James W.
Burks, Jr., and Horace S. Fitzpatrick.
There being no further nominations, Messrs. Burks and Fitzpatrick
were reelected as members of the Roanoke Civic Center Commission for
terms of three years each, ending September 30, 1991, by the following
vote:
FOR MESSRS. BURKS AND FITZPATRICK: Council Members Fitzpatrick,
Garland, Musser, Trout, Bowers and Mayor Taylor ...................... 6.
(Council Member Bowles was absent,)
BUILDING DEPARTMENT: The Mayor advised that the ~ve year tem of
Mr, Lynn D. Avis as a member of the Board of Adjustments and Appeals,
Building Code, will ex,re on September 30, 1988, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Lynn D. Avis.
There being no further nominations, Mr. Avis was reelected as a
member of the Board of Adjustments and Appeals, Building Code, for a
term of five years, ending September' 30, lg93, by the following vote:
FOR MR. AVIS: Council Members Fitzpatrick, Garland, Musser, Trout,
Bowers and Mayor Taylor ..... 6,
(Council Member Bowles was absent.)
444
YOUTH SERVICES CITIZEN BOARD: The Mayor called attention to
vacancies on the Youth Services Citizen Board created by the resigna-
tions of Ms. Velma B. Seif, Messrs. Larry G. Martin and Harry P.
Surratt, Jr., and called for nominations to fi]! the vacancies,
Mr. Fitzpatrick placed in nomination the name of Ms. Anita L.
Hammer st rom.
Mr. Garland placed in nomination the names of Mrs. Elsie A.
Anderson and Mr. Charles A. Karr.
There being no further nominations, Ms. Hammerstrom was elected as
a member of the Youth Services Citizen Board to fill the mexpired term
of tls. Velma B. Seif, resigned, ending May 31, 1990; and Ms. Anderson
and tlr. Kart were elected as members of the Youth Services Citizen
Board for terms ending May 31, 1991, by the roi]owing vote:
ACT[ON: FOR MS. HAMHERSTROM, MS. ANDERSON AND MR. KARR: Comcil Members
Fitzpatrick, Garland, Musser, Trout, Bowers and Mayor Taylor ......... 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared th-', meeting
adjourned at 4:35 p.m.
ATTEST:
City Clerk
APPROVED
445
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
October 10, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 10, 1988, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor .................................. 7.
ABSENT: None ..........................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ken Gorveatee,
Pastor, Parkway Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
Mayor Taylor welcomed Boy Scout Pack #2 from Raleigh Court Presby-
terian Church.
CITY ATTORNEY-ACTS OF ACKNOWLEDGEMENT: Mr. Bowers offered the
following Resolution recognizing and commending the meritorious service
rendered to the City by William M. Nackworth, Assistant City Attorney:
(#29320) A RESOLUTION recognizing and conxnending the meritorious
service rendered to the City by William M. Hackworth, Assistant City
Attorney.
(For full text of Resolution, see Resolution Book No. 50, page 744.)
Mr. Bowers moved the adoption of Resolution No. 29320. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .............................. 7.
NAYS: None ......... O.
The Mayor presented a framed copy of the above Resolution and a
"Key to the City" to Mr. Hackworth.
On behalf of the City of Roanoke, Mayor Taylor expressed appre-
ciation for the calibre of work performed by Mr. Hackworth, and com-
mended him upon his new position as Attorney for York County, Virginia.
CIVIC CENTER-STATE OF THE CITY ADDRESSES: Mr. John W. Lambert,
Jr., Chairman of the Roanoke Civic Center Comission, appeared before
Council and advised that in the Mayor's 1988 State of the City Address,
he requested that the Roanoke Civic Center Con~nission appoint a sports
events committee which would consist of a group of individuals who
would volunteer their time and expertise to attempt to bring about more
sporting events in the City of Roanoke, primarily focusing on the
Coliseum, but at the same time not limiting activities to the Coliseum,
and also including the new soccer fields and Victory Stadium. He
reported that the Civic Center Con~nission has appointed the conmittee,
and membership consists of the following persons:
446 '
ACTION:
Robert T. Smith, Jr.
Del vis O. McCadden
Glen C. Combs
Daniel E. Wooldridge
Robert G. Burleson, Chairman
Mr. Burleson appeared before Council and advised that it was a
privilege for him and the other members of the con~nittee to serve the
City in this capacity; that the committee looks forward to bringing
top flight sporting events to the City and hopes to make announcements
in that regard within the next month. He said the committee will work
diligently to bring quality events, not only to the Civic Center, but
also the new soccer fields and sports complex in South Roanoke Park and
Victory Stadium.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Joseph D.
Logan, III, Attorney, representing W.M.S. Partnership and L. O. Brown,
Jr., that a 1.2 foot wide portion of an alley located between Sixth and
Seventh Streets, S. W., constituting the southerly portion of the alley
abutting the lots designated as Official Tax Nos. 1112412 - 1112418,
respectively, be permanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, aqd Friday, September 30, 1958.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reco.q~nending that Council
approve the request, subject to the following conditions, was before
the body.
That the applicant agree to amend the current
application to provide for the closure of a 1.2
feet portion of the alley instead of 2.0 feet.
That the applicant agree to define the alignment of
this 1.2 feet strip upon the plat of subdivision
recently submitted by the applicants for the sub-
division of the property for the City's review and
approval prior to the plat's recordation.
That the ordinance effecting the closure of the
subject portion of the alley be contingent upon the
recording of this plat.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29321) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 1.)
The motion was seconded by Mr. Bowers.
Mr. Joseph D. Logan, Attorney, appeared before Council in support
of the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 29321 was adopted on its first reading by the following
vote:
m
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None ................
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. John D.
Copenhaver, Attorney, representing Mr. and Mrs. Theodore R. Kingsley
and Ms. Selena S. Pedersen, that a portion of West Drive, S. W., more
particularly described as one narrow parcel on the westerly side of
West Drive, containing 368.6 square feet, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Friday, Sept6mber 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission recon~aending approval of
the request, subject to the following conditions, was before Council.
That the applicant agree to remove that portion of
the carport that is currently encroaching upon the
public right-of-way of West Drive, S. W., prior to
the recordation of the plat prepared by T. P.
Parker and Son, dated June 17, 1988, dedicating the
land thereof for public right-of-way purposes.
That the ordinance effecting the closure be made
contingent upon the recordation of the plat pre-
pared by T. P. Parker and Son dated June 17, 1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29322) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
and is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 2.)
The motion was seconded by Mrs. Bowles.
Mr. John D. Copenhaver, Attorney, appeared before Council in sup-
port of the request of his client.
No person wishing to address Council with regard to the matter,
Ordinance No. 29322 was adopted on its first reading by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None ............ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. H. J.
Cloeter, President, Spokesman, representing The Hub Pattern Corpora-
tion, that a twelve foot wide alley running parallel to and between
Salem Avenue, and Westport Avenue, S. W., and extending from 21st
Street, to Boulevard, S. W., be permanently vacated, discontinued and
closed, the matter was before the body.
447
448
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Friday~ ~p~embe6 30,
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, subject to the following conditions, was also
before the body.
That the applicant agree to have prepared and
submitted to the City for review and approval, a
plat of subdivision showing the vacation and proper
subdivision of the vacated alley.
That the ordinance effecting the subject vacation
be made contingent upon the said plat of sub-
division being recorded.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29323) AN ORDINANCE vacating a portion of a certain subdivision
plat and permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as is more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 3.)
The motion was seconded by Mr. Fitzpatrick.
Mr. H. J. Cloeter, President, The Hub Pattern Corporation,
appeared before Council in support of the request.
No person wishing to address Council with regard to the matter,
Ordinance No. 29323 was adopted on its first reading by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None ...................................
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Donald L.
Cass, that a portion of an alley extending between Kirk Avenue and
Church Avenue, S. W., abutting upon Official Tax Nos. 1011601, 1011604,
1011602 and 1011615, more specifically described as approximately
twelve feet in width and extending in a southerly direction from Kirk
Avenue, S. W., for a distance of approximately fifty feet, be per-
manently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Friday, SePtember 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council
approve the request, advising that the requested closure is viewed by
the Planning Commission as a special situation where an exception to
the City's usual policy against creating portions of "dead end" alleys
should be made, was before Council.
The Planning Commission further recommended that the section of
alley remaining open extending from the area of the alley portion
requested for closure to the northeasterly corner of the intersecting
east/west alley be limited by the City to pedestrian and necessary ser-
vice use only, if possible, subject to the following conditions:
m
ACTION:
"That the applicant agree to provide the City with
proper verification that title to the subject alley
portion can be established by the abutting property
owners, if and when the closure is effected, the
verification to be provided prior to the subject
application's submittal to City Council for final
action.
That the applicant agree to provide to the City a
proper subdivision plat for review and approval,
showing the proper division of the alley portion
and noting clearly thereon the aforementioned
easement from Paragon Investments to Donald L. Cass
and David Kunca as the owner of the property at 312
2nd Street, S. W., and its place of recording.
That official closure of the alley be made contin-
gent upon the recordation of a properly approved
subdivision plat and the provision that if such a
plat is not recorded within a period of 12 months
from the date of City Council's adoption of the
ordinance providing for the subject closure, said
ordinance thereafter shall be void".
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29324) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
and is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 4.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Webster Day, Attorney, appeared before Council in support of
the request of his client.
No person wishing to address Council with regard to the request,
Ordinance No. 29324 was adopted on its first reading by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............... 7.
NAYS: None ..................
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Mr. B. Lee
Henderson, Jr., representing the Exxon Corporation, that a parcel of
land containing 1.923 acres, in the aggregate, more or less, located at
719 Orange Avenue, and 815 Orange Avenue, N. E., bearing Official Tax
Nos. 3030404 and 3030403, respectively, be rezoned from HM, Heavy
Manufacturing District, to C-2, General Con~nercial District, the matter
was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
August 26, 1988, and Friday, September 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nlssion advising that the purpose
of the rezonlng is to conform with the existing use of the property
(leasing of cars and equipment for Bramblett and the retail sale of
petroleum and other products for Exxon); that existing commercial uses
were permitted in the HM zone under the previous zoning ordinance; and
existing uses became non-conforming under the new zoning ordinance
which became effective in May, 1987, was before Council.
449
450
ACTION:
ACTION:
The Planning Commission recommended approval of the requested
rezontng, advising that the C-2 zoning would be consistent with
existing uses of the properties and with the zoning pattern in the
area.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(~29325) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 6.)
The motion was seconded by Mr. Garland.
Mr. B. Lee Henderson, Jr., Spokesman, appeared before Council in
support of the request.
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29325 was adopted on its first reading by
the following vote;
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................ 7.
NAYS: None .... O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Ms. Maryellen F.
Goodlatte, Attorney, representing Towne Square Joint Venture, that cer-
tain parcels of Towne Square (Map Book 1, Page 689), lying on the north
side of Hershberger Road, N. W., be rezoned from LM, Light Manufactur-
ing District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Fridayj September 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to amend the zoning map to reflect the current and
proposed commercial use of the property; and an amended petition to
rezone was filed on August 31, 1988, was before Council.
The Planning Commission recommended that Council approve the
rezoning request, advising that C-2 zoning would be consistent with the
existing commercial development on the subject properties and the
existing zoning pattern along Hershberger Road.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29326) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 664, 665, and 666, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 7.)
The motion was seconded by Mr. Fitzpatrick.
Ms. Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
ACTION:
ACTION:
No person wishing to address Council with regard to the request
for rezoning, Ordinance No. 29326 was adopted on its first reading by
the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor- 7.
NAYS: None ......................... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. W. Robert
Herbert, City Manager, representing the City of Roanoke, to vacate a
portion of a recorded subdivision, Parcel 2, Roanoke Centre for
Industry and Technology (Map Book 1, Page 711), pursuant to Section
15.1-482 (b) of the Code of Virginia (1950), as amended, and authorized
by Ordinance No. 29048, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Friday, September 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission reco~ending that Council
approve the request to vacate the subject portions of the subdivision
plat, as requested, pursuant to Section 15.1-482 (b), of the Code of
the State of Virginia (1950), as amended, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29327) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 8.)
The motion was seconded by Mr. Fitzpatrick.
No person wishing to address Council with regard to the request to
vacate portions of the subdivision plat, Ordinance No. 29327 was
adopted on its first reading by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor° .7.
NAYS: None ..................................................... O.
PLANNING-GRANTS: Pursuant to motion by Council on Monday,
September 26, 1988, the City Clerk having advertised a public hearing
for Monday, October 10, 1988, at 7:30 p.m~, or as soon thereafter as
the matter may be heard, with regard to proposed amendments to the
Fiscal Year 1988-89 Con~nunity Development Block Grant Budget and State-
ment of Objectives to the United States Department of Housing and Urban
Development, the matter was before the body.
Legal advertisement of the proposed amendments was published in
the Roanoke Times & World-News on Friday, September 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager requested that the public hearing be continued
until the regular meeting of Council on Monday, November 14, 1988, at
7:30 p.m., at which time the administration would be prepared to make a
recommendation to Council.
The Mayor asked if there were persons present who would like to
address Council with regard to the matter.
451
452
No person wishing to be heard, Mr. Bowers moved that the public
hearing be continued until the regular meeting of Council on Monday
November 14, 1988, at 7:30 p.m., or as soon thereafter as tile matter
may be heard, and requested that tire City Clerk notify members of the
Roanoke Neighborhood Partnership and the Gainsboro PAC of the con-
tinuation of the public hearing. The motion was seconded by Mr.
Fitzpatrick and unanimously adopted.
PLANNING-GRANTS: Pursuant to motion of Council at its meeting on
Monday, September 26, 1988, the City Clerk having advertised a public
hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, with regard to proposed amend-
ments to the Community Development Block Grant Citizen Participation
Plan, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning edition of the Roanoke Times & World-News on Friday,
September 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Citizen Participation Plan is a required part of the Community Develop-
ment Block Grant (CDBG) program which outlines the procedure for
receiving comments from the public in the development and implementa-
tion of the City of Roanoke's annual CDBG program; that entitlement
communities, such as the City of Roanoke, must have a written Citizen
Participation Plan according to statutory requirements to receive CDBG
funds; and the provision for citizen involvement is one of the factors
considered by HUD in its annual grantee performance review.
It was further advised that recent amendments to the Housing and
Community Development Act of 1974 require the City to amend its current
CDBG Citizen Participation Plan; that the City has been practicing the
required measures for a number of years, but they were not written into
the City's Plan; and the City's Plan, after revision, will continue to
require the following:
Evening public hearings will be the primary method
of receiving citizen conments for CDBG applica-
tions, amendments performance and required plans
(such as citizen participation plan).
Notification of date, time and location will be
published in both local newspapers of general cir-
culation at least 10 days prior to the hearing.
Citizen comments, suggestions and complaints may be
mailed to the City and a written response can be
expected within 15 working days.
Technical assistance to all Roanoke citizens
regarding CDBG issues will be available upon
request.
Citizens will have full access to all CDBG docu-
ments during normal working hours.
It was pointed out that the proposed Plan revisions will add pro-
cedures not formally addressed in the current Plan, including:
Translators for the hearing impaired or non-English
speaking citizens will be provided when persons
with such needs are expected to participate in
public hearings.
At least one of the public hearings will be held at
a site within a low and moderate income neigh-
borhood.
Public hearing sites will be accessible to the han-
dicapped.
453
m
li
ACTION:
Technical assistance, related to the CDBG program,
will be provided to all citizens of Roanoke through
the Roanoke Neighborhood Partnership as well as by
specific City staff members as requested.
CDBG applications and amendments will be available
at all branches of the City Library as well as at
previously indicated City and Housing Authority
offices.
It was further pointed out that no significant procedures which
enhance citizen involvement have been deleted; and the text has been
condensed and reorganized in some instances, however, to better reflect
current practices and wording suggested by HUD regulations.
The City Manager recommended that Council approve the amended
Citizen Participation Plan as proposed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29328) A RESOLUTION amending the City's Con~unity Development
Block Grant Citizen Participation Plan in order to comply with federal
requirements.
(For full text of Resolution, see Resolution Book No. 50, page 745.)
Mr. Trout moved the adoption of Resolution No. 29328. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- 7.
NAYS: None-- O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, October 10, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Robert
Akerson, Jr., that a tract of land located on the northerly side of
Staunton Avenue, N. W., designated as Official Tax No. 2430837, be
rezoned from RS-3, Single Family Residential District, to RM-1,
Residential Multi-Family District, subject to certain proffered con-
ditions, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 30, 1988, and Friday, October 7, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning is to permit renovation and reuse of an existing 1,860
sq. ft. single family structure into a duplex, was before Council.
The Planning Commission recommended denial of the requested
rezoning, advising that although RM-1 zoning exists to the south of the
property along Staunton Avenue, no duplex structures are located in the
immediate area; that properties which are properly zoned for potential
duplex development exist but are presently undeveloped; and, by denying
the rezoning, the single family character of the existing neighborhood
will be preserved while possibly encouraging development in the
existing RM-1 zone.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
454
ACTION:
(#29329) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 9.)
The motion was seconded by Mr. Garland.
Question was raised with regard to the reason behind the recommen-
dation of the City Planning Con~nisston to deny the request; whereupon,
Mr. Michael M. Waldvogel, Chairman, advised that the immediate area
surrounding the property in question is single family; that vacant land
zoned for multi-family duplex is located across the street on Staunton
Avenue which is in the immediate area; and the Planning Commission was
of the opinion that the rezoning of a single family home to multi-
family was inappropriate.
Mr. Robert Akerson, petitioner, appeared before Council and
advised that he conferred with each of the residents in the area and no
person objected to the proposed rezoning. He said affected residents
are of the opinion that the dwelling is an eyesore to the community and
any improvements would be appropriate. He presented a petition signed
by nine persons in favor of the rezoning.
(See petition on file in the City Clerk's Office.)
Following discussion of the matter, the Mayor advised that Mr.
Akerson is a Trustee of the High Street Baptist Church where he
pastors, and inquired if he should abstain from voting on that basis;
whereupon, the City Attorney stated that he was not aware of a conflict
of interest.
No other persons wishing to address Council with regard to the
request for rezoning, Ordinance No. 29329 was adopted on its first
reading by the following vote:
AYES: Council Members Bowles, Garland, Musser, Trout, Bowers and
Mayor Taylor .......................................... §.
NAYS: Vice-Mayor Fitzpatrick
LANDMARKS-ZONING-ARCHITECTURAL REVIEW BOARD: Pursuant to Resolu-
tion No. 25523 adopted by the Council on Monday, April 6, 1981, the
City Clerk having advertised a public hearing for Monday, October 10,
1988, at 7:30 p.m., or as soon thereafter as the matter may be heard,
on the request of Mr. W. L. Whitwell, Chairman, representing the
Roanoke City Architectural Review Board, that certain tracts of land
located at 101 South Jefferson Street; 202-208 South Jefferson Street;
446 South Jefferson Street; 127, 129, 133 and 143 Norfolk Avenue,
S.W.; 617 South Jefferson Street; 21 Franklin Road, S. W.; 210
Campbell Avenue, S. W.; 118-128 Campbell Avenue, S. W.; and 102
Campbell Avenue, S. W., be designated as H-l, Historic District, the
matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
September 23, 1988, and Friday, September ~0~ 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the
historic preservation in downtown Roanoke and in the City's neigh-
borhoods has been a successful revitalization tool; that property
values have increased and community awareness, appreciation and
interests have been stimulated; that Roanoke Vision recognized the
value of historic preservation, especially in downtown and in the
City's inner neighborhoods; that it was recommended that more
historical/cultural sites be inventoried and regulations enacted to
preserve landmarks; and Design '79 and Design '85 also recognized
the importance of historic buildings in downtown and encouraged their
protection and rehabilitation, was before Council.
455
m
It was pointed out that in January, 1988, the Architectural Review
Board recommended to the City Planning Con~tssion that the H-l,
Historic District designation, be given to the buildings in the down-
town area that are on the National Register of Historic Places, or are
eligible for the National Register of Historic Places, which these
buildings are as follows:
Liberty Trust Building (First National Bank) u 101
South Jefferson Street, Tax No. 1011123.
Colonial National Bank Building - 202-208 South
Jefferson Street, Tax Nos. 4010801, 4010802.
Boxley Building - 416 South Jefferson Street, Tax
No. 4011704.
Four warehouse buildings (Blain Supply Company,
J. Leonard warehouses) - 127, 129, 133 and 143
Norfolk Avenue, S. W., Tax Nos. 1010301 - 1010304,
inclusive.
Patrick Henry Hotel - 617 South Jefferson Street,
Tax No. 1013313.
Jefferson Electric Building - 21 Franklin Road,
S. W., Tax No. 1012713.
Old Municipal Building - 210 Campbell Avenue,
S. W., Ta~ No. 1011401.
Series of Victorian Buildings - 118 - 128 Campbell
Avenue, S. W., Tax Nos. 1011508 - 1011512, inclu-
sive.
State and City Building - 102 Campbell Avenue,
S. W., Tax No. 1011519.
It was explained that the initial public hearing before the
Planning Conmission was held on February 3, lg88; that the zoning
request was tabled to allow more time for property owners to discuss
H-1 zoning with staff and to allow time for staff to investigate finan-
cial incentives that could be implemented to offset concerns of pro-
perty owners; and numerous persons spoke at the public hearing
including those for and against the H-1 zone protection.
It was advised that meetings with property owners to discuss H-1
zoning and the incentive programs, as follows, were held the week of
September 26, 1988; that a general information meeting was held on
September 28; and a second public hearing was held on October 5, 1988.
Expansion of the City's existing Tax Abatement
Program from five years to ten years for properties
in an H-1 or H-2, Historic District. Ordinance to
be effective on January 1, lgSg.
Establishment of a City-sponsored Low Interest Loan
Program to provide for rehabilitation of historic
structures in H-1 Districts. At present, the ini-
tial funding level is proposed to be $100,000.00.
Establishment of a technical services assistance
fund to assist property owners and developers in
H-1 Districts with various technical issues asso-
ciated with the development of historic properties.
These could include architectural or engineering
design services, National Register nominations, tax
act coordination or financial coordination. At
present, the recon~nended level of funding is
$20,000.00.
456
The City Planning Commission recommended tile following action:
"Liberty Trust Building (First National Bank) - 101
South Jefferson Street, Tax No. 1011123 - By a vote
of 5-0-1 (Mrs. Goode absent and Mr. Waldvogel
abstaining), the Commission voted to recommend the
H-1 zoning on the property designated as Official
Tax No. 1011123.
Colonial National Bank Building - 202-208 South
Jefferson Street, Tax Nos. 4010801, 4010802. By a
vote of 6-0 (Mrs, Goode absent), the Commission
voted to recommend the H-1 zoning on the property
designated as Official Tax Nos. 4010801 and
4010802.
One warehouse building (J. Leonard warehouses) -
127 Norfolk Avenue, S. W., Tax No. 1010304. By a
vote of 6-0 (Mrs. Goode absent), the Conmtssion
voted to recommend the H-1 zoning on the property
designated as Official Tax No. 1010304.
Patrick Henry Hotel - 617 South Jefferson Street,
Tax No. 1013313. By a vote of 6-0 {Mrs. Goode
absent) the Commission voted to recommend the H-1
zoning on the property designated as Official Tax
No. 1013313.
Jefferson Electric Building - 21 Franklin Road,
S. W., Tax No. 1012713. By a vote of 6-0 (Mrs.
Goode absent) the Commission voted to recommend the
H-1 zoning on the property designated as 1012713.
Old Municipal Building - 210 Campbell Avenue,
S. W., Tax No. 1011401. By a vote of 6-0 (Mrs.
Goode absent), the Commission voted to recommend
the H-1 zoning on the property designated as
Official Tax No. 1011401.
Series of Victorian Buildings - 126-128 Campbell
Avenue, S. W., Tax No. 1011508. By a vote of 5-0-1
(Mrs. Goode absent and Mr. Waldvogel abstaining),
the Commission voted to recomme~:d the H-1 zoning on
the properties designated as Official Tax Nos.
1011511 - 1011512.
State and City Building - 102 Campbell Avenue,
S. W., Tax No. 1011519. By a vote of 5-0-1 (Mrs.
Goode absent and Mr. Waldvogel abstaining), the
Commission voted to recommend the H-1 zoning on the
property designated as Official Tax No. 1011519.
Boxley Building - 416 South Jefferson Street, Tax
No. 4011704. By a vote of 4-2 (Messrs. Bradshaw
and Price voting against the motion and Mrs. Goode
absent), the Con~nission voted to withdraw the
Boxley Building from H-1 consideration, as
requested by the owners.
Three warehouse buildings (Blain Supply Company) -
129, 133 and 143 Norfolk Avenue, S. W., Tax Nos.
1010301 - 1010303, inclusive. By a vote of 4-2
(Messrs. Buford and Price voting against the motion
and Mrs. Goode absent), the Commission voted to
withdraw the three warehouse buildings from H-1
consideration, as requested by the owner.
Series of Victorian Buildings - 118-124 Campbell
Avenue, S. W., Tax Nos. 1011509 - 1011512, inclu-
sive. By a vote of 5-1 (Mr. Bradshaw voting
against the motion and Mrs. Goode absent), the
Commission voted to withdraw the three Victorian
Buildings from H-1 consideration.
457
m
ACTION:
The landmarks proposed for inclusion in H-1 are
significant architectural and historical elements
of downtown and the City. Each of the buildings
serve an important function in downtown and in the
area where they are located. Adverse alteration or
loss of any of these National Register structures
will be detrimental to the limited inventory of
historic buildings remaining in downtown. New
financial incentives have been made available for
the rehabilitation of properties in a historic
district and will provide assistance to owners in
exchange for local ordinance protection.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers called attention to Ordinances labeled K, K-1 and K-2
and asked that the City Attorney explain the contents of each ordi-
nance.
The City Attorney advised that the Ordinance labeled K includes
all of the properties which are described in tile attachment to the City
Planning Commission's report, that Ordinance K-1 includes all of those
properties except the Trinkle prope-ties and the Jefferson Electric
property, and Ordinance K-2 includes all of these properties except the
Trinkle properties, the Jefferson Electric property and the Patrick
Henry Hotel.
The City Attorney was requested to identify all properties con-
tained in the Ordinance tabled K-2; whereupon, he advised that
Ordinance K-2 includes the following properties:
Liberty Trust Building
101 South Jefferson Street
Colonial American National Bank Building
202-208 South Jefferson Street
Blain and Leonard Warehouses
127, 129, 133, 143 Norfolk Avenue, S. W.
Old Municipal Building
210 Campbell Avenue, S. W.
Victorian Buildings
126A-128 Campbell Avenue, S. W., excluding
the Trinkle portion of those buildings
State and City Building
102 Campbell Avenue, S. W.
Mrs. Bowles moved that the following Ordinance (K-2) be placed
upon its first reading:
(#29330) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 101 and 401, Sectional 1976
Zone Map, City of Roanoke, to designated certain property within the
downtown area of the City as H-l, Historic District.
(For full text of Ordinance, see Ordinance Book No. 51, page 12.)
The motion was seconded by Mr. Trout.
The Mayor asked if there were persons present who would like to
address Council with regard to the matter; whereupon, Mr. James D.
Leonard, owner of a warehouse located at 127 Norfolk Avenue, S. W.,
appeared before Council and requested that his property be eliminated
from consideration if other warehouses are eliminated. He said he was
told at the City Planning Comntssion meeting that three other ware-
houses were eliminated from consideration for various reasons. He
pointed out that the buildings should be preserved in their original
state and developed as a block but not individually. He requested that
his building be eliminated from consideration if other buildings are to
be eliminated.
458
Mr. John R. Marlles, Chief of Community Planning, appeared before
Council and advised that the matter represents one of the rare occa-
sions when City Planning staff has disagreed with recommendations of
the City Planning Commission. He explained that City Planning staff
is of the opinion that all of the properties that were originally
recommended by the Architectural Review Board should be included in the
H-1 District inasmuch as said properties are either on or have been
deemed to be eligible for inclusion in the National Register of
Historic Places.
There were questions and discussion with regard to the Constitu-
tionality of such designation, the guidelines established in selecting
properties that were and were not included in the review by the
Architectural Review Board, incentives for property owners, major
restrictions on property with such designation, and identification of
other properties in the City which are of historical value.
Mr. Fitzpatrick moved that the Ordinance labeled K-2, presently on
the floor for discussion, be amended to exclude property located at 127
Norfolk Avenue, S. W., as requested by the property owner. The amend-
ment to the ordinance was seconded by Mrs. Bowles.
The City Attorney advised that specific language for amendment to
the Ordinance is as follows: strike in line 2 of the last paragraph,
127 Norfolk Avenue, S. W., and strike in line 5 of the last paragraph,
1010304.
The amendment, as set forth above, was adopted by the following
vote:
AYES: Council Members Bowl es, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...................... 7.
NAYS: None ..................
Ordinance No. 29330, as amended, with the exclusion of property
located at 127 Norfolk Avenue, S. W., was adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Trout, Bowers
and Mayor Taylor ............ §.
NAYS: Council Member Musser .................................... 1.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, an additional personnel matter, and a
real estate matter.
COUNCIL: A con~unication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relatin§ to vacancies on
various authorities, boards, commissions and con~ittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Vtr§inia (1950), as amended. The motion was seconded by Mr. Musser and
adopted by the following vote:
ACTION:
ACT[ON:
ACTION:
ACTION:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............ 7.
NAYS: None ...........
-0.
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor- 7.
NAYS: None ..................
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter regarding the use of real property for
public purpose, pursuant to Section 2.1-344 (a) (2), Code of Virginia
(lg50), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter regarding
the use of real property for public purpose, pursuant to Section
2.1-344 (a) (2), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........ 7.
NAYS: None .................
CITY ATTORNEY: A report of qualification of Mr. Wilburn C.
Dibling, Jr., as City Attorney for the City of Roanoke for a term of
two years, beginning October 1, 1988, and ending September 30, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .................... 7.
NAYS: None ..................................................... O.
DIRECTOR OF FINANCE: A report of qualification of Mr. Joel M.
Schlanger as Director of Finance for the City of Roanoke for a term of
two years beginning October 1, 1988, and ending September 30, 1990, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None ..................................................... O.
459
460
ACTION:
ACTION:
ACTION:
MUNICIPAL AUDITOR: A report of qualification of Mr. William L.
Brogan as Municipal Auditor for the City of Roanoke for a term of two
years beginning October 1, 1988, and ending September 30, 1990, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .............. 7.
NAYS: None .........................
Oe
CITY CLERK: A report of qualification of Ms. Mary F. Parker as
City Clerk for the City of Roanoke for a term of two years beginning
October 1, 1988, and ending September 30, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None ........ O.
PENDING LIST: A list of items pending from July 10, 1978, through
September 26, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ........................ 7.
NAYS: None ..................................................... O.
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES-COMPLAINTS: A con~nunication from Mr. W. D. Carlson,
Gardner-Denver Mining & Construction, requesting waiver of a late
payment penalty for 1988 personal property taxes, in the amount of
$15,368.18, was before Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Garland pointed out that Gardner-Denver is one of the City's
major corporate citizens, and he would be in favor of giving the company
special consideration; however, other citizens have been in the same
situation and, if the penalty is waived for Gardner-Denver, the City
would then be in a situation where it would have to waive the penalty
for other citizens and businesses.
Mr. Garland moved that the request of Gardner-Denver be denied
with regret. The motion was seconded by Mr. Musser and unanimously
adopted.
BUDGET-SCHOOLS: A conmnunicatton from the Roanoke City School
Board recommending appropriation of funds,,s follows, was before
Council.
m
ACTION:
Grant No. 6736 - $225,000.00 for the Vocational
Education Equipment Grant to pro-
vide funding for vocational educa-
tion equipment. Local match will
be in the amount of $169,787.00.
State vocational education equip-
ment matching funds will be pro-
vided on a reimbursement basis.
Grant No. 6811 - $11,625.00 for the Artist in
Education Program to provide funds
for the enhancement of the
district's arts program by bring-
ing experts into the schools for
student workshops. Additional
federal funds for the Program in
the amount of $6,625.00 have been
provided, with local match in the
amount of $5,000.00.
Grant No. 6812 - $3,380.00 for the Magnet School
Artists Program to provide funds
for the enhancement of the Magnet
School's art program. Funding for
the Program has been provided from
the federal government.
The School Board further requested appropriation of $166,297.00 to
fund vocational education teachers in the handicapped and disadvantaged
Programs, advising that funds have been provided in federal revenue
from the Perkins Act.
(For full text, see con~nunication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
the Magnet School Artist Grant funding and the vocational education
funding for teachers are provided by 100 per cent federal revenue; that
the Vocational Education Equipment Grant and Artist in Education Grants
are funded with Federal and State funds and require local matches
totaling $174,787.00; and funding for the local matches is available in
the Instruction category of the Education portion of the General Fund
in the following accounts:
Compensation of Teachers
Matching Funds
(001-060-6001-6143-0121)
(001-060-6001-6204-0588)
$169,787.00
5,000.00
$174,787.00
The Director of Finance recon~ended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29331) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 745.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29331. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...... 7.
NAYS: None ..................
.0.
SCHOOLS: A comunication from the Roanoke City School Board
recon~ending that Council authorize participation in the Governor's
Educational Technology Initiative Program; advising that the Program
would provide approximately $159,600.00 worth of computer equipment to
the City Schools with the purchase financed by bonds issued to the
Virginia Public School Authority.
461
462
ACTION:
It was further advised that the General Assembly has appropriated
funds to pay the debt service on the five-year bonds for fiscal year
1989-90 and is committed to paying the debt service on the remaining
four years; that there is a remote possibility that the General
Assembly would not appropriate debt service funds for the remaining
four years, and the schools would have to assume approximately
$40,000.00 in debt service, conanencin9 in fiscal year 1990-91.
It was explained that the Schools would like to take advantage of
the opportunity to obtain additional school computer equipment at no
cost to the school division; and recommended that Council adopt a
Resolution authorizing the Superintendent of Schools to enter into a
memorandum of understanding with the State to provide for the City's
participation in the Educational Technology Initiative Program.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles offered the following Resolution:
(#29332) A RESOLUTION authorizing execution of a Memorandum of
Agreement between the City and the Virginia Department of Education to
provide for participation in the Governor's Educational Technology
Initiative Procurement and Financing Program.
(For full text of Resolution, see Resolution Book No. 50, page 746.)
Mrs. Bowles moved the adoption of Resolution No. 29332. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .................... 7.
NAYS: None ......................
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT-GRANTS: The City Manager submitted a written
report advising that on June 6, 1988, the Office of Emergency Services
submitted a report to Council recommending that the City enter into an
agreement with the Virginia Department of Emergency Services for the
City to provide, along with Roanoke County and the City of Salem, a
Level III Regional Response Team; that Council concurred in the recom-
mendation and authorized the City Manager to enter into an agreement to
participate in the Level III Regional Response Team; that on July 1,
1988, the City Manager and the State Coordinator of Emergency Services
entered into the agreement, which is effective until June 30, 1991,
unless terminated upon thirty days notice by either party; that
according to the executed agreement, the City, as well as localities
who participate in a regional response team will receive "pass-through
funding" to assist with the purchase of equipment to be used by the
Regional Hazardous Materials Response Team; and the pass-through
funding, totalling $85,835.00, has been received by the City and depo-
sited in Revenue Account No. R035-1234-7067; i.e., fiscal year
1987-88 -- $43,002.00 and fiscal year 1988-89 -- $42,833.00.
It was explained that additional funds, in the amount of approxi-
mately $20,000.00, will be received during fiscal year 1989-90 for the
grant to purchase the necessary equipment needed to provide Level III
response; and the City, Roanoke County and the City of Salem will coor-
dinate purchase of equipment for the Hazardous Materials Regional
Response Team in order to avoid duplication of expensive equipment and
allow for compatibility of equipment purchased.
463
m
ACTION:
The City Manager recommended that Council accept the Hazardous
Materials Regional Response Team Grant, (n the amount of $85,835.00,
for the purpose of providing funds for purchase of specialized equip-
ment for the Hazardous Materials Regional Response Team; and authorize
the Director of Finance to establish an account in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29333) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 747.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29333. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ..... - .......7.
NAYS: None ....
CITY CODE-FIRE PREVENTION: The City Manager submitted a written
report advising that on July 1, 1980, Council adopted the 1978 BOCA
Basic Fire Prevention Code and amendments; that City enforcement acti-
vities are currently being conducted under the 1978 BOCA Basic Fire
Prevention Code which was superseded on March 1, 1988, due to adoption
of the Virginia Statewide Fire Prevention Code; and enforcement actions
are concentrated in the following areas:
All businesses;
All places of assembly;
All institutions; and
All occupancies with exception of individual
dwelling units.
It was further advised that on March 1, 1988, the Virginia
Statewide Fire Prevention Code became effective; that the Virginia
Statewide Fire Prevention Code is a mandatory statewide set of regula-
tions that must be complied with for the protection of life and pro-
perty from the hazards of fire or explosion; that the Virginia
Statewide Fire Prevention Code supersedes all fire prevention regula-
tions heretofore adopted by local governments; that local governments
are empowered to adopt more restrictive regulations if they do not
effect the manner of construction or materials to be used; and if local
governments elect not to enforce the Statewide Fire Prevention Code,
enforcement rights would be relinquished to the office of the State
Fire Marshal.
The City Manager recommended that Council authorize local enfor-
cement of the Virginia Statewide Fire Prevention Code through the local
Fire Marshal, and amend the City Code to adopt the Virginia Statewide
Fire Prevention Code as the City's Fire Prevention Code, with modifica-
tions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency Ordinance:
(#29334) AN ORDINANCE amending and reordaining §§12-3, Technical
services division generallx; 12-16, Adopted; 12-17, Definition~; 12-18,
Amendments; 12-1~, E6forcement; ~nd 20-74, Parking, stopping er
I~tandingYn a fire lane,' of t~e-code of the City of Roanoke"(1979), a~
amended, b~ adopting' as the Fire Prevention Code of the City of
Roanoke, the Virginia Statewide Fire Prevention Code with appropriate
amendments and providing penalties for violations of said Fire
Prevention Code; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 50, page 748.)
464
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29334. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None ..................
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers, Chairman of the
Audit Committee on submitted copy of the Minutes of the meeting which
was held on Monday, September 26, 1988.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the minutes be received and filed.
motion was seconded by Mr. Trout and unanimously adopted.
The
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
TAXES: Ordinance No. 29306, amending §32-97, Amount of exemption,
of Division 5, Exemption of Certain Rehabilitated Property, of Chapter
32, Taxation, Code of the City of RoanOke (1979), ~s' amended, in order
to expand the City's tax abatement program for certain qualified pro-
perties in designated historic districts, effective January 1, 1989,
having previously been before the Council for its first reading on
Monday, September 26, 1988, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#29~06) AN ORDINANCE amending §32-97, Amount of exemption, of
Division 5, Exemption o~ Certain Rehabilitated Property, of Chapter 32,
Taxation, Code of theCl''ty of R6anok6 (1979), as a~ended, in order to
expand the City's tax abatement program for certain qualified proper-
ties in designated historic districts; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 50, page 743.)
Mr. Bowers moved the adoption of Ordinance No. 29306. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................. 7.
NAYS: None ............ O.
CITY PROPERTY: Ordinance No. 29311, authorizing and providing for
the lease of certain City property in connection with an Environmental
Protection Agency (EPA) integrated air quality study, upon certain
terms and conditions, having previously b~en before the Council for its
first reading on Monday, September 26, 1988, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29311) AN ORDINANCE authorizing and providing for the lease of
certain City property in connection with an Environmental Protection
Agency (EPA) integrated air quality study, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 50, page 744.)
Mr. Trout moved the adoption of Ordinance No. 29311. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................... 7.
NAYS: None ................... O.
m
ACTION:
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
COMPLAINTS: Mr. L. M. Cruise, 2113 Kennedy Street, N. E.,
appeared before Council and co,lathed about barking dogs, rats and
odor as a result of dogs which are owned by his next door neighbor. He
said the Police Department has been called on several occasions but no
relief has been forthcoming. He questioned whether the individual has
a license to breed dogs from his residence and requested Council's
assistance in correcting existing problems.
The City Manager advised that he would investigate the matter and
respond appropriately; whereupon, Mr. Trout moved that the complaint be
referred to the City Manager for investigation and report to Council.
The n~tton was seconded by Mr. Fitzpatrick and adopted.
At 9:35 p.m., the Mayor declared the meeting in recess.
At 10:55 p.m., the meetin9 reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
CIVIC CENTER: The Mayor advised that the three year term of
Margaret R. Baker as a member of the Roanoke Civic Center Comnission
expired on September 30, 1988, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of Margaret R. Baker.
There being no further nominations, Ms. Baker was reelected as a
member of the Roanoke Civic Center Con~nission for a term of three years
ending September 30, 1991, by the following vote:
FOR MS. BAKER: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ..................... 7.
ARCHITECTURAL REVIEW BOARD: The Mayor advised that the four year
term of Timothy L. Jamteson as a member of the Architectural Review
Board expired on October 1, 1988, and called for nominations to fill
the vacancy.
Mrs. Bowles placed in nomination the name of Timothy L. Jamieson.
There being no further business, Mr. Jamieson was reelected as a
member of the Architectural Review Board for a term of four years
ending October 1, 1992, by the following vote:
FOR MR. JAMIESON: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ............................... 7.
CELEBRATIONS: The Mayor advised that there is a vacancy on the
Special Events Committee created by the resignation of Linda E.
Hart-Copenhaver for a term ending June 30, 1989, and called for nomina-
tions to fill the vacancy.
Mrs. Bowles placed in nomination the name of Nina C. Bolden.
There being no further nominations, Ms. Bolden was elected as a
member of the Special Events Committee for a term ending June 30, 1989,
by the following vote:
FOR MS. BOLDEN: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor- 7.
YOUTH: The Mayor advised that there is a vacancy on the Youth
Services Citizen Board created by the resignation of Margaret C. Martin
for a term ending May 31, 1989, and called for nominations to fill the
vacancy.
Mr. Garland placed in nomination the name of Richard C. Nininger.
465
466
There being no further nominations, Mr. Nininger was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Margaret C. Martin, ending May 31, 1989, by the following vote:
ACTION: FOR MR. NININGER: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor .... 7.
There being no further business, the Mayor declared the meeting
adjourned at 11:00 p.m.
APPROVED
ATTEST: .~.~
City C1 erk
467
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 17, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 17, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular.
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Robert A. Garland (arrived at 2:05 p.m.),
Howard E. Musser, James O. Trout, David A. Bowers, Elizabeth T. Bowles and Mayor
Noel C. Taylor ..... 6.
ABSENT: Vice-Mayor Beverly T. Fitzpatrick, Jr.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
are considered to be routine by the Members of Council and will be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item will be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a matter relating to the
acquisition of real property for public purpose; and a legal matter
within the jurisdiction of the Council.
MINUTES: Minutes of the regular meeting of Council held on
Monday, June 27, 1988; the organizational meeting held on Tuesday,
July 5, 1988; and the special meeting held on Friday, July 8, 1988,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Bowers and adopted by the following vote:
AYES:
Ta)-lor ......
Council Members Musser, Trout, Bowers, Bowles and Mayor
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland had not
arrived.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
468
ACTION:
ACTION:
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor .................................. 5.
NAYS: None ...........
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland had not
arrived.)
ARCHITECTURAL REVIEW BOARD: A communication from Council Member
David A. Bowers requesting that the City Manager provide additional
information prior to April 1, 1989, regarding progress of the City
administration in designating additional buildings in the downtown area
as historic sites, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be referred to the City
Manager for report to Council. The motion was seconded by Mr. Bowers
and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor .................. 5.
NAYS: None ...............
Om
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland had not
arri red. )
RADIO-TELEVISION: A communication from Mr. B. W. Langheim, Vice
President and General Manager, Cox Cable Roanoke, transmitting a sum-
mary of Cox Cable Roanoke's status as of September 30, 1988, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor .............. 5.
NAYS: None .......... O.
(Vice-Mayor Fitzpatrick was absent,) (Council Member Garland had not
arrived.)
YOUTH: A report of qualification of Mr. Charles A. Karr as a
member of the Youth Services Citizen Board for a term ending May 31,
1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor ..................... 5.
NAYS: None ........ O.
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland had not
arrived.)
COUNCIL: The City Attorney orally requested that Council meet in
Executive Session to discuss a legal matter within the jurisdiction of
Council, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950),
as amended.
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a legal matter
within the jurisdiction of Council, pursuant to Section 2.1-344
(a) (7), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Bowers and adopted by the following vote:
m
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Bowles and Mayor
Taylor ..................... 5.
NAYS: None ......
(Vice-Mayor Fitzpatrick was absent.) (Council Member Garland had not
arrived.)
At this point, 2:05 p.m., Council Member Garland entered the
meeting.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CHAMBER OF COMMERCE: Mr. Jan Quitzau, Executive Director, Roanoke
Valley Convention and Visitors Bureau, appeared before Council and pre-
sented a report with regard to the Visitor Information Center's first
year of operation.
Mr. Quitsau advised that the mission of the Convention Bureau is
sales solicitation, marketing and services designed to enhance the
Roanoke Valley and promote the Valley as a desirable destination point,
which efforts include convention and tourism sales. He said the
Visitors and Convention Bureau will celebrate its first year of opera-
tion in the Market Square during the month of October, advising that in
1987, 15,000 visitors were welcomed through the Visitor Information
Center from 46 states and 31 countries. He commented that the Center
has provided the type of information which is needed in order to
encourage visitors to return to the Roanoke Valley over and over again,
adding that visitors are greeted at the Center seven days a week by a
staff of volunteers who provide a service over and above the call of
duty. He expressed appreciation to Council and to the community for
its continuing support of the convention and tourism industry in the
Roanoke Valley.
Mr. Trout moved that the oral report be received and filed. The
motion was seconded by Mr. Musser and adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate $8,891.00 for the 1988-89
Transitional Services Program to aid handicapped students who are
entering the school system for the first time, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
The Director of Finance submitted a written report recommending
that Council concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29335) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 10.)
Mr. Trout moved the adoption of Ordinance No. 29335. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor- 6.
NAYS: None ..................................................... O.
469
(Vice-Mayor Fitzpatrick was absent.)
470
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
ENDANGERED SPECIES: The City Manager submitted a written report
advising that the Federal Register, Volume 53 No. 173, dated Wednesday,
September 7, 1988, contains notice that the Federal Fish and Wi)d)ife
Service proposes to list the Roanoke Logperch as an endangered species;
that co~nents on the proposed rule making must be received by the
Annapolis Field Office of the U. S. Fish and Wildlife Service by
November 7, 1988; and the Roanoke Logperch was discovered in 1988, and
is currently considered a threatened species,
The City Manager called attention to the significant increased
financial impact on the following projects:
Flood Reduction Project;
SpriJg Hollow Reservoir and water supply or future
water supplies from Roanoke River and/or Tinker
Creek. One specimen has also been reported as
being caught in Smith Mountain Lake;
Future considerations for scenic parkway or
Greenway development along the Roanoke River;
Sewage Treatment Plant expansion; and
Future constructi on for stream crossings of
bridges, water and sewer lines on the Roanoke River
and Tinker Creek.
It was noted that such designation will create the potential'for
establishment of critical habitat which further restricts the City's
ability to consider desired projects and will further increase the cost
of sewage treatment and storm water runoff; that the significance of
future monetary impact is not defined in the proposed rule making; and
Council's ability to consider future projects on all of the merits of
such projects will be severely jeopardized.
The City Manager recommended that Council adopt a measure giving
notice that the City of Roanoke opposes the classification of the
Roanoke Logperch (Percina rex) as an endangered species.
(For full text, see report on file in the City Clerk's Office.)
The City Manager advised that the issue of the Roanoke Logperch is
much more complex and far reaching than one would initially think. He
called attention to the impact of the Logperch endangered species
designation on the Roanoke ~iver Flood Reduction Project, advising that
in designing the Roanoke Project, the Corps of Engineers studied the
biological impact and based its planning on such items as the biologi-
cal needs of the Roanoke Logperch. He said he was told by Corps repre-
sentatives as recent as this morning that if the Roanoke Logperch is
designated endangered, they do not expect such designation to have any
financial impact on the flood reduction project beyond that which is
currently known. He stated that in essence, in the planning stages,
the Corps has treated the Roanoke Logperch as an endangered species and
assumed at some point in the future that the Roanoke Logperch might be
so designated, therefore, the Corps does not feel that there will be
any financial impact beyond that which is already known.
Mr. Herbert further advised that he would like to address Cotincil
with regard to the unknown issues of such designation in the future.
Ne said the final decision on the designation will rest with Council,
and the United States Department of the Interior, Fish and Wildlife
Service, based primarily on environmental and biological factors. He
stated that at this time the Department of Interior, Fish and Wildlife
471
m
ACTION:
Service, has not designated the ten mile stretch of the Roanoke River
within the limits of the City of Roanoke as a critical habitat for the
Logperch. He explained that a critical habitat is a big step beyond
just the endangered species designation and brings much more stringent
rules and regulations on a river that has a critical habitat as com-
pared to a river without such designation. He added that the long term
results of the designation could impact upon further items such as
storm water run off and how and if such run-off will be treated or its
discharge into the river, construction of bridges, river crossings for
water and sewer lines, and operation of the Sewage Treatment Plant. He
explained that it is not known how far reaching the impact could be,
however, he is not in favor of endorsing a proposal when the cost or
burden to be placed on the taxpayers of the City of Roanoke in the long
run cannot be estimated.
The City Manager explained that the larger picture has to do with
the Federal Government understanding the impact of such a designation
on the City of Roanoke, adding that if it is a national purpose to pro-
tect the Roanoke Logperch, should the financial burden of doing so be
passed on to the local government where the species is found? He said
the debate should not be on whether the Logperch should be listed as an
endangered species -- but instead, it should be a factual decision
based on environmental and biological facts, and if the facts reveal
that such a designation is necessary, the Federal Government should be
a full partner in the process, not only in the designation but also in
paying its fair share of the consequences of such designation.
The City Manager recommended that the Resolution accompanying his
written report on the City Council agenda be withdrawn and that his
remarks be referred to the City Attorney for preparation of an
appropriate measure notifying the City's representatives to the General
Assembly, the United States Congress, and the United States Fish and
Wildlife Service of the City's concerns. He said such a Resolution
would serve the citizens of the City of Roanoke in the best possible
way and a decision could be reached on the true facts and need of such
designation for the Roanoke Logperch, while at the same time, bring to
light the need for the Federal Government to be a full financial
partner in the process.
Mr. Bowers suggested that prior to voting on the issue, Council
should hold a public hearing; whereupon, following discussion of the
suggestion, the Mayor requested that the City Manager confer with Mr.
Bowers concerning the necessity of holding a public hearing.
Following discussion, questions and comments by the Mayor and
Members of Council, Mr. Trout moved that the comments made by the City
Manager be referred to the City Attorney for preparation of the proper
measure requesting the Federal Government to share in additional costs
if the Roanoke Logperch is designated as an endangered species. The
motion was seconded by Mrs. Bowles and adopted.
BUDGET-CITY NURSING HOME: The City Manager submitted a written
report advising that a bond issue was approved (Bond Series, 1985) by
Roanoke City voters which included $150,000.00 for an activity room and
related improvements at the Roanoke City Nursing Home; that Council
authorized a contract on April 25, 1988, with Campbell Construction and
Development for $91,919.00 with $7,381.00 for contingency, and
$16,000.00 for furnishings; and the balance of the funds, $34,700.00,
is needed for related capital improvements to enhance improve the
quality of life for the patients at the Nursing Home and to make
necessary related improvements.
It was noted that the balance of the funds, $34,700.00, is needed
to complete the following projects:
Air conditioning of two offices at a cost of
$2,OOO.OO.
Two existing offices were renovated to accom-
modate the Activities Director and the Social
Worker rather than the original plan of adding
the offices to the new construction.
472
ACT[ON:
The renovations were done without additional
funding except for the air conditioning.
Replace existing outside doors to the Nursing
Home - $9,200.00.
Two bedpan hopper sterilizers at $8,000.00 each -
$16,000.00.
Dishwasher - $5,000.00.
Folding tables and chairs with chair caddy for
activities room - $1,200.00.
Wide-screen TV - $2,500.00.
Stereo - $1,300.00.
The City Manager recommended that Council approve the expenditure
of funds from the bond issue for needed improvements at the Roanoke
City Nursing Home; and transfer $34,700.00 from the 1985 Bond Series,
Account No. 008-052-9577-9183, to the Nursing Home Alterations Project,
Account No. 008-054-g608-9001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29336)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 11.)
Mr. Musser moved the adoption of Ordinance No. 29336. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............................ 5.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
FIRE DEPARTMENT: The City Manager submitted a written report con-
curring in a reco~endation of a bid committee with reference to the
purchase of a breathing air machine for the Fire Department.
The bid committee submitted a written report advising that the
State of Virginia, Fire Programs Fund, is distributed to localities in
the Commonwealth of Virginia for the purpose of procuring additional
fire safety equipment and training; that existing breathing air equip-
ment is in poor condition and frequently requires maintenance, and the
existing system will not refill one hour air bottles; that bid specifi-
cations for a breathing air machine was developed and specificamly sent
to six vendors and bids were received, after due and proper advertise-
ment and opened and read in the Office of the Manager of General
Services, at 2:00 p.m., on September 22, 1988.
It was pointed out that two bid responses were received; that all
bids received were evaluated in a consistent manner by representatives
of the Fire Department and General Services; and the lowest bid sub-
mitted by Breathing Air Systems, meets all specification requirements.
The bid committee recommended and the City Manager concurred in
the recommendation that Council accept the lowest responsible bid
meeting specifications for one new Breathing Air Machine, as submitted
by Breathing Air Systems, for a total amount of $21,307.00, and reject
the other bid.
(For full text, see reports on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29337) AN ORDINANCE accepting the bid of Breathing Air
Systems, made to the City for furnishing and delivering one new
breathing air machine; rejecting all other bids made to the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 11.)
Mr. Garland moved the adoption of Ordinance No. 29337. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ....................... 6.
NAYS: None ............. O.
(Vice-Mayor Fitzpatrick was absent.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 29321 permanently vacating,
discontinuing and closing a 1.2 foot wide portion of an alley located
between Sixth and Seventh Streets, S. W., constituting the southerly
portion of the alley abutting lots designated as Official Tax Nos.
1112412 - 1112418, respectively, having previously been before the
Council for its first reading on Monday, October 10, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#29321) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 1.)
Mrs. Bowles moved the adoption of Ordinance No. 29321. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .... 6.
NAYS: None ............................................
(Vice-Mayor Fitzpatrick was absent.)
STREETS AND ALLEYS: Ordinance No. 29322 permanently vacating,
discontinuing and closing a portion of West Drive, S. W., more par-
ticularly described as one narrow parcel on the westerly side of West
Drive, containing 368.6 square feet, having previously been before the
Council for its first reading on Monday, October 10, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29322) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly descri bed herei halter.
(For full text of Ordinance, see Ordinance Book No. 51, page 2.)
Mr. Trout moved the adoption of Ordinance No. 29322. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......................................... 6.
NAYS: None ............
473
(Vice-Mayor Fitzpatrick was absent.)
474
ACTION:
ACTION:
ACTION:
STREETS AND ALLEYS: Ordinance No. 29323 permanently vacating,
discontinuing and closing a twelve foot wide alley running parallel to
and between Salem Avenue, and Westport Avenue, S. W., and extending
from 21st Street to Boulevard, S. W., having previously been before the
Council for its first reading on Monday, October 10, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Bowers offering the following for its second reading and final
adoption:
(~29323) AN ORDINANCE vacating a portion of a certain subdivision
plat and permanently vacating, discontinuing and closing certain
public right-of-way in the City of Roanoke, Virginia, as is more par-
ticularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 3.)
Mr. Bowers moved tile adoption of Ordinance No. 29323. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ........ . ............ 6.
NAYS: None ....... . ............ O.
(Vice-Mayor Fitzpatrick was absent.)
STREETS AND ALLEYS: Ordinance No. 29324 permanently vacating,
discontinuing and clsoing a portion of an alley extending between Kirk
Avenue and Church Avenue, S. W., abutting upon Official Tax Nos.
1011601, 1011604, 1011602, and 1011615, more specifically described as
approximately twelve feet in width and extending in a southerly direc-
tion from Kirk Avenue, S. W., for a distance of approximately fifty
feet, having previously been before the Council for its first reading
on Monday, October 10, 1988, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29324) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 4.)
Mrs. Bowles moved the adoption of Ordinance No. 29324. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .......
NAYS: None ..........
O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Oroinance No. 29325 rezoning a parcel of land containing
1.923 acres, in the aggregate, more or less, located at 719 Orange
Avenue, and 815 Orange Avenue, N. E., bearing Official Tax Nos. 3030404
and 3030403, respectively, from HM, Heavy Manufacturing District, to
C-2, General Commercial District, having previously been before the
Council for its first reading on Monday, October 10, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29325) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 6.)
Mr. Trout moved the adoption of Ordinance No. 29325. The motion
was seconded by Mr. Garland and adopted by the following vote:
475
m
ACTION:
ACTION:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......... 6.
NAYS: None .... O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29326 rezoning certain parcels of Towne
Square (Map Book 1, Page 689), as follows: Parcel 2, Tax Map No.
6640118; Parcel 3, Tax Map No. 6650109; Parcel 4, Tax Map No. 6660117;
Parcel 5, Tax Map No. 6640117; Parcel IOA, Tax Map No. 6640119; portion
of Parcel 1OB, Tax Map No. 6640116; portion of Parcel 11, Tax Map No.
6660110; portion of Parcel 12, Tax Map No. 6650101; portion of Parcel
14, Tax Map No. 6660101; Retention Basin, Tax Map No. 6650103, from LM,
Light Manufacturing District, to C-2, General Con~nercial District,
having previously been before the Council for its first reading on
Monday, October 10, 1988, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29326) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 664, 665 and 666, Sectional
1976 Zone Map, City of Roanoke, to rezone certain property within the
City.
(For full text of Ordinance, see Ordinance Book No. 51, page 7.)
Mrs. Bowles moved the adoption of Ordinance No. 29326. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor .............. 6.
NAYS: None ..................................
-0.
(Vice-Mayor Fitzpatrick was absent.)
SUBDIVISIONS: Ordinance No. 29327 vacating a portion of a
recorded subdivision, Parcel 2, Roanoke Centre for Industry and
Technology (Map Book 1, Page 711), pursuant to Section 15.1-428 (b), of
the Code of Virginia (1950), as amended, and authorized by Ordinance
No. 29048, having previously been before the Council for its first
reading on Monday, October 10, 1988, read and adopted on its first
reading and laid over, was again before the body, Mr. Musser offering
the following for its second reading and final adoption:
(#29327) AN ORDINANCE permanently vacating, discontinuing and
closing a portion of certain public right-of-way in the City of
Roanoke, Virginia, as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 8.)
Mr. Musser moved the adoption of Ordinance No. 29327. The motion
was seconded by Mr. Trout and adopted ~v the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ............ 6.
NAYS: None .................... O.
(Vice-Mayor Fitzpatrick was absent.)
ZONING: Ordinance No. 29329 rezoning a tract of land located on
the northerly side of Staunton Avenue, N. W., designated as Official
Tax No. 2430837, from RS-3, Single Family Residential District, to
RM-1, Residential Multi-Family District, having previously been before
the Council for its first reading on Monday, October 10, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mr. Garland offering the following for its second reading and final
adoption:
476
ACTION:
ACTION:
ACTION:
(~29329) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, pa9e 9.)
Mr. Garland moved the adoption of Ordinance No. 29329. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ......................................................... 6.
NAYS: None .......
(Vice-Mayor Fitzpatrick was absent.)
ZONING-ARCHITECTURAL REVIEW BOARD-LANDMARKS: Ordinance No. 29330
designating certain tracts of land located at 101 South Jefferson
Street; 202-208 South Jefferson Street; 210 Campbell Avenue, S. W.;
126A-128 Campbell Avenue, S. W.; 102 Campbell Avenue, S. W., more spe-
cifically described as Official Tax Nos. 1011123, 4010801, 4010802,
1011401, 1011508, and 1011519, as H-l, Historic District, having pre-
viously been before the Council for its first reading on Monday,
October 10, 1988, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#29330) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 101 and 401, Sectional 1976
Zone Map, City of Roanoke, to designate certain property within the
downtown area of the City as H-l, Historic District.
Mr. Trout moved the adoption of Ordinance No. 29330. The motion
was seconded by Mrs. Bowles and lost by the following vote:
AYES: None ......... O.
NAYS: Council Members Garland, Musser, Trout, Bowers, Bowles and
Mayor Taylor ................... 6.
(Vice-Mayor Fitzpatrick was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:10 p.m., the Mayor declared the meeting in recess.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Vice-Mayor Fitzpatrick, and Council Members
Bowers and Musser who left the meeting during the Executive Session.
INDUSTRIES: The Mayor advised that the four year term of Sam H.
McGhee, III, as a member of the Industrial Development Authority will
expire on October 20, 1988, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Sam H. McGhee, III.
There being no further nominations, Mr. McGhee was reelected as a
member of the Industrial Development Authority for a term of four
years, ending October 20, lg92, by the following vote:
FOR MR. MCGHEE: Council Members Garland, Trout, Bowles and Mayor
Taylor ......... . ............ 4.
(Vice-Mayor Fitzpatrick and Council Members Bowers and Musser were
absent.)
477
TRAFFIC: The Mayor advised that the four year terms oF Ms.
Christine Driscoll and Messrs. Julian H. Raney, Jr., W. W. S. Butler,
III, Lewis W. Peery, Harold S. Ziff~nerman, and Ronald M. Sharp as mem-
bers of the City of Roanoke Transportation Safety Con~ntsston expired on
October 1, 1908; that Ms. Driscoll no longer resides in the
Con~nonwealth of Virginia, and called for nominations to fill the vacan-
cies.
Mr. Garland placed in nomination the names of Messrs. Lewis W.
Peery, Harold S. Zimmerman and Ronald M. Sharp.
There being no further nominations, Messrs. Peery, Zimmerman and
Sharp were reelected as members of the City of Roanoke Transportation
Safety Con~nission for terms of four years each, ending October 1, 1992,
by the following vote:
ACTION: FOR MESSRS. PEERY, ZIMMERb~N AND SHARP: Council Members Garland,
Trout, Bowles and Mayor Taylor ................. 4.
(Vice-Mayor Fitzpatrick and Council Members Bowers and Musser were
absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
m
478
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 24, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, October 24, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and Mayor Noel C.
Taylor .................. 6.
ABSENT: Council Member Howard E. Musser ............................. 1.
OFFICERS PRESENT: Earl B. Reynolds, Jr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; Joel M. Schlanger, Director of Finance;
and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Kirk Ballin,
Pastor, Unitarian Universalist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
DIRECTOR OF FINANCE: The Mayor presented a certificate and plaque
awarded by the Government Finance Officers Association to Joyce Van
Houten, City Retirement Accountant, and Joel M. Schlanger, Director of
Finance, said awards representing the highest form of recognition in
public employees retirement system accounting and financial reporting.
ACTION:
ACTION:
BID OPENINGS:
PUBLIC WORKS: Pursuant to notice of advertisement for bids for
construction of a salt storage building at the Public Works Service
Center, 1802 Courtland Road, N. E., said bids to be received by the
City Clerk until 1:30 p.m., on Monday, October 24, 1988, and to be
held, opened and read before the Council at 2:00 p.m., on that date, or
as soon thereafter as the matter may be heard, the Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Mayor instructed the
City Clerk to proceed with the opening of the bids; whereupon, the City
Clerk opened and read the following bids:
BIDDER BASE BID TOTAL
*Dome Corporation of America
*Building Specialists, Inc.
Structures & Utilities Company, Inc.
$110,679.00
132,500.00
123,641.00
*Alterations to Bid
Mr. Bowers moved that the bids be referred to a con~ntttee to be
appointed by the Mayor for tabulation, report and recon~ndation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
479
ACTION:
ACTION:
BRIDGES: Pursuant to notice of advertisement for bids for
replacement of the Read Road, N. E., bridge over N & W Railway, said
bids to be received by the City Clerk until 1:30 p.m., on Monday,
October 24, 1988, and to be held, opened and read before the Council at
2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Lanford Brothers Company, Inc.
Robertson Construction Company, Inc.
Alleghany Construction Company, Inc.
$ 763,295.80
764,521.00
1,122,178.00
Mr. Bowers moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Robert A. Garland, Chairman, William F. Clark
and Kit B. Kiser as members of the committee.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a matter regarding the acquisition of real
property for public purpose.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950},
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ........................ 6.
NAYS: None ..................................................... O.
(Council Member Musser was absent.)
COUNCIL: A communication from Council Member Robert A. Garland
requesting an Executive Session to discuss a matter regarding the
acquisition of real property for public purpose, pursuant to Section
2.1-344 (al (3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Garland to convene in Executive Session to discuss a matter
regarding the acquisition of real property for public purpose, pur-
suant to Section 2.1-344 (al (3), Code of Virginia (lg50), as amended.
The motion was seconded by Mr. Bowers and adopted by the following
vote:
480
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ............................ 6.
NAYS: None ..........
(Council Member Musser was absent.)
COUNCIL-CITY GOVERNMENT: A report of the City Manager confirming
that the Council's Community Goals Workshop has been scheduled for
November 2 - 3, 1988, at Mountain Lake, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ............. 6.
NAYS: None ...... O.
(Council Member Musser was absent.)
YOUTH: A report of qualification of Elsie A. Anderson for a term
ending May 31, 1991, and Richard C. Nininger to fill the unexpired term
of Margaret C. Martin, for a term ending May 31, 1989, as members of
the Youth Services Citizen Board, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Of fi ce. )
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None .... O.
(Council Member Musser was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-SEWERS AND STORM DRAINS: Mrs. Gladys O'Neal Brown,
2110 Staunton Avenue, N. W., a member of the Conmunity Awareness
Organization of the upper northwest community, appeared before Council
and requested Council's assistance in eliminating flash flooding and
accumulation of debris as a result thereof which has existed for the
past 28 years in her neighborhood. She said the problem is severe and
increasing with the passing of time, advising that during heavy rains,
water accumulates in front and back yards and residents have to vacate
their homes. She added that she is unable to clean up the debris
which, in turn, creates a health hazard. Mrs. Brown requested that
something be done to provide for better drainage in the area. She pre-
sented a petition signed by 36 persons in support of her request and
also presented photographs depicting the present conditions during
heavy rains.
Mr. Bowers advised that when he visited the neighborhood, he
requested that the Roanoke Neighborhood Partnership contact the Commu-
nity Awareness Organization; whereupon, Mrs. Brown advised that no such
contact had been made.
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council, and that Council be
advised of any contact(s) made by the Roanoke Neighborhood Partnership
with the Community Awareness Organization. The motion was seconded by
Mr. Bowers and unanimously adopted.
481
m
ACTION:
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-HOUSING-GRANTS: The Assistant City
Manager presented a written report on behalf of the City Manager
advising that the Vacant Lot Homesteading Program was developed to
reduce the number of vacant, neglected lots in the City's neighborhoods
by helping responsible parties buy the lots; and loans made by the
City under the Program cover purchase price, up to the appraised value,
services of a realtor (in some cases), legal fees, costs to clear the
lot initially, in cases where needed, and other reasonable expenses.
It was explained that the current available funding approved by
the City for the Vacant Lot Homesteading Program is approximately
$56,500.00, all from CDBG funds; that a candidate lot for the Program
has been suggested to the City by Mr. Marques Plo, the owner of an
adjacent house being renovated; that a contract with Mr. Plo, the
intended buyer of the vacant lot, must be executed to commit him to buy
the lot, which has been determined to be available for sale, and to
maintain said lot after it is transferred to the buyer; that this com-
mitment from Mr. Plo has been obtained; and funds are available in CDBG
Account Nos. 035086-8620-5104 and 035-088-8820-5104 which was approved
and established for the Vacant Lot Homesteading Program.
The City Manager recon~nended that he be authorized to execute a
contract with Mr. Marques Plo for the lot located at 1001 Chapman
Avenue, S. W.; that Council authorize a deferred payment loan for the
purchase and expenses for the transfer of the lot; and that the City
Attorney and Director of Finance be authorized to serve as Trustees
of the deed of trust on the loan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29338) AN ORDINANCE authorizing the City Manager to execute an
Agreement for Acquisition and Maintenance of Vacant Lot with a certain
purchaser of a vacant lot under the City's Vacant Lot Homesteading
Program; authorizing the City Attorney and Director of Finance to exe-
cute a deed of trust securing the loan made as a part of the Vacant Lot
Homesteading Program and to serve as trustees; authorizing the City
Manager to execute a certificate of satisfaction; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 13.)
Mr. Garland moved the adoption of Ordinance No. 29338. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ....... . .... 6.
NAYS: None ........ --0.
(Council Member Musser was absent.)
BUDGET-GRANTS°FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM:
The Assistant City Manager submitted a written report on behalf of the
City Manager advising that the Consortium received the following grants
totaling $193,915.00 during the last fiscal year which were
appropriated by Council:
Summer Feeding Program - $10,779.00
Employment Services Program - $102,370.00
Project Trade - $23,90¢.00
Teen Parent - $46,862.00
Coordination Grant - $10,000.00
482
ACTION:
It was further advised that final expenditures and 9rant closeouts
totaling $139,685.00 have been reported to grantor agencies as follows:
Summer Feeding Program - $9,199.00
Employment Services Program - $72,326.00
Project Trade - $19,835.00
Teen Parent - $32,893.00
Coordination Grant - $5,432.00
It was explained that $69,597.00 of Consortium funds were avail-
able to provide administrative support in addition to JTPA funding;
that only $7,340.00 was expended for this purpose last year; that the
unspent balance of $62,257.00 needs to be transferred to the fiscal
year 1989 program year; that an incentive award of $118,136.00 was
received and appropriated in January, 1988, and budgeted for expen-
diture; and the City of Roanoke is the Grant Recipient for Consortium
funding.
Mr. Herbert advised that the grantor agencies for the above listed
grants and contracts will not allow carryover of the $54,230.00 unex-
pended funds ($193,915.00 - $139,685.00); and $180,393.00 of Consor-
tium and Incentive Award appropriations ($62,257.00 + $118,136.00)
needs to be transferred for utilization to the current budget year.
The City Manager reconxnended that Council reduce Consortium net
appropriations by $54,230.00, decrease the net revenue estimate by
$54,230.00 in the Consortium and Grant Funds, and transfer $180,393.00
in FY88 Consortium accounts to FY89 Consortium accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29339) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Consortium and Grant Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 14.)
Mr. Trout moved the adoption of Ordinance No. 29339. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ....................................... 6.
NAYS: None ...................
(Council Member Musser was absent.)
SEWERS AND STORM DRAINS: The Assistant City Manager submitted a
written report on behalf of the City Manager advising that Council, at
its March 7, 1988 meeting, awarded a contract to Structures and
Utilities Co., Inc., in the amount of $510,500.00 and 160 consecutive
calendar days for replacement of two comminuters with mechanical bar
screens at the Water Pollution Control Plant; and work was started on
the project on March 30, 1988.
It was further advised that the contractor started excavation for
the bar screen vault with a front-end loader excavating for a ramp to
the foundation of the vault; that approximately ten feet down, a large
pipe was uncovered that stopped excavation of the ramp; that the pipe
was not shown on the contract documents or any of the record drawings
on file in the City Engineer's Office; that a large capacity backhoe
had to be procured to do the excavation instead of the front-end
loader; that it has been determined that the pipe is a by-pass connec-
tion between the manhole from the main sewer down the Roanoke River,
Tinker Creek and Vinton; and the sewer pipe was probably installed as a
way to balance the flow through the original con~ninuters but was never
recorded on the as-built drawings.
483
m
ACTION:
It was explained stated that the contractor has requested a time
extension of 30 consecutive calendar days due to the additional time
required for excavation with a backhoe in lieu of a front-end loader
bulldozer; that current liquidated damages is $200.00 per day; that the
contractor feels the request for additional time is justified since he
had to use an alternate, slower method of excavation and he does not
feel that he should be penalized for something he could not control;
and no additional charges are requested with the change order.
The City Manager recommended that he be authorized to execute
Change Order No. 1 granting a 30 consecutive calendar day time exten-
sion to the construction contract time with Structures and Utilities
Co., Inc.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29340) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 1 to the City's contract with Structures and Utilities
Co., Inc., for replacement of comminuters with mechanical bar screens
at the Sewage Treatment Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 16.)
Mrs. Bowles moved the adoption of Ordinance No. 29340. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor .... 6.
NAYS: None ....
(Council Member Musser was absent.)
FLOOD REDUCTION/FLOOD CONTROL: The Assistant City Manager sub-
mitted a written report on behalf of the City Manager advising that
during the development of the Roanoke River Flood Reduction Project, it
was determined that a consulting surveyor(s) was needed to prepare sur-
veys and appropriate documents for appraisals and acquisition of land,
easements, and rights-of-way to permit construction of the project.
It was further advised that Surveying Services Qualification
Proposals for the project were publicly advertised on August 28, 1988,
and received on September 9, 19B8, from the following firms:
Balzer and Associates
Clean Water Engineers
Anderson and Associates
Draper, Aden and Associates
Mattern and Craig
Buford T. Lumsden and Associates
T. P. Parker & Son, Engineers & Surveyors, Ltd.
It was explained stated that interviews were held with all seven
responding rims inasmuch as they were all deemed qualified, respon-
sible, and suitable on the basis of initial responses; and negotiations
were conducted with the surveying firm where professional qualifica-
tions and proposed services were deemed most meritorious (T. P. Parker
& Son) for project requirements.
The City Manager advised that the scope of work to be performed
includes:
Establish a baseline along the entire length of the
project.
Tie the baseline to ten existing permanent monu-
ments used for horizontal control for the original
project aerial photography.
484
ACTION:
ACTION:
with
Establish permanent monuments and references along
the baseline.
Produce complete boundary surveys for certain spe-
cified parcels of land.
Survey remaining properties along the project route
as required to tie them to the baseline.
Draft the location of the baseline and property
boundary lines on design drawings supplied by tile
Corps of Engineers.
Compute proposed easements and rights-of-way takes.
Stake the proposed take on the ground.
Produce legal descriptions for proposed easements
and rights-of-way.
It was further advised that the contract is a lump sum contract
unit prices established for the purpose of increasing or
decreasing the required work, however, the contract amount, plus the
contingency amount, cannot be exceeded without authorization from
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29341) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 16.)
Mr. Trout moved the adoption of Ordinance No. 29341. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ............ 6.
NAYS: None ........ O.
(Council Member Musser was absent.)
Mr. Trout offered the folluwing emergency Ordinance:
(#29342) AN ORDINANCE authorizing the execution of a contract
with T. P. Parker & Son, Engineers & Surveyors, Ltd., to provide sur-
veying and related work in connection with the Roanoke River Flood
Reduction Project; and providing for an emergency.
(For full text of Ord(nance, see Ordinance Book No. 51, page 17.)
Mr. Trout moved the adoption of Ordinance No. 29342. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor--- 6.
NAYS: None ............ O.
(Council Member Musser was absent.)
DIRECTOR OF FINANCE:
BUDGET-DIVISION OF MOTOR VEHICLES-BILLINGS AND COLLECTIONS: The
Director of Finance submitted a written report advising that on
November 1, 1985, the City of Roanoke submitted the first debt claim to
the Commonwealth of Virginia Setoff Debt Program, and since that time
the City has collected approximately $100,000.00 from this process;
that claims are made against State Income Tax Refunds and lottery win-
nings for Personal Property Taxes, Water Bills, Weed/Demolitions,
library overdues, parking tickets and all classes of judgments; and on
485
November 1, 1988, the Co~onwealth of Virginia provided on-line access
to the Setoff Debt On Line System or State Tax Accounting and Reporting
System (STARS) for the purpose of claim entry, maintenance and inquiry
(with approved security) to the Division of Motor Vehicle Information
system for registration checks and current address inquiries.
It was noted that the current claim system is in-house and does
not interface with the state; that the capacity and flexibility of the
current system is extremely limited to further expansion without the
addition of interface capabilities; that on November 9, 1987, Council
approved a Capital Maintenance and Equipment Replacement Program; and
the Program included a list of automation requests for the Office of
Billings and Collections.
Mr. Schlanger advised that the Office of Billings and Collections
is responsible for the collection of various debts owed to the City;
that all debt types can be submitted through the Setoff Debt Program
for collection; that parking ticket administration also is controlled
in the Office of Billings and Collections; that all unpaid violations
must be submitted to the Department of Motor Vehicles to determine the
owner's name and address which must be requested weekly by mail to the
Commonwealth of Virginia; that access to the State Tax Accounting and
Reporting System and the Division of Motor Vehicle Information System
will allow total automation of the setoff program and provide the basis
for automation of parking tickets; and appropriation by Council is
requested to provide for the purchase of the following items:
Control Unit
CRT/Pti nter
One time Installation Fee
Modem Rental (yearly)
Termination fee (yearly)
A.T.T. Line fee (yearly)
$ 3,300.00
3,000.00
1,246.00
1,800.00
960.00
2,400.00
Total $12,706.00
m
The Director of Finance recon~nded that Council approve the
request for appropriation from the FYS9 Budget - Equipment Replacement
Account of $6,300.00 to Account No. 001-004-1232-9005 and $6,406.00 to
Account No. 001-004-1232-2010, to provide funds for the purchase of
equipment and lines for access to the State Tax Accounting and Report-
ing System and Division of Motor Vehicle on-line systems.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29343)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 18.)
Mrs. Bowles moved the adoption of Ordinance No. 29343. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ........ O.
(Council Member Musser was absent.)
BUDGET-WATER DEPARTMENT-BILLINGS AND COLLECTIONS: The Director of
Finance submitted a written report advising that the current Utility
Billing System became operational in February, 1980; that the system is
operated on the current IBM miniframe equipment and information is
accessible to the City Treasurer and to the Office of Billings and
Collections to accomplish most tasks associated with water/sewer
billing and collections; and the goals of the accessibility is to pro-
vide accurate and timely billing as well as maximum customer service to
37,000 active customers.
486
It was further advised the medium most often used to handle
customer service problems is the manual work order; that some 45,000
individual work orders were prepared last year by the Office of
Billings and Collections; that examples of some of the work orders are:
recheck reading, leakage investigation, meter repairs, turn on/off, and
meter exchange; that the orders are transmitted twice daily via City
Courier to the Utility Lines Department located on Read Road, N. E.;
and coordination of the work between the two departments is critically
important to the handling of many operational, repair, customer service
and collection functions.
It was pointed out that several situations exist within the
current manual handling of the orders that require attention, as
follows:
Manual work orders are labor intensive (some
9,000 are created per employee in Billings and
Collections alone).
Personnel are inundated by preparation, filing
and recordation of data of work orders.
Manual work orders are not monitored as to
turnaround time and productivity.
e
Lack of access by Utility Lines personnel for-
ces that department to maintain duplicate
records to information that is stored and
monitored on-line in the current Utility
Billing system.
Management information cannot be obtained from
these manual records to follow meter history
and performance.
It was explained that the City has considered various alternatives
to solve the deficiencies with the following objectives in mind:
The system or systems to be adopted (whether com-
puterized or manual) should serve to improve the
level of service being provided by the current
system.
The solutions should not disrupt current services
to citizens (i.e., change billing formats or cycles
that are familiar to customers).
Computerized alternatives should be based on
reliable software and be compatible with the
current Utility Billing System.
The option should be realistic in terms of cost.
The Director of Finance recommended that Council transfer
$2,100.00 from the FY89 Budget - Equipment Replacement, Account No.
001-002-9410-2202, to Fees for Professional Services, Account No. 001-
004-1232-2010, and $12,800.00 from FY89 Budget - Equipment Replacement,
Account No. 001-002-9410-2202, to Furniture and Equipment, Account No.
001-004-1232-9005, for a total appropriation to Billings and Collec-
tions of $14,g00.00, in order to implement this important improvement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29344)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 18.)
487
m
ACTION:
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29344. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None ......
(Council Member Musser was absent.)
CITY ATTORNEY:
ENDANGERED SPECIES: The City Attorney submitted a written report
transmitting a Resolution requesting the federal government to share in
additional costs for community projects addressing needs along and
crossing the Roanoke River and Tinker Creek in the event that the
Roanoke Logperch is designated as an endangered species.
(For full text, see report and Resolution on file in the City Clerk's
Office.)
Mrs. Bowles offered the following Resolution:
"A RESOLUTION requesting the federal government to share in addi-
tional costs for community projects addressing needs along and crossing
the Roanoke River and Tinker Creek in the event that the Roanoke
Logperch is designated as an endangered species."
Mrs. Bowles moved the adoption of the Resolution. The motion was
seconded by Mr. Trout.
Mr. Bowers advised that it was his understanding that he would
have an opportunity to meet with the City Manager prior to Council
acting on the Resolution to discuss the question on holding a public
hearing. He said he was concerned with a paragraph in the proposed
measure in which it was stated that Council's concern is not whether
such designation of the Logperch as an endangered species will occur.
He added that Council's concern for such designation was rather loudly
expressed at the Council meeting which was held on Monday, October 17,
1988. He spoke in favor of holding a public hearing in order that
interested persons would be given the opportunity to come forth and
express their concerns. He also spoke in favor of either continuing
the matter or amending the resolution to state that Council is con-
cerned that the Roanoke Logperch will be designated as an endangered
species.
Following discussion of the matter, Mr. Bowers offered a substi-
tute motion that the City Attorney be requested to revise the
resolution to contain stronger language to the effect that Council is
concerned about the designation of the Roanoke Logperch as an
endangered species from the standpoint of the environmental impact as
well as the financial impact. The motion was seconded by Mr. Trout and
adopted.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member Robert A. Garland,
Chairman of a committee appointed by the Mayor to tabulate bids
received for construction of Williamson Road Storm Drain, Phase
Contract II-C and Williamson Road West Sanitary Sewer (Upper Seg~nt),
presented a written report on behalf of the committee recommending the
following:
Award of a unit price contract to Aaron J. Conner,
General Contractor, Inc., in the amount of
$1,406,977.35, in a form acceptable to the City
Attorney.
Authorize the establishment of a ten per cent con-
tingency fund for the project in the amount of
$140,697.74.
488
ACTION:
Authorize the Director of Finance to transfer or
appropriate the following sums from the following
accounts to a new project account entitled
"Williamson Road Storm Drain/Sanitary Sewer,
Phase 2, Contract II-C, Upper Segment" to be
designated by the Director of Finance:
Transfer from Williamson Road
East Sanitary Sewer
Account No. 003-056-8423-9065
$ 44,329.00
Appropriate from Sewer Fund
Previous Years' Retained Earnings
553,614.17
TOTAL $597,943.17
Authorize the Director of Finance to transfer the
following sums from the following accounts to a
new project account entitled "Willtamson Road Storm
Drain/Sanitary Sewer, Phase 2, Contract II-C, Upper
Segment" to be designated by the Director of
Finance:
Transfer from Willtamson Road
Storm Drain, Phase I, Contract II
Account No. 008-052-9554
$154,102.81
Transfer from Public Improvement
Bonds, Series 1985
Account No. 008-052-9577-9176
426,088.00
Transfer from Williamson Road
Storm Drain
Account No. 008-052-9552
189,679.00
Transfer from Capital Improvement
Reserve
Account No. 008-052-9575-9179
179,862.11
TOTAL $949,731.92
The combined appropriated and transfer of storm
drain and sewer funds shall be $1,547,675.09
including $1,406,97/.35 contract amount and
$140,697.74 project contingency.
Reject all other bids received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29345) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 19.)
Mr. Garland moved the adoption of Ordinance No. 29345. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor ........................................... 6.
NAYS: None ........... O.
(Council Member Musser was absent.)
ACTION:
Mr. Garland offered the following emergency Ordinance:
(#29346) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for construction of Willtamson Road Storm
Drain, Phase 2, Contract II-C and Wtlltamson Road West Sanitary Sewer
(Upper Segment), upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 20.)
Mr. Garland moved the adoption of Ordinance No. 29346. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick, Garland
and Mayor Taylor--- . ........6.
NAYS: None .... - ......... O.
(Council Member Musser was absent.)
YOUTH: Mrs. Corinne B. Gott, Chairman, Youth Services Citizen
Board Youth Adolescent Pregnancy Task Force, appeared before Council
and presented a report and recommendations of the Task Force, as
follows:
The task force recon~ends that the Better
Beginnnings Coalition of the Roanoke Valley
serve as the primary vehicle for con~nunication
and coordination among agencies who address
the concerns of adolescent pregnancy.
The task force recommends that the City of
Roanoke, Roanoke City School Board, and the
Better Begt nnt rigs Coal t ti on cooperati rely
develop and implement a plan of action to
increase the public's awareness of adolescent
pregnancy in Roanoke, Virginia. The task
force encourages the City, School Board, and
Better Beginnings to utilize existing public
and private resources in developing a campaign
which will increase the citizens knowledge of
the adolescent pregnancy issue, available pre-
vention services and resources for preg)lant
and parenting adolescents.
lhe task force challenges the City of Roanoke
and the Roanoke City School Board to develop
policies and strategies to provide comprehen-
sive school-based health care services for
adolescents in junior and senior high schools
and reconmmnds that, by the 19g0-91 school
year, registered nurses, nurse practitioners,
and doctors be available to all junior and
senior high schools to address students' medi-
cal questions and concerns quickly and effi-
ciently.
The task force recon~nends that the Roanoke
City School Board establish a con~nittee to re-
evaluate the curriculum and activities of the
School for Pregnant Teens (TAMS Program). The
task force has concluded that the current
limited curriculum may deter some pregnant
students from enrolling. Policies and program
which promote the completion of high school
pregnant and parenting adolescents should be
encouraged throughout the school systems.
489
49O
The task force recommends that the City of
Roanoke and the Roanoke City School Board
establish a committee to conduct a study of
child care services for parenting students
including those enrolled in the School for
Pregnant Teens and in their home school. The
task force found that some parenting students
have problems securing quality, affordable
child care for their children. The task force
recognizes that day care is an essential part
of any educational pursuits on the part of
young mothers.
The task force recommends that the City of
Roanoke advocate for state and federal poli-
cies that are compatible with the needs of
pregnant adolescents and adolescent parents.
The task force suggests that the appropriate
City officials communicate to elected offi-
cials how state and federal policies can be
updated to enhance the quality of life for
pregnant adolescents and adolescent parents.
e
The task force recommends that the City of
Roanoke re-evaluate and address after-school
and summer recreational opportunities
appealing to young adolescents is of par-
ticular concern.
The task force recommends that City of
Roanoke's Office on Youth establish an ongoing
committee to monitor the status of the recom-
mendations cited in this report. The task
force suggests that representation from Better
Beginnings be included on this follow-up com-
mittee.
Mr. Trout referred to Recommendation No. 3 with regard to the pla-
cement of registered nurses, nurse practitioners and doctors in all
junior and senior high schools to address medical questions and con-
cerns of students quickly and efficiently by the school year 1990-91,
and suggested its inclusion in the 1990 Legislative Program. He called
attention to the difficulty in securing funds from the Con~nonwealth of
Virginia for these types of programs.
Ms. Carolyn Reas, a member of Virginians for Family Values,
appeared before Council and advised that she was told by the Crisis
Pregnancy Center that they were not asked to provide input into the
report. She referred to the following three available programs which
are absttnance based:
Sex Respect which has been placed before the
various School Boards. Six schools throughout
the nation are using Sex Respect and they have
)'eported positive results.
Lamo which is being used successfully in
P--~sfleld, Massachusetts. Lamo is an elemen-
tary program involving parents and families
which is age appropriate and stresses the
dignity and value of the child.
Teen Aid used in San Marcos, California.
After using Teen Aid for two years in the
schools, a significant reduction of teen
pregnancies was reported.
Ms. Reas pointed out that the programs have had successful posi-
tive results and she wanted to convey to Council that there are posi-
tive solutions available which may be investigated and incorporated
into the Roanoke program.
ACTION:
Ms. Ileta Ripple, a member of Virginians for Family Values,
appeared before Council and expressed concern about Recommendation No.
3 with regard to school based health clinics, and requested that
Council seek the input of individuals who do not feel that school based
health clinics are the proper way to go with valid reasons.
Following discussion of the recommendations, Mr. Trout moved that
the report be taken under advisement and referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Garland and adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 5:25 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
At 4:55 p.m., Council Member Musser entered the meeting during the
Executive Session.
SALE/PURCHASE OF PROPERTY-HISTORIC LANDMARKS: Mr. Garland moved
that Council authorize the City Manager to extend an offer to purchase
the properties known as 118, 120, 122 and 124 Campbell Avenue, S. W.,
upon the following terms and conditions:
Not more than $164,000.00 be paid for 120 and
122 Campbell Avenue, S. W.
e
The City's property at 124 Kirk Avenue, S. W.,
be traded for 118 and 124 Campbell Avenue,
S. W.
The total consideration, including exchanged
property paid by the City for the property at
118, 120, 122 and 124 Campbell Avenue, S. W.,
shall not exceed $400,000.00.
The property at 124 Kirk Avenue, S. W., be
leased back by the City for $2,072.22 per
month for a term not to exceed two years.
The City's grant award of $100,000.00 from the
State Division of Historic Landmarks be used
to defray the City's cash contribution to this
transaction.
The other terms and conditions of this tran-
saction shall be as negotiated by the City
Manager and the terms and conditions shall be
reduced to a contract or contracts approved as
to form by the City Attorney.
Any and all contracts shall be subject to
final approval of City Council by Ordinance
duly adopted pursuant to the City Charter.
491
ACTION: The motion was seconded by Mrs. Bowles.
492
ACTION:
Mr. Trout advised that he had served as a member of City Council
since 1968 and this represents the time that a City Council has placed
itself in a position of authorizing an expenditure of more than $1
million without a recommendation from the City Manager or the Director
of Finance. He added that he was aware of the fact that Council was
acting on an emergency, but pointed out that Council has known about
this emergency for approximately eight months, therefore, the City
Manager has had ample time to research, develop a cost and make a
recommendation to Council; however, he did not do so.
With regard to acquiring property for a purpose, Mr. Trout said he
was of the opinion that if there is such a purpose and money is to be
expended, condemnation proceedings should be used to remove any cloud
of suspicion over payment. He stated that Council is the guardian over
expenditures; however, when buildings are acquired without an estimate
on renovation or a determination as to which offices or persons are to
occupy the structure(s), one is gambling with taxpayers money.
Mr. Trout noted that the City will be confronted with projects in
the coming year that are of a priority nature, advising that he would
like to save the buildings in question; but Council has the respon-
sibility of appropriating funds for education, and expenses in connec-
tion with the landfill and the Trade Center, etc. In closing, he
stated that it is the wrong time to expend money on a purchase that has
no recommendation from the City Manager or the Director of Finance.
Mr. Musser advised that fiscal year 1988-89 started off with a
question about how the budget would be balanced, and the task was
accomplished with some help from the General Assembly and a con-
siderable amount of work by the City and School administrations. He
expressed concern about how the budget will be balanced for fiscal year
1989-90, as well as funding for other projects that are forthcoming.
He said if the City was in the proper financial posture, he would not
object to the purchase of the buildings, however, the City cannot come
to the aid of every property owner who uses the threat of demolition.
Mr. Garland advised that it would be unfair to characterize the
administration as not having done all it could in regard to the
purchase of the properties, noting that the administration came to
Council with three options, all of which were unacceptable. He said he
believes that every member of Council would have regrets in the future
if the buildings were allowed to be demolished, adding that it is in
the best interest of the City to save as much of its heritage as
possible.
The motion offered by Mr. Garland, seconded by Mrs. Bowles was
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland and Mayor
Tayl or ........... ---4.
NAYS: Council Members Musser and Trout .........
(Council Member Bowers abstained from voting.)
ZONING-HISTORIC LANDMARKS: Council Member Robert A. Garland spoke
in favor of reconsidering Ordinance No. 29330 which was unanimously
defeated on second reading at the regular meeting of Council on Monday,
October 17, 1988. He said the City Attorney has researched the matter
to determine what action needs to be taken in order to bring the
Ordinance again before the Council and referred to a communication from
Mr. Dibling in which it was stated that he was of the opinion that
Council could reconsider its action on second reading of Ordinance No.
29330, which was labeled K-2, inasmuch as Rule 10 of the City Charter
provides that any member voting with the majority may move for a recon-
sideration of a question at the same or succeeding meetings.
The City Attorney explained that since Ordinance No. 29330 failed
on second reading, any member of City Council who voted would be a
member of the majority who could move for reconsideration, advising
that reconsideration and approval of the property included in Ordinance
No. 29330, for historical designation, has the advantage of protecting
those properties from demolition or serious exterior alterations while
those properties not included in Ordinance No. 29330 are being
reviewed.
'm
m
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Garland moved for a reconsideration of Ordinance No. 29330.
The motion was seconded by Mr. Bowers.
Mr. Musser mentioned the possibility of considering the Ordinance
labeled K-1 which included all of the properties recon~nended by the
City Planning Commission; whereupon, the City Attorney advised that
there were three ordinances which were included in the agenda material
of Monday, October 10, 1988; viz: Ordinance K, Ordinance K-1 and
Ordinance K-2; that Ordinance K included all those properties recom-
mended by the City Planning department staff, that Ordinance K-1
included all those properties recommended by the City Planning
Commission, and Ordinance K-2 included all those properties less the
Patrick Henry Hotel, and it was Ordinance K-2 which was adopted on
first reading and defeated on second reading. He further advised that
neither Ordinances K or K-1 have been considered by City Council; that
it is not possible for Council to consider Ordinance K or Ordinance K-1
at this time inasmuch as Section 62, Subsection 4, of the City Charter
requires that no property may be rezoned except after a public hearing
at which time all interested parties are accorded the opportunity to
appear and make public comment with respect to the Ordinance. He
explained that at the public hearing which was held on Monday, October
10, 1988, a number of persons appeared who were either owners or repre-
sentatives of owners of properties that were not included in the
Ordinance labeled K-2 and those persons were told that their properties
were not being considered at the public hearing and they declined,
justifiably, to participate in the public hearing; therefore, there has
been no public hearing with respect to the properties listed in
Ordinances K and K-1.
The motion to reconsider Ordinance No. 29330, on second reading,
was adopted.
Mr. Garland offered the following Ordinance for its second reading
and final adoption:
(#29330) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 101 and 401, Sectional 1976
Zone Map, City of Roanoke, to designate certain property within the
downtown area of the City as H-l, Historic District.
(For full text of Ordinance, see Ordinance Book No. 51, page 12.)
Mr. Garland moved the adoption of Ordinance No. 29330 on second
reading. The motion was seconded by Mr. Bowers and adopted by the
fol 1 owtng vote:
AYES: Council Members Bowers,
Trout and Mayor Taylor .........
Bowles, Fitzpatrick, Garland,
6.
NAYS: Council Member Musser .......
TRAFFIC: The Mayor advised that the four year terms of Julian H.
Raney, Jr., and W. W. S. Butler, III, as members of the City of Roanoke
Transportation Safety Commission expired on October 1, 1988; that Mr.
Raney has declined to serve a~other term and called for nominations to
fill the vacancy.
Mr. Garland placed in nomination the name of W. W. S. Butler, III.
There being no further nominations, Dr. Butler was reelected as a
member of the City of Roanoke Transportation Safety Commission for a
temof four years, ending October 1, 1992, by the following vote:
FOR DR. BUTLER: Council Members Trout, Bowers, Bowles,
Fitzpatrick, Garland, Musser and Mayor Taylor ....... 7.
493
494
There being no further business, the Mayor declared the meeting
adjourned at 5:50 p.m.
APPROVED
ATTEST:
City C1 erk
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 7, 1988
2:00 p.m,
495
The Council of the City of Roanoke met in regular meeting in tile
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 7, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetin~_~_, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~l-(JTi)-F, as amended.
PRESENT:
Bowers, Beverly
Taylor .........
Council Members Howard E. Musser, James O. Trout, David A.
T. Fitzpatrick, Jr., Robert A. Garland and Mayor Noel C.
ABSENT: Council Member Elizabeth T. Bowles
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; William X Parsons, Assistant City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Father Nicholas G. Bacalis,
Priest, Holy Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, con~nissions and comnittees
appointed by Council, and a legal matter within the jurisdiction of the
public body.
MINUTES: Minutes of the regular meetings of Council held on
Monday, July 11, 1988, and Monday, July 25, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. -6.
NAYS: None .......... -0.
(Council Member Bowles was absent.)
COUNCIL: A con~nuntcation from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (lg50),
as amended, was before the body.
(For full text, see co--un{cation on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and comnittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
496
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ...................................... 5.
NAYS: None .....
(Council Member Bowles was absent.)
COUNCIL: A report of the City Manager, Director of Finance and
Director of Utilities and Operations requesting an Executive Session to
discuss a matter pertaining to other legal matters within the jurisdic-
tion of the public body, pursuant to Section 2.1-344 (a) (7), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager, Director of Finance and Director of Utilities and Operations
to convene in Executive Session to discuss a matter pertaining to other
legal matters within the jurisdiction of the public body, pursuant to
Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None--
(Council Member Bowles was absent.)
COMPLAINTS-PARKING GARAGE: The City Manager submitted a written
report advising that Council received a petition from individuals using
the Municipal Parking Garage on September 12, 1988, with regard to:
elevator mal functions
cleanliness
security
parking fees.
It was further advised that the petition was referred to the City
Manager for evaluation and report to Council, noting that APCOA, Inc.,
manages and operates the parking garage for the City, and the Director
of Utilities and Operations has met with the Regional Manager,
Southeast Region, APCOA, relative to the matter.
The City Manager pointed out that the cleaning program, which is
the responsibility of APCOA, has been revised and approved by the City
after recommendations from City custodial services personnel, and a
Daily Maintenance Report will be followed by the Municipal Parking
Garage; that communications and information have been sent to indivi-
duals who appeared before Council in regard to the parking garage; that
a work order has been submitted to Building Maintenance for improve-
ments to parking facilities; and APCOA, Inc., has hired professional
cleaners to help clean the Municipal Parking Garage.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- . ....... 6.
NAYS: None--
(Council Member Bowles was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
October 24, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
497
ACTION: Mr. Trout moved that the pending list be received and ftled, The
motion was seconded by Hr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................. 6.
NAYS: None ................
(Council Member Bowles was absent.)
'1
YOUTH: A report of qualification of Wallace I. Allen as a member
of the Youth Services Citizen Board for a term of three years, ending
May 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The morton was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................................ 6.
NAYS: None ........
(Council Member Bowles was absent.)
ARCHITECTURAL REVIEW BOARD: A report of qualification of
Timothy L. Jamteson as a member of the Architectural Review Board for a
term of four years, ending October 1, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
,-m
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol 1 owl ng vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None .............
(Council Member Bowles was absent.)
BUILDING DEPARTMENT: A report of qualification of Lynn D. Avis as
a member of the Board of Adjustments & Appeals, Building Code, for a
term of five years, ending September 30, 1993, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol lowing vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. 6.
NAYS: None ............... O.
(Council Member Bowles was absent.)
TRAFFIC: A report of qualification of Harold S. Zimmerman and
Lewis W. Peery as members of the City of Roanoke Transportation Safety
Commission for terms of four years each, ending October 31, 1992, was
before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Offi ce. )
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol lowing vote:
498
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....................... 6.
NAYS: None .............
(Council Member Bowles was absent.)
INDUSTRIES: A report of qualification of Sam H. McGhee, III, as a
Director of the Industrial Development Authority for a term of four
years, ending October 20, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ §.
NAYS: None ......... O.
(Council Member Bowles was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-PUBLIC ASSISTANCE (HOMELESS)-TOTAL ACTION AGAINST POVERTY
IN THE ROANOKE VALLEY: Council Member James O. Trout presented a com-
munication advising that the Shaffer's Crossing Transitional Living
Center (TLC) for the homeless is an important milestone in the com-
munity's commitment to serve the needs of homeless citizens searching
for a way to get back on their feet; that the TLC is at present the
only facility of its kind in the state providing up to 100 residents 18
months to get back on their feet, and it is the only facility whose
operation is guided by an appointed local steering committee insuring
full coordination of local services.
It was further advised that TAP has received a $849,247.00 co~m~it-
merit from HUD over five years for one-half of the operation's cost;
that after a $120,000.00 state appropriation match fell through, TAP
has raised all but $30,000.000 of the match, including a commitment of
$10,000.00 made by the Mayor at the ribbon cutting ceremony, and a
$10,000.00 appropriation by the Roanoke County Board of Supervisors;
and of the required $168,273.00 of local match, $138,273.00 has been
raised.
Mr. Trout advised that it is extremely important to the City that
the $849,000.00 of Federal funds not be jeopardized by a failure to
raise the remaining $30,000.00; that after investigating the matter, he
was apprised by the TAP Planning Department that another $10,000.00 of
contributions is anticipated, leaving a balance of $20,000.00 to be
raised by the middle of November, when letters of commitment must be
received in the HUD offices.
Mr. Trout further advised that it was his hope that Council would
commit the funds necessary to ensure the security of the Federal five
year grant and the full operation of the Transitional Living Center
inasmuch as the winter months are ahead when citizens are most
vul nerabl e.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager,
Director of Finance and City Attorney for preparation of the proper
measure. The motion was seconded by Mr. Musser and unanimously
adopted.
499
INDUSTRIES: A communication from Mr. Robert E. Glenn, Attorney,
representing the Industrial Development Authority of the City of
Roanoke, requesting Council's concurrence in an Inducement Resolution
adopted by the Industrial Development Authority of the City of
Lynchbur§, Virginia, allowing Community Hospital of Roanoke Valley to
participate in a $61,000,000.00 Variable Rate Hospital Revenue bond
issue, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29347) A RESOLUTION in which the City Council of the City of
Roanoke indicates its concurrence to the participation by Community
Hospital of Roanoke Valley in a bond financing issued through the
Industrial Development Authority of the City of Lynchburg, Virginia, on
May 23, 1985.
(For full text of Resolution, see Resolution Book No. 51, page 21.)
ACTION: Mr. Trout moved the adoption of Resolution No. 29347. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, and
Mayor Taylor ............ 5.
NAYS: None--- O.
(Council Member Bowles was absent.) (Council Member Garland abstained
from voting inasmuch as he is employed by Community Hospital of Roanke
Valley.)
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
m
Grant No. 6944 - $51,600.00 for the Family Life
Education Program to provide for
the development and implementation
of family life curriculum. The
Program is one hundred per cent
funded by state monies.
Grant No. 6945 - $6,250.00 for the 1989 Western
Virginia Regional Science Fair
which is being hosted by Roanoke
City. School Districts will
contribute toward the cost of the
fair, with a local match cost to
Roanoke City Schools in the amount
of $1,600.00.
(For full text, see communication on file in the City Clerk's Office.)
m
A report of the Director of Finance advising that he has reviewed
the request to appropriate grant funds for the School Board; that the
Family Life Education Grant is 100 per cent state funded; that the
Western Regional Science Fair is funded with contributions from other
school districts and a $1,600.00 local match; that funding for the
local match is available in the Instruction category of the General
Fund Education budget in Account No. 001-060-6001-6311-0588 (Matching
Funds); and recommending that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29348) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 22.)
500
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29348. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............ 6.
NAYS: None ............ O.
(Council Member Bowles was absent.)
REPORTS OF OFFICERS:
CITY b~NAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-INSURANCE: The City Manager submitted a written
report advising that the present Comprehensive Health Insurance
contract with Blue Cross and Blue Shield of Virginia expires on
December 31, 1988; that the City currently contributes 90 per cent
toward the single employee rate; that specifications were developed to
obtain competitive proposals for the City's Group Health Insurance;
that a request for proposals was completed which included one and two
year contracts for the existing Health Insurance Plan and three
optional plans including dental coverage, with all plans emphasizing
cost containment and/or enhancement of benefits; that 38 agents/brokers
were mailed Requests for Proposals on August 24, 1988; that advertise-
ment of the Request for Proposals was published in the Roanoke Times &
World-News on August 28, 1988; and six responses were received and
~ublicly opened at 2:00 p.m., on Friday, September 23, 1988, in the
Council's Conference Room.
It was explained that current medical costs have escalated in
recent years causing a direct increase in health insurance premiums;
that health insurance providers are projecting a 19-24 per cent
regional cost trend increase in 1989 assuming a break even situation
between premiums and claims experience; that claims experience for the
City of Roanoke in the first seven months of 1988 was marginally below
the level of premiums for the same time period, which is an indicator
that employees have made a conscious effort to use health care benefits
wisely; that the cost containment features in the current plan are
starting to have a positive impact; and claims paid out in the first
seven months of this calendar year were $1,362,018.00 compared to
$1,494,863.00 in premiums.
It was stated that a Health Benefits Awareness Committee was
appointed by the City Manager on August 9, 1988; that the objectives of
the committee were to con~nunicate employee needs and to serve as an
employee advocate for health maintenance and cost efficient use of the
City's health care plan; and suggestions were made by the Health
Benefits Awareness Committee based on educational information provided
to the committee by the City's Health Benefits Consultant and Personnel
Management staff.
The City Manager pointed out that he appointed a Bid Committee to
evaluate d bythe current situation, review proposals and make recommen-
dations, which consisted of the Director of Finance, the Director of
Administration and Public Safety, the Manager of Personnel Management
and the Benefits Coordinator; that initial evaluations were made by the
Bid Committee and the Department of General Services on the six propo-
sals; and three proposals met specifications on one year contracts, two
proposals offered administrative services only which would require the
City to assume all financial risk through a self-insured program, and
one proposal offered dental coverage only.
Mr. Herbert noted that the City Attorney ruled that in accordance
with the City of Roanoke Procurement Code, negotiations are permissible
under Section 23.1-6 for the procurement of Health Insurance Services;
that informational meetings were called with four health care companies
501
m
:m
ACTZON:
meeting bid specifications to provide enough comparable data to rank
the companies; that suggestions of the Health Benefits Awareness Com-
mittee and the City's Benefits Consultant were endorsed by the Bid
Committee inasmuch as this approach provides for high quality health
care coverage at a reasonable cost; and negotiations were conducted
with the first ranked vendor, Blue Cross and Blue Shield of Virginia,
for health insurance and with Delta Dental Plan of Virginia, the first
ranked for dental insurance, following the guidelines of the City's
Procurement Code.
The City Manager recommended the following:
Council approve the award of the contract for
Health Care Insurance to Blue Cross and Blue Shield
of Virginia for the period of one (1) year
beginning January 1, 1989, and ending December 31,
1989, for the coverage and rates described under
Alternative A of the report, and under the terms
and conditions contained in the City's present
contract with such firm, except as otherwise noted
in said report, and authorize the City Manager to
execute the same in form as approved by the City
Attorney and with the understanding that Blue Cross
and Blue Shield of Virginia provide the City
Manager with said contract, ready for execution no
later than December 15, 1988.
Council approve the award of the contract for
Dental Insurance to Delta Dental Plan of Virginia
for the period of two (2) years beginning January
1, 1989, and ending December 31, 1990, for coverage
and rates described under Alternative A of this
report and authorize the City Manager to execute
the same with the understanding that Delta Dental
Plan of Virginia provide the City Manager with said
contract ready for execution no later than
December 15, 1988.
Council approve Alternative A and increase the
City's participation from $78.00 per employee per
month to $96.00 per employee per month beginning in
December of 1988. Funding of $150,000.00 was anti-
cipated during the Fiscal Year 1989 Budget Study
and provided in the H.I.R.F.B. Account. The addi-
tional funding of $26,950.00 should be transferred
from the General Fund Contingency, Account No.
001-002-9410-2199, to Fringe Benefits Non-Depart-
mental, Account No. 001-004-9110-1125.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29349)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 23.)
Mr. Musser moved the adoption of Ordinance No. 29349. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............................. 6.
NAYS: None ...............................
(Council Member Bowles was absent.)
502
ACTION:
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#29350) AN ORDINANCE authorizing the execution of a contract and
related documents with Blue Cross and Blue Shield of Virginia to pro-
vide group hospitalization and health insurance for employees of the
City and members of their families; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 23.)
Mr. Musser moved the adoption of Ordinance No. 29350. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor--- 6.
NAYS: None--- O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29351) AN ORDINANCE authorizing the execution of a contract and
related documents with Delta Dental Plan of Virginia to provide group
dental insurance for employees of the City and members of their fami-
lies; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 24.)
Mr. Garland moved the adoption of Ordinance No. 29351. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
HOUSING: The City Manager submitted a written report advising
that the Gainsboro Project Area Committee (PAC) and Gainsboro
Neighorhood Development Corporation (GNDC) have been subgrantees of the
City since July 1981 under the Community Development Block Grant
(CDBG); that GNDC owns property (seven structures and eight lots)
purchased with CDBG funds; that Federal regulations require that upon
expiration of the funding agreement between the Grantee (City) and the
Subgrantee (Gainsboro), CDBG assets shall revert to the Grantee (City);
and any real property that was acquired or improved by a subgrantee
with CDBG funds in excess of $25,000.00 must either be:
Used to meet one of the national objectives of
HUD until five years after expiration of the
respective funding agreement, or
e
Disposed of in a manner that results in the
City's being reimbursed in the amount of the
current fair market value of the property less
any portion of the value attributable to
non-CDBG funds. (Reimbursement is not
required after the five year period of time.)
It was explained that the contractual agreement between the City
of Roanoke and Gainsboro (GNDC) will expire on December 31, 1988; that
GNDC wishes to retain ownership of property and to retain income from
the property to support a neighborhood center; that use of the property
(occupancy by low and moderate income families) would remain the same
which would satisfy a HUD requirement of meeting one of the national
objectives; and GNDC has developed a property disposition and manage-
ment plan which addresses the sale of some property, continued rent of
some property, and costs for management, maintenance, and operation of
the community center.
503
m
ACTION:
The City Manager recommended that he be authorized to execute a
close-out agreement with Gainsboro PAC and GNDC as specified in
Attachment C to the report, advising that the agreement prescribes what
is to be done with four properties whose CDBG investment exceeds
$25,000.00, and the remaining property would remain in ownership of
GNDC, free and clear, following expiration of the contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. George H.R. Heller, GNDC Administrator, appeared before
Council and advised that the Gainsboro PAC and GNDC have been in con-
sultation with City staff for approximately one year and PAC, GNDC and
the City are in accord with the proposed close out. He said PAC and
GNDC look forward to the challenge of completing the Gainsboro Project,
and will come to Council from time to time with plans for development
in conjunction with City staff.
Mr. Trout offered the following emergency Ordinance:
(#29352) AN ORDINANCE authorizing the appropriate City officials
to execute on behalf of the City a close-out agreement with the
Gainsboro Project Area Con~nittee and the Gainsboro Neighborhood
Development Corporation as subgrantees of the City under the Comnunity
Development Block Grant, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 25.)
Mr. Trout moved the adoption of Ordinance No. 29352. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .............. 6.
NAYS: None ............ O.
(Council Member Bowles was absent.)
BUDGET-UTILITY LINE SERVICES: The City Manager submitted a writ-
ten report advising that funding is available, in the amount of
$19,200.00, in the Internal Service Fund retained earnings for opera-
tional and maintenance capital needs; that equipment replacement/
purchase needs exist to efficiently and effectively support and con-
tinue 24 hour sewer and water service to the public; and equipment
replacement/purchase needs identified for fiscal year 1988-89 are as
follows:
land purchase development (soil)
disposal site)
flashing arrow sign
expendable tools ( $500.00 each)
pavement breakers (3)
communication equipment (beepers) (2)
hydraulic root cutter
$ 1,000.00
5,200.00
5,000.00
4,500.00
2,000.00
1,500.00
$19,200.00
The City Manager recon~nended that Council authorize appropriation
of $19,200.00 from Internal Service Fund previous years' retained ear-
nings to Utility Line Services accounts, as follows:
Account Number
Account Title
Amount of Transfer
006-056-2625-9015
006-056-2625-9050
006-056-2625-2035
Other Equipment
Land Purchases
Expendable Equipment
($500.00 each)
$ 14,700.00
1,0DO.O0
3,500.00
(For full text, see report on file in the City Clerk's Office.)
504
ACTION:
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#29353) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Internal Service Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 25.)
Mr. Musser moved the adoption of Ordinance No. 29353. The motion
was seconded by Mr. Garland and adopted by the roi)owing vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None .................. O.
(Council Member Bowles was absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that funds are allo-
cated annually for each locality in Virginia to administer Adult
Literacy Programs through a bid process with the State; that the funds
are available to public schools and agencies; that bidders interested
must submit letters of intent and complete applications for each juris-
diction they intend to serve to the Department of Education, Adult
Education Division; that Total Action Against Poverty submitted appli-
cations to provide Adult Literacy training to all eight jurisdictions
within the Fifth Planning District; that the Department of Education
approved funding for TAP to serve Roanoke and Alleghany Counties, as
well as the Cities of Salem, Covington and Clifton Forge; and three
school divisions in Roanoke City, Craig and Botetourt Counties elected
to serve their own designated service area.
It was explained that funding for the project is contingent upon
the Consortium agreeing to receive, administer and contract the funds
to TAP; that the Private Industry Council and Policy Board of the
Consortium have approved this arrangement, which is no different
than any other contractual agreement the agency enters into, with the
exception of the different funding source; that the Consortium has
received notification of the grant award from the State Department of
Education, in the amount of $50,109.00, to administer an Adult Literacy
Project within certain jurisdictions of the Fifth Planning District;
and the City of Roanoke is the grant recipient for Consortium funding
and Council must appropriate the funding for all grants the Consortium
receives.
The City Manager recon~ended that Council appropriate $50,109.00
of Consortium funding and establish a revenue estimate of $50,109.00 in
accounts to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29354) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Consortium Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 26.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29354. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ 6.
NAYS: None ..........
(Council Member Bowles was absent.)
505
m
BUDGET-CITY EMPLOYEES-WORKERS' COMPENSATION: The City Manager
submitted a written report advising that the Virginia Workers'
Compensation Act, Section 65.1-47.1, provides for the presumption as
to death or disability from hypertension or heart disease for police
officers, fireftghters, and deputy sheriffs; and Section 65.1-54 allows
entitlement of 66 2/3 per cent benefits of average weekly wages during
periods of full incapacitation.
It was further advised that the claimant, born in 1944, sustained
a heart attack in October, 1987 while in his capacity as a Senior
Police Officer; that full job related disability was granted by the
Roanoke City Employees' Supplemental Retirement System in December,
1987; and potential liabilities of the claim, to be paid from the
Workers' Compensation Act and the City's Pension Plan, are estimated to
be the following cumulative amounts:
$184,341.00 under remaining workers' compensation
benefits (until May, 1997).
$332,588.00 by age 60.
$530,250.00 by age 70.
It was pointed out that annuities to provide guaranteed monthly
payments to workers' compensation claimants are available through
insurance companies; that the claimant will agree to waive all claims
under the Workers' Compensation Act and City Pension Plan in lieu of
guaranteed annuity payments; that Workers' Compensation claims, for
fiscal year lg88-89 are budgeted at $300,000.00 for compensation and
$300,000.00 for medical payments; and current unfunded liabilities for
cases which are subject to provisions of Section 65.1-47 of the
Workers' Compensation Act is estimated at 2.6 million dollars (effects
upon the retirement system are not included).
The City Manager advised that bid proposals for annuities were
developed and sent to 23 insurance firms; that a Request for Proposals
requires pricing for two annuities, one for $1,200.00 compensation and
one for $300.00 medical expense, each to be paid to the claimant on a
monthly basis for life; that the Requests for Proposals were to be sub-
mitted by 2:00 p.m., October 31, 1988, in the Office of General
Services; that costs incurred by the City from any single claim may
exceed $500,000.00 in total from compensation, medical expenses under
workers' compensation, and benefits entitlement from the City of
Roanoke Pension Plan; and the Code of the City of Roanoke, 1979,
Section 22.1-52, Lump Sums and Section 22.1-71, Lump Sums, currently
limits lump sum payments for retirement benefits to those who are
entitled to monthly benefits of $50.00 or less.
The City Manager reco~mnended that Council authorize an agreement
with the claimant, subject to final approval by the Virginia Industrial
Commission; that the agreement will provide for two annuities, payment
of $10,000.00 lump sum, and continued obligation of the City to pay for
major surgery required by disability; and the claimant will agree to
waive all claims under the Workers' Compensation Act and the City
Retirement System, said agreement to be approved by the City Attorney.
It was further recon~ended that Council approve the purchase of
annuities from McDonough Capterton Insurance Group/Davis & Stephenson,
in the amount of $147,460.00, to provide guaranteed monthly payments of
$1,200.00 and $300.00 for ten years, and thereafter, for as long as
the claimant shall live; and that Council appropriate $78,730.00 from
the General Fund Balance designated for insurance claims to Account No.
001-004-9110-1135, Workers' Compensation Wages.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29355)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 27.)
506
ACTION:
ACTION:
ACTION:
Mr. Bowers moved the adoption of Ordinance No. 29355. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................... 6.
NAYS: None ................
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29356) AN ORDINANCE authorizing the appropriate City officials
to execute an agreement providing for the settlement of a Workers'
Compensation and disability retirement claim and authorizing the
purchase of annuities to provide a portion of the funding of such
agreement, subject to the approval of the Virginia Industrial
Commission; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 27.)
Mr. Bowers moved the adoption of Ordinance No. 29356. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .... §.
NAYS: None ........................
O.
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29357) AN ORDINANCE amending and reordatning §22.1-52, ~
sums,, and §22.1-71, Lump sums, of the Code of the City of Roanoke
{1979), as amended, to provide that lump sum payments may be made to
disability retirees under certain circumstances; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 28.)
Mr. Bowers moved the adoption of Ordinance No. 29357. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ...................... $.
NAYS: None .......................
(Council Member Bowles was absent.)
DONATIONS-DOWNTOWN ROANOKE-TRADE AND CONVENTION CENTER: The City
Manager submitted a written report advising that the Trade and
Convention Center Task Force has been studying, among other things,
location for the Trade and Convention Center, and questions related to
financing and operation of the Center; that Norfolk Southern
Corporation, and Dominion Bankshares, among others, have been studying
their future office needs; that the Henry Street plans as well as the
Music Center plans have been studied independently; and the First
Street Brtdge/Gainsboro Road/Wells Avenue road planning project has
been going on independently.
It was further advised that the need for communication and coor-
dination through a joint effort to prepare a master plan for the entire
17 acre area in the northern part of downtown has become important in
order to produce a plan that is in the best interest of the con~nunity
as a whole; that the City of Roanoke has been requested to support this
master development plan in cooperation with the Norfolk Southern
Corporation and Dominion Bankshares Corporation; that the City has been
asked to contribute $40,000.00 toward the plan, or one-third of its
cost; that funding is available in the Civic Center fund account, Trade
and Convention Center Study; and RTKL, an urban design firm from
Baltimore, Maryland, has been selected by Downtown Roanoke, Inc., to be
the contracting agent for the Master Plan.
5O7
The City Manager recon~ended that Council approve a contribution
to Downtown Roanoke, Inc., of $40,000.00 toward the cost of the Master
Plan for the northern part of downtown, advising that funding is
available in the Civic Center Fund and in the Trade and Convention
Center Study Account previously appropriated for this purpose.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29358) A RESOLUTION authorizing a donation of funds to Downtown
Roanoke, Inc., to fund a portion of a study of the Downtown North area
of the City.
{For full text of Resolution, see Resolution Book No. 51, page 29.)
ACTION: Mr. Musser moved the adoption of Resolution No. 29358. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES:
Taylor-
Council Members Musser, Trout, Bowers, Garland and Mayor
5.
NAYS: None- O.
m
ACTION:
(Council Member Bowles was absent.) (Vice-Mayor Fitzpatrick abstained
from voting inasmuch as he is an officer of Downtown Roanoke, Inc.)
Mr. Musser moved that the Director of Finance be requested to
prepare the appropriate budget Ordinance. The motion was seconded by
Mr. Bowers and adopted.
PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a written
report concurring in a recon~endation of a bid con~nittee with reference
to the purchase of deicing salt.
The bid committee recommended that Council accept the bid sub-
mitted by International Salt Company to furnish and deliver 1,000 tons,
more or less of deicing salt, in the total amount of $41,270.00, and
reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29359) AN ORDINANCE accepting a bid for furnishing deicing salt
to the City; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 30.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29359. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None .............
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
m
FINANCIAL REPORTS: The Director of Finance submitted the finan-
cial report of the City of Roanoke for the month of September, 1988.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatrick and adopted.
BUDGET-GRANTS-YOUTH: The Director of Finance submitted a written
report advising that the Youth Services Grant 87-I-8 ended on June 30,
1988; and funding and expenditures for the grant were as follows:
508
ACT[ON:
State Local Total
Funding $36,516.00 $10,000.00 $46,516.00
Expenditures 36,400.00 9,740.00 46,140.00
Unexpended $ 116.00 $ 260.00 $ 376.00
It was further advised that the total appropriation for the grant
was $46,516.00; that actual funding received was $46,516.00 and total
expenditures were $46,140.00; that of funds received, $116.00 in State
funds remain unspent and will be returned to the State; and the unspent
amount of local funds of $260.00 will be returned to the General Fund.
Mr. Schlanger explained that the Youth Services Grant provides for
coordinated planning and program implementation of local youth-serving
programs; that the Office on Youth and the Youth Services Citizen Board
have developed relationships with other youth-serving programs and
agencies; and coordination and cooperation between these agencies
benefits the youth of Roanoke with improved activities and programs.
The Director of Finance recommended the following:
Grant may now be closed.
Unexpended State funds of $116.00 be returned to
the State.
Unexpended local funds of $260.00 be returned to
the General Fund.
Mr. Schlanger further recommended that the following appropriation
and revenue adjustments be enacted:
Regular Employee Wages
[ .C.M.A.
F.! .C.A.
Hospitalization Ins.
Life Insurance
Termination Leave Wages
Management Services
Tel ephone
Admi ni strati ye Suppl i es
State Grant Revenue
Local Match
$ (445.00)
35.00
23.00
(44.00)
14.00
252.00
101.00
(225.00)
(87.00)
(116.00)
(260.00)
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29360) AN ORDINANCE to amend and reordain certain sections of
the 1988-8g Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 30.)
Mr. Garland moved the adoption of Ordinance No. 29360. The motion
was seconded by Mr. Musser and adopted by the followi~lg vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None ................
(Council Member Bowles was absent.)
509
m
m
ACTION:
CITY ATTORNEY:
ENDANGERED SPECIES: The City Attorney submitted a written report
advising that at the October 24, 1988, meeting of Council, his office
was requested to revise a resolution concerning designation of the
Roanoke Logperch as an endangered species; and in accordance with the
Council's request, he presented a measure expressing support for the
designation of the Roanoke Logperch as an endangered species and
requesting that the Federal Government be responsible for and pay its
fair share of any additional community project costs which may result
from such designation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(~29361) A RESOLUTION expressing support for designation of the
Roanoke Logperch as an endangered species and requesting the federal
government to share in any additional costs for community projects
addressing needs along and crossing the Roanoke River and Tinker Creek
that may result from such designation.
(For full text of Resolution, see Resolution Book No. 51, page 31.)
Mr. Garland moved the adoption of Resolution No. 29361. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............ 6.
NAYS: None ................... O.
(Council Member Bowles was absent.)
PURCHASE/SALE OF PROPERTY: The City Attorney submitted a written
report advising that at its October 24, 1988, meeting, Council
authorized the City Manager to extend an offer to purchase the proper-
ties located at 118, 120, 122 and 124 Campbell Avenue, S. W., upon cer-
tain terms and conditions, including approval by Council by ordinance
of the appropriate contract documents; whereupon, the City Attorney
presented a Sale and Exchange Agreement implementing the transaction,
upon terms and conditions set forth by Council as well as an
appropriate authorizing ordinance.
(For full text, see report on file in the City Clerk's Office.)
Inasmuch as Council Member Bowles was absent, Mr. Fitzpatrick
moved that action on the matter be deferred until the regular meeting
of Council on Monday, November 14, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard. The motion was seconded by Mr.
Garland and adopted, Council Member Bowers abstained from voting.
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS-SPORTS COMPLEX: A report of the City
Planning Commission with regard to the naming of the Sports Complex,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Inasmuch as Council Member Bowles was absent, Mr. Trout moved that
action on the matter be deferred until the regular meeting of Council
on Monday, November 14, 1988, at 7:30 p.m., or as soon thereafter as
the matter may be heard. The motion was seconded by Mr. Musser and
adopted.
Senator A. Granger Macfarlane appeared before Council and advised
that he could not be present for the meeting on Monday, November 14,
1988, and requested that he be permitted to address Council at the pre-
sent time.
510
ACTION:
ACTION:
Senator Macfarlane advised that during the 30 years he has resided
in Roanoke, there is no person living or not living who has contributed
more to young people, through his activities in sports and the example
he has set than Bob McClelland. He stated that Mr. McClelland is known
in the Roanoke Valley for the exemplary life style in which he has con-
ducted himself, and requested that Council strongly and conscientiously
give serious consideration to naming the sports complex after a person
~ho is well known, well loved and is a regular, ordinary person.
The City Clerk was requested to include copies of all correspon-
dence pertaining to the matter with the agenda material for the regular
meeting of Council on Monday, November 14, 1988.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ANNUAL REPORTS-HOUSING: Council Member David A. Bowers presented
a communication transmitting the 1987-88 Annual Report of the City of
Roanoke Redevelopment and Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the annual report be received and filed.
The motion was seconded by Mr. Garland and adopted.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
REFUSE COLLECTION: A report of the City Manager and the City's
representatives to the Roanoke Valley Regional Solid Waste Management
Board (Messrs. Joel M. Schlanger and Kit B. Kiser) with regard to
authorization of study costs and assignment of a consultant contract
for new solid waste disposal methods and locations, was before Council.
It was advised that the current landfill site operated by the
Roanoke Valley Regional Solid Waste Management Board has in the range
of three to four years of useful life remaining without amendments to
the permit issued by the Commonwealth of Virginia; and the Board com-
missioned a study for a Solid Waste Management Plan for the Roanoke
Valley in 1987, which was completed in April, 1988, and copies were
made available to the Members of Council.
It was further advised that solid waste facility siting require-
ments, as stipulated by State regulations, require both a Part "A" and
a Part "B" application; that part "A" may be considered preliminary but
does require fairly extensive terrain, access and geological infor-
mation; and Part "B", to be prepared once the State approves a Part "A"
application, involves more detailed site information, design plans and
specifications, operations plan, etc.
Messrs. Herbert, Schlanger and Kiser pointed out that an in~)lemen-
tation and additional study contract was executed between the Board and
Olver, Inc., on June 14, 1988; that the contract identified a work
scope that would lead to the siting of a new regional landfill,
transfer stations as needed, and additional studies for waste-to-energy
facilities and recyling, which specific work scope can be summarized as
follows:
$11
m
1. Walk over, field test and re-evaluate five
potential landfill sites.
2. Prepare Part A applications for three sites.
3. Obtain State approval of Part A applications.
4. Provide technical assistance for Part A and
Part B applications.
5. Provide detailed cost estimates for three
sites.
6. Prepare Part B applications on up to two sites
(includes plans and bid documents, construc-
tion inspection and project start-up
services).
7. Prepare Parts A and B applications for
transfer stations.
8. Prepare and implement a Public Relations Plan.
9. Prepare detailed waste-to-energy evaluation,
to include as specifically authorized end user
negotiations and bid package.
10. Assist in Authority formation if that course
is elected.
11. Develop and assist with policy issues.
12. Recycling study and implementation recon~nen-
datton.
It was explained that fees have been authorized and work ini-
tiated on work scope items 1, 4, 8, 9, and 12; that fees have been
authorized but no work initiated on work scope items 2, 3, 5, and g;
that an hourly fee schedule has been negotiated but no work authorized
or initiated on work scope items 6, 7, 10, and 11; that the total
authorized contract amount to date is $245,017.00, expenditures through
October 2, 1988 are $105,329.62, and authorized fees yet unearned are
$139,686.38; that the scope of work yet to be accomplished but for
which fees have not been authorized (discounting waste-to-energy plan
and specification preparations and discounting engineering services
during construction) would cost approximately $200,000.00.
It was noted that clarification of the Board's authority to engage
in solid waste disposal siting activities was requested of City Council
by the Board per letter dated September 20, 1988; and Roanoke County
has advised the Board that the County desires to take over the process
of siting a new regional landfill, pursuant to communication under date
of September 29, 1988, from Chairman Lee Garrett.
It was pointed out that the Landfill Board needs the clarification
of Council as to authority for the following:
Ratification of the Board's efforts to date,
including the procurement, execution and implemen-
tation of the Olver contracts and payments
thereunder.
Assignment of the remaining portions of the Olver
contract less the waste-to-energy study to Roanoke
County.
Reimbursement of Roanoke County for payment of ser-
vices rendered by Olver under the assigned contract
for establishing a regional landfill and other
waste management facilities for the Roanoke Valley.
512
ACT[ON:
Messrs. Herbert, Schlanger and Kiser advised that the Chief
Administrators and legal officials of Roanoke City, Roanoke County,
City of Salem and Town of Vinton have met with the Chairman of the
Landfill Board; that Roanoke County has stated its intent to take over
the landfill siting process since the ultimate decision rests with the
County in that the County must take formal action to permit the ulti-
mate site; that County officials have assured City officials that the
new landfill would be regional and the Landfill Board can stipulate
certain requirements as a condition of assignment of the Olver
contract, viz:
Landfill Board and Chief administrative official of
each participatin9 political subdivision will get
copies of all information prepared by Olver,
Incorporated.
Landfill Board and participating political sub-
divisions must approve all substantive amendments
to the Olver contract.
Assignment agreement will impose a financial cap
for payments to Olver by the County under the
assigned contract.
Landfill Board will reimburse the County for
payment of fees to Olver for services rendered
under the assigned contract.
It was further advised that new State regulations were passed by
the Commonwealth of Virginia on October 18, 1988, which dictate that
all existing landfills be in full compliance with the new regulations
or be closed by July 1, 1992.
It was recommended that Council take the following action by adop-
tion of a measure prepared by the City Attorney:
Ratify previous actions of the Landfill Board
including entry into Olver contract and expen-
ditures thereunder.
Authorize the assignment of the contract with
Olver, Inc., from the Landfill Board to Roanoke
County and the Landfill Board to reimburse the
County for the costs incurred.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29362) A RESOLUTION authorizing the Roanoke Valley Regional
Solid Waste Management Board to assign a contract to the County of
· Roanoke, ratifying certain actions taken to date, and authorizing the
expenditure of funds.
(For full text of Resolution, see Resolution Book No. 51, page 32.)
Mr. Trout meved the adoption of Resolution No. 29362. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........................... 6.
NAYS: None ......... O.
(Council Member Bowles was absent.)
513
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: The Mayor
advised that the three year terms of The Reverend Willie E. Butler, Ms.
Doris A. Alexander, Ms. Gwen Carter, Messrs. Stephen A. Hoover,
Virgil L. Rogers, Jan P. Wilkins, Lewis W. Peery and John A. Sabean
will expire on November 9, 1989; that The Reverend Butler, Ms.
Alexander, Ms. Carter and Mr. Hoover have declined to serve another
term; and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the names of Messrs. Virgil L.
Rogers, Jan P. Wilkins, Lewis W. Peery and John A. Sabean.
I
There being no further nominations, Messrs. Rogers, Wilkins, Peery
and Sabean were reelected as members of the Roanoke Nei9hborhood
Partnership Steering Committee for terms of three years each, ending
November 9, 1991, by the following vote:
ACTION: FOR MESSRS. ROGERS, WILKINS, PEERY AND SABEAN: Council Members
Musser, Trout, Bowers, Fitzpatrick, Garland and Mayor Taylor- 6.
(Council Member Bowles was absent.)
HOUSING: The Mayor advised that there is a vacancy on the City of
Roanoke Redevelopment and Housing Authority due to the resignation of
Mr. C. Fred Mangus for a term ending August 31, 1992, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. Robert W.
Glenn, Jr.
There being no further nominations, Mr. Glenn was elected as a
Commissioner of the City of Roanoke Redevelopment and Housing Authority
for a term ending August 31, 1992, by the following vote:
ACTION: FOR MR. GLENN: Council Members Musser, Trout, Bowers,
Fitzpatrick, Garland and Mayor Taylor- 6.
m
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 4:25 p.m.
ATTEST:
APPROVED
City C1 erk
Mayor
514
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 14, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 14, 1988, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roano~
(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A, Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ....................... 7.
ABSENT: None- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Fredrick C.
Taylor.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
PUBLIC HEARINGS:
PLANNING-GRANTS: Council at its meeting on Monday, October 10,
1988, at the request of the City Manager, having continued a public
hearing on amendment of the fiscal year 1988-89 Con~nunity Development
Block Grant (CDBG) Program and Budget, the matter was again before the
body.
The City Manager submitted a written report advising that Council
approved the CDBG budget totalling $3,681,881.00 for fiscal year
1988-89 on June 13, 1988, by adoption of Resolution No. 29149; that
Council appropriated funds in the budget on August 22, 1988, pursuant
to Ordinance No. 29262; and program income was received by the City
after July 1, 1988, (which was not a part of the revenue projection for
fiscal year 1988-89) due to Roanoke Redevelopment and Housing Authority
parking receipts, land sales and rehabilitation loan repayments.
It was further advised that projects have been recon~ended to
Council over the past few months which can be funded with CDBG funds,
as follows:
Low interest loan program to provide an incentive
for private revitalization efforts in designated
historic districts.
Technical assistance to owners or developers of
historic properties.
State Emergency Home Repair Grant funds, which will
require at least a dollar for dollar match. Report
requesting authorization of acceptance of a
$10,414.00 grant from the state will be presented
to Council this evening, November 14, 1988.
It was pointed out that the addition of projects to the CDBG
budget requires amendment of the CDBG program via public hearing and
submittal of amendments to HUD for its record.
515
The City Manager recommended that he be authorized to submit an
amendment to HUD of the Community Development Block Grant statement of
objectives consisting of the projects detailed in Attachment B to the
report; and that the Director of Finance be authorized to transfer
funds to accounts to be established for the reco~ended CDBG projects.
(For full text, see report on file in the City Clerk's Office.)
The following is a summary of the Community Development Block
Grant Program Income Funds available:
Program Income:
035-087-8740-5179
035-087-8740-5180
035-087-8740-5183
035-087-8740-5186
035-087-8740-5187
035-087-8740-5188
035-088-8840-5189
Deanwood Land Proceeds
Rehab Loans Repayment
Parking Lot Income
Other Loan Repayment
NNEO Loan Repayment
F & W Interest Payment
Unprog CDBG
$ 68,829.00
38,108.00
12,955.00
563.00
2,876.00
12,750.00
13,919.00
$150,000.00
m
ACTION:
ACTION:
~.roposed Projects:
Emergency Home Repair
Historic Building Loan Program
Preservation Technical Assistance
$ 30,000.00
100,000.00
20,000.00
$150,000.00
Mr. Musser offered the following emergency budget Ordinance:
(#29363) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 33.)
Mr. Musser moved the adoption of Ordinance No. 29363. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council; whereupon, no person expressed an interest to speak.
Mr. Trout advised that $68,000.00 is proposed to be transferred
from Deanwood Land Proceeds and suggested that the funds be reimbursed
to Deanwood from the City's unencumbered funds (CMERP), if legally per-
missible.
Following discussion, the City Manager referred to the proposed
projects to be included in the amended CDBG Program and Budget, and
asked that he be given an indication of approval by Council which would
permit him to submit the propesed projects to HUD with a request to
amend the CDBG Program this week. He said within one week he would
present to Council an alternative source of funds, along with an impact
statement, which would reimburse the $68,000.00 to the Deanwood Land
Proceeds account.
Ordinance No. 29363 was adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- - ........ 7.
NAYS: None ..... ............ O.
Mr. Garland offered the following emergency Ordinance:
(#29364) AN ORDINANCE authorizing the filing of an amendment with
the United States Department of Housing and Urban Development (HUD) of
the 1988-89 Community Development Block Grant (CDBG) Statement of
Objectives; authorizing the execution and filing of certain documents
relating thereto; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 34.)
516
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29364. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ................ 7.
NAYS: None ................
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 14, 1988, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Ms.
B. Anne Parker and Ms. Marianne Rose that a two foot by 135 foot strip
of Walnut Avenue S. W., running alongside parcels bearing Official Tax
Nos. 1131101 and 1131102, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearin9 was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 28, 1988, and Friday, November 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~isslon recommending that the
request be approved, subject to the following conditions, was before
Council.
That the applicants agree to have prepared and
submitted to the City for review and approval a
plat of survey/subdivision, defining thereon the
relocation of the public-right-of-way boundary of
Walnut Avenue S. W., and the area proposed for
dedication to the City.
That official closure of the street right-of-way
area be made contingent upon the recordation of
the properly approved subdivision plat.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29365) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in tile City of Roanoke, Virginia,
as is r~re particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 37.)
The motion was seconded by Mrs. Bowles.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 29365 was adopted, on its first reading, by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ........... O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 14, 1988, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Mr.
Robert L. Payne that the remaining sections of three undeveloped alleys
adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2, as
shown on City Official Appraisal Map Sheet No. 411, situated between
and abutttng Official Tax Nos. 4110404 - 4110410, inclusive, be per-
manently vacated, discontinued and closed, pursuant to Section 15.1-364
and Sectton 30.14, Code of the City of Roanoke, 1979, as amended, the
matter was before the body.
517
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 28, 1988, and Friday, November 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request be approved, based on the following conclusions, was before
Council.
Alleys Nos. 2 and 3 are very short dead-end alley
sections (40' and 15') which would be of little use
to abutting property owners, even if they were
opened. Alley No. 3 is situated for the most part
at a grade level that is 10' to 12' higher than
abutting properties.
All adjacent property owners are in agreement with
the requested closures.
Useless alley remnants of this type should be
closed in order to allow the land therein to revert
to a more practical and beneficial use.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29366) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 34.)
ACTION:
The motion was seconded by Mr. Musser.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for closure. There being
none, Ordinance No. 29366 was adopted, on first reading, by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .............................. 7.
NAYS: None ............ O.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 14, 1988, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of the City
of Roanoke Redevelopment and Housing Authority that an irregularly
shaped alley extending in an easterly direction from 1st Street, N. W.,
running between Lots 10 and 11, Block 9, Official Tax Nos. 2013011 and
2013012, in the Gainsboro Neighborhood Development Project be per-
manently vacated, discontinued and closed, the matter was before the
body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 28, 1988, and Friday',"Nov~'n~6er 4j 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission reconmmnding that the
request be approved, based on the following conclusions, was before
Council.
518
ACTION:
Applicant has acquired all of the abutting and
surrounding properties for the purpose of con-
soltdating a defined area of land for a future
construction site.
Alley currently serves no useful purpose and is a
minor element in the larger process and scope of
stated lands to redevelop and revitalize the Henry
Street community as an important part of the City's
future co~mnercial and cultural activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29367) AN ORDINANCE permanently vacating, discontinuing and
closin9 certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 40.)
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons in attendance who would
like to address Council with regard to the request for closure. There
being none, Ordinance No. 29367, on first reading, was adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........................ 7.
NAYS: None .......................
-0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, November 14,, 1988, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of James L. and
Sara J. Camden that property located at 508 Gus Nicks Boulevard, N. E.,
Official Tax No. 3321010, containing .17 acre, more or less, be rezoned
from RM-1, Residential Multi-Family District, Low Density District, to
CN, Neighborhood Conmmrcial District, such rezoning to be subject to
certain conditions proffered by the petitioner, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
October 28, 1988, and Friday, November 4, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning is to permit the reuse of an existing
single-family structure for professional offices, and reconmmnding that
the request be approved, was before Council.
It was noted that due to the improvement and realignment of Gus
Nicks Boulevard, the site is isolated and the limited professional use
is a minimum impact and will continue to preserve the neighborhood
character.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first readi ng:
(#29368) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 41.)
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29368 was adopted, on first reading, by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............
NAYS: None .... O.
CONSENT AGENDA:
The Mayor advised that all matter~ listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter being the
appointment of a Committee of the Members of Council; and a matter
relating to disposition of City property.
Mr. Trout moved the adoption of the Consent Agenda.
Mr. Bowers requested that Mr. Trout amend his motion to delete
Item C-1 from the Consent Agenda for consideration as a separate item.
(Item C-1 is a report of the City Manager with regard to concerns
expressed by Mr. Lawrence M. Taylor relative to parking regulations
for service vehicles in the City, and more specifically, in the down-
town area.
Accordingly, Mr. Trout amended his motion to provide that the
Consent Agenda, with two requests for Executive Sessions and deletion
of Item C-1, be approved. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ...... 7.
NAYS: None--- O.
CIVIC CENTER: A report of qualification of Horace S. Fitzpatrick
as a member of the Roanoke Civic Center Commission for a term of three
years ending September 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ...... 7.
NAYS: None ..................................................... O.
HOUSING: A report of qualification of Robert W. Glenn, Jr., as a
Commissioner of the Roanoke Redevelopment and Housing Authority for a
term ending August 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None ......... O.
519
520
ACTION:
ACTION:
COUNCIL: A co~mlunication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter being the
appointment of a Committee of the Members of Council, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in tile City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Mr. Bowers to
convene in Executive Session to discuss a personnel matter being the
appointment of a Committee of the Members of Council, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ....... O.
COUNCIL: A communication from Council Member James O. Trout
requesting an Executive Session to discuss a matter relating to the
disposition of City property, pursuant to Section 2.1-344 (al (3), Code
of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a matter relating to the disposition of
City property, pursuant to Section 2.1-344 (al (3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........................... 7.
NAYS: None ......... O.
REGULAR AGENDA:
TRAFFIC-DOWNTOWN ROANOKE-POLICE DEPARTMENT: Item C-1, pertaining
to downtown parking permits for maintenance and service vehicles,
having been deleted from the Consent Agenda for separate consideration,
the matter was before the body.
The City Manager submitted a written report advising that Mr.
Lawrence M. Taylor appeared before Council on Monday, July 11, 1888, on
behalf of elevator service contractors and other maintenance companies
to request consideration for special permits to allow parking of their
vehicles in the downtown area during emergency and maintenance calls.
It was further advised that a task force consisting of Robert Hooper,
Downtown Roanoke, Inc., Lt. W. D. Jobe, Police Department, and Jack B.
Woodson, Jr., and Robert K. Bengtson, City Engineering Department, met
to review the subject.
It was explained that the Police Department receives as many as 25
calls per week from various contractors and service, maintenance, uti-
lity and delivery companies requesting special exceptions for parking
in the downtown area; that the Engineering Department receives one call
every one to two weeks from contractors and utility companies
requesting special exceptions for parking in the downtown area; and
individuals in need of such special parking considerations, who do not
know to call the Police Department, are often times able to work out an
arrangement with a police officer at the site, which flexibility is
welcomed by the business community.
Mr. Herbert advised that a meeting with City representatives was
offered to the three elevator companies represented on the petition to
discuss the City's current procedure for working with the public on
special parking arrangements in the downtown area; that the meeting was
also an opportunity for the elevator companies to discuss how the
City's procedure may or may not fit their needs; that the only elevator
company representative in attendance was Mr. Taylor; and after a con-
siderable exchange of ideas and concerns, the meeting concluded with
what City representatives believe will provide a reasonable alternative
to the requested permit system.
521
The alternative referred to above allows the person servicing the
elevator to telephone the Police Department if, after assessing the
extent of the work to be done, they believe their stay will exceed the
time allowed in their parking zone, which is handled by the Police
Department in accordance with their current procedures for special
parking arrangements.
The City Manager recommended that Council not pursue the implemen-
tation of a downtown parking permit system for maintenance and service
vehicles, and continue to work with the public by granting special
exceptions where justified.
(For full text, see report on file in the City Clerk's Office.)
Mr. Lawrence M. Taylor, President, Shenandoah Elevator Company
Sales and Service, appeared before Council and advised that a Task
Force was appointed to study the matter, none of whom have any par-
ttcular expertise with a service area. He said during the course of
the meetings, it was pointed out that only one City has engaged in a
permit system (Norfolk), and inquired if there is only one City in the
Con~onwealth of Virginia that is progressive enough to realize the need
for this type of program. He advised that all of the persons-who
worked on the matter were well-intentioned, and he agreed to cooperate
with the proposed alternative, but he respectfully disagreed with the
report in which it was stated that there was no need for a permit
program, noting that the biggest impediment to proper and successful
implementation of a permit system was the lack of openmindedness of the
members of the Task Force; and there appeared to be an attitude that,
"this is the way we have done it, and this is the way it will continue
to be done". He requested that Council take whatever action is deemed
to be in the best interest of the citizens of the City of Roanoke.
Following discussion, Mr. Bowers moved that the matter be con-
tinued for a period of ninety days to provide for a probationary period
in which to carry out the recommendation contained in the report of the
City Manager, and that Mr. Taylor, along with the Administration, pro-
vide Council with a progress report at the end of the ninety day
period.
There being no second to the motion, the Mayor declared the motion
lost.
Mr. Garlandmoved that Council concur in the City Manager's recom-
mendation. The motion was seconded by Mrs. Bowles and adopted, Mr.
Bowers voting no.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
REGIONAL WORK FARM: A communication from the Honorable Judges of
the Twenty-Third Judicial Circuit of Virginia, advising that for some
time, there have been informal discussions and some research on behalf
of several of the Valley governments concerning the possibility of
establishing a regional work farm for those non-violent persons who
have violated the law; that such a project would help to reduce over-
crowding in the local jails and would provide meaningful opportunity
for short-term offenders to engage in work and outdoor activities; that
such persons would be available for community service and other public
works projects such as weed removal, clean-up details, etc; and relief
from idleness and boredom would be another significant benefit from
such a program, was before Council.
It was further advised that the time is ripe for the local govern-
ments, including all members of the Fifth Planning District, to jointly
undertake and sponsor a feasibility study toward determining the need
and practicality of such a project, and the Judges of the Twenty-Third
Judicial Circuit heartily endorse the concept of such a regional work
farm, and hope that Council will put in motion the necessary proce-
dures to pursue the study.
(For full text, see communication on file in the City Clerk's Office.)
522
ACTION:
ACTION:
Mrs. Bowles moved that Council concur in the reco~endation of the
Judges of the Twenty-Third Judicial Circuit of Virginia. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
A report of the City Manager concurring in the reco~endatton of
the Judges of the Twenty-Third Judicial Circuit, was also before the
body.
Mr. Herbert advised that given the concept of the Circuit Court
Judges of a regional work farm that would serve the needs of the Fifth
Planning District, he would request that Council forward the matter to
the Executive Director of the Fifth Planning District Coanission with a
request that he develop the appropriate method to conduct such a study
(with time table and cost) and forward the information to all of the
jurisdictions which might participate in the regional work farm
program, to the Judges of the Twenty-Third Judicial Circuit, and to any
other appropriate State and/or local officials.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING-GRANTS: The City Manager submitted a written
report advising that the Virginia General Assembly has appropriated
$47.5 million for the next two years for various housing programs, most
to be designed and administered by the Virginia Department of Housing
and Community Development (HCD); that the Emergency Home Repair Program
is one such program, providing grant funds to make emergency repairs to
housing units, either owner-occupied or rental, occupied by low income
families/individuals; that HCD guidelines for the Program require that
grant funds awarded by HCD be matched with at least an equal amount in
cash, in-kind services, labor, etc., from other sources; and no one
housing unit may receive more than $500.00 in grant funds from HCD.
It was further advised that Council authorized an application for
$40,000.00 from this program on August 8, 1988, and such application
provided for a two part program:
One part dealing with owner-occupied properties, to
be administered in conjunction with the Roanoke
Redevelopment and Housing Authority (RRHA).
A second part to address substandard rental pro-
perty on which condemnation could be avoided by
limited repairs, and whose owner certifies that
rent will not be increased due to the repairs.
The City Manager explained that HCD has notified the City that its
rant application has been approved; however, due to very heavy demand
or the $250,000.00 available across the State under this Program, only
$10,414.00 was granted to the City; that as a separate issue, Council
has been asked to transfer $30,000.00 of CDBG unobltgated program
income funds to match the grant from HCD; that with the $10,414.00 HCD
grant providing up to $500.00 to repair approximately 21 units, the
CDBG match will increase the total allowable grant to $2,000.00 per
unit; and execution of the grant agreement with HCD to receive the
funds and a contract with Total Action Against Poverty who will perform
the rehab repair work, is necessary in order to begin the program.
The City Manager recommended that he be authorized to execute the
grant agreement accepting $10,414.00 from the Department of Housing and
Community Development for the Emergency Home Repair Program, and
further authorize him to execute an agreement with Total Action Against
Poverty in the Roanoke Valley, Inc., for the cooperative administration
523
ACTION:
ACTION:
of the Emergency Home Repair Program, for rental properties, both the
grant agreement with HCD and the agreement with TAP to be approved as
to form by the City Attorney; and appropriate $10,414.00 to expenditure
and revenue accounts to be established in the Grant Fund by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following emergency budget Ordinance:
(#29369) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 34.)
Mr. Musser moved the adoption of Ordinance No. 29369. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- . .......7.
NAYS: None ........ ' ...... O.
Mr. Musser offered the following emergency Ordinance:
(#29370) AN ORDINANCE authorizing the execution of a grant agree-
ment with the Virginia Department of Housing and Community Development
for the Emergency Home Repair Program; authorizing the execution of an
agreement relating to said Program with Total Action Against Poverty in
the Roanoke Valley, Inc.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 35.)
Mr. Musser moved the adoption of Ordinance No. 29370. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor-
NAYS: None---
Bowles, Fitzpatrick, Garland,
BUDGET-JUVENILE DETENTION HOME-YOUTH: The City Manager submitted
a written report advising that the City of Roanoke receives funds from
the United States Department of Agriculture (USDA), through the
Virginia Department of Corrections, to enhance the food service program
of the Crisis Intervention Center (Sanctuary), Juvenile Probation House
(Youth Haven), and Juvenile Detention Home; and USDA funds for the
fourth quarter of 1987-88 and the first quarter of 1988-89 have been
received by the City of Roanoke for the facilities, as follows:
Crisis Intervention Center -
Juvenile Probation House -
Juvenile Detention Home -
$ 1,718.00
1,813.00
5,226.00
Total . $ 8,757.00
It was further advised that USDA funds usage regulations require
the funds to be used for food costs, labor costs of food service
workers, and equipment and repairs.
The City Manager recommended that Council appropriate USDA funds
to the Crisis Intervention Center, Juvenile Probation House, and
Juvenile Detention Home and increase corresponding revenue estimates,
as follows:
Crisis Intervention Center - Revenue
001-020-1234-0661 - USDA - Crisis Intervention
$1,718.00 to Account No. 001-054-3360~3000
Juvenile Probation House - Revenue
001-020-1234-0662 - USDA - Youth Haven
$1,813.00 to Account No. 001-054-3350-3000
524
ACTION:
ACTION:
Juvenile Detention Home - Revenue
001-020-1234-0660 - USDA - Juvenile Detention
$5,226.00 to Account No. 001-054-3320-3000
Total Revenue and Appropriations
$8,757.00
(For full text, see report on file in the City Clerk's Office.}
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29371)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 36.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29371. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowl es, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ........ O.
CITY ATTORNEY:
SALE/PURCHASE OF PROPERTY: The City Attorney submitted a written
report advising that on October 24, 1988, Council authorized the City
Manager to extend an offer to purchase the property located at 118,
120, 122 and 124 Campbell Avenue, S. W., upon certain terms and con-
ditions, includin9 approval by Council by Ordinance of the appropriate
contract documents; and transmitting copy of a Sale and Exchange
Agreement implementing the transaction, upon the terms and conditions
set forth by Council as well as an appropriate authorizing ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29372) AN ORDINANCE authorizing the execution of certain docu-
ments relating to the purchase and exchange of certain property between
the City and James L. Trinkle, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 42.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
fol lowing vote:
AYES: Council Members Bowles, Fitzpatrick, Garland and Mayor
Tayl or ........ . ...... 4.
NAYS: Council Members Musser and Trout
.2.
(Council Member Bowers abstained from voting.)
REPORTS OF COMMITTEES:
PARKS AND PLAYGROUNDS (SPORTS COMPLEX): A report of the City
Planning Commission advising that Council referred a recommendation of
the Citizens' Advisory Cm~ntttee, City-Wide Parks Study, to name the
sports complex area near Victory Stadium "Roanoke River Sports Complex"
to the City Planning Con~nission for review on July 27, 1988; and the
City Planning Con~nission referred the matter to the Ordinances and
Names Subco~nittee at its August 7, 1988, meeting.
It was explained that the naming of community facilities, such as
parks and recreational areas, has, by past City policy, related to the
neighborhood or geographic area in which the facility was located; and
the Ordinances and Names Subcommittee, at its August 19, 1988, meeting
determined that the name proposed by the Citizens' Advisory Con~nittee
on City-Wide Parks Study was consistent with the City's park naming
policy and recommended that the request be approved.
525
m
m
m
ACTION:
It was further explained that the Planning Commission reviewed the
Ordinances and Names Subcommittee's recommendation; that after con-
siderable discussion at its September 7, 1988, meeting regarding the
promotional value of the proposed name, the Planning Commission
referred the matter back to the Ordinances and Names Subcommittee for
reconsideration; and the Ordinances and Names Subcommittee and other
members of the Commission met on September 16, 1988, to discuss the
Commission's park naming policy, and it was the consensus of the sub-
committee to endorse the existing naming policy and to recommend to the
Planning Commission that a special subcommittee be appointed to meet
with representatives of the Citizens Advisory Committee, City-Wide
Parks Study, to obtain additional information.
The City Planning Commission advised that on September 21, 1988,
the Chairman appointed a special subcommittee consisting of Susan S.
Goode, Paul Buford and William A. Sowers to meet with representatives
of the Citizens' Advisory Committee, City-Wide Parks Study, to discuss
their recommendation; that the special subcommittee met with represen-
tatives of the Citizens' Advisory Committee on September 23, 1988; that
members of the Citizens' Advisory Committee and the Parks Planner
described in detail the criteria used by the Citizens' Advisory
Committee and the process which was followed in seeking a name for the
recreation facility and the members of the Special Subcommittee who
attended the meeting were satisfied that a thorough process had been
followed and that the recommended name was appropriate for the faci-
lity.
The City Planning Commission recommended that the recommendation
of the Citizens' Advisory Committee, City-Wide Parks Study, to name the
subject recreation facility the Roanoke River Sports Complex be
approved as requested.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
"A RESOLUTION designating certain City recreational facilities
composed of Victory Stadium, the National Guard Armory, Maher Field,
Wiley Drive, and South Roanoke Park as the "ROANOKE RIVER SPORTS
COMPLEX".
Mr. Garland moved the adoption of the Resol,ltion. The motion was
seconded by Mr. Fitzpatrick.
Mr. M. Carl Andrews, 2814 Crystal Spring Avenue, S. W., Chairman
of a subcommittee of the Citizens' Advisory Committee, City-Wide Parks
Study, appeared before Council and advised that he has been a resident
of the City of Roanoke for more than one-half of its history, and it
has been the policy of the City during all of that time never to name
parks for individuals, living or dead, with few exceptions; viz:
Fishburn Park, which was named for Blair Fishburn, donor of the land;
Smith Park was given to the City by the Norfolk and Western Railway
with the understanding that it would be named for Mr. Smith; and in
1923, the Norfolk and Western Railway purchased the property now known
as Maher Field for the purpose of protecting itself from a number of
possible developments and for a possible trackage, with the
understanding that in giving the property to the City it would be named
for Nicholas Maher. He said the land on the south side of Maher Field
was acquired and given to the City by J. B. and Junius P. Fishburn,
with the understanding that the land would be named "South Roanoke
Park".
Mr. Andrews pointed out that the subcommittee went into great deal
of detail in searching for suitable names for the entire area on both
sides of the river, studied numerous suggested names and recognized
from the very beginning that an overall name should not be given for
any individual, living or dead. He said there is no reason to select
another name other than that which has been suggested by the Citizens'
Advisory Committee, City-Wide Parks Study. He pointed out that it was
also suggested that the complex might eventually include Smith Park and
Wasena Park inasmuch as they are devoted to the same purpose. He said
the subcon~ittee was desirous of finding a name that was suitable for
the entire area, and it was felt that the Roanoke River Sports Complex
fit the description and further, the subcommitte~ did not feel that the
526
sports complex should bear the name of a person who would not be known
to future generations, He urged that Council maintain its current
policy with regard to the naming of City parks and adopt tile recom-
mended name of the Roanoke River Sports Complex.
Mr. Harry N. Whiteside, 2781 Westhampton Avenue, S. W., repre-
senting a group of concerned citizens, appeared before Council in sup-
port of naming the sports complex in honor of Mr. Bob McClelland, He
referred to a petition signed by over 560 persons in favor thereof. He
also referred to and read portions of letters in support of naming the
facility the "Bob McClelland Sports Complex" from Dr. Richard Fisher,
Dr. Albert A. Peverall, and Senator A. Granger Macfarlane. He said the
group he represents respects the recommendation of the City Planning
Con~nission, however, it is not in agreement with said recommendation.
lie requested that Council name the sports complex the "Bob McClelland
Sports Compl ex".
(For full text, see petition and communications from Dr. Fisher, Dr.
Peverall, and Senator Macfarlane on file in the City Clerk's Office.)
Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Committee,
City-Wide Parks Study, appeared before Council and advised that South
Roanoke Park was given to the City by the Norfolk and Western Railway,
with the agreement that it would be named "South Roanoke Park", and he
was of the opinion that the name could not be changed. He said the
Citizens' Advisory Committee, City-Wide Parks Study, was told that City
policy provides that parks were not to be named after living indivi-
duals, unless they had given large sums of money or donated land. Ne
stated that along with Mr. Bob McClelland, it should be taken into con-
sideratton that other names were suggested. He said the Citizens'
Advisory Committee has worked hard during its eight years of existence
and it should be permitted to take a part in naming the sports complex;
that the Committee submitted the proposed name of the Roanoke River
Sports Complex to Council over four months ago, and it now appears that
~t Was easier to build the facility than to name it.
Mr. Paul W. Rice, 3281 Somerset Avenue, S. W., appeared before
Council andadvised that "Roanoke River" has never been a charmin9 or
endearing name. He said Mr. Bob McClelland has given the City of
Roanoke something that money cannot buy; and suggested that Council
look with favor upon recognizing Mr. McClelland by naming the sports
complex in his honor.
Mr. Paul Ripley, 1024 Fauqier Street, S. W., also appeared before
Council in support of naming the sports complex in honor of Mr.
McClelland.
Mr. Fitzpatrick offered a substitute motion that the matter be
referred to the City Manager for a detailed study, including a recom-
mendation for a logo for the sports complex, and for suggested alter-
natives by which Mr. Bob McClelland may be recognized. The motion was
seconded by Mrs. Bowles and unanimously adopted.
Included in his report, Mr. Bowers requested that the City Manager
provide Council with information on the use of the sports complex by
persons residing outside of the City of Roanoke.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
BUDGET-TOTAL ACTION AGAINST POVERTY: Mr. Trout offered the
following emergency Ordinance amending and reordaining certain sections
of the 1988-89 General Fund Appropriations, providing for a contribu-
tion in the amount of $17,847.00 to the Total Action Against Poverty
Transitional Living Center:
(#29373)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 36.)
527
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29373. The motion
was seconded by Mr. Musser and adopted by the followin§ vote:
AYES: Council Members Bowers,
Musser, Trout and Mayor Taylor .......
NAYS: None .....
MOTIONS AND MISCELLANEOUS BUSINESS:
Bowles, Fitzpatrick, Garland,
7.
INQUIRIES AND/OR CO~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:15 p.m., the Mayor declared the meetin9 in recess.
At 11:00 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor prestdin§ and all Members of the Council in attendance.
There being no further business, the Mayor declared the meeting
adjourned at 11:00 p.m.
APPROVED
City Clerk
528
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 21, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 21, 1988, at 2:00 p.m. the regular
meeting hour, with Mayor Noel '
C. Taylor presiding, pursuant to Rule 1, Re u~
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~r(J'/lJ-F,---as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ........ -7.
ABSENT: None ........
-0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Ethel Eaves,
Associate Pastor, Pilgram Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion is desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss a personnel matter relating
to vacancies on various authorities, boards, co~m~issions and co~nittees
appointed by Council; and a matter with regard to disposition of
publicly held property.
MINUTES: Minutes of the regular meeting of Council held on
Monday, August 8, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... -7.
NAYS: None .......
ELECTIONS: A con~unicatlon from Alton B. Prillaman, Secretary,
Roanoke City Electoral Board, transmitting a certified copy of the
Abstract of Votes cast in the General and Special Election held in the
City of Roanoke on November 8, 1988, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia for Electors for President and Vice Presi-
dent of the United States, at the General Election
held November 8, 1988.
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS
ELECTION IS AS FOLLOWS:
Democratic Party for Electors for Michael S,
§ukakts, President and Lloyd Bentsen, Vice Presi-
dent
C. Flippo Hicks
Henry Lee Carter
Thomas D. "Tod" O'Conner
Samuel S. Willis
Gloria K. Wilson Miller
Deirdre Sigmond Goldsmith
Frank O. Bateman, Jr.
Patrick W. Ephrtam
C. Roger Malbon
Anne A. Wtlktns
Earnesttne H. Clark
Rosalie H. Clark
Total Votes Received 17,185
529
Republican Party for Electors for George Bush,
President and Dan Quayle, Vice President
Enid H. Netll
Melvin M. Spence
Garland L. Bigley
W. Edgar Trent
Helen Marie Taylor
Roy R. Smith
Geoffrey H. "Jeff" Applegate
Vincent F. Callahan, Jr.
John T. Eanes
Craig C. Markva
John G. Selph
Carl D. Bieber
Total Votes Received 15,389
Independent for Electors for Lenora Bo Fulant,
President and Joyce Dattner, Vice President
Bruce A. McConachie
Glenn Kirby Moseley
Frank Record Jennings
Susan A. Schott
Gertrude Carr
John R. Borman
David Barrington Holt
Meltssa Ann Peterson
Robert Donald Biggs
Renee D. Harrison
Gayle C. Stoner
Susan T. Bray
Total Votes Received 132
Libertarian Party for Electors for Ron Paul, Presi-
dent and Andre Marrou, Vice President
Stewart L. Engel
Harry E. Winkler
David W. Saum
Michael L. Tabony
Roger C. Menner
Lynn S. Howard
Richard E. Gardiner
Warren C. Moore
David Alan Home
Lorin Marc Montont
Alan R. Hock
Charles Scott Bailey
Total Votes Received 107
We, the undersigned Electoral Board, upon exa-
mination of the official records deposited with the
Clerk of the Circuit Court of the election on
November 8, 188, do hereby certify that the above
is a true and correct Abstract of Votes cast at
said election for Electors for President and Vice
President.
Given under our hand this tenth day of
November, 1988.
A copy teste:
ELECTORAL
BOARD
(SEAL)
S/Melba C. Pirkex Chairman
~/Charles T. Greene Vice Chairman
S/A1 ton B. Prill amah Secretary,
S/Alton B. Prillaman Secretarx
53O
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the General Election held the first
Tuesday after the first Monday in November, 1988,
for
MEMBER
UNITED STATES SENATE
Names of Candidates
Total Votes
Received
(In Figures)
Charles S. Robb
Maurice A. Dawkins
Billy Eli Fishpaw
Noel Tayl or
24,448
6,872
1
I
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of the Circuit Court of the
election held on November 8, 1988, do hereby cer-
tify that the above is a true and correct Abstract
of Votes cast at said Election for a Member of the
Senate in the Congress of the United States.
Given under our hand this tenth day of November,
1988.
A copy teste:
ELECTORAL
BOARD
(SEAL)
S/Melba C. Pirkey
S/Charles T. Greene
Z/Alton B. I~ri'llaman
Chairman
Vice Chairman
Secretary
S/Alton B. Prillaman, Secretary, Electoral Board
"ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the General Election held the first
Tuesday after the first Monday in November, 1988,
for
MEMBER
HOUSE OF REPRESENTATIVES
Names of Candidates
Total Votes
Received
(In Figures)
James R. "Jim" Olin
Charles E. Judd
23,701
7,227
We, the undersigned Electoral Board, upon examina-
tion of the official records deposited in the
office of the Clerk of the Circuit Court of the
election held on November 8, 1988, do hereby cer-
tify that the above is a true and correct Abstract
of Votes cast at said election for Member of the
House of Representatives in the Congress of the
United States.
Given under our hand this tenth day of November,
1988.
A copy teste:
S/Mel ba C. Pirkey
S/Charles T. Greene
S/Altdn B. Prillaman
Chairman
Vice Chairman
Secretary
ELECTORAL
BOARD
(SEAL)
S/Alton B. Prillaman, Secretar ,~toral Board
531
m
ABSTRACT OF VOTES cast in the City of Roanoke,
Virginia, at the Special Election held on
November 8, 1988 for
PARI-MUTUEL BETTING
QUESTION: Shall the 1988 Act of the General
Assembly which authorizes pari-mutuel betting on
horse racing and also provides for its regulation
become effective in the Commonwealth?
YES 15,194
NO 15,044
m
ACTION:
ACTION:
We, the undersigned Electoral Board, upon exa-
mination of the official records deposited in the
office of the Clerk of the Circuit Court of the
election held on November 8, 1988, do hereby cer-
tify that the above is a true and correct Abstract
of Votes cast at said election for and against
pari-mutuel bettiag on horse racing in the Common-
wealth of Virginia.
Given under our hands this tenth day of
November, 1988.
A copy teste:
S/Melba C. Pirkey
~/Charles T. Greene
S/Alton B. Prillaman
Chairman
Vice Chairman
Secreta'ry
ELECTORAL
BOARD
(SEAL)
S/Alton B. Prillaman, Secretary, Electoral Board"
(For full text, see communication and Abstract of Votes on file in the
City Clerk's Office.)
Mr. Trout moved that the co~unication and Abstract of Votes be
received and filed. The motion was seconded by Mr. Fitzpatrick and
adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......................... 7.
NAYS: None- O.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and con~nittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...............
NAYS: None .......................................... O.
532
ACTION:
ACTION:
ACTION:
COUNCIL: An oral request of Council Member James O. Trout that
Council convene in Executive Session to discuss a matter relating to
the disposition of publicly held property, pursuant to Section 2.1-344
(a) (3), Code of Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in the request to convene in
Executive Session to discuss a matter regarding the disposition of
publicly held property, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor- .-7.
NAYS: None ........ O.
TRAFFIC: A report of qualification of Ronald M. Sharp as a member
of the City of Roanoke Transportation Safety Conmission for a term of
four years, ending October 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None ............................
CIVIC CENTER: A report of qualification of Margaret R. Baker as a
member of the Roanoke Civic Center Commission for a term of three
years, ending September 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......................... 7.
NAYS: None ............................................ ? ........O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-CITY EMPLOYEES-HUMAN RESOURCES: The City Manager submit-
ted a written report advising that Federal Social Services Block Grant
Title XX (allocated to States for the purpose of administration of and
purchase of services, such as foster care, day care, residential treat-
ment, etc.) received a twenty-five per cent reduction in 1981 and has
had a zero gross since that time; that the actual amount of social ser-
vices block grant funds received have had a diminishing value because
cost of mandated services have increased over the past seven years by
twenty-five per cent; and the City has adjusted to the reduction by
eliminating optional services and by reducing staff positions, and non-
mandated services which have been eliminated, are as follows:
533
m
Payments for certain mentally-retarded citi-
zens to participate in sheltered workshops.
Payments for companion services for certain
elderly and disabled citizens to help maintain
their own homes.
Payments for day care for children of working
parents who were at the poverty level who were
working towards self-sufficiency.
It was further advised that for fiscal year 1988-89, the State has
not allocated sufficient funds to Roanoke City to cover the cost of the
foster care services purchased for children in the custody of the City;
and based on the amount allocated on July 1, 1988, the State revenue
shortfall will be $138,662.00; and an additional budget shortfall has
been compounded by the net gain of children con)~itted to Roanoke City
by Courts for foster care placement services, as follows:
Net gain in number of children thus far in
1988 is 67.
Additional City and State dollars needed for
these court assigned child services is
$185,000.00, fifty per cent of this total or
$92,500.00 should be the level of State
reimbursement.
'3.
If the State does not cover its share of this
additional increase (fifty per cent) in cost,
the City will be requested to cover 100 per
cent of the total increase or $185,000.00.
It was explained that the total revenue shortfall for foster care
could be as high as $323,662.00 for fiscal year 1988-89; that in
addition to the issue of foster care funds, there is also a revenue
shortfall of administrative funds for the benefit programs, i.e. Aid to
Dependent Children, Food Stamps, Medicaid, etc.; but total revenue
shortfall for administration of the benefit programs could be as high
as $274,758.00 for fiscal year 1988-89; that total revenue shortfall
for all social services programs could be as high as $598,420.00 for
fiscal year 1988-89; and the Social Services Department has taken the
following steps in the administration of benefits program to reduce the
deficit:
Terminated five temporary positions for a cost
savings of $55,000.00.
Placed a freeze on filling positions except
for Intake Workers. Savings will depend on
vacancies that occur. Projection of personnel
lapse is $20,000.00.
To cover the additional deficit of $199,758.00
in the administration of benefits program will
require terminating 20 staff positions for
the last six months of this fiscal year out of
a staff of 51.
Reduction of staff will have a devastating
affect on the programs.
The City Manager pointed out that the City is responsible for
purchasing foster care placement for children found in need of such
services by the Court, and the Judges have been apprised of the funding
problems; that the problem of funding is statewide, with varying
degrees of deficits in other localities; that there is a concerted
effort being initiated by local boards of social services across the
state to appeal to the General Assembly to restore the necessary funds;
and the deltn~na of the City is whether or not to reduce the delivery of
534
ACTION:
services to the State approved funding level; that any decision to
reduce staff to the de§tee of the deficit would reduce the effec-
tiveness of the programs leaving the City vulnerable to legal problems;
that any decision to wait on the actions of the General Assembly would
place the City in a position of not knowing what the solution may be
until very late in the budget year; and if the City decides to reduce
staff at the present ti~ne, thereby placing the City in a vulnerable
position and the General Assembly appropriates funds to cover the defi-
cit, the City would not be able to recoup the losses experienced before
grave damage is done to delivery of mandated services.
The City Manager advised that Council has placed the issue of
State funding for mandated programs in the City's legislative package;
and it is recommended that this item continue to be stressed to the
City's representatives to the General Assembly; that the Administration
will delay all expenditures possible until the General Assembly meets
and addresses the problem; that if the General Assembly does not
approve additional funding, the Administration will be prepared to pre-
sent a list of program reductions and budget adjustments to be made to
balance the budget; and Council will receive a definite recommendation
regarding the issue no later than February 15, 1989.
(For full text, see report on file in the City Clerk's Office,)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS: The City Manager submitted a written report
advising that Council annually grants permit requests for the installa-
tion of holiday decorations on City-owned light standards and other
facilities, including trees located in the downtown business district;
and Colonial American National Bank has requested permission to
decorate the trees in Colonial Plaza for the period November 24, 1988,
through January 15, 1989.
The City Manager recommended that Council grant Colonial American
National Bank permission to decorate the trees in Colonial Plaza for
the period November 24, 1988, through January 15, 1989, advising that
permit requirements are as follows:
Colonial American National Bank obtain individual
or company to install and remove decorations.
Cost of installing and removing decorations will be
the responsibiltty of Colonial American National
Bank.
Indemnification - Colonial American National Bank
has agreed to provide liability insurance, naming
the City as an additional insured, providing
general public liability insurance in the amount of
at least $100,000.00 for bodily injury,
$300,000.00 per accident and $50,000.00 property
damage; and to indemnify, keep, and hold the City
harmless from liability on account of injuries or
damages directly or indirectly resulting from the
permission herein granted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29374) A RESOLUTION authorizing a revocable permit to Colonial
American National Bank for the attachment or installation of certain
holiday decorations to certain City-owned trees in Colonial Plaza; upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 42.)
m
ACTION:
ACTION:
Mr. Bowers moved the adoption of Resolution No. 29374. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............................. 7.
NAYS: None .......... O.
SPECIAL PERMITS-DOWNTOWN ROANOKE-BLUE CROSS BLUE SHIELD OF
VIRGINIA: The City Manager submitted a written report advising that
Council annually grants permit requests for the installation of holi-
day decorations on City-owned light standards and other facilities,
including trees located in the downtown business district; and Blue
Cross Blue Shield of Virginia has requested permission to decorate the
Linden trees in Key Plaza from November 24, 1988, through January 15,
1989.
The City Manager recommended that Council grant Blue Cross Blue
Shield of Virginia permission to decorate the Linden trees in Key Plaza
for the period November 24, 1988, through January 15, 1989, advising
that permit requirements are as follows:
Blue Cross Blue Shield of Virginia obtain indivi-
dual or company to install and remove decorations.
Cost of installing and removing decorations will be
the responsibility of Blue Cross Blue Shield of
Virginia.
Indemnification - Blue Cross Blue Shield of
Virginia has agreed to provide liability insurance,
naming the City as an additional insured, providing
general public liability insurance in the amount of
at least $100,000.00 for bodily injury, $300,000.00
per accident, and $50,000.00 property damage; and
to indemnify, keep, and hold the City harmless from
liability on account of injuries or damages
directly or indirectly resulting from the per-
mission herein granted.
Mr. Musser offered the following Resolution:
(#29375) A RESOLUTION authorizing a revocable permit to Blue
Cross Blue Shield of Virginia for the attachment or installation of
certain holiday decorations to certain City-owned trees in Key Plaza;
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 51, page 43.)
Mr. Musser moved the adoption of Resolution No. 29375. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................... 7.
NAYS: None .............................
O.
AIRPORT: The City Manager submitted a written report advising
that the City agreed to deed previously owned land dedicated for air-
port purposes to the Roanoke Regional Airport Commission by agreement
dated July, 1988; and a reversionary clause is provided in the
agreement and deed of conveyance which stipulates that the land con-
veyed from the City to the Commission will revert back to the City if
the City Commission is ever dissolved.
It was further advised that the Commission agreed to convey 7.9
acres of land and adjacent landscape easement to Roanoke County earlier
this year in exchange for 8.0 acres of land needed from the estate of
the Ida Mae Holland tract for the protection of navigational facili-
ties; that land conveyed from the Commission was provided for use by
the County in developing an access road north of Peters Creek Road to
serve as an industrial and/or office park; and the conveyance contained
certain restrictions and did not relieve the Conmission or the County
of the reversionary clause.
535
536
ACTION:
ACTION:
The City Manager explained that Roanoke County has requested that
the City and the Commission, by similar deeds to the Commission, remove
the reversionary clause from the 7.9 acres transferred to the County
and, in lieu thereof, place the reversionary clause favoring the City
on the 8.0 acre parcel obtained from the Ida Mae Holland tract by the
County and subsequently conveyed to the Commission.
The City Manager recommended that Council agree to remove the
reversionary clause on the 7.9 acres in exchange for placing an iden-
tical clause on the 8.0 acres, and authorize the appropriate City offi-
cial to execute the necessary legal documents to accomplish this action
once the documents are approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29376) AN ORDINANCE authorizing execution of a deed releasing
the City's reversionary interest in certain property previously deeded
by the City to the Roanoke Regional Airport Commission, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 45.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowl es, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None ..................................................... O.
BUDGET-INDUSTRIES-GRANTS-PLANNING: The C~ty Manager submitted a
written report advising that on Monday, November 14, 1988, Council una-
nimously approved Ordinance No. 29363 which transferred $68,829.00 from
the Deanwood unprogrammed income account to a new account to fund a
Historic Building Loan Program; and Council requested that the funds be
replaced in order to ensure that funds earmarked for economic develop-
ment purposes would still be available for this purpose in the future.
The City Manager transmitted a budget Ordinance responding to the
Council's request, pointing out that $68,829.00 is being appropriated
from the fiscal year 1989 Capital Equipment and Replacement Program to
the Capital Projects Fund, noting that the funds wtl] be appropriated
to an Economic Development Reserve Account which will require the
approval of Council prior to the expenditure of said funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29377) AN ORDINANCE to amend and reordatn certain sections of
the 1~88-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 44.)
Mr. Trout moved the adoption of Ordinance No. 29377. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....................................... 7.
NAYS: None .....................
Oo
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
537
m
m
ACTION:
ACTION:
ACTION:
STREETS AND ALLEYS: Ordinance No. 29365 permanently vacating,
discontinuing and closing a two foot by one hundred thirty=five foot
strip of Walnut Avenue, S. W., running alongside parcels bearing
Official Tax Nos. 1131101 and 1131102, having previously been before
the Council for its first reading on Monday, November 14, 1988, read
and adopted on its first reading and laid over, was again before the
body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29365) AN ORDINANCE permanently vacating, discontinuing and
closing public right-of-way in the City of Roanoke, Virginia, as is
more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 37.)
Mrs. Bowles moved the adoption of Ordinance No. 29365. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ................... 7.
NAYS: None ...................
STREETS AND ALLEYS: Ordinance No. 29366 permanently vacating,
discontinuing and closing the remaining sections of three undeveloped
alleys adjacent to Wise Avenue and Campbell Avenue, S. E., in Block 2,
as shown on City Official Appraisal Map Sheet No. 411, situated between
and abutting Official Tax Nos. 4110404 through 4110410, inclusive,
having previously been before the Council for its first reading on
Monday, November 14, 1988, read and adopted on its first reading and
laid over, was again before the body, Mr. Bowers offering the following
for its second reading and final adoption:
(#29366) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 38.)
Mr. Bowers moved the adoption of Ordinance No. 29366. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............... 7.
NAYS: None ............. O.
STREETS AND ALLEYS: Ordinance No. 29367 permanently vacating,
discontinuing and closing an irregularly shaped alley, extending in an
easterly direction from First Street, N. W., running between Lots 10
and 11, Block g, Official Survey Sheet Northwest 1, Official Tax Nos.
2013011 and 2013012, in the Gainsboro Neighborhood Development Project,
having previously been before the Council for its first reading on
Monday, November 14, 1988, read and adopted on its first reading and
laid over, was again before the body, Mrs. Bowles offering the
following for its second reading and final adoption:
(#29367) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 40.)
Mrs. Bowles moved the adoption of Ordinance No. 29367. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ...... 7.
NAYS: None ..... O.
538
ZONING: Ordinance No. 29368 rezonin9 property located at 508 Gus
Nicks Boulevard, N. E., containing 0.17 acre, more or less, designated
as Official Tax No. 3321010, from RM-1, Residential Multi-Family, Low
Density District, to CN, Neighborhood Commercial District, subject to
certain proffered conditions, having previously been before the Council
for its first reading on Monday, November 14, 1988, read and adopted on
its first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading and final
adoption:
(~29368) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 41.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29368. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............... 7.
NAYS: None .................
PURCHASE/SALE OF PROPERTY-LANDMARKS: Ordinance No. 29372
authorizing execution of certain documents relating to the purchase and
exchange of certain property between the City and James L. Trinkle, in
the downtown area of the City, subject to various terms and conditions,
having previously been before the Council for its first reading on
Monday, November 14, 1988, read and adopted on its first reading and
laid over, was again before the body, Mr. Garland offering the
following for its second reading and final adoption:
(#29372) AN ORDINANCE authorizing the execution of certain docu-
ments relating to the purchase and exchange of certain property between
the City and James L. Trinkle, subject to various terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 42.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29372. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland and Mayor
Taylor ......... -4.
NAYS: Council Members Musser and Trout .......
e
(Council Member Bowers abstained from voting.)
PURCHASE/SALE OF PROPERTY: The City Manager submitted a written
report advising that on Monday, November 14, 1988, Council approved, on
first reading, Ordinance No. 29372, which authorized appropriation of
funds to complete the Trinkle Buildings sale/transfer/lease back tran-
saction related to the acquisiticn by the City of the historic Tr!nkle
Buildings.
It was explained that on this date, Council will vote on the
second reading of the Ordinance; and if approved, a budget ordinance
has been prepared by the Department of Finance which appropriates the
funds necessary to complete the transaction and increases the General
Fund Contingency by $24,000.00, as follows:
Purchase 120 and 122 Campbell Avenue $164,000.00
($64,000.00 City; $100,000.00 State grant)
Lease of 124 Kirk Avenue for City
$ 16,000.00
Legal fees associated with closing
$ 2,000.00
Total appropriation required $182,000.00
539
ACTION:
ACTION:
It was further advised that funding sources recommended for the
purchase of the buildings are as follows:
Division of Historic Landmarks Grant
(Previously appropriated on September
12, 1988)
$100,OO0.O0
Unanticipated State reimbursement for
construction of the jail pods
$106,000.00
Total revenues available
$206,000.00
The City Manager stated that the budget ordinance appropriates
$82,000.00 to the Capital Projects Fund Account No. 008-002-9620-9003
(Campbell Avenue Historic Properties), increases the General Fund
Contingency Account Appropriation by $24,000.00, and establishes an
Account Receivable and Revenue Estimate in the General Fund from the
Commonwealth of Virginia for $106,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following budget ordinance be placed
upon its first reading:
(#29378) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 45.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland and Mayor
Tayl or ........ ---4.
NAYS: Council Members Musser and Trout
(Council Member Bowers abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTtlER HEARINGS OF CITIZENS: NONE.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 4:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
HUMAN RESOURCES: The Mayor advised that the four year term of
Lois Eary as a member of the Advisory Board of Human Resources will
expire on November 30, 1988, and called for nominations to fill the
vacancy.
Mrs. Bowles placed in nomination the name of Lois Eary.
There being no further nominations, Ms. Eary was reelected as a
member of the Advisory Board of Human Resources for a term of four
years, ending November 30, lg92, by the following vote:
FOR MS. EARY: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ......... -7.
TRAFFIC: The Mayor advised that there is a vacancy on the City of
Roanoke Transportation Safety Comnisston created by resignation of
Christine J. Driscoll for a term ending October 31, 1992, and called
for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Stephen A. Mancuso.
540
There being no further nominations, Mr. Mancuso was elected as a
member of the City of Roanoke Transportation Safety Commission for a
term ending October 31, 1992, by the following vote:
ACTION: FOR MR. MANCUSO: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ........... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:15 p.m.
APPROVED
ATTEST:
City C1 erk
541
SPECIAL SESSION ROANOKE CITY COUNCIL
November 22, 1988
3:00 p.m.
m
The Council of the City of Roanoke met in special session in the City
Council's Conference Room, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, November 22, 1988, at 3:00 p.m., pur-
suant to Section 10, Meetings of Council, Generallx, of the Roanoke City
Charter, and pursuant to Resolution No. 29303, adopted by the Council on Monday,
September 26, 1988, with Mayor Noel C. Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........................ 7.
ABSENT: None ............
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; William X
Parsons, Assistant City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
OTHERS PRESENT: The Honorable J. Granger Macfarlane, Member, Senate
of Virginia; the Honorable A. Victor Thomas, Member, House of Delegates; the
Honorable Clifton A. Woodrum, III, Member, House of Delegates; School Board
Chairman James M. Turner, Jr.; School Board Members Donald Bartol, Edwin R.
Feinour, Velma B. Self, Marilyn C. Curtis, Superintendent Frank P. Tota;
Executive for Business Affairs and Clerk of the Board, Richard L. Kelley;
June S. Nolley, Secretary to the Superintendent; William F. Clark, Director of
Public Works; James D. Rttchie, Director of Human Resources; and Kit B. Kiser,
Director of Utilities and Operations.
The meeting was opened with a prayer by Mayor Taylor.
The Mayor advised that the special meeting was called to discuss
the 1989 Legislative Program of the City of Roanoke with the City's
representatives to the General Assembly and the Roanoke City School
Board, pursuant to Resolution No. 29303.
On behalf of the Council, the Mayor welcomed the legislators and
School Board members, and advised that the City is pleased to make the
presentation for the consideration of the City's delegation to the
General Assembly.
The Mayor advised that Council is pleased to commend its Legisla-
tive Program for consideration by the 1989 Session of the General
Assembly; that the Program was prepared by the City Attorney, Mr.
Wtlburn C. Dibltng, Jr., with the assistance of comments and sugges-
tions from Council Members, School Board Members, City and School admi-
nistrators and citizens; and the Program was adopted by Council on
Monday, September 26, 1988, pursuant to Resolution No. 29303.
The Mayor further advised that the Legislative Program consists of
three parts; that the first part is a series of policy statements which
represent the philosophy of Roanoke City Council on a number of impor-
tant policy issues; that it is impossible to anticipate all the legis-
lative issues that will arise during the course of any session of the
General Assembly, and these policy statements should provide helpful
guidance to our legislators throughout the Session; that the second
part of the Program consists of specific legislative proposals of the
City; and the third part consists of recommended Charter amendments.
The Mayor explained that Council is uniquely qualified to under-
stand the legislative needs of the City and its people, and he was
of the opinion that the Program is responsive to those needs; that with
the support of our legislators, and the City of Roanoke is fortunate to
have legislators who are most supportive and responsive to the needs of
the City and its citizens, he was of the opinion that the City Govern-
ment and School division will be improved and that the quality of life
for all citizens will be advanced.
542
The Mayor advised that if during the course of the General Assem-
bly Session, tile legislators have questions concerning the position of
the City on legislative matters, they are encouraged to contact the
City Attorney who will be pleased to respond after consultation with
Council or the School Board and any other appropriate officials.
The City Attorney reviewed the legislative proposals which include
the following topics:
SALES TAX - LOCAL OPTION
FULL FUNDING OF STATE MANDATED PROGRAMS
EDUCATION - FULL FUNDING OF STANDARDS OF QUALITY
EDUCATION - FINANCIAL STRESS OF URBAN SCHOOL
DIVISIONS
EDUCATION OPPOSITION TO TEACHER SALARY MANDATES
FUNDING FOR LOCAL SOCIAL SERVICES PROGRAMS
RIVER CHANNELIZATION
TRADE AND CONVENTION CENTER FUNDING
NURSING HOME FUNDING
OPEN SPACE RECREATION AND CONSERVATION FUND
DAY CARE - PROPOSED REGULATIONS SHOULD NOT EXTEND
TO PARKS AND RECREATION PROGRAMS
IMMUNITY FOR STAFF AND VOLUNTEERS IN YOUTH ATHLETIC
PROGRAMS
FIRE PROGRAMS FUND
CORRECTIONS BLOCK GRANT FUNDING FOR JUVENILE
FACILITIES
TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/
VIRGINIA TECH
PARKING AS AN ELIGIBLE TRANSPORTATION EXPENDITURE
EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS
DEMOLITION OF HISTORIC STRUCTURES
SEIZURE OF ASSETS OF DRUG DEALERS
RELOCATION BENEFITS
COLLECTIVE BARGAINING
The subjects of proposed City Charter amendments are as follows:
ACQUISITION OF PROPERTY
SALARIES OF MAYOR, VICE-MAYOR AND COUNCIL MEMBERS
PROCUREMENT - GENERALLY
PROCUREMENT - EMERGENCY
CONFLICTS OF INTEREST
PENALTY FOR ZONING VIOLATIONS
(For full text, see 1989 Legislative Program on file in the City
Clerk's Office.)
543
In conclusion, the City Attorney advised tl~at he looks forward to
working with each member of the City's delegation to the 1989 Session
of the General Assembly, that he will be pleased to be of service
during the Session, and if there are questions in respect to City
and/or School positions, he would encourage the City's delegation to
call upon him to address concerns or questions in which case he will
consulted with appropriate officials.
Senator A. Granger Macfarlane advised that Council struggles with
numerous issues that the General Assembly does not have to deal with,
from the naming of streets and facilities to a determination on the
budget, which are often times difficult issues. He stated that those
persons who are closest to the people pay the price and Council does a
good job, especially considering the kinds of matters it is called upon
to address.
With regard to the subject of combining local government, Senator
Macfarlane referred to a com~ittee that composed of himself, along with
Delegate C. Richard Cranwell and others, which has reached a verbal
consensus at this point as to recommendations to be submitted to the
General Assembly in January, 1989, and within the next two weeks the
committee will meet to place its recommendations in writing, but essen-
tially, its recon~mendations will contain certain substantial incentives
to be offered to all Virginia governments who wish to combine. He
added that a strong suggestion has been made to give local governments
the opportunity to oppose the one-half cent increase on the sales tax,
advising that he did not know if it will pass the committee; however,
it seems to be moving in a positive direction at this point, that there
may be some strings attached and matching dollar items, but they will
not be severe.
Senator Macfarlane said last year, in the categories of Health
Department, Mental Health/Retardation and Family and Child Care
Support, all localities in Virginia spent approximately $60 million.
He stated that he recommended and a committee has endorsed his recom-
mendation, in part, to provide that the State will pick up 100 per cent
of all of the above costs as an incentive for metropolitan government
and governmental cooperation.
The Senator further stated that there will be a package of incen-
tives that will range from outright cash to the localities, all the way
down to the State picking up 100 per cent of certain items that the
localities have paid as much as 50 per cent in the past.
With regard to improved access to Blacksburg, Senator Macfarlane
said the construction of such access is a closer realization than most
people believe. He pointed out that interest is beginning to form in
the General Assembly, at least on the Senate side, in the form of a
coalition of Senators who are interested in a roadway of four lanes
from one end of the State to the other. He stated that the coalition
is composed of Senators who represent the area around tile Yorktown
Bridge, Senators who live in the area of Portsmouth with the Barris
Hill connector, and Senators who live in the western part of the State
with the VPI - Blacksbur? - Roanoke connection. He said it is felt
that if these Senators can put together a four lane transportation
coalition, it will catch on in the General Assembly, similar to impro-
vements in northern Virginia and Tidewater in the past, and if the
coalition is successful, direct appropriations will be forthcoming in
about one year.
In connection with flood control, Senator Macfarlane advised that
in the very near future, recommendations on the Con~nonwealth's flood
control policy will be revealed. He said some landmark legislation
will be presented to the effect that the State will adopt a policy and
ultimately provide funding which will render assistance and impact
directly on the City of Roanoke.
Senator Macfarlane said the landfill question is the most dif-
ficult problem presently before the City, and he does not know how the
legislators can be of assistance. He said from his perspective, it
appears that it will be difficult to site a landfill anywhere in the
Commonwealth of Virginia, particularly in the Roanoke Valley, advising
that feelings have been so polarized by the news media that it is going
to be difficult for Council to do its job.
544
Senator Macfarlane explained that it is becoming a realization
that two medium size mass burning plants should be constructed. He
said in 1984, he chaired a committee that travelled all over the
Comn~nwealth of Virginia and looked at every mass burning plant then in
operation, and the conclusion of the committee, in addition to the work
that has been done in Portsmouth, Chesapeake, Suffolk, Norfolk and
Fairfax, indicates that it is the right way to go with proper environ-
mental protection. He stated that it would be possible to operate such
facilities through a special authority, and he, along with Delegates
Thomas and Woodrum would do all they could to provide the City with the
additional authority to move forward on two medium size mass burning
plants if it is the desire at the local level to proceed in that
manner.
In concluding, Senator Macfarlane complimented the City and the
School system on their accomplishments, and offered his assistance whe-
never needed by tire City or the School system.
Delegate A. Victor Thomas advised that a study commission on parks
presented eleven recommendations, ten of which were adopted, and $6
million went into the parks fund to be used for local parks. He said
when the recommendation reached the Appropriations Committee, of which
he is a member, it was amended to provide for 60 per cent in grants and
40 per cent in low cost loans. He said he was working with appropriate
state officials and City officials with regard to the application of
the City of Roanoke for park funds, and he would continue to work on
the City's behalf.
Also, with regard to parks, Delegate Thomas pointed out that
there will be a new feature on Virginia income tax forms in January
lgSg, whereby if an individual wishes to make a donation for parks,
there will be a check-off box for that purpose, noting that 25 per cent
of the contributions will go to the locality and 75 per cent will go to
the State.
Delegate Thomas advised that he has received numerous telephone
calls with regard to a potential shortfall in funding for social ser-
vice agencies. He said he has been advised by Secretary of Human
Resources, Eva Tieg, that the shortfall will be appropriately
addressed. Ne commended the City's Director of Human Resources, Mr.
James D. Ritchie, with the conmmnt that Mr. Ritchie is one of the best
professionals in his field in the Commonwealth of Virginia.
Delegate Thomas said that he, along with Senator Macfarlane,
serve on the Flood Control Committee and he is hopeful that the commit-
tee will be able to break new ground, advising that no one is more
cognizant than he as to the importance of preventative care. He
advised that he has talked with the City Manager and the City Attorney
about diverting funds for bridges and bikeways, etc., and assured
Council that he will work for the good of the City on flood control
measures.
With reference to education, Delegate Thomas said that he, as well
as his colleagues, spent a considerable amount of time addressing the
shortfall in funding for the schools last year, and he assured Council
that he will continue to work on the City's behalf this year. He said
we need to look at what is being done in Roanoke as well as in Richmond
and endeavor to cut costs without cutting the quality of education.
Delegate Thomas advised that he is a member the Jail Study Commit-
tee which is reviewing a funding source for regional jails, etc. He
stated that City and County officials have expressed shown an interest
in a jail farm, advising that when a decision is made to proceed, a
subcommittee in which he chairs will initiate a funding mechanism for
consideration.
With regard to the potential shortfall in social service funding,
Delegate Clifton A. Woodrum, III, advised that he talked with Secretary
Eva Tteg who advised him that appropriate funding will be included in
the Governor's budget; therefore, the City will not have to go through
the budget amendment process. He stated that Secretary Tieg has
pointed out that we need to look at the way this particular category is
funded, and she will make a recommendation that will have a direct
impact on the situation. Ne also commended Mr. Ritchie and stated that
he has a great deal of credibility Secretary Tieg.
545
m
Delegate Woodrum advised that the Secretary of Education has indi-
cated that he will work with the City to insure that equity and justice
are carried out in funding the educational budget, noting that 40 per
cent of the State budget is devoted to education.
Delegate Woodrum said that he, along with Senator Macfarlane and
Delegate Thomas, will continue to work with the City on flood control,
advising that at least three meetings have been held with the City
Manager and the City Attorney and others in an effort to find ways to
gain money from the State, that progress has been made, but the method
by which the money will be brought back to the Roanoke area is another
question and he hopes to render assistance in that regard.
Delegate Woodrum said he will be pleased to introduce the City
Charter Amendments Bill and try to move tt through the General
Assembly, while at the same time, relying upon his colleagues for
advice and legislative skill.
With reference to the seizure of assets of drug dealers, Delegate
Woodrum said the Crime Commission will recommend amendments and certain
statutory changes.
Mayor Taylor advised that he appreciated the commonality of
interest that exists between legislators and City officials.
Mr. James M. Turner, Jr., Chairman of the Roanoke City School
Board, expressed appreciation to the City Attorney for his usual
outstanding job in drafting the Legislative Program, noting that he was
assisted by Mr. Richard Kelley, Executive for Business Affairs and
Clerk of the School Board. He said he views this process as a team
work effort to benefit the Roanoke Valley and the City of Roanoke in
particular. He stated that the City's representatives to the General
Assembly have been very cooperative in working with School officials
and further stated that the school funding crisis last year offered an
opportunity for team work by City and School officials.
Mrs. Velma Self, Member, Roanoke City School Board, advised that
the meeting was informative and expressed appreciation to the City
Attorney for the quality of the 1989 Legislative Program.
Mr. Edwin R. Feinour, Member, Roanoke City School Board, expressed
appreciation for the cooperation and team work of the City's legisla-
tors with City and School officials as they worked together to address
the funding crisis for the schools last year. He commended the City
Attorney for submitting an excellent legislative package for the year
1989.
Mrs. Marilyn C. Curtis, Member, Roanoke City School Board, com-
mended Senator Macfarlane and Delegates Thomas and Woodrum on the
spirit of cooperation that exists between legislators, and City and
School officials.
Dr. Frank P. Tota, Superintendent of Roanoke City Schools,
expressed appreciation to Senator Macfarlane and Delegates Thomas and
Woodrum for their intervention on the City's behalf last year relative
to the shortfall in funding for education. He said they took a strong
stand to insure that southwest Virginia received its fair share of the
allocations that were made.
Dr. Tota advised that diversity in the City is increasing greatly,
advising that the City is spending $5 million less in enrollment money
than Roanoke County, and $1,000.00 less per child than the Cities of
Richmond and Charlottesville. He said he does not believe there is
equity for the children of the City of Roanoke and the City needs to
press forward and endeavor to get a three per cent increase in funding
from the State.
Dr. Tota explained that while the number of City children is
declining, their needs are still present, advising that from 1981 to
the present, the City has gone from 15 per cent of its students coming
from disadvantaged homes to over 35 per cent, that 40 per cent come
from single parent families and 17 per cent come from low income or
federally subsidized housing projects. He added that there can only be
equity if the children of the City of Roanoke receive the money that is
needed.
546
Chairman Turner reiterated that school population is declining and the
School Board has cut positions over the last several years to deal with
the decline. He said over 100 positions have been cut and other cost
savings have been generated in order to reduce the school budget by
$2.7 million. On a state average, he pointed out that the City School
administration spends 1.7 per cent as opposed to a state average of 2.2
per cent.
Mr. Turner also called attention to a diverse group of students in
the Roanoke Valley, with diverse needs, many of whom are students in
the Roanoke City system. He said the City has numerous students with
extremely special needs and in many instances, the school system is
having to assun~ the role of parent by training young people to live
socially as well as to learn the basic skills of reading, writing and
arithmetic, which requires more personnel and more money. In further
clarification, he said even though enrollment is dropping, the kinds of
students the system has to deal with requires more personal attention,
which in turn, requires additional funds.
Council Member Garland advised that he was pleased with the out-
come of the school funding situation last year. He said he was con-
fident that Senator Macfarlane and Delegates Thomas and Woodrum will do
everything they can for the City and he was appreciative of their
efforts on the City's behalf.
Council Member Musser referred to renovation/construction of
schools, which in some instances, is mandated by the State, and asked
that consideration be given at the State level to participate in the
costs associated with such renovation/construction. He also made
reference to fine forfeitures which go into the State Literary Fund,
and asked that the policy with regard to the dispensation of said funds
be reviewed at the State level.
Council Member Bowles expressed appreciation to the legislators
for what they have done for the City in the past and for what they will
continue to do in the future. She said that State aid received at the
local level has not grown at the same rate as revenue growth in the
State, and requested that the City's legislators be the watchdogs to
insure that the City of Roanoke will receive its equal share of state
revenue.
The City Manager advised that 1988 was only round one of two
rounds with regard to State educational funding. He said the City owes
a great deal of appreciation to its legislators for bringing to Roanoke
some very important funds that would have had a devastating effect on
the City School system if they had not been received. He advised that
the school budget is approximately $56 million, with the State's portion
of funding at approximately $27.28 million, noting that he has been
informed that the City can expect approximately a one per cent increase
in State funds which does not translate into a great deal of money. He
pointed out that the goal of the School Board is to have a three per
cent increase and the time to deal with the matter is during the next
few months as the City's representatives return to the General
Assembly. He said a decision on funding will be made by the General
Assembly in January 1989, and if the decision is the wrong one, City
Council will be dealing with the issue of funding in April or May
during its 1989-90 budget process.
As a token of appreciation for the efforts of Senator Macfarlane
and Delegates Thomas and Woodrum, on behalf of the Council and City and
School administrations, the Mayor presented each of them with City of
Roanoke Executive Glasses.
There being no further business, the Mayor declared the special
meeting adjourned at 4:50 p.m.
ATTEST:
City Clerk
APPROVED
547
SPECIAL SESSION ........ ROANOKE CITY COUNCIL
November 28, 1988
11:45 a.m.
The Council of the City of Roanoke met in special session in the City
Council's Conference Room, fourth floor of tile Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, on Monday, November 28, 1988, at 11:45 a.m.,
pursuant to Section 10, Meettngs of Council, Generally, of the Roanoke City
Charter, with Mayor Noel C, Taylor presiding.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor-- - ....... 7.
ABSENT: None---
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling,
Jr., City Attorney; Joel M. Schlanger, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The Pledge of Allegiance to the F1 ag of the United States of America
was led by Mayor Taylor.
The special meeting was called pursuant to the following com-
munication from the Mayor:
"November 23, 1988
Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, I am
calling a special meeting of the Roanoke City
Council for Monday, November 28, 1988, at
11:45 a.m., in the City Council's Conference Room.
The purpose of the meeting will be to convene in
Executive Session to discuss a legal matter being
the terms and conditions of a contract to be nego-
tiated, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended.
Sincerely,
S/Noel C. Taylor
Mayor"
Mr. Trout moved that Council convene in Executive Session to
discuss a legal matter being the temps and conditions of a contract to
be negotiated, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- - ........ 7.
NAYS: None ..... - ........... O.
548
At 11:55 a.m., the Mayor declared the meeting in recess.
At 12:55 p.m., the meeting reconvened in the Council's Conference
Room, with Mayor Taylor presiding, and all Members of the Council in
attendance.
ATTEST:
The Mayor advised that inasmuch as Council had not finalized its
discussion, and he did not have an announcement to make as a result of
the Executive Session; whereupon, he he declared the special meeting
adjourned at 12:57 p.m.
City C1 erk
APPROVED
Mayor
549
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 28, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, November 28, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O. Trout
and Mayor Noel C. Taylor ........................ ~7.
ABSENT: None ......
O®
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton,
Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
m
m
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to one
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and co~ittees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and con~nittees appointed by
Council, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, co~issions and comnittees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- ~ ....... 7.
NAYS: None-
O®
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINT-BUSES: Mr. David S. Luck, P. O. Box 1062, Roanoke,
appeared before Council and expressed concern with regard to the $.25
zone fare which is charged by the City of Salem to passengers riding
Valley Metro buses from the City of Roanoke to the Veterans
Administration Medical Center in Salem. He said he was attempting to
help those veterans who have severe disabilities, and requested that
Council render assistance in connection with eliminating the fare.
550
ACTION:
ACTION:
ACTION:
Following discussion of the matter, in which it was pointed out
that the City of Salem had declined to waive the $.25 zone fare, which
amounts to approximately $5,000.00 to $6,000.00 per year, Mr. Bowers
moved that the request of Mr. Luck be referred to the General Manager
of Valley Metro for study, report and recommendation to the Board of
Directors of the Greater Roanoke Transit Company, The motion was
seconded by Mr. Trout and unanimously adopted,
PLANNING: Mr. Wayne G. Strickland, Executive Director, Fifth
Planning District Commission, appeared before Council and presented an
oral report with regard to activities of the Commission during the past
two years.
Mr. Fitzpatrick moved that the oral report be received and filed.
The motion was seconded by Mrs. Bowles and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
SCHOOLS-BUSES: A communication from the Roanoke City School Board
requesting appropriation of $17,800.00 for the Chapter II Instructional
Strategies Program; $2,150.00 for the 1988-89 Scholastic Aptitude Test
Preparation Program and $17,000.00 for the Chess Program, was before
Council.
(For full text, see con~nunication on file in the City Clerk's Office.)
The Director of Finance submitted a written report advising that
he had reviewed the request; that the Chapter II Instructional
Strategies Program, SAT Preparation Program, and Chess Program are
funded with 100% federal funding, fees, or contributions; that no local
matching funds are required; and recommended that Council concur in the
request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29379) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 46.)
Mr. Trout moved the adoption of Ordinance No. 29379. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............. 7.
NAYS: None ............ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-VIRGINIA TECH-MUNICIPAL PARKING GARAGE: The City Manager
submitted a written report advising that the need for a graduate center
for the citizens of the Roanoke Valley was identified two years ago by
the Jefferson Nigh School Comittee; that the State initially
designated Virginia Western to begin the activities to act as a broker
between universities in the state and business and individual needs in
the Roanoke Valley; that Virginia Tech, under the leadership of Dr.
James McComas, has recently announced that Virginia Tech will be taking
over that function from Virginia Western; and Virginia Tech is working
with the University of Virginia, Radford University, Roanoke College,
Hollins College and many others, as a lead agency in getting them to
work towards providing credit and non-credit courses for the citizens
of the Roanoke Valley.
551
m
ACTION:
It was pointed out that Virginia Tech is desirous of occupying in
identifiable space as soon as possible; that they feel it is important
that the graduate center have a visible identity if they are going to
succeed in marketing classes to the citizens and businesses in the
greater Roanoke Valley; that Virginia Tech, working with the City's
Office of Economic Development, has identified the space in the Church
Avenue Garage, formerly occupied by Macado's, as a space they feel they
can get into relatively quickly and provide the visibility which is
desired for marketing purposes; and expectations are that the rela-
tionship with Virginia Tech will blossom into bigger and better deve-
lopments for downtown, and have a tremendous impact for the future.
Mr. Herbert explained that the main components of the agreement
are as follows:
"1. The term of the lease would begin March 1,
1989.
e
The building would be rent free for the first
two years with an option to extend the lease
by three years at $7.00 per square foot.
m
The City would plan and contract for improve-
ments to be made in the space (approximately
$250,000.00). Virginia Tech will reimburse
the City for all expenses related to improving
the space.
e
Virginia Tech will pay for janitorial services
and all utilities.
Even if the lease would be disapproved by the
State, all costs incurred by the City would be
reimbursed by Virginia Tech.
e
Six parking permits will be provided in the
Church Avenue Garage at market rate."
The City Manager recommended that he be authorized to enter into
an agreement with Virginia Tech and a lease to be negotiated with the
Commonwealth of Virginia; and that Council appropriate $250,000.00 to
an account to be established by the Director of Finance for the renova-
tion of 111 to 117 Church Avenue, with the establishment of an accounts
receivable for the same amount for reimbursement from Virginia Tech.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#2938O)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 47.)
Mrs. Bowles moved the adoption of Ordinance No. 29380. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None .....................................
O®
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29381) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and the Commonwealth of
Virginia and/or Virginia Polytechnic Institute and State University for
use of the premises at 111 through 117 Church Avenue, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 54.)
552
ACTION:
ACTION:
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor-- .7.
NAYS: None .... 9.
BUDGET-CAPITAL IMPROVEMENTS: The City Manager submitted a written
report advising that the fiscal year 1987-88 General Fund Balance
designated for Capital Maintenance and Equipment Replacement, pursuant
to Ordinance No. 26292, is $4,982,008.00; that a joint report from the
Director of Finance and the City Manager regarding the matter was pre-
sented to Council on August 8, 1988; and the Capital Maintenance and
Equipment Replacement Program for fiscal year 1988-89, based on the
total of $4,982,008.00 between City and School Administrations, is as
follows:
School Admi nlstration
City Admi ni stration
$1,540,000.00
3,442,008.00
The City Manager further advised that residual funds from the
fiscal year 1987-88 and fiscal year 1988-89 Capital Maintenance and
Equipment Replacement Programs for the City and School Administrations
are as follows, resulting in a balance of funds available:
CMERP
Residual CMERP Appropriations Balance
FY 1987-88 FY 1988-89 To Date Available
School Adm. $ - 0 - $1,540,000.00
City Adm. 306,061.00 3,442,008.00
$214,160.00
486,492.00
$1,325,840.00
3,261,577.00
It was pointed out that the fiscal year 1988-89 General Fund
budget available for capital maintenance and equipment replacement for
the City and School Administrations is as follows, resulting in a
balance of funds available:
Equipment Fixed Asset Appropriations Balance
Replacement Maintenance To Date Available
School Adm. $150,000.00 $ - 0 - $150,000.00 $ - 0 -
City Adm. 600,000.00 200,000.00 46,316.00 753,684.00
It was explained that Council's approval is required for expen-
ditures relating to the City Administration's Capital Maintenance and
Equipment Replacement Program, pursuant to Ordinance No. 26292.
The City Manager recommended that Council approve the recommended
expenditure list for the Capital Maintenance and Equipment Replacement
Program for the City Administration which will allow for competitive
bidding; and funding for said items will be appropriated after actual
bids/proposals are received and recommended for Council's approval.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the recommendation.
motion was seconded by Mr. Fitzpatrick and unanimously adopted.
The
GRANTS-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that Council on June 20, 1988, approved the Parks
Plan Implementation Program - Phase III as recommended by the Citizens'
Advisory Con~ittee on City-Wide Parks Study (C.A.C.); that the program
included 20 priority projects with an estimated total cost of $1
million; and implementation of the following projects was subject to
the availability of $300,000.00 in state/federal grant funds:
1. Wasena Park ............................................ $200,000.00
Relocate 4 lighted tennis courts ($120,000.00)
Relocate I lighted basketball court ($20,000.00)
Replace children's play areas ($60,000.00)
553
2. Smith Park .............................................. $ 60,000.00
a. Replace children's play areas ($ 60,000.00)
3. Washington Park ......................................... $ 40,000.00
a. Install athletic lights for existing football/
soccer field ($40,000.00)
m
Total ..... $300,000.00
It was further advised that the Citizens' Advisory Con~tttee, in
presenting Phase III of the park program to Council, recognized the
need for additional projects, such as the development of the additional
tennis facilities in Eureka Park; and the Citizens' Advisory Committee
recommended consideration for funding additional projects in the
future,
The City Manager explained that certain capital maintenance pro-
jects included in Phase III of the park program are proposed to be
funded in the Capital Maintenance and Equipment Replacement Program
(1988-89), as follows:
Washington Park tennis court
rehabilitation ......................... $ 80,000,00
Washington Park football/soccer
field lighting ......................... $ 40,000.00
Total ..... $120,000.00
As a result, two additional projects are proposed
to be included in Phase III of the,park program,
subject to the availability of grant funds:
Eureka Park tennis court development .... $ 80,000.00
Washington Park tennis court
lighting improvements 40,000.00
Total ..... $120,000. O0
It was further explained that the Virginia Outdoors Fund Program
provides grant funds for certain types of outdoor recreation facility
developments on a 50-50 shared cost basis.
The City Manager recommended that he be authorized to file a
Virginia Outdoors Fund grant request and other related documents with
the Division of Planning and Recreation Services, Commonwealth of
Virginia, for up to $300,000.00 in funding assistance for certain park
improvement projects at five City parks; and express the City's intent
to appropriate up to $300,000.00 in local match for the projects from
the following accounts:
1988 Park Bond Funds .................... $180,000.00
Capital Maintenance and Equipment
Replacement Program (1988-89) .......... $120,000.00
Total ........ $300,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland offered the following emergency Ordinance:
(#29382) AN ORDINANCE authorizing the City Manager, for and on
behalf of the City of Roanoke, to file application for a Virginia
Outdoors Fund grant for park improvement projects; expressing the
intention of Council to appropriate local funds to match such grant;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 48.)
554
ACTION:
ACTION:
Mr. Garland moved the adoption of Ordinance No. 29382. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ..... O.
BUDGET-GRANTS-CLEAN VALLEY COMMITTEE: The City Manager submitted
a written report advising that Council adopted Resolution No. 29068 on
April 25, 1988, designating the Clean Valley Council (CVC) to develop a
coordinated litter control program for the entire Roanoke Valley, and
authorizing the Clean Valley Council to apply for certain grant funds
from the Commonwealth of Virginia for operation of said program; and
the litter control grant was approved by the Department of Waste
Management, Division of Litter Control and Recycling, on July 25, 1988.
It was further advised that the City received grant funds, in the
amount of $8,101.00, which were appropriated to the Clean Valley
Council pursuant to Ordinance No. 29201, adopted on September 12, 1988;
and the Clean Valley Council received a $10,000.00 grant from the
Virginia Environmental Endowment to fund staff support for promotion of
source separation/curbside collection recycling programs to localities
throughout the Commonwealth of Virginia.
The City Manager explained that 9rant funds received by the Clean
Valley Council will not meet expenses for expansion of existing
programs and additional programming specifically pertaining to
recycling; that the Clean Valley Council submitted an application for
supplemental grant funds totalling $17,773.00 from the Department of
Waste Management, Division of Litter Control and Recycling; that a
supplemental grant was approved by the Department of Waste Management
on October 27, 1988; and the City received supplemental grant funds
totalling $17,773.00 from the Department of Waste Management.
The City Manager recommended that Council appropriate $17,773.00
to the Grant Fund, Account No. 035-052-5116-2010, and increase the
revenue estimate by $17,773.00 in the Grant Fund, Account No. 035-035-
1234-7033, for transfer to the Clean Valley Council, Incorporated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29383) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 48.)
Mr. Trout moved the adoption of Ordinance No. 29383. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ..... 7.
NAYS: None ........ O.
BUDGET-EQUIPMENT-FIRE DEPARTMENT-PARKS AND PLAYGROUNDS: The City
Manager submitted a written report advising that on November 28, 1988,
Council designated funds in the Capital Maintenance and Equipment
Replacement Program to purchase new trucks and related equipment; that
a bid request was specifically sent to eighteen vendors currently
listed on the City's bid list; that a public advertisement was also
published in the Roanoke Times and World-News; and bids were received,
after due and proper advertisement, publ"'~'~ly opened and read at
2:00 p.m., on October 10, 1988.
The City Manager recommended that Council award the lowest respon-
sible bids meeting specifications, as follows:
One new 1/2 ton pick up, 4 wheel drive to Berglund
Chevrolet, Inc., for the total amount of
$13,411.50.
555
ACTION:
ACTION:
ACTION:
Five new 3/4 ton pick ups, 4 wheel drive to
Dominion Dodge, Inc., for the total amount of
$79,748.50.
Three new dump truck cab/chassis to Johnson
International Trucks for the total amount of
$103,764.91, which includes freight charges and
bond cost.
Three new dump truck bodies to be mounted on above
cab/chassis, to Truck Body Corporation, for the
total amount of $20,174.40.
Appropriate $217,099.51 from the Capital Mainten-
ance and Equipment Replacement Program to the Fire
Department, Account No. 001-050-3213-9010, in the
amount of $13,411.50; and to Grounds Maintenance,
Account No. 001-050-4340-9010, in the amount of
$203,687.81.
Reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29384) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 49.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29384. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor- - ....... 6.
NAYS: None--
(Council Member Bowers abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#29385) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 50.)
Mr. Garland moved the adoption of Ordinance No. 29385. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor- - ........ 6.
NAYS: None-
(Council Member Bowers abstained from voting.)
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Director of Finance submitted copy of the
financial report for the City of Roanoke for the month of October,
1988.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES:
556
ACTION:
ACTION:
BUDGET-PUBLIC WORKS-SNOW REMOVAL: Council Member Robert A.
Garland, Chairman of a committee appointed by tile Mayor to take late
bids received for the construction of a Salt Storage Building at the
Public Works Service Center, located at 1802 Courtland Road, N. E.,
presented a written report on behalf of the con~ntttee recommending that
Council award a lump sum contract to Dome Corporation of America, in
the amount of $110,679.00 and ninety consecutive calendar days to
construct the Salt Storage Building, in accordance with contract docu-
ments as prepared by the City Engineer's Office; authorize the City
Manager to enter into a contractual agreement, in a form acceptable to
the City Attorney; and appropriate $118,000.00 from the Capital
Maintenance and Equipment Replacement Program, to an account to be
established by tile Director of Finance to be entitled Salt Storage
Building, as follows:
Contract Amount
Project Contingency
$110,679.00
7,321.00
Total Project Amount $118,000.00
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29386) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 50.)
Mr. Garland moved the adoption of Ordinance No. 29386. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatr(ck, Garland,
Musser, Trout and Mayor Taylor ......... 7.
NAYS: None ....................................
'-0o
Mr. Garland offered the following emergency Ordinance:
(#29387) AN ORDINANCE accepting the bid of Dome Corporation of
America, for construction of the salt storage building at the Public
Works Service Center, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 51.)
Mr. Garland moved the adoption of Ordinance No. 29387. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......................... 7.
NAYS: None .............. O.
BRIDGES: Council Member Robert A. Garland, Chairman of a commit-
tee appointed by the Mayor to tabulate bids received for the Read Road
Bridge over the Norfolk and Southern Railroad, presented a written
report on behalf of the committee recommending that the City Manager be
authorized to execute a unit price contract with Lanford Brothers
ompany, Incorporated, in the amount of $662,801.00 for Option "B"
twenty-four foot wide shoulder and ditch section road); and
appropriate and authorize the transfer of funds to an account to be
established by the Director of Finance for the Read Road Bridge
Replacement, from Public Improvement Bonds - Series 1985, Account No.
ACT[ON:
ACTION:
ACTION:
008-052-9577-9181, in the amount of $378,649.00, Public Improvement
Bonds - Series 1988, Account No. 008-052-9605-9176, in the amount of
$113,400.00, Capital Improvement Reserve, Account No. 008-052-9578-
9181, in the amount of $20,965.00, Capital Maintenance and Equipment
Replacement Program, in the amount of $50,760.00, and Undesignated
Capital Funds, in amount of $152,134.00.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(~29388) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 52.)
Mr. Garland moved the adoption of Ordinance No. 29388. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- 7.
NAYS: None-- O.
Mr. Garland offered the following emergency Ordinance:
(#29389) AN ORDINANCE accepting the bid of Lanford Brothers
Company, Incorporated, for construction of the Read Road replacement
bridge, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 53.)
Mr. Garland moved the adoption of Ordinance No. 29389. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- ...... 7.
NAYS: None ..............................
,0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
AIRPORT-DEEDS: Ordinance No. 29376 authorizing execution of a
deed releasing the City's reversionary interest in an approximate 7.9
acre parcel, transferred to the Roanoke Regional Airport Comission by
deed dated July 1, 1987, in exchange for an approximate reversion
clause in favor of the City being placed upon a certain acre parcel
obtained by the Com~nission from Roanoke County and known as a portion
of the "Ida May Holland" tract, having previously been before the
Council for its first reading on Monday, November 21, 1988, read and
adopted on its first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#29376) AN ORDINANCE authorizing execution of a deed releasing
the City's reversionary interest in certain property previously deeded
by the City to the Roanoke Regional Airport Conmnission, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 45.)
Mrs. Bowles moved the adoption of Ordinance No. 29376. The motion
was seconded by Mr. Bowers and adopted by the following vote:
557
558
ACTION:
ACTION:
ACTION:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None ........ O.
BUDGET-SALE/PURCHASE OF PROPERTY-ARCHITECTURAL REVIEW BOARD:
Ordinance No. 29378 amending and reordaining certain sections of the
1988-89 General and Capital Funds Appropriations, providing for
appropriation of funds to complete the Trinkle Buildings sale/transfer/
lease back transactions, having previously been before the Council for
its first reading on Monday, November 21, 1988, read and adopted on its
first reading and laid over, was again before the body, Mrs. Bowles
offering the following for its second reading and final adoption:
(#29378) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 45.)
Mrs. Bowles moved the adoption of Ordinance No. 29378. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland and Mayor
Taylor .......................................
NAYS: Council Members Musser and Trout
(Council Member Bowers abstained from voting.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR CO)~ENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: None.
At 3:25 p.m., the Mayor declared the meeting in recess.
At 3:55 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
HEALTH DEPARTMENT (MENTAL HEALTH): The Mayor advised that the
three year terms of Ms. Harriett P. McClung and Mr. Daniel E. Karnes
as City representatives to the Mental Health Services Board of
Directors will expire on December 31, 1988; that according to Mental
Health Services By-Laws, Ms. McClung is not eligible to serve another
term; and called for nominations to fill the vacancies.
Mr. Garland placed in nomination the name of Mr. Daniel E. Karnes.
There being no further nominations, Mr. Karnes was reelected as a
City representative to the Mental Health Services Board of Directors
for a term of three years, ending December 31, 1991, by the following
vote:
FOR MR. KARNES: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor .............................. 7.
Mrs. Bowles moved that Council concur in the reappointment of Mr.
Joseph J. Duetsch as an at-large member of the Mental Health Services
Board of Directors. The motion was seconded by Mr. Garland and
adopted.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there was
a vacancy on the Roanoke Neighborhood Partnership Steering Con~nittee,
created by the resignation of Mr. Willie E. Butler, and called for
nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Mr. Lawrence M.
Taylor.
There being no further nominations, Mr. Taylor was elected as a
member of the Roanoke Neighborhood Partnership Steering Coanittee, for
a term of three years ending December 31, 1991, by the following vote:
559
ACTION: FOR MR. TAYLOR: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor ......... 7.
YOUTH: The Mayor advised that there was a vacancy on the Youth
Services Citizen Board, created by the resignation of Mr. Robert J.
Ingram, Jr., and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name o1: Mr. Thomas H. Miller.
There being no further nominations, Mr. Miller was elected as a
member of the Youth Services Citizen Board to fill the unexpired term
of Robert J. Ingram, Jr., ending May 31, 1990, by the following vote:
ACTION: FOR MR. MILLER: Council Members Bowers, Bowles, Fitzpatrick,
Garland, Musser, Trout and Mayor Taylor ....... .7.
There being no further business, the Mayor declared the meeting
adjourned at 4:00 p.m.
APPROVED
~'~' ~ ~'ATTEST:
City C1 erk
,!
560
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 12, 1988
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 12, 1988, at 7:30 p.m., the regular
meeting hour, with Vice-Mayor Beverly T. Fitzpatrick, Jr., presiding, pursuant
to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the
City of Roanoke (1979~, as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, David A.
Bowers and Vice-Mayor Beverly T. Fitzpatrick, Jr. 4.
ABSENT: Council Members Elizabeth T. Bowles, James O. Trout and Mayor
Noel C. Taylor ....... 3.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by the Reverend Charles T. Green,
Chaplain, Roanoke Memorial Hospital.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Fitzpatrick.
ACTION-.
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS-TRAFFIC: Pursuant to notice of adver-
tisement for bids for widening turn lanes, storm drain improvements,
and traffic signal foundations at Orange Avenue and Granby Street,
N. E., said bids to be received by the City Clerk until 4:30 p.m., on
Monday, December 12, 1988, and to be held, opened and read before the
Council at 7:30 p.m., on that date, or as soon thereafter as the matter
may be heard, the Vice-Mayor asked if anyone had any questions about
the advertisement for bids, and no representative present raising any
question, the Vice-Mayor instructed the Deputy City Clerk to proceed
with the opening of the bids; whereupon, the Deputy City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
ALT. BASE BID TOTAL
H & S Construction Company
S. C. Rossi & Company, Inc.
Branch Highways, Inc.
$159,714.82
188,800.00
220,042.00
$40,143.50
43,389.00
50,345.00
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Vice-Mayor for tabulation, report and recommendation
to Council. The motion was seconded by Mr. Garland and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and Kit B. Kiser as members of the committee.
CIVIC CENTER-HANDICAPPED PEOPLE: Pursuant to notice of adver-
tisement for bids for an elevator for handicapped persons and related
uses at the Roanoke Civic Center, said bids to be received by the City
Clerk until 4:30 p.m., on Monday, December 12, 1988, and to be held,
opened and read before the Council at 7:30 p.m., on that date, or as
soon thereafter as the matter may be heard, the Vice-Mayor asked if
anyone had any questions about the advertisement for bids, and no
representative present raising any question, the Vice-Mayor instructed
the Deputy City Clerk to proceed with the opening of the bids;
whereupon, the Deputy City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Thor, Incorporated
Acorn Construction, Ltd.
Q. M. Tomlinson, Inc.
Martin Brothers Contractors, Inc.
Boxley Construction Company
$218,700.00
221,000.00
223,500.00
226,350.00
249,500.00
ACTION:
ACTION:
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Vice-Mayor for tabulation, report and recon~nendation
to Council. The motion was seconded by Mr. Garland and adopted.
The Vice-Mayor appointed Robert A. Garland, Chairman, William F.
Clark and George C. Snead, Jr., as members of the committee.
m
m
PUBLIC HEARINGS:
STREETS AND ALLEYS-SUBDIVISIONS: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, December 12, 1988, at
7:30 p.m., or as soon thereafter as the matter may be heard on the
request of the City of Roanoke to vacate a certain portion of a sub-
division previously recorded in Map Book 1, page 532, of land
belonging to Jimmy and Phyllis S. Goodykoontz, 4125 Belle Aire Circle,
S. W., pursuant to Section 15.1-482(b), Code of Virginia (1950), as
amended, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 25, 1988, and Friday', December 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
subject portion of the subdivision previously recorded in Map Book 1,
Page 532, be vacated pursuant to Section 15.1-482(b), Code of Virginia
(1950), as amended, based on the following conclusions, was before
Council.
The small area of land as previously dedicated is
insignificant in value and would not, in all proba-
bility, be needed for the widening of Belle Aire
Circle, S. W., for many years.
The overall effect and importance of maintaining a
policy of trust and mutual understanding between
the City and the individual property owner must be
considered in a minor dispute of this type.
Vacation of the plat as requested will operate to
reinvest title to that portion of the property to
the adjacent property owner (Goodykoontz) and will
not in any way affect the existing function or
needs of the adjacent public street, Belle Aire
Circle, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29390) AN ORDINANCE vacating a portion of a certain sub-
division plat and permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as is
more particularly described hereinafter; and authorizing the Mayor's
execution of a new subdivision plat.
(For full text of Ordinance, see Ordinance Book No. 51, page 55.)
ACTION: The motion was seconded by Mr. Musser.
ACTION:
No person wishing to address Council with regard to the matter,
Ordinance No. 29390 was adopted on its first reading by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick- --4.
NAYS: None .......
(Council Members Bowles, Trout and Mayor Taylor were absent.)
=-0o
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 12, 1988, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of Mr. W. H. Fralin,
Attorney, representing Mr. Teddy R. Rountree, that a tract of land
located on the westerly side of Peters Creek Road, N. W., containing
0.63 acre, more or less, described as Official Tax No. 2770101, and a
portion of Official Tax No. 2770104, be rezoned from C-1, Office
District, to C-2, General Commercial District, the matter was before
the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
November 25, 1988, and Friday, December 2, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Com~nission advising that the purpose
of the request to rezone is to permit the construction of a parking lot
to be used in conjunction with the existing business on the adjacent
lot (Four Star Rent-A-Car), was before Council.
The Planning Con~nission recon~ended approval of the rezoning,
advising that C-2 zoning on the property would be consistent with the
existing land use and zoning patterns on Peters Creek Road.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
fi rst reading:
(#29391) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 56.)
The motion was seconded by Mr. Musser.
No person wishing to address Council with regard to the matter,
Ordinance No. 29391 was adopted on its first reading by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ......... 4.
NAYS: None ....... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
CONSENT AGENDA:
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss personnel
matters relating to vacancies on various authorities, boards, com-
missions and co~nittees appointed by Council; and to discuss the use of
real property for public purpose.
ACTION:
ACTION:
ACTION:
ACTION:
MINUTES: Minutes of the regular meeting of Council held on
August 22, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Garland moved that the reading of the minutes be dispensed
with and that the minutes be approved as recorded. The motion was
seconded by Mr. Musser and adopted by the following vote:
AYES:
Fitzpatrick
Council Members Garland, Musser, Bowers and Vice-Mayor
4.
NAYS: None ............ O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
COUNCIL: A communication from Vice-Mayor Beverly T. Fitzpatrick,
Jr., requesting an Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, co~nissions and
con~nittees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that Council concur in the request of the Vice-
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, con~nissions and
con~nittees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended. The motion was seconded by Mr.
Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick 4.
NAYS: None ............... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
YOUTH: A communication from Carol B. Marchal tendering her
resignation as a member of the Youth Services Citizen Board, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ........... 4.
NAYS: None .............. O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
ROANOKE ARTS COMMISSION: A con~nunication from Eugenia L. Taubman
tendering her resignation as a member of the Roanoke Arts Conmnission,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Garland moved that the resignation be accepted with regret and
that the communication be received and filed. The motion was seconded
by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ........ 4.
NAYS: None ........... -0.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
563
564
ACTION:
ACTION:
ACTION:
PENDING LIST: A list of items pending from July 10, 1978, through
November 28, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Garland moved that the pending list be received and filed.
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ........... 4.
NAYS: None ............... O.
(Council Me~ers Bowles, Trout and Mayor Taylor were absent.)
SCHOOLS: A report of qualification of Marilyn C. Curtis and
James M. Turner, Jr., as Trustees of the Roanoke City School Board for
terms of three years each, con~encing July 1, 1988, and ending June 30,
1991, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Garland moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
fol 1 DWi ng vote:
AYES: Council Men~ers Garland, Musser, Bowers and Vice-Mayor
Fi tzpatri ck .4.
NAYS: None .............. O.
(Council Me~ers Bowles, Trout and Mayor Taylor were absent.)
TRAFFIC: A report of qualification of Stephen A. Mancuso as a
n~mber of the City of Roanoke Transportation Safety Commission for a
term ending October 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Garland moved that the report of qualification be received and
filed. The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fi tzpatrick .4.
NAYS: None ........
(Council Me~ers Bowles, Trout and Mayor Taylor were absent.)
REGULAR AGENDA:
HEA,RING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY: A communication from Mr.
Donald S. Caldwell, Coninonwealth's Attorney, advising that his 1988-89
budget request submitted to the State Compensation Board included a new
assistant attorney's position at an annual salary of $33,413.00
(consistent with the City Pay Plan); that the Commonwealth Attorney's
1988-89 budget as approved by the State Compensation Board included an
annual salary of $23,901.00 for this position; and the Conmnonwealth
Attorney's 1988-89 budget as approved by Council did not provide
funding for a new assistant attorney position.
The Commonwealth's Attorney reconm~nded that Council accept
funding provided by the State Compensation Board for an additional
Attorney I position to be filled on or about January 1, 1989, by
taking the following action:
ACTION:
ACTION:
Appropriate the Compensation Board approved funds,
in the amount of $14,291.00 ($11,951.00 for salary,
$898.00 FICA and $1,442.00 for retirement) to
appropriate accounts in the Commonwealth Attorney's
budget.
Transfer $5,688.00 from the General Fund Contin-
gency Account No. 001-001-9410-2199 as the City's
supplement to make this position's salary and
fringe benefits consistent with the City Pay Plan
for an Assistant Attorney I.
Increase the revenue estimate for shared expenses -
Commonwealth Attorney Account No. 001-0210-1234-
0610, in the amount of $14,291.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29392) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 57.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick 4.
NAYS: None .0.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
A report of the City Manager concurring in the above recommen-
dation, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Bowers and adopted.
The
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
NURSING HOME-JUVENILE DETENTION HOME: The City Manager recognized
Mr. R. F. Hyatt, who was promoted to the position of Administrator of
the City Nursing Home, effective December 1, 1988, and Mr. Mark
Johnson, who was promoted to the position of Superintendent of the
Juvenile Detention Home, effective Dece~er 5, 1988.
The Vice-Mayor congratulated Messrs. Hyatt and Johnson on their
recent promotions.
ITEMS RECOMMENDED FOR ACTION:
HEALTH DEPARTMENT: The City Manager submitted a written report
advising that a local con~nitment statement was used in previous years
to certify that Council appropriated a given amount for tile support of
the Roanoke City Health Department; that health laws of Virginia state
that: "A governing body of a City may enter into a contract with the
Board for operation of the local health department in such City. The
contract between the City and the Board shall specify the services to
be provided in addition to the services required by law and shall con-
tain other provisions as the Board and the governing body may agree
upon".
565
566
ACTION:
It was explained that a local commitment statement was declared
obsolete on July 1, 1987, and replaced by a contract and services check
list; that a contract and services check list must be completed per
instructions received by the State Health Department from Dr. Robert B.
Stroube, Deputy Commissioner for Con,unity Health Services, dated
September 27, 198B; that the contract between the Commonwealth of
Virginia and the City of Roanoke is necessary for proper billing to
localities for health and environmental services; that a contract
establishes that legal defense with respect to services performed pur-
suant to local ordinance, services performed pursuant to State enabling
legislation set out in Title 15.1 of the State Code, and other services
set out in the contract will be provided by the City Attorney, which
may impose an additional burden on said office.
The City Manager recommended that he or his designee be authorized
to execute a contract approved by the City Attorney with the State
Health Department, as provided for in the health laws of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29393) AN ORDINANCE authorizing the execution of a contract
with the Virginia Department of Health to provide for the operation of
the City of Roanoke Health Department.
(For full text of Ordinance, see Ordinance Book No. 51, page 58.)
The motion was seconded byMr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick. 4.
NAYS: None ........... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
FIRE DEPARTMENT-SIGNALS AND ALARMS: The City Manager submitted a
written report with regard to a Municipal Fire Alarm System policy,
reconm)anding that Council concur in a five part program as follows:
The City Manager appoint a committee comprised
of Fire Department, Building Inspections,
Communications and Signals and Alarms person-
nel to study and recommend a method to reduce
all false alarms by means of financial
penalties for false calls due to malfunction
or unintentional. This recommendation should
be reported for Council's approval by August
1989. The Committee should answer the
following questions:
when to charge
amount to charge
method of determination
department in charge of administration of
policy
number of free disconnects for tests
what determines malfunction or uninten-
tional
Not approve any additional private Master Fire
Alarm Boxes (MFA) for connection to system.
ACTION:
Start a phase out program to remove residen-
tial street boxes on residential streets. The
boxes to be removed would be decided jointly
by the Fire Department and Signals & Alarms
Department based on number of times pulled for
false alarms and reduction of cable plant.
Keep MFAS Dispatch (Alarm) circuits in opera-
tion for the time being. Take another look at
means of improving or changing dispatch system
in approximately five years after Computer
Assisted Dispatch (CAD) has been up and
running and KDT's have been proven.
Keep street boxes along arterial streets,
higher value areas, higher risk areas, and
Central Business District, and allow existing
private masters and City owned masters to stay
connected for time being.
The City Manager further reconm~nded adoption of the Municipal
Fire Alarm System policy, with the understanding that:
The City Manager will present a report on charging
for false calls from internal system and hew to
reduce these calls.
Additional private Master Fire Alarm Boxes (not
previously approved) will not be accepted for con-
nection to MFAS.
A program will be started for removal of street
fire alarm boxes in residential ar~as.
Dispatch circuits will be kept as is for approxima-
tely five years.
Street boxes along arterial streets, high value
areas, and Central Business District, as well as
existing or approved private n~ster boxes will be
allowed to remain connected and in service for the
time being.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that Council concur in the recon~endations. The
motion was seconded by Mr. Garland and adopted.
BUDGET-STATE SOIL SURVEY PROGRAPH: The City Manager submitted a
written report advising that a soil survey is a scientific inventory of
the soils made on a jurisdictional basis, and includes the following:
Maps showing the location of different kinds of
soils, detailed descriptions of each soil, labora-
tory data on many physical and chemical properties
of soils and interpretations for many uses
(engineering, conmunity development, health,
recreation, public works.and agriculture).
Information regarding depth to bedrock, depth to
high water table, depth to layers that restrict
water movement, availability of sand or gravel,
slope of land, soil texture, flood hazard, slippage
hazard and many other characteristics.
It was further advised that the National Cooperative Soil Survey
is a joint federal/state effort to inventory all of tile nation's
soils; that the project began in 1988 and is fifty per cent complete;
and that the Virginia Soil Survey Program is a cooperative undertaking
among the United States Soil Conservation Services, Virginia Polytech-
nic Institute and State University and Virginia Department of Conserva-
tion and Historic Resources to survey and map the State soils by 1990.
567
568
ACTION:
It was pointed out that the Virginia Soil Conservation Services is
currently surveying the soils in Roanoke and Botetourt Counties and is
interested in having the City of Roanoke participate in the program;
and that participation requires that the City formally request to enter
the program and commit to share in the cost of conducting the soil sur-
vey.
The City Manager recommended that he be authorized to request that
the Soil Conservation Service include the City of Roanoke in the State
Soil Survey Program by offering to share in the cost of conducting the
soil survey in an amount not to exceed $8,500.00; and further authorize
the transfer of $8,500.00 from the Contingency Reserve Account No.
001-002-9410-2199 into the Engineering Fees for Professional Services
Account No. 001-052-4310-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29394) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 58.)
The motion was seconded by Mr. Musser and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ......... 4.
NAYS: None ....... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that Council received an informational report
on August 8, 1988, describing required drainage improvements along
Southern Lane, S. W., just off of Franklin Road; that Hunting Hills
Shopping Center is currently being constructed by B. D. & E. Develop-
merit Corporation of Nashville, Tennessee, with E. C. Pace Company,
Inc., employed by them to install the storm drain system for the site;
that construction plans were previously submitted to the City of
Roanoke for review and approval; and that the site plan, including the
storm drain system, was approved for construction on October 11, 1988.
It was further advised that the Southern Hills Storm Drain system
is currently being designed "in house" by the Department of Engineering
and must tie to the outfall of the Hunting Hills Shopping Center System
with an acceptable transition of flow from one to the other; and that
the shopping center developer contributed $60,000.00 to the City for
the off-site drainage improvements along Southern Lane.
It was pointed out that storm drain improvements being constructed
by the shopping center developer progressed ~ore rapidly than the work
along Southern Lane proposed by the City; that a potential problem was
created when the new drainage facilities on the shopping center site
were installed so as to outfall into an open channel along the edge of
Southern Lane; that corrective measures were taken by authorizing the
contractor working on the shopping center storm drain to extend pipes
along Southern Lane so as to provide an improved transition pending
construction of the City's proposed project; that the estimated cost
for the work is $17,600.00; and the City Administration declared the
situation as an emergency pursuant to Section 41 of the City Charter
and authorized E. C. Pace Company, Inc., to proceed with the corrective
work on a purchase order basis.
The City Manager recon~nended that Council authorize the following:
Issuance of a purchase order to E. C. Pace Company,
Inc., to perform the necessary work and revisions
to the storm drain facilities along Southern Lane.
569
Appropriate from Accounts Receivable a portion of
the $60,000.00 paid by B. D. & E. Development
Corporation for downstream storm drain improve-
ments, in the sum of $21,086.30, to a new account
entitled Southern Lane Storm Drain to be
established by the Director of Finance. The total
sum of $21,086.30 shall include $17,571.92 project
amount and $3,515.38 contingency.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29395) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 59.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick 4.
NAYS: None ............
Oe
(Council Members Bowles, Trout and Mayor Taylor were absent.)
Mr. Bowers offered the following Resolution:
(#29396) A RESOLUTION authorizing and ratifying the procurement
of emergency storm drain construction work in the vicinity of Hunting
Hills Shopping Center.
ACTION:
(For full text of Resolution, see Resolution Book No. 51, page 54.)
Mr. Bowers moved the adoption of Resolution No. 29396. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick. 4.
NAYS: None O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
DIRECTOR OF FINANCE:
BUDGET-VICTIM/WITNESS/JUROR PROGRAM: The Director of Finance
presented a written report advising that the Victim Witness Assistance
Grant No. 87-A6524 began November 1, 1987 and ended August 31, 1988;
that funding and expenditures for the grant were as follows:
State Local Total
Funding $17,158.00 $9,916.00 $27,074.00
Expenditures 16,024.79 9,276.91 25,301.70
Unexpended Amount
$ 1,133.21 $ 639.09 $ 1,772.30
It was pointed out that the total appropriation for the grant was
$27,141.00; that actual funding received was $27,074.0D; that total
expenditures were $25,301.70; that the unexpended amount of $1,133.21
will be returned to the State, and the unexpended local match amount of
$639.09 will be returned to the General Fund; that the Victim Witness
Assistance Grant provides services which address the needs of victims
and witnesses within the Roanoke criminal justice system; and recom-
mended the following:
570
ACTION:
ACTION:
Grant No. 87-A6524 may now be closed.
Unexpended funds of $1,133.21 be returned to the State.
Unexpended local funds of $639.09 be returned to the General Fund.
The following appropriation and revenue adjustments be enacted:
Regular Employee Salaries
Temporary Employee Wages
FICA
Hospital Insurance
Fees for Prof. Services
Telephone
Admin. Supplies
Expendable Equipment
Training and Development
Management Services
State Grant Revenue
Local Match
(035-026-5111-1002) $(1,359.00)
(035-026-5111-1004) 404.00
(035-026-5111-1120) (155.00)
(035-026-5111-1125) 270.00
(035-026-5111-2010) ( 78.00)
(035-026-5111-2020) (114.00)
(035-026-5111-2030) (205.00)
(035-026-5111-2035) (219.00)
(035-026-5111-2044) (435.00)
(035-026-5111-7015) 52.00
(035-035-1234-7016) (1,200.00)
(035-035-1234-7017) (639.00)
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29397) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 59.)
The motion was seconded by Mr. Musser and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ................... 4.
NAYS: None ...............
(Council Members Bowles, Trout and Mayor Taylor were absent.)
REPORTS OF COMMITTEES:
AUDIT COMMITTEE: Council Member David A. Bowers, Chairman of the
Audit Con~nittee, presented the minutes of the Audit Con~ntttee meeting
which was held on Monday, November 28, 1988.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Bowers moved that the minutes be received and filed.
motion was seconded by Mr. Garland and adopted.
The
AUDIT COMMITTEE: Council Member David A. Bowers, Chairman of the
Audit Conmittee presented a report on behalf of the Conmnittee advising
that in accordance with Council's resolution adopted on June 6, 1977,
the Con~nittee obtained and evaluated proposals for audits of the City
of Roanoke financial records for the years ending June 30, 1989 through
1992; and that the proposals were evaluated in accordance with uniform
criteria established prior to requesting the proposals.
The Con~ntttee recommended that Council authorize the City Manager
to enter into the appropriate contract with Peat Marwick Main and
Company for the performance of the annual audits; and that the Director
of Finance adjust the current year budget estimate in Account No. 001-
005-1240-2010 to the fiscal year 1989 contract amount.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29398) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 60.)
571
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ........................ 4.
NAYS: None--- O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29399) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Peat Marwick Main and Company for the performance of
annual audits of the City finances for each of the fiscal years ending
June 30, 1989, 1990, 1991 and 1992, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 60.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick- 4.
NAYS: None O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
BUDGET-SEWERS AND STORM DRAINS: Council Member Howard E. Musser,
Vice-Chairman of the Water Resources Committee presented a written
report on behalf of the Committee advising that three blowers for aera-
tion of tanks at the Sewage Treatment Plant are powered by 1600-horse-
power White Superior Engines (Nos. 6, 7, and 8); that No. 6 Blower
Engine was overhauled in July of 1987; that No. 7 Blower Engine was
overhauled in June of 1988, in the amount of $63,000.00; that during
the ninety day warranty inspection, a bad n~in-bearing and cracked
crankshaft was found; and that the bearing and crankshaft were not
covered by the warranty.
A staff report pointed out that the No. 8 Blower Engine is being
replaced by an electric motor pursuant to Ordinance No. 21077; that the
scheduled completion date is January 1, 1989; that Cooper Industries
has submitted a proposal for repair of No. 7 Blower in the amount of
$54,000.00, excluding parts; that Auto Coach and Engine Company has
submitted a proposal for the repair of No. 7 Blower in an amount bet-
ween $55,000.00 and $60,000.00, excluding parts; and that the replace-
ment parts for repair are available only from a sole source, Cooper
Industries, which dictates cost and availability of parts.
The Committee recommended that Council agree to scrap the old
No. 7 Engine and take bids for the replacement with a new diesel fired
engine, at an approximate cost of $300,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(~29400) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 61.)
ACTION: The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick 4.
NAYS: None O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
572
ACTION:
EASEMENTS-WATER DEPARTMENT: Council Member Howard E. Musser,
Vice-Chairman of the Water Resources Committee presented a written
report on behalf of the Committee advising that the developer of
Crossroads Mall recorded a plat dated December 6, 1960, establishing
City of Roanoke waterline easements on-site; and that easements and
waterlines were relocated during construction of the former Woolco
Building (now K-Mart), with the agreement of the City, but were not
recorded.
A staff report pointed out that Zane May Operating Partners L.P.,
current owners of Crossroads Mall, desire to formally vacate the old
abandoned easement and dedicate the thirteen new easements that contain
the Mall's water lines; and that the petitioner agrees to prepare all
necessary legal documentation.
The Committee recommended that Council authorize the abandonment
of a water line easement and the dedication of thirteen other water
line easements at Crossroads Consumer Mall by appropriate legal docu-
ments in a form approved by the City Attorney and subject to the City's
review and approval of a proper plat of dedication.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29401) AN ORDINANCE authorizing the abandonment of a certain
water line easement and the dedication of thirteen other water line
easements serving Crossroads Consumer Mall, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 62.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ........ 4.
NAYS: None ........... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
BUDGET-SALE/PURCHASE OF PROPERTY-SCHOOLS: Council Member Howard
E. Musser, Vice-Chairman of the Water Resources Committee presented a
report on behalf of the Committee advising that Oakland School was ori-
ginally built by Roanoke County in 1923, was expanded in 1937, and a
multi-purpose addition was built in 1973; that school enrollment is
currently 265 students; that the school site is currently 2.86 acres;
that the state standards for a new school with 265 students would
require a 6.5 acre site; that the optimum size probably could not be
achieved in a developed neighborhood such as the Williamson Road area;
and the need exists for a site as near standard size as possible.
A staff report pointed out that properties at 3309 - 3315
Williamson Road, N. E., Official Tax Nos. 3160103, 3160104 and 3160150
contain a multi-family complex consisting of two large residential
structures converted to apartments and several one-story masonry
"tourist camp" type structures converted to apartments; that there are
numbers on doorways indicating as many as 18 apartments in the
buildings; that the physical condition and appearance of most of the
structures is poor; that the neighborhood groups have expressed the
opinion that the development is not compatible with the elementary
school and have asked the City to consider acquisition of the property
for addition to the school site.
It was noted that the Department of Real Estate Valuation
currently has a value of $180,000.00 on the properties for tax pur-
poses; that the School Board had an independent appraisal prepared as
of November 15, 1985, which established a fair market value of
$175,000.00; that the owner estimates the property value to be
$210,000.00; that demolition of structures on the property is estimated
to cost $8,000.00; and the site contains approximately 0.93 acres.
573
The Committee recon~nended that Council concur in the following
recommendations:
Authorize the acquisition of property at 3309-3315
Williamson Road, N. E., Official Tax Nos. 3160103,
3160104, 3160150, through negotiated purchase or
condemnation should it be necessary, for a price of
$180,000.00.
Authorize the demolition of the structures on the
property at an estimated cost of $8,000.00.
Authorize the construction of certain improvements
to the property at an estimated cost of $13,200.00.
Authorize a contingency account of $20,000.00 for
the acquisition and demolition phases of the pro-
ject.
Authorize the dedication of the property for school
purposes after acquisition.
Appropriate a total of $221,200.00 to a new account
to be established by the Director of Finance for
Property Acquisition, Oakland School in the Capital
Projects Fund.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29402) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 62.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fi tzpatrick- 4.
NAYS: None .0.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29403) AN ORDINANCE providing for the acquisition of real
estate needed by the City to be added to Oakland Elementary School pro-
perty; authorizing the City Manager to affix a certain limit of the
consideration to be offered by the City for each parcel; providing for
the City's acquisition of such real estate by condemnation, under cer-
tain circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of con~nencing
the project; and directing the mailing of this ordinance to the pro-
perty owner(s).
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 63.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick. 4.
NAYS: None ........... O.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
574
ACTION:
BUDGET-SALE/PURCHASE OF PROPERTY-SCHOOLS: Council Member Howard
E. Musser, Vice-Chairman of the Water Resources Committee presented a
written report on behalf of the Committee advising that Highland Park
School was built in 1906; that it is currently being completely renova-
ted; that the school enrollment, when re-opened will be 350 students;
that the school site is currently 1.3796 acres in size; that state
standards for a new school with 350 students would require a 7.5 acre
site; and the optimum size can not be achieved in a developed neigh-
borhood such as Old Southwest.
A staff report pointed out that the property at 422 Albemarle
Avenue, S. W., Official Tax No. 1022802, has been for sale for some
time; that the property, 19,500 square feet in area, contains a nine
unit apartment development consisting of two structures, one containing
six units, one containing three units; and the property has just been
sold or is under a sale contract agreement with a buyer other than the
City.
It was further stated that the physical condition of the struc-
tures is very poor; that the School Board had an independent appraisal
prepared a year ago, which indicated the value of $156,000.00; and that
demolition of the structures on-site is estimated to cost $7,500.00.
The Committee recommended that Council concur in the following
recommendations:
Authorize the acquisition of property at 422
Albemarle Avenue, S. W., Official Tax No. 1022802,
through negotiated purchase or condemnation should
it be necessary, for a price of $156,000.00.
Authorize the demolition of the structures on the
property at an estimated cost of $7,500.00.
Authorize the construction of certain improvements
to the property at an estimated cost of $20,581.00.
Authorize a contingency account of $20,000.00 for
the acquisition and demolition phases of the
project.
Authorize the dedication of the property for school
purposes after acquisition.
Appropriate a total of $204,081.00 to a new account
to be established by the Director of Finance for
Property Acquisition, Highland Park School in the
Capital Projects Fund.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29404) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 64.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick ............ 4.
NAYS: None ......... .---0.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
m
ACTION:
ACTION:
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29405) AN ORDINANCE providing for the acquisition of real
estate needed by the City to be added to Highland Park School property;
authorizing the City Manager to affix a certain limit of the con-
sideration to be offered by the City for each parcel; providing for the
City's acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on the parcel for the purpose of commencing the project;
and directing the mailing of this ordinance to the property owner(s).
(For full text of Ordinance, see Ordinance Book No. 51, page 64.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick-- 4.
NAYS: None ....
Oo
(Council Members Bowles, Trout and Mayor Taylor were absent.)
SEWERS AND STORM DRAINS-INDUSTRIES: Council Member Howard E.
Musser, Vice-Chairman of the Water Resources Conmittee presented a
written report on behalf of the Committee advising that the City of
Roanoke established a fifty foot wide public utility easement along the
easterly boundary of the Roanoke Centre for Industry and Technology
when the subdivision was recorded; that public utility easement is now
used by Appalachian Power Company, with space remaining for other uti-
lities should they be needed.
A staff report pointed out ti~at the County of Roanoke has
requested the City's permission to install a sanitary sewer line
through the City's public utility easement for a distance of approxima-
tely eight hundred feet, entering the City at the westerly end of
Blueview Drive, N. E., travelling in a norhterly direction and re-
entering the County just north of the southeasterly corner of the Orvis
property; that the County sanitary sewer follows a natural drainage low
along the alignment; that any other alignment in the County to the east
of the would involve extensive excavation in order to maintain gravity
flow; that the public utility easements are usually designated for use
by the City-owned and franchised utilities; that Council's authority is
needed in order to authorize use of the public utility easement by the
Roanoke County-owned sewer line; and that the County's Utilities
Department was asked by letter from Charles M. Huffine, City Engineer,
dated August 5, 1988, to provide ductile iron pipe for a portion of the
sewer line through City, and to provide one free sewer connection to
future developer of the industrial site the line passes through; that
ductile iron pipe will be provided; and free sewer connection, or
payment in lieu of, will be provided subject to further negotiation
regarding size of connection and method of providing it.
The Committee recommended that Council authorize the extension of
a sanitary sewer line through the Roanoke Centre for Industry and
Technology, and re-designate the approximately 800 foot length of the
easement containing the sanitary sewer "Public Utility and Sanitary
Sewer Easement".
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29406) AN ORDINANCE authorizing the extension of a sanitary
sewer line through an existing public utility easement in the Roanoke
Centre for Industry and Technology, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 65.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
575
576
ACTION:
ACTION:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick .................................... 4.
NAYS: None ...................
(Council Members Bowles, Trout and Mayor Taylor were absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
VIRGINIA POLYTECHNIC INSTITUTE & STATE UNIVERSITY-MUNICIPAL
PARKING GARAGE: Ordinance No. 29381 authorizing the proper City offi-
cials to enter into a lease agreement between the City and the
Commonwealth of Virginia and/or Virginia Poly-technic Institute and
State University for use of the premises at 111 through 117 Church
Avenue, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, November 28, 1988,
read and adopted on its first reading and laid over, was again before
the body, Mr. Bowers offering the following for its second reading and
final adoption:
(#29381) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreemen'C between the City and the Commonwealth of
Virginia and/or Virginia Polytechnic Institute and State University for
use of the premises at 111 through 117 Church Avenue, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 54.)
Mr. Bowers moved the adoption of Ordinance No. 29381. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Bowers and Vice-Mayor
Fitzpatrick. 4.
NAYS: None .......................
-0.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 8:16 p.m., the Vice-Mayor declared the meeting in recess.
At 8:50 p.m., the meeting reconvened in the Council Chamber, with
Vice-Mayor Fitzpatrick presiding, and all members of the Council in
attendance, with the exception of Council Members Bowles, Trout and
Mayor Taylor.
WATER DEPARTMENT: The Vice-Mayor advised that there was a vacancy
on the Advisory Committee - Crystal Spring Pumping Station due to the
resignation of Lucian A. Durham, Jr., for a term ending June 30, 1989,
and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Lawrence M. Taylor.
There being no further nominations, Mr. Taylor was elected as a
member of the Advisory Committee - Crystal Spring Pumping Station for a
term ending June 30, 1989, by the following vote:
FOR MR. TAYLOR: Council Members Garland, Musser, Bowers, and
Vice-Mayor Fitzpatrick ............. 4.
(Council Members Bowles, Trout and Mayor Taylor were absent.)
577
ATTEST:
There belng no further business,
meeting adjourned at 8:51 p.m.
APPROVED
Deputy City Clerk
the Vice-Mayor declared the
578
SPECIAL SESSION ROANOKE CITY COUNCIL
December 14, 1988
8:30 a.m.
The Council of the City of Roanoke met in special sessioQ in the
Crawford Hall Lounge at Roanoke College, Clay ~treet, Salem~,.~tr§inia, on
~ednesday, December 14, 1988, at 8:30 a.m., with Mayor Noel C. Taylor presiding,
pursuant to Section 10, Meetings of Council, of the Roanoke City Charter.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Howard E. Musser and Mayor Noel C. Taylor ........ 5.
ABSENT: Council Members Robert A. Garland and James O. Trout ........ 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; Sandra H. Eakin, Deputy City Clerk; and Barry L.
Key, Manager, Office of Management and Budget.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The special meeting was called pursuant to the following com-
munication from the Mayor:
"December 8, 1988
Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council,
Generally, of the Roanoke City Charter, I am
calling a special meeting of the Roanoke City
Council for Wednesday, December 14, 1988, at
8:30 a.m., in Crawford Hall Lounge at Roanoke
College, Salem, Virginia. The purpose of the
meeting will be to continue the Strategic Planning
Session from November 2 and 3, 1988, and to convene
in Executive Session to discuss a legal matter,
being the terms and conditions of a contract to be
negotiated, pursuant to Section 2.1-344 (a) (7),
Code of Virginia (1950), as amended.
Sincerely,
S/Noel C. Taylor
Mayor"
The City Manager advised that the goal of the strategic planning
session was to complete the exercise in terms of finalizing community
goals. He stated that at the National League of Cities conference held
in Boston, Massachusetts, December 2 - 8, 1988, Ms. Cindy Kahn,
Director of Field Services for Public Technology, Inc. (P.T.I.),
chaired a strategic planning workshop; that the mayors of the cities of
Hampton, Virginia, Chapel Hill, North Carolina and Roanoke, Virginia,
spoke on strategic planning; and that the mayor of the City of Hampton
advised that Hampton has been involved in the strategic planning pro-
cess for about ten years, and has become quite sophisticated and
focused on its community goals. The City Manager said that during the
workshop, Mayor Taylor reviewed the significant planning efforts the
City of Roanoke has made dating back to the early 1980's, which were
our downtown planning efforts, our neighborhood partnership planning
efforts, and our parks and recreation planning efforts, and that the
majority of the questions with regard to how a city gets started in the
strategic planning process, went to Mayor Taylor.
The City Manager further stated that portions of the strategic
planning document will be seen during the time period when the actual
budget is submitted to Council, with some very specific programs about
what we are currently doing and what we would like to do. He said that
at the close of this session, the staff will start a more formal pro-
cess of translating this process into action and will bring it back for
Council's approval, and then Council will be receiving updates on how
the staff is dealing with the issues.
The City Manager welcomed Ms. Cindy Kahn of P.T.I. Ms. Kahn
stated that people had remarked at the National League of Cities con-
ference that the strategic planning workshop was the most useful
session they attended during the conference. She said that it is rare
to see a City Council move ahead on strategic planning and development,
and that people are awestruck by the achievements of the City of
Roanoke.
Ms. Kahn reviewed the information that was covered during the
strategic planning session at Mountain Lake: an environmental scan, an
economic development scan, with a group discussion on strengths,
weaknesses, opportunities and threats, and a scan on the social sector
of the conm~nity. She stated that during the first session, Council
identified some strategic issues for the city to focus on in the
future, i.e., economic development, education, environmental quality
(to include natural resources and the quality of manmade development),
image of the City of Roanoke, regional approaches to regional problems
and opportunities, and restructuring of government to meet challenges
facing the region. Ms. Kahn said that these are not necessarily all
the issues facing the city, rather those areas where we perceive a need
for some major new initiatives in the years ahead, and that the next
step is to try to develop or draft a goal/mission statement for each
issue that will provide more definition of what we want to see happen
in this area, and an overall city mission statement to deal with~some
basic philosophy of the City.
Ms. Kahn advised that the purpose of this session was to review
the goal statements, decide if they should be changed, and finalize
goal statements in each of these areas. She said the goals for this
session are: (1) finish goal statements for each strategic issue and
the overall mission statement; (2) begin some strategies or action
steps Council might want the staff to pursue; and (3) turn over to the
staff to complete strategies and tie them into the budget. Ms. Kahn
further advised that the agenda for the session includes staff plans
for follow-up on development of strategies that respond to Council
issues; small group breakout sessions to complete goal statements; and
finalize goals and develop preliminary strategies (education, image of
the city, environmental quality, regional approaches to regional
problems and opportunities, and economic development). Ms. Kahn fur-
nished each member of Council with copies of a draft mission statement
and issue statements for each of the abovestated issues.
DRAFT MISSION STATEMENT: The original draft of the mission state-
ment read as follows:
"Roanoke is and will remain an exceptional place to
live and to work. The City's first priority is to
provide the variety of municipal services desired
by our citizens to protect and enhance the
outstanding quality of life that is characteristic
of our neighborhoods and entire comnunity. Our
service delivery system will be managed in a manner
that is effective, efficient, innovative and of
high quality, and our financial resources will be
managed responsibly in order to balance the
offering of municipal services with the con~nuntty's
579
580
ability to support them. We celebrate our diverse
population and are committed to providing an
environment which attracts, retains and serves a
mix of residents along age, educational, ethnic,
income and racial dimensions. The City of Roanoke
will continue to play a leadership role in the
future quality development of the community and the
region, and will retain at all costs the environ-
mental quality and natural beauty with which we
have been endowed."
Following discussion of the draft mission statement, it was the
consensus of the Council that the mission statement should read as
follows:
"Roanoke, the Star City, will be the most excep-
tional place to live and work in the South."
At 9:50 a.m., Council and the administration divided into
discussion groups to discuss the draft issue statements, as follows:
Economic Development Issue Statement:
Elizabeth T. Bowles, Council Member
Wilburn C. Dibling, Jr., City Attorney
Image Issue Statement:
Beverly T. Fitzpatrick, Jr., Vice-Mayor
Earl B. Reynolds, Jr., Assistant City Manager
Sandra H. Eakin, Deputy City Clerk
Environmental Quality Issue Statement:
Howard E. Musser, Council Member
Joel M. Schlanger, Director of Finance
Barry L. Key, Manager, Office of Management and
Budget
Regional Approaches Issue Statement:
Noel C. Taylor, Mayor
David A. Bowers, Council Member
W. Robert Herbert, City Manager
Ms. Kahn advised that the goal of the discussion groups was to
take the draft issue statements and develop one brief statement that
reflects the issue.
At 10:35 a.m., Council reconvened and reviewed the individual
group discussions of each issue statement, as follows:
ENVIRONMENTAL QUALITY ISSUE STATEMENT: The origi-
nal draft of the environmental quality issue state-
merit read as follows:
"Roanoke's natural environment is one of its
most important assets, and we are committed to
preserving and enhancing Roanoke's environmen-
tal quality. Our community will take a more
active role in defining existing environmental
problems and in developing and implementing
solutions to those problems. We support a
policy of quality development of our neigh-
borhoods and con~nunity without sacrificing
environmental quality."
581
m
m
Following discussion of the revised version of the statement as
submitted by Council Member Musser, Mr. Schlanger and Mr. Key, it was
the consensus of the Council that the environmental quality issue sta-
tement should read as follows:
"Roanoke's high quality environment will be pre-
served and enhanced. Our con~nunity will take 'an
active' role in developing solutions to environmen-
tal problems and in maintaining a delicate balance
between historic preservation, neighborhood deve-
lopment and environmental quality."
ECONOMIC DEVELOPMENT ISSUE STATEMENT: The original
draft of the economic development issue statement
read as follows:
"Roanoke will become the business, convention,
retail and tourism capital of western Virginia
in order to provide new and diversified jobs
for our citizens and stabilize and strengthen
our tax base. An orderly planning process
will be employed to develop balanced strate-
gies for business, downtown, housing, retail
and tourism development and marketing. Our
community will provide the necessary monetary,
natural and pt6, sical resources, as well as a
qualified work force, to achieve this goal."
Following discussion of the revised version of the statement as
submitted by Council Member Bowles and Mr. Dibling, it was the consen-
sus of the Council that the economic development issue statement should
read as follows:
"Roanoke shall create and maintain a broad range of
quality employment and development opportunities to
meet the needs of our diverse population and to
strengthen our tax base. Our co~mnunity will pro-
vide the necessary financial, natural and physical
resources and educational opportunities to achieve
this goal."
IMAGE ISSUE STATEMENT: The original draft of the
image issue statement read as follows:
"Roanoke will be known as a city of natural
beauty and environmental quality and as a
vibrant regional center for business, culture,
education, industry and medicine with an
outstanding quality of life and high level of
municipal services - 'a city of Mountain
sights and City lights nestled like a gem in
the crown of the Blue Ridge Mountains.' Our
community will be proud of Roanoke and its
excellent, yet affordable, standard of living,
and will work together to insure that Roanoke,
and what it has to offer, are well known
throughout the region, Conmmnwealth of
Virginia and on the national level."
Following discussion of the revised version of the statement as
submitted by Vice-Mayor Fitzpatrick, Mr. Reynolds and Ms. Eakin, it was
the consensus of the Council that the image issue statement should read
as follows:
"Roanoke will create the most positive image
achievable. Roanoke will draw upon its natural
beauty, quality of life, proud heritage and excep-
tional citizens to form that image."
582
REGIONAL APPROACHES ISSUE STATEMENT: The original
draft of the regional approaches issue statement
read as follows:
"Roanoke will provide the leadership to solve
regional problems on a regional basis. We
will work wi th our neighbors in the region to
identify and further define regional issues
such as the homeless, landfill problems, land
usage, sewage treatment and transportation.
Then, through a combination of communication,
cooperation, compromi se and governmental
reorganization, we will develop a single
unified regional agenda to address these
issues,"
Following discussion of the revised version of the statement as
submitted by Mayor Taylor, Council Member Bowers and Mr. Herbert, it
was the consensus of the Council that the regional approaches issue
statement should read as follows:
"The people of our region share common interests
and neeos, and we will strive to create, with
others, a focused, unified agenda to address
regional issues. Then, through a combination of
communication, cooperation, compromise, governmen-
tal reorganization, state involvement and coor-
dination, we will develop a single unified regional
agenda to address these issues."
EDUCATION ISSUE STATEMENT: The original draft of
the education issue statement read as follows:
"Roanoke's investment in education is our com-
mitment to the future, as it prepares our
children to live responsibly and well as
adults and provides an opportunity for our
adult citizens to enhance their quality of
life. We will offer effective, efficient,
innovative and high quality educational
programs that respond to the diverse abilities
and individual educational needs of each of
our students, both children and adults, as
well as our business con~nunity. The educa-
tional system is the cornerstone of our com-
munity, and the high standards of the system
will serve to solidify support and draw
resources from the business and residential
sectors of our conm~nity. Our conm~Jnity will
understand the challenges facing the educa-
tional system and, in partnership with the
Federal and State governments, will provide
the resources to meet those challenges.
Educational programs will remain close to the
neighborhoods that support them."
Following discussion of the statement by the Council and admi-
nistration, it was the consensus of the Council that the education
issue statement should read as follows:
"Roanoke will provide the highest quality educa-
tion possible to develop the full potential of all
our citizens, recognizing it is the Cornerstone for
achieving all of our goals."
At 12:02 p.m., the Mayor declared the meeting in recess.
At 1:41 p.m., the meeting reconvened in Crawford Hall Lounge at
Roanoke College, with Mayor Taylor presiding, and all Members of the
Council in attendance, with the exception of Council Members Garland,
Musser and Trout.
:!
ACTION:
ATTEST:
583
Ms. Kahn com~nended the Mayor and Members of Council and City
Administrators for the effort put into the strategic planning session,
for their spirit of goodwill and desire to reach a tentative agreement,
and their willingness to listen to the point of view of others and
reach a consensus or spirit of cooperation. She said that in one
sense, a great deal has been achieved, and in another sense, the work
has just begun, because starting a strategic planning effort is an
ongoing process. She said that the next step will be to turn over the
vision and the priorities to the staff and let them apply their best
thinking to new initiatives, and advise them that what Council is
looking for in the priority areas are new initiatives to achieve the
priority goals, and stress the importance of linking the strategies to
the budget. Ms. Kahn further stated that it will be incumbent upon
the Mayor and Members of Council to be the communicators, and that they
will need to come back to the six issues over and over again to make
them permeate the City's organization.
Mayor Taylor expressed appreciation to Ms. Kahn for conducting the
strategic planning session.
The City Manager advised that the City of Roanoke is a member of
P.T.I., which provides the City with access to an array of services.
He mentioned two pilot projects that the City is participating in this
year, and called upon Mr. Key to briefly explain the projects.
Mr. Key explained that one of the projects is privatization of
City government services, which is a project intended to expose the
City to what other local governments are doing in the way of priva-
tizing services that have previously been strictly provided by city
workforces, but that this project has fallen through because there were
not enough additional local governments ready to carry through with it
this year; and the other project involves geographic information
systems and includes a couple of larger localities across the nation.
Ms. Kahn stated that she has been impressed with the participation
of the City of Roanoke in P.T.I., that members of P.T.I. are not ordi-
nary cities and counties, rather they are 160 of the most progressive
cities and counties across the United States, and that P.T.I. sees
Roanoke as one of their most active members.
The Mayor asked that the City Manager put together a mission/goal
statement and provide copies of it in its final form to all the members
of Council.
COUNCIL: Mr. Bowers moved that Council convene in Executive
Session to discuss a legal matter, being the terms and conditions of a
contract to be negotiated, pursuant to Section 2.1-344 (a) (7), Code of
Virginia {1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick and Mayor
Taylor ........ 4.
NAYS: None ....... O.
(Council Members Garland, Musser and Trout were absent.)
At 1:54 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened in Crawford Hall Lounge at
Roanoke College, with Mayor Taylor presiding, and all Members of the
Council in attendance, with the exception of Council Members Garland,
Musser and Trout.
There being no further business, the Mayor declared the special
meeting adjourned at 3:20 p.m.
APPROVED
Deputy City Clerk
584
REGULAR WEEKLY SESSION
December 19, 1988
2:00 p.m.
ROANOKE CITY COUNCIL
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, December 19, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Robert A. Garland, Howard E. Musser, James O.
Trout, David A. Bowers, Elizabeth T. Bowles and Mayor Noel C. Taylor .......... 7.
ABSENT: None O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John Morris,
Associate Pastor, Pilgrim Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor,
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to four
requests for Executive Sessions to discuss matters relating to vacan-
cies on various authorities, boards, con~nissions and con~nittees
appointed by Council, a legal matter being the terms and conditions of
a contract to be negotiated, and two personnel matters.
COUNCIL: A communication from Mayor Noel C. Taylor requesting
that Council convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see con~nuntcation on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, con~nisstons and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None ............. O.
COUNCIL: A con~unicatton from Mayor Noel C. Taylor requesting
that Council meet in Executive Session to discuss a legal matter,
being the terms and conditions of a contract to be negotiated, pursuant
to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
585
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a legal matter, being the terms
and conditions of a contract to be negotiated, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............. 7.
NAYS: None O.
COUNCIL: A communication from Council Member David A. Bowers
requesting that Council convene in Executive Session to discuss a per-
sonnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None ..................................................... O.
LIBRARIES: A report of the City Manager in connection with
library automation, advising that Roanoke City, Roanoke County and
Salem Public Libraries, each, received grants from the Virginia State
Library to begin conversion of library card catalogs to machine-
readable form over the last seven years and this resulted in a comput-
erized data base for potential use in an automated library system; and
each library's card catalog was replaced by a microfiche catalog which
was produced using the machine-readable data base and this microfiche
catalog is an interim step toward an on-line library catalog.
It was further advised that the libraries hired a library con-
sultant to conduct a requirements study and make recommendations; that
the study was completed and the recommendations are outlined in a
Requirements Report for an Integrated Library System and Recommenda-
tions for Shared Automated Systems and Services; and staff of the
library and City Information Systems analyzed alternatives and
concluded that pursuing a shared library automation system was the most
cost beneficial.
The City Manager explained that the consultant and library staff
presented information regarding the issues, benefits, and costs of an
independent library automation system versus a shared system to Roanoke
City and Roanoke County library boards, as well as administrative staff
from the three localities; that cooperative planning for a shared
system has been pursued with the permission of City and County
Managers; and the libraries hired the consultant to finalize the
Requirements Report and to prepare an Invitation for Bids to be sub-
mitted to library automation vendors.
It was noted that comlttees have been established to advise,
manage, evaluate, and implement the functions and use of a shared auto-
mated library system; that representatives from Roanoke City, Roanoke
County, and Salem Public Libraries data processing centers, admi-
nistration, and library boards have been assigned responsibilities in
the process; and an automation committee composed of library and data
processing representatives from all localities will govern the daily
operation of the system.
The City Manager recommended that Council authorize the City
Administration to advertise for bids for a shared automated library
system, including participation by Roanoke County and Salem Public
Libraries.
(For full text, see report on file in the City Clerk's Office.)
586
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............ 7.
NAYS: None ......... O.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: A report of
qualification of Mr. Lawrence M. Taylor as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term of three years
ending December 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol lowing vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None-- O.
CIVIC CENTER: A report of qualification of Mr. James W. Burks,
Jr., as a member of the Roanoke Civic Center Commission for a term of
three years ending September 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .............. 7.
NAYS: None .......... O.
HEALTH DEPARTMENT (MENTAL HEALTH): A report of qualification of
Mr. Daniel E. Karnes as a member of the Mental Health Services Board of
Directors for a term of three years ending December 31, 1991, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None ......... O.
YOUTH: A report of qualification of Ms. Anita L. Hammerstrom as a
member of the Youth Services Citizen Board for a term ending May 31,
1990, was before Council.
(See Oath or Affirmation of Office on file
Office.)
in the City Clerk's
Mr. Garland moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
fol lowing vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... --7.
NAYS: None ........ .0.
COUNCIL: Council Member Trout orally requested that Council con-
vene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended.
587
ACTION:
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None ....... O.
ACTION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CIVIC CENTER: Mr. John W. Lambert, Jr., Chairman, Roanoke Civic
Center Conmission, appeared before Council and presented the 1987-88
Annual Report of the Civic Center Commission.
(See Annual Report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the Annual Report be received and
filed. The motion was seconded by Mr. Garland and unanimously adopted.
HEALTH DEPARTMENT (MENTAL HEALTH): Ms. Hortense Ruddick, repre-
senting Mental Health Services of the Roanoke Valley, appeared before
Council and presented a progress report on services provided to the
citizens of the City of Roanoke by Mental Health Services.
(See report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
STADIUM: A request of Mr. Whttey Taylor to address Council with
regard to the proposed use of Victory Stadium for automobile races,
was before the body.
The Mayor advised that Mr. Taylor could not be present and had
requested that the matter be referred to the appropriate City officials
for report; whereupon, Mr. Musser moved that the matter be referred to
the City Manager and the City Attorney for study, report and reconmmn-
dation to Council. The motion was seconded by Mr. Garland and unani-
mously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from-the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6563 - $32,160.00 for the 1988-89 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The program
will be reimbursed one hundred per
cent by state and federal funds.
Grant No. 6570 - $8,000.00 for the Parent Resource
Center Program to supplement state
and local assistance for the main-
tenance and expansion of the
Roanoke City Parent Center. The
program will be reimbursed one
hundred per cent by federal funds.
The Board further requested $360,241.00 from the 1989 Capital
Maintenance and Equipment Replacement Fund, advising that the monies
will be used for the purchase of audio-visual and computer equipment,
classroom furniture, a security vehicle, transportation uniforms,
roof renovations at Addison Junior High School, asbestos removal at
Highland Park Elementary School, and surfacing of school tracks and the
transportation parking lot.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a legal matter, being the terms
and conditions of a contract to be negotiated, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ...... 7.
NAYS: None O.
COUNCIL: A communication from Council Member David A. Bowers
requesting that Council convene in Executive Session to discuss a per-
sonnel matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ..................... 7.
NAYS: None ........... O.
LIBRARIES: A report of the City Manager in connection with
library automation, advising that Roanoke City, Roanoke County and
Salem Public Libraries, each, received grants from the Virginia State
Library to begin conversion of library card catalogs to machine-
readable form over the last seven years and this resulted in a comput-
erized data base for potential use in an automated library system; and
each library's card catalog was replaced by a microfiche catalog which
was produced using the machine-readable data base and this microfiche
catalog is an interim step toward an on-line library catalog.
It was further advised that the libraries hired a library con-
sultant to conduct a requirements study and make reconm~ndations; that
the study was completed and the recommendations are outlined in a
Requirements Report for an Integrated Library System and Recommenda-
tions for Shared Automated Systems and Services; and staff of the
library and City Information Systems analyzed alternatives and
concluded that pursuing a shared library automation system was the most
cost beneficial.
The City Manager explained that the consultant and library staff
presented information regarding the issues, benefits, and costs of an
independent library automation system versus a shared system to Roanoke
City and Roanoke County library boards, as well as administrative staff
from the three localities; that cooperative planning for a shared
system has been pursued with the permission of City and County
Managers; and the libraries hired the consultant to finalize the
Requirements Report and to prepare an Invitation for Bids to be sub-
mitted to library automation vendors.
It was noted that committees have been established to advise,
manage, evaluate, and implement the functions and use of a shared auto-
mated library system; that representatives from Roanoke City, Roanoke
County, and Salem Public Libraries data processing centers, admi-
nistration, and library boards have been assigned responsibilities in
the process; and an automation committee composed of library and data
processing representatives from all localities will govern the daily
operation of the system.
The City Manager recon~rended that Council authorize the City
Administration to advertise for bids for a shared automated library
system, including participation by Roanoke County and Salem Public
Libraries.
(For full text, see report on file in the City Clerk's Office.)
585
586
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Garland and adopted by
the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None ...................
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE: A report of
qualification of Mr. Lawrence M. Taylor as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term of three years
ending December 31, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr, Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... .7.
NAYS: None ......... O.
CIVIC CENTER: A report of qualification of Mr. James W. Burks,
Jr., as a member of the Roanoke Civic Center Commission for a term of
three years ending September 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ -7.
NAYS: None .........
HEALTH DEPARTMENT (MENTAL HEALTH): A report of qualification of
Mr. Daniel E. Karnes as a member of the Mental Health Services Board of
Directors for a term of three years ending December 31, 1991, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None ......... O.
YOUTH: A report of qualification of Ms. Anita L. Hanmmrstrom as a
member of the Youth Services Citizen Board for a term ending May 31,
1990, was before Council.
(See Oath or Affirmation of Office on file
Office. )
in the City Clerk's
Mr. Garland moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ --7.
NAYS: None ..........
Oe
COUNCIL: Council Member Trout orally requested that Council con-
vene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (al (1), Code of Virginia (1950), as amended.
ACTION:
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a personnel matter, pursuant to Section
2.1-344 (a) (1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............ 7.
NAYS: None ........ O.
587
ACTION:
ACTION:
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CIVIC CENTER: Mr. John W. Lambert, Jr., Chairman, Roanoke Civic
Center Con~ntssion, appeared before Council and presented the 1987-88
Annual Report of the Civic Center Commission.
(See Annual Report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the Annual Report be received and
filed. The motion was seconded by Mr. Garland and unanimously adopted.
HEALTH DEPARTMENT (MENTAL HEALTH): Ms. Hortense Ruddick, repre-
senting Mental Health Services of the Roanoke Valley, appeared before
Council and presented a progress report on services provided to the
citizens of the City of Roanoke by Mental Health Services.
(See report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
STADIUM: A request of Mr. Whitey Taylor to address Council with
regard to the proposed use of Victory Stadium for automobile races,
was before the body.
The Mayor advised that Mr. Taylor could not be present and had
requested that the matter be referred to the appropriate City officials
for report; whereupon, Mr. Musser moved that the matter be referred to
the City Manager and the City Attorney for study, report and reconmmn-
dation to Council. The motion was seconded by Mr. Garland and unani-
mously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following school
accounts, was before the body.
Grant No. 6563 - $32,160.00 for the 1988-89 Flow
Through Program to provide aid for
the education and guidance of han-
dicapped students. The program
will be reimbursed one hundred per
cent by state and federal funds.
Grant No. 6570 - $8,000.00 for the Parent Resource
Center Program to supplement state
and local assistance for the main-
tenance and expansion of the
Roanoke City Parent Center. The
program will be reimbursed one
hundred per cent by federal funds.
The Board further requested $360,241.00 from the 1989 Capital
Maintenance and Equipment Replacement Fund, advising that the monies
will be used for the purchase of audio-visual and computer equipment,
classroom furniture, a security vehicle, transportation uniforms,
roof renovations at Addison Junior High School, asbestos removal at
Highland Park Elementary School, and surfacing of school tracks and the
transportation parking lot.
(For full text, see communication on file in the City Clerk's Office.)
588
ACTZON:
A report of the Director of Finance advising that he had reviewed
the request for appropriation of CMERP funding and grant funding for
the School Board; that the Board received an allocation of CMERP
funding from fiscal year 1988, in the amount of $1,540,000.00; that
after this request of $360,241.00, the School Board will have a
remaining balance of $965,599.00 in CMERP funding; that the 1988-89
Flow Through Program and Parent Resource Center Program are funded with
100 per cent federal and state funding and no local match is required;
and recommending that Council concur in the request of the School
Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29407) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, Page 66.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29407. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ................... 7.
NAYS: None ............
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
ITEMS RECOMMENDED FOR ACTION:
HOUSING-GRANTS: The City Manager submitted a written report
advising that the Virginia General Assembly has appropriated $47.5
million for the next two years for various housing programs, most to be
designed and administered by the Virginia Department of Housing and
Community Development (HCD); and the Single-Family Rehabilitation and
Energy Conservation Loan Program is one such program, providing a com-
bination of repayable and forgiveable deferred payment loans for the
rehabilitation and upgrading of single-family houses occupied by low-
moderate income households.
It was further advised that an application to HCD for the
Single-Family Rehabilitation & Energy Conservation Program has been
prepared and submitted by the City Administration, which deadline for
submittal was December 9; and the application requests a total of
$390,000.00 from the State for the following uses:
"In conjunction with the existing Home Purchase
Assistance Program. In this program, the City
will loan CDBG funds, already allocated by Council
to this initiative, to low-moderate income house-
holds agreeing to buy approximately eight certain
identified vacant houses. Funds provided from the
State's program will be loaned for the rehabilita-
tion.
In conjunction with the existing Critical Home
Repair Program. This program already provides
grants of up to $6,000.00 each to make critically
needed repairs to the homes of low income
homeowners. The State's program would provide
forgiveable loans for energy conservation repairs
to houses in this year's Critical Home Repair
Program and needing such additional improvements.
In this way, additional improvements may be made at
no cost to the homeowner.
Loans for rehabilitation of other houses of low-
moderate income families or individuals."
589
I ACTION:
ACTION:
-'~ ACTION:
It was explained that funds requested from the State will be
matched with funds currently allocated to the following activities:
$90,000.00 allocated for the purchase loans under
the Home Purchase Assistance Program (CDBG Account
No. 035-0B8-8820-5115);
$100,000.00 allocated for repairs under the
Critical Home Repair Program (CDBG Account No.
035-088-8820-5101);
$51,600.00 estimated in costs of existing staff for
the administration of the three parts of the
Program.
It was stated that administration of the loan funds from the State
will be handled cooperatively by the City and the Roanoke Redevelopment
and Housing Authority; and HCD requests Council's endorsement of the
application already submitted by the Administration and authorization
to accept any allocation made to the City of Roanoke.
The City Manager recon~nended that Council endorse the application
submitted to HCD for the Single-Family Rehabilitation and Energy
Conservation Loan Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following Resolution:
(#29408) A RESOLUTION approving and endorsing an application
made to the Virginia Department of Housing and Community Development
for an allocation of funds from the State for implementation of the
Single Family Rehabilitation and Energy Conservation Loan Program in
the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 51, page 67.)
Mr. Bowers moved the adoption of Resolution No. 29408. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor- .---,---7.
NAYS: None
DIRECTOR OF FINANCE:
FINANCIAL REPORTS: The Oirector of Finance submitted the finan-
cial report for the City of Roanoke for the month of November, 1988.
(For full text, see financial report on file in the City Clerk's
Office.)
Mr. Trout moved that the financial report be received and filed.
The motion was seconded by Mr. Fitzpatick and unanimously adopted.
REPORTS OF COI~MITTEES:
SPECIAL PERMITS-BRIDGES-CENTER IN THE SQUARE: A report of the
Water Resources Committee reserving space on the agenda to present a
report in connection with construction of an elevated pedestrian bridge
over street right-of-waY, Center-In-The-Square, was before Council.
Mrs. Bowles moved that the item be withdrawn from the agenda. The
motion was seconded by Mr. Bowers and unanimously adopted.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
590
ACTION:
ACTION:
ACTION:
SUBDIVISIONS: Ordinance No. 29390, vacating a portion of a cer-
tain subdivision plat and permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, situate on
the northerly right-of-way line of Belle Aire Circle, S. W., and the south-
easterly property corner of dinmly and Phyllis S. Goodykoontz, having
previously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
(#29390) AN ORDINANCE vacating a portion of a certain subdivision
plat and permanently vacating, discontinuing and closing a certain
public right-of-way in the City of Roanoke, Virginia, as is more par-
ticularly described hereinafter; and authorizing the Mayor's execution
of a new subdivision plat.
(For full text of Ordinance, see Ordinance Book No. 51, page 55.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29390. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... 7.
NAYS; None .......
ZONING: Ordinance No. 29391, rezoning a tract of land located on
the westerly side of Peters Creek Road, N. W., containing 0.63 acre,
more or less, designated as Official Tax No. 2770101, and a portion of
Official Tax No. 2770104, from C-1, Office District, to C-2, General
Commercial District, having previously been before the Council for its
first reading on Monday, December 12, 1988, read and adopted on first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29391) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 277, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 56.)
Mrs. Bowles moved the adoption of Ordinance No. 29391. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... --7.
NAYS: None ........
BUDGET-STATE COMPENSATION BOARD-COMMONWEALTHS' ATTORNEY-PAY PLAN:
Ordinance No. 29392, amending and reordaining certain sections of the
1988-89 General Fund Appropriation, in connection with acceptance of
funds from the State Compensation Board, in the amount of $14,291.00,
to provide for an additional Assistant Attorney I position in the
Office of the Commonwealths' Attorney; and transferring $5,685.00 as
the City's supplement to make the position consistent with the City's
Pay Plan, having previously been before the Council for its first
reading on Monday, December 12, 1988, read and adopted on first reading
and laid over, was again before the body, Mr. Fitzpatrick offering the
following for its second reading and final adoption:
(#29392) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 57.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29392. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........ 7.
NAYS: None ........ .0.
ACTION:
ACTION:
ACTION:
HEALTH DEPARTMENT: Ordinance No. 29393 authorizing execution of a
contract with the Virginia Department of Health to provide for the
operation of the City of Roanoke Health Department, having previously
been before the Council for its first reading on Monday, December 12,
1988, read and adopted on first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29393) AN ORDINANCE authorizing the execution of a contract
with the Virginia Department of Health to provide for the operation
of the City of Roanoke Health Department.
(For full text of Ordinance, see Ordinance Book No. 51, page 58.)
Mrs. Bowles moved the adoption of Ordinance No. 29393. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............................ 7.
NAYS: None ............
BUDGET-MISCELLANEOUS-SOIL CONSERVATION SERVICE: Ordinance No.
29394 amending and reordaining certain sections of the 1988-89 General
Fund Appropriations, in connection with a request that the Soil Conser-
vation Service include the City of Roanoke in the Soil Survey Program
by offering to share in the cost of conducting the soil survey, in an
amount not to exceed $8,500.00, having previously been before the
Council for its first reading on Monday, December 12, 1988, read and
adopted on first reading and laid over, was again before the body, Mr.
Fitzpatrick offering the following for its second reading and final
adoption:
{#29394) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 ~eneral Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 58.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29394. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ........... 7.
NAYS: None ........ O.
BUDGET-SEWERS AND STORM DRAINS: Ordinance No. 29395 appropriating
funds, in the amount of $21,087.00, in connection with certain
emergency corrective storm drain improvements performed by E. C. Pace
Company, Inc., on the Hunting Hills Shopping Center site, having pre-
viously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mr. Garland offering the following for its
second reading and final adoption:
(#29395) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 59.)
Mr. Garland moved the adoption of Ordinance No. 29395. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ....... 7.
NAYS: None .......... .0.
BUDGET-GRANTS-COMMONWEALTHS' ATTORNEY: Ordinance No. 29397 pro-
viding for certain appropriation and revenue adjustments in connection
with the close-out of the Victim/Witness Grant No. 87-A6524, having
previously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
591
592
ACTION:
ACTION:
ACTION:
(#29397) A)I ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 59.)
Mrs. Bowles moved the adoption of Ordinance No. 29397. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............. 7.
NAYS: None ..... -0.
BUDGET-AUDIT COMMITTEE: Ordinance No. 29398 providing for the
transfer of $8,000.00 from the Contingency Fund to Professional
Services, in connection with an agreement with Peat Marwick Main &
Company for performance of annual audits of the City's finances for
each of the fiscal years ending June 30, 1989 through 1992, having
previously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#29398) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 60.)
Mr. Trout moved the adoption of Ordinance No. 29398. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... 7.
NAYS: None ........
BUDGET-AUDIT COMMITTEE: Ordinance No. 29399 authorizing the City
Manager to enter into an agreement with Peat Marwick Main & Company for
the performance of annual audits of the City's finances for each of the
fiscal years ending June 30, 1989, 1990, 1991, and 1992, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, December 12, 1988, read and adopted on first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#29399) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Peat Marwick Main & Co., for the performance of
annual audits of the City's finances for each of the fiscal years
ending June 30, 1989, 1990, 1991 and 1992, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 60.)
Mr. Trout moved the adoption of Ordinance No. 29399. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... 7.
NAYS: None ........
BUDGET-SEWERS AND STORM DRAINS: Ordinance No. 29400 transferring
$300,000.00 from Retained Earnings - Unrestricted to Other Equipment,
in connection with a recommendation of the Water Resources Comnittee to
discard the No. 7 White Blower Engine at the Sewage Treatment Plant,
and accept bids for a new diesel fired replacement engine, having pre-
viously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
(#29400) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Sewage Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 61.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29400. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
593I
AYES: Council Members Garland, Musser, Trout,
Fitzpatrick and Mayor Taylor--
Bowers, Bowles,
7,
NAYS: None
SPECIAL PERMITS-WATER DEPARTMENT (EASEMENTS): Ordinance No.
29401 authorizing the abandonment of a certain water line easement and
the dedication of thirteen other water line easements serving Cross-
roads Consumer Mall, upon certain terms and conditions, having pre-
viously been before the Council for its first reading on Monday,
December 12, 198B, read and adopted on first reading and laid over, was
again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29401) AN ORDINANCE authorizing the abandonment of a certain
water line easement and the dedication of thirteen other water line
easements serving Crossroads Consumer Mall, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 62.)
ACTION: Mrs. Bowles moved the adoption of Ordinance No. 29401. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor- 7.
NAYS: None
BUDGET-SCHOOLS-SALE/PURCHASE OF PROPERTY: Ordinance No. 29402
amending and reordaining certain sections of the 1988-89 General and
Capital Funds Appropriation Ordinance, in the amount of $221,200.00,
in connection with a recommendation of the Water Resources Committee to
acquire property located at 3309 through 3315 Williamson Road, N. E.,
to be added to the Oakland Elementary School property, having pre-
viously been before the Council for its first reading on Monday,
December 12, 1988, read and adopted on first reading and laid over, was
again before the body, Mr. Fitzpatrick offering the following for its
second reading and final adoption:
(#29402) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 62.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29402. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .... 7.
NAYS: None ....
SCHOOLS-SALE/PURCHASE OF PROPERTY: Ordinance No. 29403 providing
for the acquisition of real estate needed by the City to be added to
Oakland Elementary School property; authorizing the City Manager to
affix a certain limit of the consideration to be offered by the City
for each parcel; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of conm~ncing the project; and directing the
mailing of this ordinance to the property owner(s), having previously
been before the Council for its first reading on Monday, December 12,
1988, read and adopted on first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
(#29403) AN ORDINANCE providing for the acquisition of real
estate needed by the City to be added to Oakland Elementary School
property; authorizing the City Manager to affix a certain limit of the
consideration to be offered by the City for each parcel; providing for
594
ACTION:
ACTION:
ACTION:
the City's acquisition of such real estate by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance to the
property owner(s).
(For full text of Ordinance, see Ordinance Book No. 51, page 63.)
Mrs. Bowles moved the adoption of Ordinance No. 29403. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, lrout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ......... 7.
NAYS: None ........... O.
BUDGET-SCHOOLS-SALE/PURCHASE OF PROPERTY: Ordinance No. 29404
amending and reordaining certain sections of the 1988-89 General and
Capital Funds Appropriations, in the amount of $204,081.00, in connec-
tion with a reconmmndation of the Water Resources Con~nittee to acquire
property located at 422 Albermarle Avenue, S. W., to be added to the
Highland Park Elementary School property, having previously been before
the Council for its first reading on Monday, December 12, 1988, read
and adopted on first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29404) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 64.)
Mr. Trout moved the adoption of Ordinance No. 29404. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ............. 7.
NAYS: None .............. O.
SCHOOLS-SALE/PURCHASE OF PROPERTY: Ordinance No. 29405 providing
for the acquisition of real estate needed by the City to be added to
Highland Park Elementary School property; authorizing the City Manager
to affix a certain limit of the consideration to be offered by the City
for each parcel; providing for the City's acquisition of such real
estate by condemnation under certain circumstances; authorizing the
City to make motion for the award of a right of entry on the parcel for
the purpose of coffmnencing the project; and directing the mailing of
this ordinance to the property owner(s), having previously been before
the Council for its first reading on Monday, December 12, 1988, read
and adopted on first reading and laid over, was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
(#29405) AN ORDINANCE providing for the acquisition of real
estate needed by the City to be added to Highland Park School property;
authorizing the City Manager to affix a certain limit of the con-
sideration to be offered by the City for each parcel; providing for the
City's acquisition of such real estate by condemnation under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on the parcel for the purpose of con~nencing the project;
and directing the mailing of this ordinance to the property owner(s).
(For full text of Ordinance, see Ordinance Book No. 51, page 64.)
Mrs. Bowles moved the adoption of Ordinance No. 29405. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor .......... 7.
NAYS: None ........ O.
595
ACTION:
INDUSTRIES-SEWERS AND STORM DRAINS: Ordinance No. 29406 authoriz-
ing the extension of a sanitary sewer line through an existing 50 foot
wide public utility easement along the easterly boundary of the Roanoke
Centre for Industry and Technology, for a distance of approximately 800
feet to include a connection or connections to premises located in the
City, said sanitary sewer line to be maintained by Roanoke County, pur-
suant to agreement, having previously been before the Council for its
first reading on Monday, December 12, 1988, read and adopted on first
reading and laid over, was again before the bo~¥, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29406) AN ORDINANCE authorizing the extension of a sanitary
sewer line through an existing public utility easement in the Roanoke
Centre for Industry and Technology, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 65.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29406. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowers, Bowles,
Fitzpatrick and Mayor Taylor ...... 7.
NAYS: None-
.0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:45 p.m., the Mayor declared the meeting in recess.
At 4:30 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
HEALTH DEPARTMENT (MENTAL HEALTH): The Mayor advised that there
was a vacancy on the Mental Health Services Board of Directors inasmuch
as according to Mental Health Services By-Laws, Ms. Harrtett M. McClung
was ineligible to serve another term; and called for nominations to
fill the vacancy.
Mr. Trout placed in nomination the name of Mr. Robert L. Lynn.
There being no further nominations, Mr. Lynn was elected as a
City representative to the Mental Health Services Board of Directors
for a term of three years ending December 31, 1991, by the following
vote:
ACTION:
FOR MR. LYNN: Council Members Garland, Musser, Trout, Bowers,
Bowles, Fitzpatrick and Mayor Taylor ...... 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:35 p.m.
ATTEST:
I City Clerk
APPROVED
Mayor
596
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
December 27, 1988
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, December 27, 1988, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rul(:s of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Elizabeth T. Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland and
Mayor Noel C. Taylor .............. 7.
ABSENT: None .............
OFFICERS PRESENT:
Jr., City Attorney; Joel M.
City Clerk.
W. Robert Herbert, City Manager; Wilburn C. Dibling,
Schlanger, Director of Finance; and Mary F. Parker,
The meeting was opened with a prayer by The Reverend John D. Boddie,
Pastor, Our Lady of Nazareth Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTS OF ACKNOWLEDGEMENT-HEALTH (MENTAL HEALTH): The Mayor pre-
sented the "People's Choice Award" to Ms. Sheila Moses, Chairperson,
City Christmas Tree Committee, which he accepted on behalf of the City
of Roanoke, on Sunday, December 18, 1988, in recognition of the City's
participation in the Mental Health Services "Christmas Tree Extrava-
ganza.''
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda. He
said if discussion was desired on any item, it would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss vacancies
on various authorities, boards, commissions and con~nittees appointed by
Council and a legal .matter.
MINUTES: Minutes of the regular meetings of Council which were
held on Monday, September 12, 1988, and Monday, September 26, 1988,
were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that Council dispense with the reading of the
minutes and that the minutes be approved as recorded. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor .......... 7.
NAYS: None ............ O.
/
COUNCIL: A communication from Mayor Noel C. Taylor requesting
that Council meet in Executive Session to discuss a legal matter, being
the terms and conditions of a contract to be negotiated, pursuant to
Section 2.1-344 (a) (7), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss a legal matter, being the terms
and conditions of a contract to be negotiated, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
597
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............................................. 7.
NAYS: None ......... O.
ACTION:
COUNCIL: A communication from Mayor Noel C. Taylor requesting
that Council meet in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (al (1),
Code of Virginia, 1950, as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in tile request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (al (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ............. 7.
NAYS: None-- O.
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): A
report of qualification of Dr. W. W. S. Butler, III, as a member of the
City of Roanoke Transportation Safety Commission for a term of four
years ending October 31, 1992, was before the body.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........... 7.
NAYS: None ......... O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Messrs. John A. Sabean and Lewis W. Peery as members of the Roanoke
Neighborhood Partnership Steering Committee for terms of three years,
each, ending November 9, 1991, was before the body.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office. )
ACTION:
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Musser, Trout,
Fitzpatrick, Garland and Mayor Taylor .......
Bowers, Bowies,
7.
NAYS: None .......... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PETITIONS AND COMMUNICATIONS: NONE.
NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
598
ACTION:
HOUSING-GRANTS-TOTAL ACTION AGAINST POVERTY IN THE ROANOKE VALLEY:
The City Manager submitted a written report advising that Council
accepted a grant and appropriated funding from the Virginia Department
of Housing and Community Development (HCD), in the amount of
$10,414.00, for the Emergency Home Repair Program on November 14, 1988,
and appropriated $30,000.00 of Community Development Block Grant funds
to match the funds from HCD.
It was further advised that the Emergency Home Repair Program pro-
vides grants of up to $2,000.00 to make limited repairs on substandard
rental property occupied by very low income tenants and in danger of
condemnation; that in order to receive such a grant, a property owner
must certify that he cannot afford to make the repairs without
increasing the rent and will not increase the rent charged to the
tenants for one year after repair; and each repair grant requires exe-
cution of a three-part contract among the City as the provider of the
funds, Total Action Against Poverty (TAP) as the repair contractor, and
the property owner authorizing the repairs and agreeing not to increase
rent.
The City Manager explained that in most cases, properties iden-
tified for the Emergency Home Repair Program will have conditions
requiring immediate repair; and when Council was requested to endorse
the program on November 14, 1988, a request to authorize the City
Manager to execute individual contracts for the Program was inadver-
tently not made to Council.
The City Manager recommended that he be authorized to execute
individual contracts for grants not to exceed $2,000.00 under the
Emergency Home Repair Program as he determines appropriate, each such
contract to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29409) AN ORDINANCE authorizing the City Manager to execute
certain contracts between the City of Roanoke, Total Action Against
Poverty (TAP) and individual property owners, for the purpose of
obtaining grants in an amount not to exceed $2,000.00 under the
Emergency Home Repair Program; upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 67.)
Mr. Trout moved the adoption of Ordinance No. 29409. The motion
was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor ........ 7.
NAYS: None .......
Oe
REPORTS OF COMMITTEES:
BRIDGES-SPECIAL PERMITS-CENTER IN THE SQUARE: Council Member
Elizabeth T. Bowles, Chairman of the Water Resources Committee, pre-
sented a written report on behalf of the committee, reconmnending that
Council authorize a revocable license for the construction of a 52 foot
by 25 foot overhead pedestrian bridge over Kirk Avenue, S. E.~ between
19 Campbell Avenue and 20 Church Avenue, S. E., Official Tax Nos.
4010806 and 4011311, in accordance with terms and conditions set forth
in a staff report.
A staff report explained that Center in the Square, located at 19
Campbell Avenue, S. E., has purchased the old Phelps & Armistead
building at 20 Church Avenue, S. E.; and this property is identified
by Official Tax No. 4011311, and is located directly south of Center in
the Square across Kirk Avenue, S. E.
It was advised that Mr. William S. Hubard, General Manager,
Center in the Square, has requested that Council authorize a revocable
license for the construction of a 25 foot by 52 foot overhead
pedestrian bridge over Kirk Avenue, S. E., to connect their two pro-
perties; that an elevated bridge would connect the second floors of the
!
599 '
m
ACTION:
ACTION:
two structures; that the bridge would be 52 feet wide, 25 feet long
(that is the street width) and it is requested to be 14.5 feet above
the street surface and be approximately 1,300 square feet in area; and
the purpose of the elevated bridge is to permit the expansion of Center
in the Square across Kirk Avenue, S. E., and into the property at 20
Church Avenue, S. E.
The staff recommended that the Water Resources Committee recommend
to Council that Center in the Square be issued a revocable license for
construction of a 52 foot by 25 foot overhead pedestrian bridge over
Kirk Avenue, S. E., between 19 Campbell Avenue and 20 Church Avenue,
S. E., Official Tax Nos. 4010806, 4010808 and 4011311.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29410) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Kirk Avenue, S. E., located at the Center in the
Square Building between 19 Campbell Avenue and 20 Church Avenue, S. E.,
Official Tax Nos. 4010B06, 4010808 and 4011311, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 68.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Bowles, Fitzpatrick,
Garland and Mayor Taylor-- 7.
NAYS: None O.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:15 p.m., the Mayor declared the meeting in recess.
At 3:00 p.m., the meeting reconvened in the Council Chamber with
Mayor Taylor presiding, and all Members of the Council in attendance.
TRAFFIC (CITY OF ROANOKE TRANSPORTATION SAFETY COMMISSION): The
Mayor advised that there was a vacancy on the City of Roanoke Trans-
portation Safety Commission created by the resignation of Mr. Julian H.
Raney, Jr., for a term ending October 31, 1992, and called for numina-
tions to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. James L.
Phillips.
There being no further nominations, Mr. Phillips was elected as a
member of the City of Roanoke Transportation Safety Commission for a
term ending October 31, 1992, by the following vote:
FOR MR. PHILLIPS: Council Members Musser, Trout, Bowers, Bowles,
Fitzpatrick, Garland and Mayor Taylor- .7.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 5:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
6OO
There being no further business, the Mayor declared the meeting
adjourned at 5:10 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 3, 1989
2:00 p.m.
601
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 3, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Reoular
MeetS, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~, as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ...... 7.
ABSENT: None ........ O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Quentin White,
Pastor, Bethel A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
,!
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to one
request for an Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and con~nittees
appointed by Council.
COUNCIL: A communication from Mayor Noel C. Taylor requesting
that Council convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, con~.issions, and
con~ittees appointed by Council, pursuant to Section 2.1-344 (a) (1),
Code of Virginia (lg50) as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appeinted by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bowers and
adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ..................................................... O.
COMPLAINTS-SEWERS AND STORM DRAINS: The City Manager submitted a
written report with regard to concerns expressed by Ms. Gladys O'Neal
Brown, 2110 Staunton Avenue, N. W., in connection with flooding during
the sun, her of 1988.
It was advised that on October 31, 1988, the City Engineer met
with Mr. and Mrs. Brown and a representative of Total Action Against
Poverty at 2110 Staunton Avenue to learn of all concerns and view pic-
tures previously shown to Council; and further on-site investigation
by staff following the meeting revealed the following:
602
ACTION:
ACTION:
Storm drain drop inlets located upstream from the
2100 block were filled with debris. They were
cleaned out by the Street Maintenance Department.
Televising of the storm drain line running in the
2100 block revealed a partially collapsed pipe in
front of 2110 Staunton Avenue. This section of
pipe was repaired by the Utility Line Services
Department.
A study of the existing conditions and system will
be undertaken by the Department of Engineering to
learn if other problems exist in the existing storm
drainage system. This study should be complete by
February 1, 1989.
The City Manager further advised that following completion of
corrective actions on November 1, 1988, a staff representative of TAP
was contacted and informed of the status of the investigation who, in
turn, assured City staff that Mr. and Mrs. Brown would be briefed on
the matter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... --7.
NAYS: None ....... -0.
PENDING LIST: A list of items pending from July 10, 1978, through
December 27, 1988, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
motion was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ...... -7.
NAYS: None ..........
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND CO~4UNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY WELLNESS PROGRAM: The City Manager submitted a written
report with regard to the "Heart at Work" Wellness Program of the City
of Roanoke.
Ms. Marquita W. Brown, Occupational Nurse, appeared before Council
and presented the report in which it was pointed out that research
indicates that a comprehensive wellness program can have an influence
on health care costs, workers compensation costs, absenteeism and
employee morale; and "Heart at Work" is a wellness program designed
by the American Heart Association which includes programs on:
603
Nutrition/Weight Control
Exerci se
Signals and Alarms (CPR)
Smoking Cessation
Blood Pressure
Stress Management
It was advised that the Virginia State Department of Health
awarded a $2,500.00 grant to the City of Roanoke for the "Heart at
Work" Program on September 23, 1988; and the following wellness
programs and activities are now offered to City employees:
Dental Insurance which emphasises maintaining the
care of teeth and the mouth, became effective on
January 1, 1989. Under this program, check-ups are
covered at 100 per cent.
Well Baby Care for children of employees ages five
and under has been added to the City's Blue Cross
and Blue Shield program. This benefit covers phy-
sicals and routine imm, unizations for these children
in an effort to prevent potential health problems.
Wellness Prescriptions such as Nicorette, which
helps people stop smoking, are now reimbursable
under the City's health care plan.
Weight Control Class which meets each Wednesday in
Room 159 of the Municipal Building from 12 noon to
1:00 p.m., sponsored by Community Hospital of
Roanoke Valley and the YWCA.
Aerobic Class which meets each Tuesday and Thursday
from 5:30 to 6:30 p.m., with the class beginning on
January 10, 1989, in Room 159 of the Municipal
Building. This program is sponsored by the
Department of Parks and Recreation.
Blood Pressure and Blood Work Screenings are
offered daily in the occupational health clinic,
Room 177, Municipal Building.
It was explained that planned health activities include but are
not limited to:
Health Screening - Center for Disease Control
Health Risk Appraisal to include cholesterol and
blood screening during January; free to City
employees.
Smoking Cessation Class - to be taught by Dr. Karen
Miller beginning February 1, 1989, from 5:15 p.m.,
to 6:30 p.m., in the Municipal Building.
Heart Saver CPR Class to be taught by Ms. Trena
Hicks, Safety Specialist and Ms. Annette
Strickland, R. N., Cardiovascular Risk Reduction
Coordinator in February.
Nutrition - Lunchttme sessions will be offered in
March and conducted by a registered dietition.
In conclusion, it was pointed out that the City of Roanoke is
undertaking a major effort to improve the overall wellness of City
employees.
(For full text, see report on file in the City Clerk's Office.)
604
Following the Council meeting, cholesterol and blood pressure
screening was provided for each Member of Council and administrative
staff.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM:
The City Manager submitted a written report advising that on
November 28, 1988, Council approved a Capital Maintenance and
Equipment Replacement Program; that the approved Capital Maintenance
and Equipment Replacement Program included a list of necessary items
which would not exceed the single item cost of $10,000.00; and the
approval of Council is required for single item purchases which cost
exceed $10,000.00 as stated in Chapter 23.1, Procurement, of the Code
of the City of Roanoke, 1979, as amended.
It was further advised that single purchase items from an approved
expenditure list, which will cost less than $10,000.00, were listed on
an attachment to the report labeled A; that those items shown on
Attachment A will be procured through the State Contract System or
through competitive request for quotations by the Department of General
Services; and Council appropriations are requested to allow for the
procurement of all items listed on Attachment A.
The City Manager recon~nended that Council appropriate $241,504.00
from Capital Maintenance and Equipment Replacement Program funds to
specific accounts, as follows:
Circuit Court
Bookshel f, Video
Recorder, Table,
Wall Plaques
$ 6,265.00
Circuit Court
Dictation Equipment,
(2) Computer
Terminals
2,895.00
City Attorney
Office Furniture
4,300.00
City Clerk
Word Processing
Printer
2,700.00
City Manager
Microcomputer
5,000.00
City Treasurer
Mail opener
1,390.00
Clerk of Cir. Ct.
Typewriter, Storage
Files, Microscope,
Chairs
3,930.00
Municipal Auditor Personal Computer
2,086.00
Conm~nwealth Atty. Typewriter, Video
Camera/Recorder
2,200.00
Gen. District Ct.
Shelving and Office
Furnishings, (4)
Typewriters
7,400.00
Juvenile Court
Clerk
Shelving 956.00
d & O Court
Electronic Typewriter 2,000.00
Bldg. Inspection
Personal Computers
Displays, Printers
Software
12,000.00
Con~nunity Educa. Personal Computer
3,500.00
Director's Office Filing System
9,919.00
General Services
(2) Personal Computers 5,500.00
Displays & Software
605
Material s Control
Management and
Budget
Parks & Recreation
(6) Replacement Fuel
Dispensing Pumps
Personal Computer
(2) Word Processors
Paging System for
Pool s
10,800.00
3,500.00
7,500.00
Bill. & Collect.
Personnal Mgtmt.
Police
Social Services
Street Maintenance
Continuous Forms
Burster
10,000.00
Personal Computer
Word Processors,
Personal Computer
4,000.00
11,500.00
Transcribers, Word
Processor, Typewriters
Personal Computers
9,600.00
Personal Computer
Highway Broom
13,000.00
Crisis Interven.
Beds, Blinds, Chair
Covers, Games,
Bookcase, Leaf Blower
4,752.00
Juve. Proba. House
Fire Alarm System,
Clothes Dryer,
Materials to Enclose
Office
4,830.00
Nursing Home
Freezer, Clothes 31,650.00
Dryer, Washing Machine,
Refigerator, Patient
Charts, Blood Pressure
Unit, Beds, Tables,
Wardrobes, Food Service
Trays
Motor Veh. Main.
Heavy Duty Tire 8,358.00
Changer
Communications
Radio Replacement
Program, using prior
year contract price.
50,000.00
ACTION:
Total $241,504.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(~29411) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 70.)
Mr. Trout moved the adoption of Ordinance No. 29411. The nmtion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None ....... O.
606
ACTION:
REPORTS OF COMMITTEES:
WATER DEPARTMENT-SEWERS AND STORM DRAINS-SPECIAL PERMITS: Council
Member Elizabeth T. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the committee recommending
that Council approve the vacation of an unused water and sewer easement
on property of Center Properties I, L.P. in accordance with a staff
report.
The staff report pointed out that Council, by Ordinance No. 7134
adopted on October 20, 1941, closed an alley north of and parallel to
present day Orange Avenue, N. E., through Block 6, Linwood Land
Company, and the alley closing ordinance reserved water and sewer
easements to the City; and Center Properties I, L.P., owner of the pro-
perty containing the easements has requested that the City vacate the
unused and unneeded easements.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29412) AN ORDINANCE providing for the vacation of an unused
public water and sewer easement at the Century Business Center, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 72.)
The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None ..... O.
CITY PROPERTY-PARKS AND PLAYGROUNDS-SPECIAL PERMITS-LEASES:
Council Member Elizabeth T. Bowles, Chairman of the Water Resources
Con~ittee, presented a written report on behalf of the committee,
recommending that Council authorize lease of the Fishburn Park Care-
taker's House, 2424 Brambleton Avenue, S. W., to George F. and
Charlotte S. Blackwell, in accordance with a staff report.
The staff report pointed out that the Caretaker's House in
Fishburn Park is over 100 years old; that it was built prior to the
City's acquisition of the park and has housed City caretakers during
all of that time; that the structure is a two story, six room house;
that Mr. George F. Blackwell, Grounds Supervisor, Parks and Recreation,
was born in the house and still resides there; and Mr. Blackwell resi-
des in the park rent-free as an employee caretaker, which system has
been in use for many years and is still in place at four locations,
viz: Mountain View, Villa Heights Recreation Centers, and Fishburn and
Mill Mountain Parks.
It was explained that Mr. Blackwell is retiring from his
employment with the City of Roanoke; that he desires to continue to
reside in the house and rent it from the City; that the Parks and
Grounds Department desires to retain a caretaker-like person in the
park and Mr. Blackwell's background and experience would be ideal for
that purpose; and services to be provided would include locking and
unlocking the vehicular access points within the park as needed to
facilitate public use and to report needed repairs and activities not
permitted in the park.
It was further explained that rent of $300.00 per month for the
first twelve months has been proposed and has been agreed to by Mr. and
Mrs. Blackwell.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
ACTION:
ACTION:
(#29413) AN ORDINANCE authorizing the lease of the Fishburn Park
Caretaker's House, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 72.)
The motion was seconded by Mr. Bowers and adopted by the following
vote:
AYES: Council Members Trout, Bowers, Bowl es, Fitzpatrick,
Garland, Musser and Mayor Taylor .......................... 7.
NAYS: None .........................
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-CENTER IN THE SQUARE: Ordinance No. 29410,
granting a revocable license for the construction of an elevated
pedestrian bridge encroaching approximately 25 feet in length, 52 feet
in width, approximately 1300 square feet in area, and 14.5 feet above
the public right-of-way of Kirk Avenue, S. E., located at the Center in
the Square Building between 19 Campbell Avenue and 20 Church Avenue,
S. E., Official Tax Nos. 4010806, 4010808 and 4011311, having pre-
viously been before the Council for its first reading on Tuesday,
December 27, 1988, read and adopted on its first reading and laid over,
was again before the body, Mr. Musser offering the following for its
second reading and final adoption:
(#29410) AN ORDINANCE granting a revocable license for the
construction of certain building appendages encroaching over and into
the right-of-way of Kirk Avenue, S. E., located at the Center in the
Square Building between 19 Campbell Avenue and 20 Church Avenue, S. E.,
Official Tax Nos. 4010806, 401080B and 4011311, upon certain terms and
conditions.
(For full text of Ordinance,. see Ordinance Book No. 50, page 68.)
Mr. Musser moved the adoption of Ordinance No. 29410. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................... 7.
NAYS: None ....... O.
MOTIONS AND MISCELLANEOUS BUSINESS:
CITY ATTORNEY: The City Attorney introduced Mr. Steven J.
Talevi, Assistant City Attorney, who assumed his duties on Monday,
January 3, 1989.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 2:30 p.m., the Mayor declared the meeting in recess.
At 4:10 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
PLANNING: The Mayor advised that the four year terms of Messrs.
Michael M. Waldvogel, John P. Bradshaw, Jr., William A. Sowers and
Richard L. Jones as members of the City Planning Con~nission expired on
December 31, 1988, and called for nominations to fill the vacancies.
Mrs. Bowles placed in nomination the names of Messrs. Michael M.
Waldvogel, John P. Bradshaw, Jr., William A. Sowers and Richard L.
Jones.
There being no further nominations, Messrs. Waldvogel, Bradshaw,
Sowers and Jones were reelected as members of the City Planning
Con~ission for terms of four years, each, ending December 31, 1992, by
the following vote:
6O7
608
ACTION:
FOR MESSRS. WALDVOGEL, BRADSitAW, SOWERS AND JONES: Council
Hembers Trout, Bowers, Bowles, Fitzpatrick, Garland, Musser and Mayor
Taylor ............. .7.
ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there
was a vacancy on the Roanoke Neighborhood Partnership Steering
Comittee created by the resignation of Ms. Gwen Carter, for a term
ending November 30, 1991, and called for nominations to fill the
vacancy.
Mr. Fitzpatrick placed in nomination the name of Mr. George A.
McLean.
There being no further nominations, Mr. McLean was elected as a
member of the Roanoke Neighborhood Partnership Steering Committee for a
term ending November 30, 1991, by the following vote:
ACTION: FOR MR. MCLEAN: Council Members Trout, Bowers, Bowles,
Fitzpatrick, Garland, Musser and Mayor Taylor- 7.
There being no further business, the Mayor declared the meeting
adjourned at 4:20 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 9, 1989
7:30 p.m.
609
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 9, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members David A. Bowers, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser, James O.
Trout and Mayor Noel C. Taylor ........................... 7.
ABSENT: None--- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
Taylor.
The meeting was opened with a prayer by The Reverend Fredrick E.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday~ April 6,' 1981, the City Clerk having advertised a public
hearing for Monday, January 9, 1989, at 7:30 p.m., or as soon there-
after as the matter may be heard, On the request of the Bank of
Shawsville that a 0.75 acre tract of land located at the 'southeast
intersection of Peters Creek Road and Lewiston Street, N. W., Official
Tax No. 6421133, be rezoned from RS-l, Residential Single-Family
District, to C-1, Office District, subject to certain conditions prof-
fered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 23, 1988, and Friday, December 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning commission advising that the purpose
of the rezoning was to permit the construction of a new banking faci-
lity, was before Council.
The'Planning Commission recommended that the request be approved,
advising that given the land use and zoning patterns along Peters Creek
Road, the proposed use of the property is reasonable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29414) AN ORDINANCE'to amend' §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone Certain property within the City, subject to
certain conditions proffered by the applicant.
(For full'text of Ordinance, see Ordinance Book No. 51, page 79.)
The motion was seconded by Mr. Fitzpatrick.
Mr. Edward A. Natt, Attorney, representing the petitioner,
appeared before Council in support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29414 was adopted, on first reading, by the
following vote:
AYES: Council Members Bowers, Bowles,
Musser, Trout and Mayor Taylor .............
NAYS: None .....
Fitzpatrick, Garland,
7.
~0,
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April~ 6, 1981, the City Clerk having advertised a public
hearing for Monday, January 9, 1989, at 7:30 p.m., or as soon there-
after as the matter may be heard, on the request of A Shear Experience
that a 0.337 acre.tract of land located on the southerly side'~of Peters
Creek Road, N. W., Official Tax No. 6421134, be rezoned from RS-l,
Residential Single-Family District, to C-1,. Office District, subject
to certain conditions proffered by the petitioner, the matter was
before the body. - ...............
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
December 23, 1988, and Friday, December 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Comission advising that the purpose
of the rezoning was to permit the operation of a hair styling shop in
the existing structure, was before Council.
The Planning Commission recommended approval of the request for
rezoning, advising that given the land use and zoning patterns along
Peters Creek Road, the proposed use of the property is reasonable.
(For full' text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
'- ' (#29415) AN ORDINANCE to amend §36.1-3, Code of the City of
· Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full.text.of Ordinance, see Ordinance Book No. 51, page 80.)
The motion was seconded by Mrs. Bowles.
Mr. Edward A. Natt, Attorney, appeared before Council in support
of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none,-Ordinance No. 29415 was adopted, on its first reading, ~v the
fol 1 owing vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musse~, Trout andMayor Taylor-, ........ · 7.
,'-':-'.'- , NAYS:' None ' ' :"--' -0.
-.:-',*
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday,* April 6, 1981, the City Clerk having advertised a public
'.',hearing for Monday, 'January 9, 1989, at 7:30 p.m., or' as soon
thereafter-as the matter may be heard,- on the request ,of Mr. John
Fulton, Balzer and Associates,-representing 'Valley.Care Corporation,
that a tract of land located on Hemlock Road, N. W., described as
' Official' Tax No. 6040504,-be rezoned from RS-2,:Residential Single
Family District, to RM-3, Residential Multi-Family, High Density
District, subject to certain conditions, the matter was before the
body.
611
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday, December
23, 1988, and Friday, December 30, 1988.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the rezoning was to permit the construction and operation of a group
care facility for the elderly, was before Council,
The Planning Commission recommended approval of the request for
rezoning, advising that given the mixed land uses of the neighborhood
and the apparent need for this type .of housing in that area of the
City, the proposed use of the property is reasonable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
ACTION:
(#29416) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 604, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 81.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning; whereupon, Mr.
Kenneth L. Bevins, 759 Hemlock Road, N. W., advised that he was not
opposed to the proposed rezoning. He requested the City's assistance
with regard to the traffic condition and speed limit in the area,
noting that the speed limit is supposed to be 25 miles per hour;
however, it is not adhered to by motorists. He said he had requested
assistance from the City on several occasions with no response, and
added that he was advised by the City Engineer that the Peters Creek
Road Project would eliminate the problem; however, completion of that
project will not take place until some time in the future and help is
needed now as opposed to a future.date.. .....
No other persons wishing to address Council, Ordinance No. 29416
was adopted, on its first reading, by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ --7.
ACTION:
NAYS: None .......... O.
Mr. Trout moved that the concerns expressed Mr. Bevins be referred
to the City Manager for investigation and report to Council. The
motion was seconded by Mr. Musser and unanimously adopted.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered-to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda. He
said there would be no separate discussion of the items and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately.
PENSIONS-ANNUAL REPORTS: A report of the Director of Finance
transmitting the City of Roanoke's Comprehensive Annual .Financial
Report and the Component Unit Financial Report for the City of
Roanoke's Pension Plan for the year ended June 30, 1988, was before
Council.. .......
(For full text, see reports on file in the City Clerk's Office.)
612
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reports be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....................................... 7.
NAYS: None O.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mr.
Thomas F. Brady tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective December 31,
1988, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the communication be received and filed and
that the resignation be accepted with regret. The motion was seconded
by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ............ 7.
NAYS: None O.
PLANNING: A report of qualification of Messrs. William A.
Sowers, Michael M. Waldvogel and Richard L. Jones as members of the
City Planning Commission for terms of four years each, ending
December 31, 1992, was before Council.
(See Oaths or Affirmations of Office on file in the City Clerk's
Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........... 7.
NAYS: None ....... O.
HUMAN RESOURCES: A report of qualification of Mr. William L. Lee
as a member of the Advisory Board of Human Resources for a term endin9
November 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .................. 7.
NAYS: None ........... O.
INDUSTRIES: A report of qualification of Mr. William F. Hawkins
as a member of the Economic Development Commission for a term of three
years, ending June 30, 1991, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mt. Fitzpatrick and adopted by the
following vote: · :
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor .......... 7.
NAYS: None ........ O.
613
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
LEGISLATION-INTERGRATION/SEGREGATION: Dr. Gary Waldo, repre-
senting the Coalition For A Council Ordinance Banning Discrimination In
Large Private Clubs, appeared before Council and advised that the
United States Supreme Court, in June, 1988, rendered a decision by a
9 - 0 vote upholding an ordinance of the City of New York banning
discrimination in large private clubs, which ordinance was originally
passed by the New York Council in 1984 specifically banning what the
ordinance and the Supreme Court referred to as invidious discrimination
based on race, gender, religion or national origin. He said the Court
also supported the rationale of the ordinance in saying that large pri-
vate clubs, as covered by the ordinance, engage in the commerce of the
con~nunity in the sense that members and non-members meet to discuss
business and other related matters, and that to deny the option of
engaging in that kind of co~nerce to minorities, women, people of dif-
ferent religious faiths or national origins was not only invidious, but
illegal. He added that the Supreme Court's decision is clear and
assertive and led the Coalition originally to the conclusion that it
would be appropriate for the Roanoke City Council to enact such an
ordinance in the City of Roanoke banning discrimination in large pri-
vate clubs.
Dr. Waldo said that question has been raised in the con~nunity as
to what constitutes a large private club, advising that the Supreme
Court answered the question by stating that the ordinance wording 400
or more members in the City of New York would constitute a large pri-
vate club; however, he stated that he had consulted with a number of
attorneys in the Roanoke area and inasmuch as Roanoke is not as large
as New York, the number in Roanoke would be in the range of 50 - 100
members, which would constitute a threshold level for such an ordi-
nance.
Dr. Waldo advised that it was his understanding that the City has
been told by the Attorney General that because of the Dillon Rule, the
City of Roanoke lacks the authority to pass such an ordinance on its
own, and if such an ordinance were to be passed, it would require the
support of the General Assembly, which could pass one of two kinds of
legislation; viz: enabling legislation which would allow localities in
Virginia to pass ordinances banning discrimination in large private
clubs or a law mandating such prohibitions in discrimination. He said
a number of groups in the con,unity have worked together to bring forth
the expeditious resolution of the problem and have stated that they do
not think there are any defensible arguments, either moral, legal or
otherwise, for sustaining discrimination in private clubs, and many
feel very strongly, having lived through the civil rights revolution
movement, the women's liberation movement and other related social
developments that it is now time for all people of humanity and good
faith to rally around whatever it takes by way of legal action to
achieve such an ordinance.
Dr. Waldo said inasmuch as at the present time Council does not
have the authority to pass such local legislation, he would urge that
the Members of Council go on record in favor of a resolution requesting
that the City's representatives to the General Assembly; viz: Senator
A. Granger Macfarlane, Delegate A. Victor Thomas and Delegate
Clifton A. Woodrum co-sponsor legislation which would enable the
Commonwealth of Virginia to either pass enabling legislation that would
allow Council to adopt an anti-discrimination ordinance or mandatory
legislation prohibiting discrimination. He said the matter could be
added to the City's legislative agenda, and the Coalition and many
citizens who are not affiliated with any particular organization would
join with Council urging the City's representatives to the General
Assembly to seek passage of such legislation.
Ms. Viola H. Faptano, 1238 Red Lane, Salem, Virginia, representing
the American Association of University Women, appeared before Council
and advised that on a national level, the Association supported the
ordinance on behalf of New York City before the Supreme Court. She
said that women are now as active in business as men and the old
fashioned idea that men need a separate place to meet and talk business
614
ACTION:
is no longer accepted in this country, and the overwhelming vote of the
Supreme. Court reflects that position. She said that many such groups
are not private social clubs, but groups that are important in the
world of business, and it is unfair to deny admittance to people on the
basis of gender, race, background or religion.
Mr. John T. Pugh, 115 22nd Street, S. W., appeared before Council
and advised that he was not speaking as a member of a private club nor
was he speaking for any organization. He spoke in favor of maintaining
the status quo, advising that those persons who have expressed a con-
cern over discrimination in private clubs should form their own club.
The Reverend Carl T. Tinsley, 2647 Springfield Drive, N. W.,
representing the Community Organization for Research and Development
and the Roanoke Chapter of the NAACP, appeared before Council and
advised that there is nothing in the Constitution that denies private
clubs; however, the matter under discussion is discrimination based on
one's color, creed, national origin or religion. He said that he did
not think that Christianity recognized color; that we are living in a
society today where we are all men and women and the only thing that
separates us is the pigment of our skin; and no one should be treated
in any way indifferent because of the color of their skin, or their
religion, or their national origin. He added that he was appalled to
think that we are living in a day and time in this City when intelli-
§ent white Christian males feel that they have to abide by discrimina-
tion in order to exclude certain people from their organizations. He
added that if Roanoke is to be an All-America City, he would like for
it to be known as a City whose doors are open to everyone, regardless
of color or national origin.
Upon question, the City Attorney advised that he had done no
investigation of private clubs within the City of Roanoke nor their
practices, which would be beyond his resources and authority. He
stated that private clubs' discrimination is of concern to everyone and
an embarrassment to the Commonwealth of Virginia, its citizens and
business community as well. He said the first question that Council
must consider whenever any group or individual requests adoption of an
ordinance is whether Council has the authority to adopt such a measure.
He advised that based on his review of the law and discussion with the
Attorney General's Office, he was compelled to reach the conclusion
that the City does not have the authority to adopt a New York type
ordinance. He added that it can be agreed that discrimination by large
private clubs such as those regulated by the New York City ordinance is
wrong; and this type of discrimination .is a legitimate, concern for
government and it is a legitimate concern for City Council. He stated
that it is too important to be dealt with by a "hodge-podge" of local
ordinances and suggested that the matter should be dealt with by uni-
form statewide prohibition adopted by the General Assembly.
Following discussion of the matter by the Mayor and Members of
Council, Mr. Musser moved that Council go on record as amending the
1989 Legislative Program of the City of Roanoke, and that the City's
representatives to the General Assembly seek state legislation to pro-
hibit discrimination, on a state-wide basis, in large private clubs
based on sex, national origin, religion and race; and further that the
General Assembly make a determination as to what constitutes a private
club in the Conmmnwealth of Virginia. The motion was seconded by Mr.
Garland and unanimously adopted.
PETITIONS AND CO~4UNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-EQUIPMENT-FIRE DEPARTMENT: The City Manager submitted a
written report concurring in a report of a bid con~nittee with regard to
the purchase of one new 1,500 GPM pumping engine with operational
equipment.
615
ACTION:
ACTION:
The bid committee recommended that Council accept the bid of
Kovatch Mobile Equipment, in the total amount including bonds of
$172,107.00; that Council appropriate $172,107.00 from the Capital
Maintenance and Equipment Replacement Program to Fire Department,
Account No. 001-050-3213,9010; and reject all other bids.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29417) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency,
(For full text of Ordinance, see Ordinance Book No. 51, page 73.)
Mrs. Bowles moved the adoption of Ordinance No. 29417. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... 7.
NAYS: None ...... O.
Mrs. Bowles offered the following emergency Ordinance:
(#29418) AN ORDINANCE accepting the bid of Kovatch Mobile
Equipment, made to the City for furnishing and delivering one (1) 1,500
GPM Pumping Engine; rejecting all other bids made to the City; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 73.)
Mrs. Bowles moved the adoption of Ordinance No. 29418. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor--- 7.
NAYS: None O.
BUDGET-UTILITY LINE SERVICES-PUBLIC WORKS-EQUIPMENT: The City
Manager submitted a written report concurring in a report of a bid
committee with regard to the purchase of two loader backhoes, three
utility trailers and an air compressor.
The bid committee recommended that Council accept the following
bids:
Two new loader backhoes from Baker Brothers, Inc.,
in the total amount of $63,575.00.
Three new utility trailers from Keith Welding in
the total amount of $16,500.00.
One new air compressor from McIlhany Equipment Co.,
Inc., in the total amount of $10,878.00.
It was further recommended that Council appropriate funds to pro-
vide for the purchases, as follows:
$59,204.50 from Internal Services Retained Earnings
to Utility Line Services, Account No. 006-056-2625-
9015.
$31,748.50 from Capital Maintenance and Equipment
Replacement Program to Street Maintenance, Account
No. 001-052-4110-9015.
ACTION:
ACTION:
The bid committee also recommended that all other bids be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29419) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 74.)
Mr. Garland moved the adoption of Ordinance No. 29419. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... -7.
NAYS: None ........
-0.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29420) AN ORDINANCE accepting bids for certain construction
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 75.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29420. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ....... .7.
NAYS: None .........
BUDGET-UTILITY LINE SERVICES-EQUIPMENT: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to the purchase of trucks and related equipment for the
Department of Utility Line Services.
The bid con~nittee recommended that Council accept the following
bids:
Pick-up trucks and utility type vehicle from
Berglund Chevrolet, Inc., in the total amount of
$54,051.15.
Dump truck and service truck cab/chassis from Magic
City Ford Corporation, in the total amount of
$53,919.41.
Dump truck and service truck bodies from Truck Body
Corporation, in the total amount of $22,467.75.
Dump truck cab/chassis from Johnson International
Trucks, in the total amount of $81,043.46.
It was further recommended that Council appropriate~'funds, as
follows:
$118,188.71 from Internal Services Retained
Earnings, which includes $1,200.00 for tool boxes
for pick-up trucks, to Utility Line Services,
Account No. 006-056-262§-g010.
$94,493.06 from Capital Maintenance and Equipment
Replacement Program to Street Department, Account
No. 001-052-4110-g010.
The bid committee al so recommended that all other bi ds be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
Mr. Musser offered the following emergency budget Ordinance:
(#29421) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 76.)
Mr. Musser moved the adoption of Ordinance No. 29421. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor-- 6.
ACTION:
NAYS: None ....... O.
(Council Member Bowers abstained from voting.)
Mr. Garland offered the following emergency Ordinance:
(#29422) AN ORDINANCE accepting bids for trucks and related
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 77.)
Mr. Garland moved the adoption of Ordinance No. 29422. The motion
was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ......... -6.
NAYS: None ........
(Council Member Bowers abstained from voting.)
BUDGET-POLICE DEPARTMENT-FIRE DEPARTMENT-EQUIPMENT: The City
Manager submitted a written report concurring in a report of a bid
committee with regard to the purchase of police and fire vehicles.
The bid committee recommended that Council accept certain bids for
police and fire vehicles, as follows:
Six new police automobiles, one new fire automobile
and two new pick-up truck cab/chassis to Berglund
Chevrolet, Inc., in the total amount of
$132,786.54.
Two new truck '~paddy wagon" bodies to be mounted on
above cab/chassis to Truck Body Corporation, in the
total amount of $15,420.12.
It was further recommended that Council appropriate $148,206.66
from the Capital Maintenance and Equipment Replacement Program to the
following accounts:
$133,125.52 to Police Department, Account No. 001-
050-3113-9010.
$15,081.14 to Fire Department, Account No. 001-050-
3213-9010.
The bid comnittee also recommended that all other bids be
rejected.
(For full text, see reports on file in the City Clerk's Office.)
618
Mr. Trout offered the following emergency budget Ordinance:
(#29423)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 78.)
Mr. Trout moved the adoption of Ordinance No. 29423. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ........... .6.
NAYS: None--
(Council Member Bowers abstained from voting.)
Mr. Musser offered the following emergency Ordinance:
(#29424) AN ORDINANCE accepting bids for certain vehicular
equipment; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 78.)
Mr. Musser moved the adoption of Ordinance No. 29424. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser, Trout
and Mayor Taylor ....... 6.
NAYS: None-- O.
(Council Member Bowers abstained from voting.)
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SEWERS AND STORM DRAINS-WATER DEPARTMENT-EASEMENTS: Ordinance No.
29412 providing for the vacation of an unused public water and sewer
easement at the Century Business Center, upon certain terms and con-
ditions, having previously been before the Council for its first
reading on Tuesday, January 3, 1989, read and adopted on its first
reading and laid over, was again before the body, Mrs. Bowles offering
the following for its second reading and final adoption:
(#29412) AN ORDINANCE providing for the vacation of an unused
public water and sewer easement at the Century Business Center, upon
certain terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 72.)
Mrs. Bowles moved the adoption of Ordinance No. 29412. The motion
was seconded by Mr. Garland and'adopted by tile following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and )4ayor Taylor ......... -7.
NAYS: None .......
Oe
PARKS AND PLAY2ROUNDS-CITY PROPERTY: Ordinance No. 29413
authorizing the lease of the Fishburn Park Caretaker's House to Mr. and
Mrs. George F. Blackwell, upon certain terms and conditions, having
previously been before the Council for its first reading on Tuesday,
January 3, 1989, read and adopted on its first reading and laid over,
was again before the body, Mrs. Bowles offering the following for its
second reading and final adoption:
(#29413) AN ORDINANCE authorizing the lease of the Fishburn Park
Caretaker's House, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 72.)
619
ACTION: Mrs. Bowles moved the adoption of Ordinance No 29413. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowers, Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor ........ 7.
NAYS: None ................ O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
ECONOMIC DEVELOPMENT: Council Member Trout referred to marketing
strategies and enhancement practices used by cities in the United
States in their economic development approaches, and talked specifi-
cally about the efforts of Baltimore, Maryland and Miami, Florida. He
also referred to a recent article which appeared in the sports section
of the Roanoke Times & World-News, with reference to the CAA (Colonial
Athletic Conference) tournament. He said as one Member of Council, he
I.~ouiU like for the City to aggressively pursue the CAA Conference to be
held in the Roanoke Civic Center in the year 1990. He called attention
to the fact that the Metro Conference will be held in Roanoke in 1991
and the CAA, which is conducted on a smaller scale, would provide an
opportunity for the City to finetune its operation at the Civic Center
in preparation for the Metro tournament. Also, as one Member of
Council, he said he would be willing to spend City funds in order to
appropriately compete with other localities for the CAA. He added that
he could not recall any City having two tournaments back to back,
unless it would be a larger City like New York. He explained that the
exposure the City of Roanoke would receive from these two tournaments
would be invaluable inasmuch as they would provide excellent oppor-
tunities for economic development by calling attention to the Roanoke
Valley and the City specifically as a potential location to establish
new business and/or industry.
OTHER HEARINGS OF CITIZENS: NONE.
There being no further business, the Mayor declared the meeting
adjourned at 8:55 p.m.
APPROVED
City Clerk
620
SPECIAL SESSION ROANOKE CITY COUNCIL
January 17, 1989
12:00 noon
The Council of the City of Roanoke met in special session in the
Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, on Tuesday, January 17, 1989, at 12:00
o'clock noon, with Mayor Noel C. Taylor presiding, pursuant to Section 10
Meetings of Council, of the Roanoke City Charter. '
PRESENT: Council Members David A. Bowers, Beverly T. Fitzpatrick, Jr.,
Robert A. Garland, Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ........ _ ................ 6.
ABSENT: Council Member Elizabeth T. Bowles
-1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Mark A.
Williams, Assistant City Attorney; Joel M. Schlanger, Director of Finance;
and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by Mayor Noel C. Taylor.
The special meeting was called pursuant to the following com-
munication from the Mayor:
"January 12, 1989
The Honorable Vice-Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to Section 10, Meetings of Council, Generally, of the Roanoke
City Charter, i am calling a special meeting of the Roanoke City
Council for Tuesday, January 17, 1989, at 12:00 noon, in the City
Council Chamber, fourth floor of the Municipal Building. The purpose
of the special meeting will be to receive a report of the City Manager
relating to the proposed Roanoke River Flood Reduction Project.
Sincerely,
S/Noel C. Taylor
Noel C. Taylor, Mayor
City of Roanoke"
FLOODS-BONDS: The City Manager submitted a written report advising
that many meetings and written reports have been used to discuss the
Roanoke River Flood Reduction Project; that the last report was sub-
mitted to Council on August 8, 1988; and as a result of the report,
Council elected to do the following:
Hold a refere~ldum on the project at an exact date
to be established, but not later than May, 1989.
Authorize initiation of technical services for sur-
veying, appraisals, etc.
Reaffirm project support.
Not hold the referendum in November, 1988 in order
to provide additional time for the City, and the
Corps of Engineers (COE) to resolve questions
regarding certain design features, project costs
and benefits. Also, the additional time between
November, 1988 and the ultimate referendum date (to
occur by May, 1989) was to provide for completion
of the final design memorandum and to make that
document available for public scrutiny prior to the
date of the actual referendum.
Authorize initial funding for technical services.
And that the purpose of the briefing was to:
Report to Council and the public and provide an
update on the project.
Afford Council time to discuss the project and hold
such public meetings as it desires.
Advise Council of the need to vote by February 6,
1989 to place this matter to a referendum vote of
the citizens of the City of Roanoke.
Make a recommendation to Council regarding:
Scale of the project
Budget
Method of financing
Date for a referendum
Mr. Herbert further advised that the proposed Roanoke River Flood
Reduction Project is clearly a project that has struck the interest of
the community. He expressed appreciation to Congressman Jim Olin and
Colonel Paul W. Woodbury, District Engineer,~ Corps of Engineers and his
staff. The City Manager explained that the purpose of the project is
to reduce damage and loss of life and injury; not to control flooding,
but rather to reduce flooding and its impact on the loss of property
and life we have had in floods. He compared the design of the flood
reduction project to the design of a highway project, stating that
highway projects are not designed fo~ peak traffic control, they are
designed for eighty-five percent of peak traffic, and that this project
is not designed to eliminate the lO0-year flood as experienced in 1985,
it i~'designed to 'reduce damage and loss of life and injury.
The'City Manager referred to the history of the project, stating
that we have begun to move forward on a viable project in the last 16
to 20 years, that there have been numerous alternatives presented, and
the project we are dealing with now is the project encompassing ten
miles along the Roanoke River in the City of Roanoke. Mr. Herbert
explained that this is the only solution that will significantly
address and reduce our flooding, which is available with federal par-
ticipation. He referred to a chart showing the fifteen worst floods in
the history of the City from 1877 through 1985, advising that the chart
indicates the actual stage level at the Walnut Avenue measuring sta-
tion; and pointed out that a lO-year flood has a 10% statistical chance
of happening in any given year,.a 25-year flood has a 4% statistical
chance of happening in any given year, a 50-Year flood has a 2% sta-
tistical chance of happening in any given year, and a lO0-year flood
has a 1% statistical chance of happening in any given year.
The City Manager stated that the 'City had heavy citizen par-
ticipation in this project; that the proposed project is dramatically
changed from the initial project; that there are plans to hold a series
of public information meetings and provide presentations to neigh-
borhood organizations and community groups; and that a Flood Project
Information line has been set up and will be open between the hours of
8:30 a.m. and 4:30 p.m., Monday through Friday.
Mr. Herbert explained that included'in the recreational benefits
of the project will be a new 12-foot wide and 4.6 mile long
recreational trail from the 13th Street, S. E. bridge to Wasena Park,
with one required pedestrian bridge across Roanoke River; that this
will provide an area for jogging, bicycling and walking, as well as two
parking areas, and there will also be increased public access points to
the river for fishing and boating.
62_2
The City Manager pointed out that one major goal of the project is
to maintain what we have, advising that there are 5,000 jobs contained
in the river corridor with over $1 billion in investments, and that
this project will affect businesses that have had up to three flood
recovery loans, who know that another flood could seriously jeopardize
their ability to stay in business, He said that this project sends a
strong message to the business community that the City does want to
maintain those jobs and maintain the tax base, and sends a message to
our citizens that once the City understands' the need for a project, we
don't say we can't afford it and walk away, rather, we work long and
hard to bring the recommended program to the community.
The City Manager called attention to the beautification aspect of
the project, advising that one important step that Council took was
allowing the hiring of Lardner/Klein,~'Landscape Architects, who have
recommended changes that will ultimately enhance the appearance of the
project, as well as dealing with a long-range plan for the river corri-
dor. He further advised that environmental preservation has been a key
driving concern; that several environmental groups were invited to give
us their input as well as having the review of the federal fish and
wildlife people on the project; and that an important point along this
ten-mile stretch of rive)- is that sixty percent of the river bank will
have no construction on it, enabling us to'save a number of trees, and
have a visual screen between the floodway and businesses and residen-
~ces.--~ Mr,. Herbert said that~ the Corps' of Engineers has agreed to
include~in'the General Design Memorandum where feasible;, trading rip-
rap for concrete pavers, which are squares of concrete with holes
drilled in them that will be overseeded to give the appearance of a
:" ' :'grassed area,"in order to-be much 'more acceptable visually; and also
included Will be'a critical habitat area for wildlife reproduction and
"' ~ cover'. .... The City Manager further .stated that other issues~ from an
· ~environmental standpoint, are that there-will, be no dredging in the
" river, from .low water line to low water' line from one side ,of the rive)-
to the other; tliere is going'to be no construction'in that particular
area; and there will be no project construction during the critical
-'" Wildlife habitat reproduction time period from March I to June 30.
"' " ~ "' ~ ' ~ ' : ,' , - -
· " Mr. Herbert called attention to the-following features of the pro-
posed project: .... ~ .~ .... :,- .:
· ~": 'i': ""Channel'-widening by bench cutting into one side of
" :" the 'river bank along rmoSt 'of the 10 mile reach of
~ , the river within the City'limits." .
Protective dikes or berms in the areas of: .-.
~ Regional Sewage Treatment Plant '
' :~ Victory Stadium area ~
Cleveland Avenue area1
Flood proofing of critical buildings at the Sewage
"~Treatment Plant. '~ ....... · ,
Replacement of two existing low water bridges along
· ' ~' .... Wiley Drive .... .- ,..
"- '. -A new 12 foot wide and 4.6 mile long recreational~'
trail .fPOm 'the 13th Street, S.. E. '.bridge to Wasena'
Park with one required pedestrian bridge across
· '- ' - Flood warning , system to help forecasters and
" ": emergency service p~rsonnel better 81err citizens
'~-of impending floods.and'to provide a 'method-of
· " ..... estimating their significance. ,'
"~ '. , . . .~, ~ , - ) ~...r. ...
Mr. Herbert stated that the amount of construction (bench cut) has
been reduced in the Hannah Court area and the recreation trail elimi-
nated upstream of Wasena Park; that the result of these two changes
will eliminate the need to relocate permanently the 39 trailers from
this area; however, subject to final design and construction tech-
niques, the trailers may need to be temporarily moved to allow room for
623
construction equipment to excavate the bank of the river and construct
a vertical masonry wall to stabilize the bank and separate the level of
the reduced bench cut area and the areas on which the trailers are
parked.
The City Manager stated that other key components of the project
are to replace two existing low water bridges along Wiley Drive, which
would lift the bridges up and avoid frequent closings which are costly
to the City; and create a separate area beyond the vehicular area for
walking, bicycling and fishing, so as not to be in with the traffic
flow.
Mr. Herbert advised that the project contains some enhancements
beyond the standard project in terms of Corps of Engineers par-
ticipation that are 100% the City's cost, including environmental and
appearance improvements, low water bridges, and a pedestrian bridge
across the river. He said the project also includes a proposed buy
out/flood proof/resale program for residential structures, whereby it
is proposed for the City to set aside $500,000.00 in a revolving fund,
from which to buy property located in the floodplain that is put on the
market, flood proof it, and put it back on the market to sell.
The City Manager stated that the estimated cost of the project for
City purposes, including a 15% inflation on structural costs, City only
cost for betterment, City only cost for replacing the low water
bridges, and City only cost for the one pedestrian bridge across the
river, is as follows:
Previously Discussed Project
Elements
Total Federal Local
Structural
Flood Warning
Recreation*
Flood Proofing
Incidental Acquisition &
Technical Costs
$28,295,938 $18,551,236 $ 9,744,702
127,000 86,250 40,750
4,348,448 1,052,687 3,295,761
374,550 256,874 117,676
381,697 0 381,697
$33,527,633
City project costs outside
of previous project elements:
$19,947,047
$13,580,586
Total Federal Local
Reserve fund to purchase,
flood proof and resell vacant
residential structures
located in federally defined
flood plains on a City wide
basis (to maintain housing
stock )
$ 500,000 $ 0$ 500,000
Maximum amount to flood
proof critical structures
to mitigate the impact of
decreased excavation at
Hannah Trailer Court
$ 250,000 $ 0 $ 250,000
$34,277,633 $19,947,047 $14,330,586
*Complete elimination of the recreational enhancement element would
reduce the recreational element to a local cost of $1,630,125 for relo-
cation of the low water bridges.
The City Manager advised that the budget for paying the local
amount is projected as follows:
624
Estimated City financial commitment $14,330,586
Deduct:
Land donations
Water and sewer fund
expenditure requirements
Funding to date
State funding from
current programs
relating to recreation
Federal and State reim-
bursements from the
1985 flood da~ge
-$3,920,000
- 661,137
- 650,000
- 782,625
- 816,824
Total Deductions
-$6,830,586 -6,830,586
Net Unfunded Local Amount
$7,500,000
Suggested Bond Referendum
Amount
$7,500,000
Required budget amount on an
annual basis is estimated
as follows:
$7,500,000 capitalized over
30 years at 7~ interest and
uniform annual payment
$ 635,034
Funding required for annual
operations and maintenance expense
100,000
Total additional annual funding needed $ 735,034
The City Manager further advised that financing for the additional
annual project cost needs to be provided by a new source of revenue or
from an increased amount from an existing source of funding, and that
his reconmmnded method of payment is to consider using the utility tax.
He stated that the utility tax is an important tax source we have in
the City, and it is a source we have very little control over as far as
prices or usage; that based on our estimates, the econonl~, and usage as
it is today, we estimate that we will not need to exceed the 2%
increase in the utility tax to generate the $750,000 additional funding
needed, and that the 2% increase in the utility tax will translate into
a $1.50 to $2.25 increase per month for typical residential customers.
Mr. Herbert stated that Council has been dealing with this matter
for at least sixteen years, and we are now at the point where we have
an affordable project that he can recommend to Council. He advised
that Congressman Olin has stated that in order for him to obtain
funding from the federal government, in terms of Corps of Engineers
support for this project, he has to know the City is willing to put up
its local share. Mr. Herbert reconmmnded that this matter be put to a
referer, dum on April 11, stating that it is critical that the City move
forward with this component.
Congressman Jim Olin expressed congratulations to Council for
moving the project ahead it has been in the last six months, and com-
mended the City Manager and his staff for working with the various ele-
ments of the community. Congressman Olin stated that Colonel Woodbury
has cooperated on doing the necessary engineering, that he has been
responsive to the needs and desires expressed by the members of this
community, and we are now at a point where we need to act. He said the
Corps of Engineers has reached the point where it has fully described
the project, that the main elements of the project are known, and that
the City needs the project because it is important in terms of
industrial development and business development. Congressman Olin
further stated that in terms of timing, the Corps of Engineers has an
amount of money in the President's budget that has been proposed to
complete the engineering on the project, that they will expect to be
ready to advertise for bids sometime in the middle of next year, and it
625
will be necesssary to get the federal construction money appropriated
for fiscal year 1991, starting October I next year. He advised that
this is all contingent upon the City going ahead with the referendum,
and on the citizens of the conm~unity deciding that they want this pro-
ject; that if the April 11 vote turns out to be favorable, the Corps of
Engineers will finish the work, advertise for bids, and the fiscal year
1991-92 will see the construction of the project; however, if there is
a delay and the referendum is not held by April 11, this would cause a
gap in the Corps' work, and if the referendum does not pass, the Corps
would terminate its work and it would be literally decades.before the
City could re-launch this project again. He said that the project
deserves thorough and favorable consideration, and he will work with
the City to explain this to the citizens of the City so they will
approve it.
Mayor Taylor expressed appreciation to the City Manager and
Congressman Olin for their statements concerning the continuation of
the project, and the reference made to laws regarding elections in
Virginia.
Colonel Paul W. Woodbury advised that this has been an effort of
compromise by the Corps of Engineers and the.City to come up with a
good project and a good proposal. He echoed the sentiments of
Co~,gressman Olin, stating that the City needs to move forward if they
want to keep the momentum on the project, and that it is incumbent upon
the City of Roanoke to show they are serious about the project.
Mr. Bud LaRoche, representing the Virginia Department of Game and
Inland Fisheries, 209 East Cleveland Avenue, Vinton, Virginia, inquired
whether the City anticipates being able to provide an improved han-
dicapped angler access area with the recreational aspect of the pro-
ject; whereupon, the City Manager advised that the City recognizes the
need for this kind of access and assured Mr. LaRoche that this com-
ponent will be included in the project, and that the project will be
accessible to all our citizens.
Mr. Garland commended the City Manager and the Corps of Engineers
for their presentations. He con~ented.that this project is a culmina-
tion of almost 20 years of study, re-study,, delay, and frustration, and
that we have seen four of the worst floods this City has experienced in
the 100 year history, with three of the floods being .in the last ten
years. He said the City cannot delay this any further, and reconm~nded
to Council and the citizens that we immediately go forward with the
project.'-Mr.. Garland referred ~'to the comment made by the City Manager
that the 100% City cost for~the,proJect would-include inflation, and
inquired whether he meant that the project would be $40 million instead
of $34 million as anticipated, which would be $6 million beyond what we
thought it would be, and would that $6 million be 100% at C'~ty cost or
would the-federal · government share in ~that cost; whereupon, the City
Manager advised that the federal government would share in that cost,
that the construction portion of the project is 95% federal par-
ticipation and 5% non-federal participation, that we have anticipated
for our share of the cost of the project and increased those numbers in
this project esttmate by 5% in years one, two.and three, and that in
these numbers for the non-federal share, we have increased the project
cost by 15% to anticipate inflation. ~ .':
Mr. Garland referred to the City Manager's statement that there
will be no construction on. 60% of the river bank, and questioned
whether it is zoned for construction, in the event a business or
industry wants to :locate there in the future; whereupon, the City
Manager advised that the 60% refers to construction that would be
taking place with regard to this project, that on 60% of the area which
is 50 to 100 feet from the low water line, there will be no construc-
tion. · 'Mr,' Herbert said that City Council already has in place a flood
plain ordinance that prohibits construction :in a number of these areas
which are not currently developed from being developed because they are
encroaching on the lO0-year floodway, and if .they are in.the lO0-year
flood plain, there are certain other restrictions. .. ~,. ~:
Mr. Garland stated that he believes the 2% increase in the utility
tax is the most fair way to approach the project and it would be a tax
that would affect more people than any other.
626
Mr. Fitzpatrick expressed appreciation to the City Manager and his
staff for making an excellent presentation. He stated that he believes
this is a project that takes into consideration tremendous environmen-
tal concerns, recognition of economic development efforts, ~the quality
of life overall, and the recreational component, and he believes the
recreational component will be the thing that Roanoke most remembers 10
to 15 years from now, because Roanoke will be a community that is
offering something to its citizens that very few communities have. He
said.that we will see the flood reduction, but more importantly, we
will be talking about what a great place this is to live and exercise
and enjoy the beauty we have been given. Mr. Fitzpatrick expressed the
need for our citizens to give us as much guidance as possible on the
project, because it will be necessary to make a quick decision on this
in order to get a message to the Corps of Engineers about our par-
ticipation in this most important project.
Mayor Taylor stated that the flood reduction project is an idea
whose time has come, and expressed deep gratitude and appreciation for
the patience, cooperation, and involvement of those who have busi-
nesses, and who live and work in the flood zone. He said that he
believes this is an action we must take, that.it tells something about
the interest of the City in protecting its businesses and industries
and the people who make up this-con~unity, and that he thinks the flood
reduction project, although it will not eliminate floods, is taking the
right step at the right time in helping the City to continue to grow
· and develop.
The City Manager referred, to his written report on the Roanoke
River Flood Reduction Project, and recommended that Council vote by
February 6, 1989, to take the following action:
Request a Court Order placing the project on a ballot for a
· · referendum.vote by the City citizens on April 11, 1989.
Support the Roanoke River Flood project to include the entire
program as outlined in Section II, G., Cost, of his report for a
..... locally required funding effort of $14,330,586 reduced to a net
remaining,unfunded cost of $7,500,000 in Section I~I,'H., Budget,
of the report ......
· . Authorize,. subject to. the .referendum, the Director of Finance to
, sell bond(s) up to the amount of $7,500,000.
Establish the intent to..pay .the annual, cost for the bonded debt
retirement and the operations and maintenance expense by raising
.... the, utility,tax from 10% to not more than 12%.
Provide that this support and authority .will become wholly the
option of City Council,-e,g. not an absolute con~nitment of Council
to the ~ Federal governments, unless the project is approved for
federal funding by the Congress of the United States of America
and the project awarded for.constructton..within three years of the
date of the approval of the citizens· of' the City of Roanoke by
referendum vote. An exception to .this requirement is that the
Director of Finance may provl~e such funding as is needed, with
the additional approval of City Council, for such .preliminary
expenditures as may be required to secure the real estate rights
and options that will have to be in the control of the City prior
to the project going to bid.
., -;The City. Manager stated that February 6 is the final, date that
-. City Council. can act and still place this item on the referendum by
..,~ April 11 ........... .~..: ..... .: .:
ACTION: .. Mr.. Trout movJd that Council accept the City Manager:s recommended
timetable as presented with regard to moving the project forward, and
refer the matter to the City Attorney to prepare the necessary papers
'...,.~ that..are, germane to the recommended, timetables. The motion was
seconded by Mr...Fitzpatrick. . .... .
627
ACTION:
ATTEST:
Mr.'Bowers referred to item K. 3. on page 10 of the City Manager's
report, with regard to holding a public information meeting on the pro-
ject, and inquired whether the City Manager plans to provide some type
of notice to the public about the meeting; whereupon, Mr. Trout stated
that he made the motion to refer the matter to the City Attorney for
this purpose.
Mr. Bowers also referred to Items K. 2. and K. 3. on page 10 of
the City Manager's report, with regard to Council's decision and dates
for public hearing and the public information meeting on the project,
and stated that he would prefer that Council hold the public hearing at
an evening meeting, following the City Manager's public information
meeting, and that perhaps Council could hold its public hearing on
Monday, January 30, 1989. He inquired whether Council can act on this
matter at a special meeting; whereupon, the City Attorney advised that
a Resolution could be adopted at a special meeting of Council.
The Mayor stated that Council will expect the City Manager to have
his public information meeting prior to Council's public hearing to be
scheduled for Monday, January 30, 1989, at 7:30 p.m.
The motion to follow the City Manager's timetable as submitted in
the report on page 10, item K., with the adjustment of scheduling a
special meeting of Council on Monday, January 30, 1989, at 7:30 p.m.,
for the purpose of holding a public hearing and adoption of the
necessary documents, was adopted.
(NOTE: '' The City Attorney advised Council by communication dated
January 20, 1989, that because of advertising requirements, the
earliest date that a public hearing on the project can be held is
February 6, lgBg. Accordingly, Council at its regular meeting held on
Monday, January 23, 1989, adopted Resolution No. 29436, changing the
time of the Februray 6, 1989, Council meeting from 2:00 p.m. to
7:30 p.m., in order to hold the required public hearing with respect to
the Roanoke River Flood Reduction Project.)
There being no further business, the Mayor declared the meeting
adjourned at 1:32 p.m.
APPROVED
Deputy City Clerk
I
62:8
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 17, 1989
2:00 p.m.
The Council of the City of Roanoke mot in regular moeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, January 17, 1989, at 2:00 p.m., the regular
moeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, ~egular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amonded.
PRESENT: Council Members BeVerly T. Fitzpatrick, Jr., Robert A.
Garland, Howard E.' Musser, Jamos O. Trout, David A. Bowers and Mayor Noel C.
Taylor ........................... 6.
ABSENT: Council Member Elizabeth T. Bowles 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The meeting was opened with a prayer by The Reverend Philip R. Thomas,
Pastor, King's Memorial Church.
The Pledge of Allegiance to the Flag of the United States of Amorica
was led by Mayor Taylor.
CONSENT AGENDA: ..~ -~
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that.item would be removed from the Consent
A§enda and considered separately.
ZONING-ANNUAL REPORTS: A-communication from Mrs. Ruth C.
Armstrong, Secretary, Board of Zoning Appeals, transmitting the Annual
Report of the Board for the year 1988, was before Council.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Bowers andadopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ............ 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
TRAFFIC: A report of qualification of Mr. James L. Phillips as a
member of the City of Roanoke Transportation Safety Commission for a
term ending October 31, 1992, was before Council.
ACTION:
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ............. 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
ACTION:
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-POLICE: The City Manager presented a written report
advising that the 1960's Presidents Report entitled, "Crime In A Free
Society", referenced the need for National Standards for Law
Enforcement Agencies; that in 1979, the Law Enforcement Assistance
Administration (LEAA) provided funds to the International Association
of Chiefs of Police, (IACP), National Association of Black Law
Enforcement Officers (NOBLE), National Sheriffs Association (NSA) and
Police Executive Research Forum (PERF) to proceed with the development
of a con~nission for accreditation of Law Enforcement Agencies; and Law
Enforcement Accreditation is a process that provides state and local
law enforcement agencies the opportunity to voluntarily demonstrate
that they meet an established set of law enforcement standards, through
periodic evaluations conducted by an independent, nongovernmental body.
It was stated that the Commission on Accreditation for Law
Enforcement Agencies is the only known source available to provide the
accreditation service; that on November 28, 1988, Council designated
funds in the Capital Maintenance and Equipment Replacement Program to
provide for Police Deparbnent application for accreditation; and that
the Police Department is and has been preparing for this stage of the
process over the past thirty-six months.
It was further stated that the accreditation fees are based on the
number of full time employees in a police agency; that the Payment Fee
Schedule fixes Roanoke's cost at $12,825.00 until February 1, 1989,
when it increases to $13,775.00; and that the eleven Law Enforcement
Agencies in the Commonwealth of Virginia that have received accredita-
tion are as follows:
Alexandria, Virginia
Arlington, Virginia
Fairfax, Virginia
Henrico County, Virginia
Prince William County, Virginia
Staunton, Virginia
Newport News, Virginia
Virginia Beach, Virginia
Williamsburg, Virginia
Herndon, Virginia
Virginia State Police
The City Manager recommended that Council appropriate $12,825.00
to provide for the Accreditation application for the Roanoke City
Police Department.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29425) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 82.)
Mr. Bowers moved the adoption of Ordinance No. 29425. The motion
was seconded by Mr. Trout and adopted by the following vote:
629
630
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ................................ 6.
NAYS: None O.
(Council Member Bowles was absent.)
APPALACHIAN POWER COMPANY-INDUSTRIES-SEWERS AND STORM DRAINS: The
City Manager presented a written report advising that Council at its
meeting on September 14, 1987 adopted Ordinance No. 28798, authorizing
execution of an option for the sale of approximately 20.8 acres of
land within the Roanoke Centre for Industry and Technology (RCIT) to
QCI Corporation, which assigned its rights to purchase the property to
Vitramon, Incorporated; that one of the conditions of the option
requires the City to install sanitary sewer facilities including a
sanitary sewer pump station; and that Vitramon, Incorporated purchased
22.307 acres for $250,000.00 on March 9, 1988, and these funds are
being applied toward the construction of Chip Drive, N. E.
It was pointed out that E. C. Pace Company, Inc. submitted a bid
in the total amount of $308,743.50, which was accepted by Council on
May 16, 1988, pursuant to Ordinance No. 29125; that the contract amount
of $332,932.50, included an add alternate and Change Order No. 1; and
the project specifications relating to electrical power to the pump
station state that the contractor shall arrange for the work by
Appalachian Power Company to be accomplished and shall submit to the
City of Roanoke, for separate payment, an invoice from Appalachian
Power Company for the connection fee, and the City shall pay the face
amount of the Appalachian Power Company invoice.
It was stated that the application for electric service to serve
the pump station was sent to and received by Appalachian Power Company
in May, 1988; that the sanitary sewer facilities and pump station have
been installed by the City's contractor for the construction of Chip
Drive, N. E.; that the pump station is designed to serve the Vitramon,
Incorporated site and the Universal Communication Systems site, both of
which have new facilities presently under construction at Roanoke
Centre for Industry and Technology; and electrical service is now
needed to make the pump station operational.
It was further stated that Appalachian Power Company completed its
review of the City's application, advisinu the City on November 18,
1988, of the costs associated with providing the necessary electrical
power to the pump station; that the total cost of $22,656.0D would
provide underground service from an electrical source along the west
boundary of the Roanoke Centre for Industry and Technology; that
Vitramon anticipates that their new facility will be occupied by early
April, 1989; and that Appalachian Power Company can install the
electrical service within three to four weeks of receipt of payment by
the City.
It was explained that funding for the $22,656.00 electrical ser-
vice is available in the project contingency, in the amount of
$13,365.00, and in the unspent portion of the project contract, in the
amount of $9,291.00; that a change order is necessary to shift the
money from within the contract to the project contingency, to make it
available for payment to Appalachian Power Company; that the contract
would decrease to $323,641.50 by virtue of Change Order No. 2, in the
amount of $9,291.00; and the decrease would include 326 tons of bitumi-
nous base course, at a unit price of $28.50, which is not needed for
completion of this project.
The City Manager recommended that he be authorized to execute the
agreement for underground service with Appalachian Power Company to
provide electric service to the sanitary sewer pump station located
along Chip Drive, N. E.; authorize payment to Appalachian Power
Company, in the amount of $22,656.00; and execute Change Order No. 2
for a decrease in the amount of $9,291.00.
(For full text, see report on file in the City Clerk's Office.)
m
ACTION:
ACTION:
ACTION:
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29426) AN ORDINANCE authorizing the City Manager to execute a
certain Application and Agreement with Appalachian Power Company; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 82.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29426. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor-- 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29427) AN ORDINANCE approving the City Manager's issuance of
Change Order No. 2 to the City's contract with E. C. Pace Company,
Inc., for construction of Chip Drive, N. E.; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 83.)
Mr. Musser moved the adoption of Ordinance No. 29427. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ..... 6.
NAYS: None- O.
(Council Member Bowles was absent.)
EQUIPMENT-PARKS AND RECREATION: The City Manager submitted a
written report concurring in a report of a bid comtttee with regard to
necessary repairs to an existing aerial boom and bucket.
The bid committee submitted a written report advising that the
Grounds Department currently uses a Teco Aerial Boom and Bucket mounted
to an existing cab/chassis that is used for tree trimming and ball park
light replacement; that stress tests were performed on the unit, which
confirmed that repairs were necessary in order for this unit to be
operated in the safest and most efficient manner; that specifications
were developed and sent to the two known repair dealers for this type
of equipment; and that bids were received, and opened and read in the
Office of the Manager of General Services, at 2:00 p.m., on
December 30, 1988.
It was pointed out that two bid responses were received; and the
lowest bid submitted by Utility Line Equipment, Inc., covers all known
necesary repairs.
The bid con~nittee recommended and the City Manager concurred in
the recommendation that Council accept the low bid submitted by Utility
Line Equipment, Inc., to make necessary repairs to the aerial boom and
bucket, for the total amount of $15,662.00, and allow for unknown
internal parts cost, if and when identified, to be paid separately; and
reject the other bid received.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Musser offered the following emergency Ordinance:
(#29428) AN ORDINANCE accepting the bid of Utility Line
Equipment, Inc., for repair of an existing aerial boom and bucket, upon
certain terms and conditions, rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 84.)
Mr. Musser moved the adoption of Ordinance No. 29428. The motion
was seconded by Mr. Garland and adopted by the following vote:
631
632
ACTION:
ACTION:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ..... 6.
NAYS: None ..... O.
(Council Member Bowles was absent.)
BUDGET-MUNICIPAL PARKING GARAGE-EQUIPMENT: The City Manager sub-
mitted a written report concurring in a report of a bid committee with
regard to the purchase of one new Power Sweeping Machine for the
Municipal Parking Garage.
The bid committee submitted a written report advising that on
November 10, 1988, specifications were developed and bid requests sent
specifically to eight vendors currently listed on the City's bid list;
and bids were received until 2:00 p.m., on November 30, 1988, at which
time all bids were publicly opened and read in the Office of the
Manager of General Services.
It was pointed out that six bid responses were received and eva-
luated in a consistent manner by representatives of Utilities and
Operations, the Parking Garage and General Services; and the second
lowest bid as submitted by Syndor Industrial Services, Inc., met all
required specifications and is considered the lowest responsible bid.
The bid committee recommended and the City Manager concurred in
the recommendation that Council accept the lowest responsible bid to.
furnish and deliver one new Power Sweeping Machine, as submitted by
Syndor Industrial Services, Inc., in the total amount, including trade
allowance for existing unit, of $14,106.00; reject other bids received;
and transfer $14,106.00 from Equipment Replacement Contingency Account
No. 001-002-9410-2202 to Parking Garage Account No. 001-056-8140-9015,
to provide for the purchase.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29429)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 84.)
Mr. Garland moved the adoption of Ordinance No. 29429. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ........ 6.
NAYS: None ....... O.
(Council Member Bowles was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29430) AN ORDINANCE accepting the bid of Syndor Industrial
Services, Inc., made to the City for furnishing and delivering one (1)
new Power Sweeping Machine; rejecting all other bids made to the City;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 85.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29430. The
motion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ....... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
633
ACTION:
ACTION:
CITY ATTORNEY:
LEGISLATION-SEGREGATION/INTEGRATION: The City Attorney presented
a report advising that at the January 9, 1989, meeting of Council, he
was requested to prepare a resolution urging the 1989 Session of the
General Assembly to enact an amendment to the Code of Virginia prohi-
biting discrimination on the basis of race, creed, color, national ori-
gin or sex by certain large private clubs on a Statewide basis.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser offered the following Resolution:
(#29431) A RESOLUTION requesting the 1989 Session of the General
Assembly to enact an amendment to the Code of Virginia prohibiting cer-
tain discrimination by large private clubs on a Statewide basis.
(For full text of Resolution, see Resolution Book No. 51, page 86.)
Mr. Mussermoved the adoption of Resolution No. 29431. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor .............. 6.
NAYS: None ............ O.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES:
CIVIC CENTER-HANDICAPPED PEOPLE: Council Member Robert A.
Garland, Chairman of a con~nittee appointed by the Mayor to tabulate
bids received to provide and construct an elevator for the handicapped
and related use at the Civic Center Auditorium, presented a written
report on behalf of the committee, recommending that Council reject all
bids, authorize the City Manager to have the contract documents revised
and readvertise the project.
The City Manager submitted a written report concurring in the
recon~endation of the con~nittee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following Resolution:
(#29432)
elevator for
Auditorium.
A RESOLUTION rejecting all bids for construction of the
handicapped and related use at the Civic Center
(For full text of Resolution, see Resolution Book No. 51, page 87.)
Mr. Garland moved the adoption of Resolution No. 29432. The
motion was seconded by Mr. Fitzpatrick and adopted by the following
vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ................................. 6.
NAYS: None .................. O.
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
ZONING: Ordinance No. 29414, rezoning a 0.75 acre tract of land
located at the southeast intersection of Peters Creek Road and Lewiston
Street, N. W., designated as Official Tax No. 6421133, from RS-l,
Residential Single Family District, to C-1, Office District, subject to
certain proffered conditions, having previously been before the Council
for its first reading on Monday, January 9, 1989, read and adopted on
its first reading and laid over, was again before the body, Mr. Musser
offering the following for its second reading and final adoption:
634
ACTION:
ACTION:
ACTION:
(#29414) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 79.)
Mr. Musser moved the adoption of Ordinance No. 29414. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ..................... 6.
NAYS: None O.
(Council Member Bowles was absent.)
ZONING: Ordinance No. 29415, rezoning a 0.337 acre tract of land
located on the southerly side of Peters Creek Road, N. W., designated
as Official Tax No. 6421134, from RS-l, Residential Single Family
District, to C-1, Office District, subject to certain proffered con-
ditions, having previously been before the Council for its first
reading on Monday, January 9, 1989, read and adopted on its first
reading and laid over, was again before the body, Mr. Fitzpatrick
offering the following for its second reading and final adoption:
(#29415) AN ORDINANCE to amend §36,1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 80.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29415. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ........ 6.
NAYS: None ................ O.
(Council Member Bowles was absent.)
ZONING: Ordinance No. 29416, rezoning a tract of land located on
Hemlock Road, N. W., containing 6.76 acres, more or less, designated as
Official Tax No. 6040504, from RS-2, Residential Single Family
District, to RM-3, Residential Multi-Family, High Density District,
subject to certain proffered conditions, having previously been before
the Council for its first reading on Monday, January 9, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29416) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 604, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 81.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29416. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Fitzpatrick, Garland, Musser, Trout, Bowers
and Mayor Taylor ........... 6.
NAYS: None .............
(Council Member Bowles was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
635
VIRGINIA TECH-ECONOMIC DEVELOPMENT: Council Member Trout referred
to an article contained in the Friday, January 13, edition of U.S.A.
concerning the upcoming Super Bowl football game in ~
da, and an article in the current issue of Business Week Magazine
about Joe Robbie Stadium in Miami. He stated th'a't the Super Bowl is
the most publicized sports event of the year, and these articles have a
message for us and our economic development program about municipal
marketing. He said that it is important to point out that while the
U.S.A. Today writes up Miami as the city hosting the Super Bowl, the
-fact is When you read the Business Week article, you will see that the
Super Bowl is not played in Miam~ any longer, rather that the stadium
is located 18 to 20 miles from Miami, and that this is a good example
of municipal marketing. Mr. Trout stated that there is not a strong
feeling between Joe Robbie and the City of Miami, however, each is
taking advantage of the other's assets; that Miami has the infrastruc-
ture, motels, restaurants, transportation system and airport, and Joe
Robbie owns the $102 million stadium; that each has an asset and each
is capturing their position with the other. Mr. Trout said that this
is a primary example that there is a similarity or a parallel between
the cities of Miami and Roanoke, i.e., a relationship between Miami and
Joe Robbie Stadium, and Roanoke and Virginia Tech. He stressed that it
is important for the City of Roanoke to continue this effort, and a
good example of why we should take advantage of each other's assets,
making reference to our economic program and the municipal concept of
municipal marketing. Mr. Trout further stated that we need to move
closer to a stronger tie economically with Virginia Tech in the same
way that Miami has moved closer to Joe Robbie's Stadium; that we need
to develop a stronger concept of marketing the municipal approach; that
this is a good example of taking two facilities that are miles apart,
by taking the assets of each and tying them together for individual
strength; that we recently gave birth to that through our Graduate
School Program by locating it in downtown Roanoke, and that we need to
promote all the assets we possibly can.
OTHER HEARINGS OF CITIZENS: NONE.
ATTEST:
There being no further business, the Mayor declared the meeting
adjourned at 2:24 p.m.
APPROVED
Deputy City Clerk
'1
636
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
January 23, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, January 23, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
Meeti. n~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Elizabeth T. Bowles, Beverly T. Fitzpatrick,
Jr., Robert A. Garland, Howard E. Musser, James O. Trout, David A. Bowers and
Mayor Noel C. Taylor ................ 7.
ABSENT: None ........................
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mrs. Pauline
Haskins, Associate Pastor, Staunton Avenue Church of God in Christ.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to
three requests for Executive Sessions to discuss a matter of pending
litigation; a personnel matter; and a matter pertaining to a prospec-
tive business or industry where no previous announcement had been made.
ROANOKE NEIGHBORHOOD PARTNERSHIP: A con~unication from Mr.
William W. Field, Jr., tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Com~nittee, effective
January 12, 1989, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret, and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... 7.
NAYS: None .............
COUNCIL: A report of the City Attorney requesting an Executive
Session to discuss a matter of pending litigation, pursuant to Section
2.1-344 (a) (7), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of pending
litigation, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None ............ O.
ACTION:
ACTION:
ACTION:
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mr. George A. McLean, Jr., as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term of three years, ending
November 11, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Co:mcil Members Bowl es, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .............. 7.
NAYS: None ..... O.
COUNCIL: A communication from Council Member David A. Bowers
requesting an Executive Session to discuss a personnel matter, pursuant
to Section 2.1-344 (al (1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (al (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ....... 7.
NAYS: None ................. O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to a prospective business or
industry where no previous announcement had been made, pursuant to
Section 2.1-344 (al (4), Code of Virginia (1950), as amended, was
before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to a prospective business or industry where no previous announcement
had been made, pursuant to Section 2.1-344 (al (4), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Garland and adopted
by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ......... 7.
NAYS: None ................ O.
REGULAR AGENDA:
637
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT: Mr. James L. Phillips, Captain, Roanoke City
Police Department Auxiliary Unit, appeared before Council and presented
an overview of the Auxiliary Police. He stated that the organization
which was known as the Civilian Police was established in 1966, and was
under the direction of the Chief of Police and the Manager of Emergency
Services. Ne explained that in October 1970, Council authorized for-
mation of the Auxiliary Police Unit, giving it powers of arrest and
authorization to carry firearms. He noted that the organization has a
strength of 18 men with 3 presently under investigation and members
come from all walks of life. He stated that 78 per cent of the offi-
cers have some college, 17 per cent have associate degrees and 22 per
cent have completed the certified Virginia Police Academy program. He
explained that participants endeavor to adhere to current standards of
638
ACTION:
ACTION:
training lasting 18 months, with participation in various types of
training. He noted that all officers are certified with firearms and
pointed out that in 1986 the City was provided with 586 hours of
donated-time, 2,594.5 hours in 1987, 4,271.5 hours in 1988 and the 1989
goal is 6,000+ hours. He explained that officers supply their own uni-
forms and weapons and the City provides used trousers and/or leather
items for refurbishing.
Following questions and discussion by the Mayor and Members of
Council, Mr. Fitzpatrick moved that the oral statement presented by Mr.
Phillips be received and filed. The motion was seconded by Mr. Trout
and unanimously adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEGREGATION/INTERGRATION (AFFIRMATIVE ACTION): The City Manager
submitted a written report advising that the City's Affirmative Action
Plan provides for an annual briefing to Council on the status of equal
employment/affirmative action; that a revised Affirmative Action Plan
was adopted by Council on October 15, 1984; that Council was last
briefed on July 27, 1987; and short range goals, as established by the
Affirmative Action Plan, are continuing to be met and necessary revi-
sions are being studied for future implementation.
It was further advised that historical data on the City workforce
composition shows that the percentage of minority workers to the total
employment has remained consistent with last year's report; that long
range on-going goals established by the Affirmative Action Plan were
met during fiscal year 1987-88; that the fiscal year 1987-88 hiring
analysis of the City of Roanoke workforce in all equal employment
opportunities categories indicates that 26.60 per cent of new hires
were minorities and 54.6 per cent were females; that promotions totaled
93 during fiscal year 1987-88; that 20.43 percent were minorities; and
the percentage of promotion for minorities compared to fiscal year
1986-87 declined by less than one per cent.
It was explained that temporary extra help employment provides
summer help for college students and the general public to meet peak
work loads and seasonal work; and contact is continuing to be made with
career placement officers, through networking with other local govern-
ments, minority churches, ministerial groups and the general public.
The City Manager advised that Affirmative Action continues to
be an excellent tool in providing the City organization with a plan for
a balanced workforce without regard to race, color, national origin or
handicap; and through the City's training and recruitment efforts, the
Administration hopes to build a larger pool of qualified minority,
female and handicapped candidates for all levels of employment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BRIDGES-RAILROAD SIDINGS: The City Manager submitted a written
report advising that an August 23, lg51, contract for the Read Road
Bridge between Norfolk and Western Railway and the City placed equal
maintenance responsibilities on both parties; and Council awarded a
contract to Lanford Brothers to replace the Read Road Bridge on
Nove~er 28, 1988.
The City Manager further advised that Norfolk-Southern, by letter
dated November 5, 1987, agreed to pay five per cent ($33,140.05) of the
cost to replace the existing bridge; that five per cent equates to
fifty per cent of the cost needed to maintain the existing structure;
and in addition, Norfolk-Southern conditioned their participation on
termination of the lg51 contract.
ACTION:
ACTION:
639
It was stated that construction on the new bridge has been delayed
pending execution of a right-of-entry agreement which requires the
contractor and the City of Roanoke to indemnify Norfolk-Southern for
use of their right-of-way.
The City Manager recommended that he be authorized to execute the
necessary agreements, to be approved by the City Attorney, to terminate
the August 23, 1951, Maintenance Agreement and for right-of-entry on
railway right-of-way, including indemnification by the City to the
railway for project liability and to accept Norfolk-Southern's contri-
bution toward construction of the new bridge.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29433) AN ORDINANCE authorizing an agreement for right-of-entry
onto Norfolk Southern Railway property in connection with the Read Road
Bridge replacement, upon certain terms and conditions, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 87.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29433. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick,
Bowers and Mayor Taylor-
NAYS: None
(Council Member Trout abstained from voting.)
Garland, Musser,
6.
(For full text, see report on file in the City Clerk's Office.)
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29434) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 90.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor--- .7.
NAYS: None
PARKS AND PLAYGROUNDS: The City Manager submitted a written
report advising that Vtnyard Park, located in northeast Roanoke City, is
owned and is to be developed by the County of Roanoke as a public
recreation facility of the County; that the County's long-range plan
for development of the park includes soccer and baseball fields, ten-
nis, basketball and volleyball courts, parking and a new access road;
and a new access road from Berkley Road is proposed by the County to
provide adequate ingress and egress for the park.
The City Manager recommended that Council adopt the appropriate
measure, granting permission to the American Red Cross to display flags
in the Central Business District from March 1, 1989, through March 15,
1989.
SPECIAL PERMITS-RED CROSS: The City Manager submitted a written
report advising that during March, 1988, Council granted permission to
the Roanoke Valley Chapter, American Red Cross, to hang flags from
street lighting poles in the Central Business District; and by letter
dated January 10, 1989, Mr. Dan O. Oyler, Chairman of the Roanoke
Valley Chapter of the American Red Cross, again requested permission to
fly the 3' by 5' American Red Cross flags from street lighting poles in
the Central Business District.
64O
ACTION:
ACTION:
It was pointed out that the Recreational Access Fund Program of
the Commonwealth provides for 100 per cent construction cost of
approved access roads to publicly-owned recreational areas under cer-
tain terms and conditions; and the County has requested the City's
assistance in securing the Recreational Access Funds since the majority
of the park lies within the City and access would be to a City street.
It was explained that Council, at its meeting on July 25, 1988,
adopted Resolution No. 29233 requesting State Recreational Access Funds
for a new access road to Vinyard Park; that Council authorized, pur-
suant to Ordinance No. 29232, an agreement with Roanoke County to pro-
vide for construction; that the City must execute the City-State
Agreement which provides that construction of the project shall be con-
tingent upon Phase I of the park's development by the County either by
being completed and in operation, or by adequate assurance provided
that such will occur at the approximate time of the completion of the
access facility; and in the event such development is not assured by
the County prior to June 16, 1990, the agreement shall become null and
void.
The City Manager recommended that he be authorized to execute the
City-State Agreement on behalf of the City in a form acceptable to the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency Ordinance:
(#29435) AN ORDINANCE authorizing an agreement with the Virginia
Department of Transportation to provide recreational access funds for
construction of an access road to Vinyard Park, upon certain terms and
conditions; authorizing the appropriate City officials to execute the
requisite contract; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 88.)
Mrs. Bowles moved the adoption of Ordinance No. 29435. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor-- 7.
NAYS: None O.
CITY CLERK:
SCHOOLS: The City Clerk presented a written report advising of
the expiration of the three year terms of Messrs. Edwin R. Feinour and
Donald Bartol as School Board Trustees on June 30, 1989, and further
advising that applications for the upcoming vacancies would be received
in the City Clerk's Office until 5:00 p.m., on Friday, March 10, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
m
ACTION:
ACTION:
ACTION:
641
SCHOOLS: Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., appeared
before Council and called attention to a.lack of education for children
in the City of Roanoke in the area of h~story and geography, and asked
that the School Board cause more emphasis to be placed on those areas
of education in the Roanoke City public schools.
COUNCIL-FLOOD CONTROL: Because of legal advertising requirements,
the Mayor advised that it was necessary to hold the public hearing on
the Roanoke River Flood Reduction Project on Monday, February 6, 1989,
and proposed that the February 6, 1989 meeting of Council be held at
7:30 p.m., instead of the regular meeting hour of 2:00 p.m.; whereupon,
Mr. Trout offered the following Resolution:
(~29436) A RESOLUTION changing the time of the February 6, 1989,
regular meeting of City Council from 2:00 p.m., to 7:30 p.m.
(For full text of Resolution, see Resolution Book No. 51, page 88.)
Mr. Trout moved the adoption of Resolution No. 29436. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor ............. 7.
NAYS: None O.
At 2:50 p.m., the Mayor declared the meeting in recess.
At 5:20 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
COURT COMMUNITY CORRECTIONS PROGRAM POLICY BOARD: The Mayor
advised that the one year term of Mr. Gordon H. Shapiro as a member of
the Court Community Corrections Program Policy Board, expired on
December 31, 1988, and called for nominations to fill the vacancy.
Mr. Bowers placed in nomination the name of Gordon H. Shapiro.
There being no further nominations, Mr. Shapiro was reappointed as
a member of the Court Con~nuni~v Corrections Program Policy Board for a
term of one year, ending December 31, 1989, by the following vote:
FOR MR. SHAPIRO: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout, Bowers and Mayor Taylor ............. 7.
ANNEXATION/CONSOLIDATION-COUNCIL: Council Member Bowers asked for
the floor in order to make a brief statement about his involvement in
the consolidation talks and stated that he would not answer any
questions following the conclusion of his remarks. He explained that
he had requested that his name not be considered by Council as a member
of the City's team to the consolidation talks, noting that a recent
controversy which was reported by the Roanoke Times & World-News had
impaired his ability to act in the best interest of the City of Roanoke
and in the best interest of consolidation. He added that he bad,de
mistakes but he wanted the community to know that he had acted with
only the best of intentions.
Mr. Trout offered the following Resolution appointing the
Honorable Noel C. Taylor and the Honorable Beverly T. Fitzpatrick, Jr.,
as the City's representatives to governmental reorganization
discussions to be conducted, pursuant to §15.1-1132, Code of Virgigia
(1950), as amended:
(#29437) A RESOLUTION appointing the City's representatives to
overnmental reorganization discussions to be conducted pursuant to
15.1-1132, Code of Virginia (1950), as amended.
(For full text of Resolution, see Resolution Book No. 51, page 89.)
Mr. Trout moved the adoption of Resolution No. 29437. The motion
was seconded by Mr. Garland and adopted by the following vote:
642
AYES: Council Members Bowles, Fitzpatrick, Garland, Musser,
Trout, Bowers and Mayor Taylor .......... 7.
NAYS: None .......... -0.
There being no further business, the Mayor declared the meeting
adjourned at 5:25 p.m.
ATTEST:
City Clerk
APPROVED
643
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 6, 1989
7:30 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 6, 1989, at 7:30 p.m., pursuant to
Ordinance No. 29436, adopted by the Council on Monday, January 23, 1989, with
Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular ~, of
Section 2-15, Rules of Procedure, Code of the City 6f Roanoke (1979), as
amended.
PRESENT: Council Members Robert A. Garland, Elizabeth T. Bowles,
Beverly T. Fitzpatrick, Jr., Howard E. Musser, James O. Trout and Mayor Noel C.
Taylor ..... 6.
ABSENT: Council Member David A. Bowers
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend James P. Beatty,
Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia.
The Pledge of Allegiance to the Flag of the United States of America
was led bY Mayor Taylor.
The Mayor presented the City Manager with a plaque from the
Roanoke Valley Chapter, American Red Cross, comending City employees
on their participation in "Donorama 1988", which was conducted through
the Red Cross Blood S~rvices Program.
PUBLIC HEARINGS:
BONDS-FLOOD CONTROL: Pursuant to Ordinance No. 29436, adopted by
the Council on Monday, January 23, 1989, Council having authorized the
City Clerk to advertise a public hearing for Monday, February 6, 1989,
at 7:30 p.m., or as soon thereafter as the matter may be heard, on the
adoption of an ordinance authorizing the issuaEce of $7,500,000.00
principal amount of general obligation bonds of the City of Roanoke for
the purpose of providing funds to defray the cost of the Roanoke River
Flood Reduction Project, a needed permanent public improvement
including channel widening, construction of protective dikes or berms
in critical areas, flood proofing of certain buildings at the Sewage
Treatment Plant, replacement of low water bridges, construction of a
recreational trail and acquisition and construction of a flood warning
system; and an ordinance directing and providing for the holding of an
election to determine whether the qualified voters will approve the
issuance of general obligation bonds of the City in the abovestated
principal amount and for the abovestated purposes, the matter was
before the body.
Legal advertisen~tlt of the public hearing was published on Sunday,
January 22, 1989, and Sunday, January 29, 1989, in the Roanoke Times &
World-News.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager presented an overview of the Roanoke River Flood
Reduction Project in an effort to bring Council up to date on certain
recent developments. He explained that the project is designed along
the ten miles of the Roanoke River that runs through the City of
Roanoke; that total cost remains at $34.3 million, with the City's
share estimated at $14.3 million. He added that the City's share is
significantly reduced by donations of land along the river, funds from
the state and federal governments and past allocations, adding that the
remaining unfunded amount is $7.5 million which he has reconm~nded to
be obtained through the selling of $7.5 million in bonds. He advised
644
that, if approved by Council, the issue would be taken to the voters at
a bond referendum to be held on Tuesday, April 11, 1989, adding that
the key point to the project is that it will reduce flooding along the
Roanoke River and save many thousands of dollars in damages. He
pointed out that on the average, the project would put six of the
City's fifteen record floods back within the banks of the river, eight
additional record floods would be reduced to a level where only minor
damage would occur, and even in a one hundred year flood, such as the
flood of 1985, damages would be reduced by approximately forty per
cent. He added that the facts have clearly indicated that the project
would have a substantial impact on flooding along the Roanoke River.
Mr. Herbert stated that a key ingredient is related to protecting
the environment as well as providing an aesthetically pleasing project.
He further stated that thanks to significant input from citizens in the
community, City staff and others, the best possible balance has been
attained between flood reduction and environmental appearance. He
advised that tile City has committed to saving wildlife as well as trees
and using alternatives to riff raff and concrete, and if the project
goes to referendum and is approved by the voters, the City will con-
tinue its commitment to enhance the appearance of the project as well
as to protect the environment.
The City Manager explained that another major issue focuses on
the quality of life in the City of Roanoke; that the Roanoke River
Flood Reduction Project will not only help reduce flooding, but pro-
vide a way to enhance recreational opportunities, advising that many
progressive cities have realized the value of a major water way running
through their con~nunity and have built river parkways in an effort to
utilize the area to the community's greatest benefit. He stated that
it is believed that the Roanoke River is an asset to the con~nunity and
as a part of the project, he has recommended a five mile jogging,
biking and walking trail that will link many City parks in an attrac-
tive and beneficial way. In addition, Mr. Herbert advised that long
range planning for the Roanoke River is presently under study and it is
hoped that the City will be in a position to enlarge upon the jogging
and walking trail in the future, with a key focus on enhancing the
quality of life in the City of Roanoke.
Finally, with regard to the economic benefits of the Roanoke River
Flood Reduction Project, the City Manager advised that there are one
billion dollars of investments and five thousand jobs located in the
flood plain along the Roanoke River, and the citizens of Roanoke must
understand that the City receives a significant portion of its tax
revenue from these businesses, and if tax revenue is lost and not
replaced, the City would either have to reduce services or increase
taxes to make up the difference. He added that the approach is to move
ahead with the project at the present time, advising that during the
past several weeks, pursuant to instructions by Council, he had the
opportunity to speak to citizens, forums, neighborhood groups and civic
groups, etc., and overall strong support was voiced for the project and
a real desire was expressed by the citizens to know and understand the
cost and benefits of the project. He pointed out that the City
Planning Commission has gone on record in support of the plan and once
the citizens know and understand the project, they, too, in general,
will be in support.
The Mayor inquired if there were persons present who would like to
address Council on the Roanoke River Flood Reduction Project.
Inasmuch as there were a number of persons present who wished to
address Council on the subject, Mr. Garland moved that each speaker be
requested to limit his or her remarks to five minutes. The motion was
seconded by Mr. Trout and adopted.
Mr. Richard M. Lynn, President-Elect, Roanoke Regional Chamber of
Con~nerce, appeared before Council and presented a Resolution adopted by
the Board of Directors at a meeting which was held on February 2, 1989,
in support of the proposed Roanoke River Flood Reduction Project,
encouraging area businesses and citizens to support a bond issue to be
voted on in April, 1989 that will help to finance the project.
Further, on behalf of the Board of Directors, he encouraged City offi-
cials to monitor and work closely with the United States Corps of
Engineers in the development of final plans that will be sensitive to
the various environmental and ecological impacts of the project.
645
ACTION: Mr. Trout moved that the Resolution be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
Ms. Sandra M. Andrews, President, Star City Striders Running Club,
appeared before Council and advised that as a group, the members of the
organization have not taken a stand on the flood reduction plan itself,
however, they are of the opinion that the recreational component pre-
sents a unique opportunity for the Roanoke Valley. She explained that
there are hundreds of members of the Star City Running Club and there
are many more persons who run regularly in the Roanoke Valley, many of
whom are concerned with flood reduction but may not benefit directly
from the flood reduction plan, however, it is the recreational com-
ponent of the plan that has caught their attention and will cause them
to go to the polls if in fact, there is a referendum. She advised that
the jogging and biking pathway will answer a need for safe running and
will benefit a large group of Roanoke citizens. She added that it is
regretted that the length of the pathway had to be reduced from ten
miles to less than five miles but the members of the Star City Striders
were happy with the basic idea that the pathway will be twelve feet
wide, asphalted, with no concrete. She stated that the idea of being
able to run along the river, comfortably, is very appealing to many
people in the Roanoke Valley, noting that a protective trail will be
appealing to people relocating to the Roanoke Valley. In closing, she
pointed out that the most important point she would like to make is
that it is hoped that this particular part of the plan will not be con-
sidered as an extra and disregarded later if budget limitations arise.
She added that it is an important part of the plan and the Star City
Striders Running Club wishes to be assured that the pathway will remain
an important part of the plan in the future. Ms. Andrews spoke in
support of a lighted facility for personal safety as well as liability
for the City.
Mr. William Tanger, representing Friends of the Roanoke River,
appeared before Council and advised that members of his organization
are in favor of reducing the level of the floods and thereby pre-
venting considerable damage; however, the issue is the type of flood
reduction plan. He called attention to the fact that the Corps of
Engineers has stated that there will be a negative environmental impact
and the Corps is endeavoring to mitigate the damage, and commented that
the shape of the project, at this point, is still somewhat undecided.
He pointed out that details of the flood reduction project will not be
known until after the referendum, and it would be premature to put the
matter to referendum when the plan has not been finalized, and voters
would be voting on a plan that had not been clearly defined. Uith
regard to the method of funding, Mr. Tanger suggested that the utility
tax cap, which is placed on businesses at approximately $2,000.00 per
month, be removed in order that businesses will pay their fair share of
the utility tax.
Mr. Artte B. Levin, representing the Blue Ridge Bicycle Club,
appeared before Council and advised that the statement made by the
representative of the Star City Striders Running Club was endorsed by
the Blue Ridge Bicycle Club. He stated that members of his organiza-
tion are pleased that a recreational trail was included in the plan.
He added that it is understood that certain factors have made it
necessary to red;Jce the ten miles of the ~ecreational trail down to 4.6
miles; however, on behalf of the Blue Ridge Bicycle Club, he went on
record to the effect that when time allows and certain factors are
clarified, the addition of a ten mile trail should be provided. Mr.
Levin advised that members of the Blue Ridge Bicycle Club would welcome
the opportunity to work with the City in an effort to extend a marked
bikeway to the City limits on the existing road.
Mr. Edgar V. Wheeler, 2507 Laburnum Avenue, S. W., representing
Wheelers Fast Service Laundry and Dry Cleaners, located next to the
Roanoke River at 687 Brandon Avenue, S. W., appeared before Council and
advised that he was a member of the City's Flood Plain Committee, and
he had been requested by the Committee Chairman to act as spokesman for
the Committee. He stated that the Flood Plain Committee worked many
years to find a flood reduction project that both the City and the
Corps of Engineers would approve and support, advising that the Commit-
tee has gone on record on numerous occasions in support of the project
through various letters of intent which were required by the Corps of
Engineers. He expressed the opinion that the project, as presented by
the City Manager, is the best project for everyone concerned; that
more flood reduction could have been provided, however, any appreciable
646
increase to the proposed flood reduction would have had an adverse
impact on the environment. He added that past floods have been
devastating, both financially and psychologically, and have had a bad
effect on businesses and citizens living and working along the Roanoke
River. He urged that Council go on record in support of the project
and further urged that the citizens of Roanoke support the referendum
on Tuesday, April 11, 1989.
The Honorable Jim Olin, Congressman, appeared before Council and
commended the City Manager and his staff for the way in which they have
responded to the needs, wishes and desires of the citizens of the City
of Roanoke and the manner with which they have con~nunicated the
features of the Roanoke River Flood Reduction Project.
Congressmen 01in advised that for the project to move ahead, it
must be approved by the voters of the City of Roanoke and construction
funding will be needed in fiscal year 1990, which con~nences on
October 1. He added that he hoped to be in a position to advise
Congress that the City of Roanoke overwhelmingly approved the project
and is willing to do its share financially. He explained that there is
considerable competition for these types of funds; that the Corps of
Engineers, nationwide, at the beginning of the President's budget
cycle, submitted a list of projects that were intended to be ready to
commence new construction; however, the Roanoke project was not among
those which were reconmmnded because the Corps of Engineers, in its
original calculations, did not think the Roanoke project came up to the
right benefit cost ratio; that later, the Corps of Engineers discovered
that it had made an error and should have recommended the Roanoke pro-
ject and proceeded to correct the error. He explained that the Office
of Management and Budget has reduced the number of new construction
starts for this year from 39 to 11, and the President's budget included
11 new water projects to be started in fiscal year 1990; however, the
Roanoke project was not among those to be included. He explained that
he had obtained information from the Corps of Engineers that there will
be sufficient funding capacity to handle the Roanoke project, however,
funding authority from the Congress is required. He stated that it was
extremely critical to get the Roanoke project started in fiscal year
1990, otherwise, there could be a two year delay in securing Federal
funds. Congressman Olin pointed out that the design of the project is
essentially complete, and the Corps of Engineers will complete its work
in a few months. He advised that the City's representatives to the
Congress are prepared to do everything they can to insure that
construction funding is provided on a timely basis, and a strong vote
of confidence by the City of Roanoke will move the project ahead.
The Mayor inquired if there were other persons present who would
like to address Council regarding the matter, at which time no person
indicated a desire to speak.
The City Attorney submitted a written report tranmitting two
Ordinances relating to the general obligation bond issue necessary to
finance the Roanoke River Flood Reduction Project recon~nended by the
City Manager in a report under date of January 17, 1989.
Mr. Dibling pointed out that the first ordinance authorized the
issuance of $7,500,000.00 principal amount of general obligation bonds
of the City of Roanoke for the purpose of providing funds, together
with other available funds, to defray the cost to the City of the
Roanoke River Flood Reduction Project, a much needed permanent public
improvement; that the Ordinance pledged the full faith and credit of
the City to the payment of the principal and interest on the bonds;
that the ordinance also provided that, if upon completion of any of the
needed capital improvements, there remained an unexpended balance of
the amount of bond proceeds allocated therefor, such balance may be
used for any one or more other needed capital improvements in the
discretion of the Council.
Mr. Dibling further pointed out that the second ordinance directed
and provided for the holding of an election on April 11, 1989, to
determine whether the voters of the City would approve Council's adop-
tion of the first ordinance; that page 3 of the ordinance sets forth
the specific question to be asked of the electorate; and the ordinance
further provided for the details of the election process.
m
ACTZON:
ACTION:
647
It was explained that if Council approved the two ordinances, he
would request that the Circuit Court of the City of Roanoke enter an
order directing the City Electoral Board and the State Board of
Elections to hold the bond election requested by Council; that he had
scheduled an appointment with Judge Jack B. Coulter for 9:00 a.m., on
February 7, 1989, to request entry of the required order; and assuming
Council's adoption of the two Ordinances and the Court's entry of the
required order, he would send these items to the State Board of
Elections by Federal Express on the same day, in order to permit the
Board to receive the required order 60 days in advance of the election,
pursuant to Section 24.1-165, Code of Virginia (1950), as amended.
The City Attorney pointed out that if the electorate approved the
bond issue, it would be necessary that he bring to Council a detailed
Resolution providing for the form of the bonds and coupons, sale, exe-
cution, advertisement, and delivery of the bonds; that subsequent to
adoption of this detailed Resolution, an official statement would be
prepared by the Director of Finance with the assistance of the City's
financial advisers and bond counsel; that this statement would contain
a certification of the facts and estimates relating to the use of the
bond proceeds, including, among other things, certification of the pro-
ject for which the bonds were issued, the estimated completion date of
the project, the cost of the project and the funds available to pay
such costs and the times at which funds would be required for expen-
diture.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29438) AN ORDINANCE authorizing the issuance of Seven Million
Five Hundred Thousand Dollars ($7,500,000.00) principal amount of
general obligation bonds of the City of Roanoke, Virginia, for the pur-
pose of providing funds to defray the cost to the City of Roanoke of
the Roanoke River Flood Reduction Project, a needed permanent public
improvement including channel widening, construction of protective
dikes or berms in critical areas, flood proofing of certain buildings
at the Sewage Treatment Plant, replacement of low water bridges,
construction of a recreational trail and acquisition and construction
of a flood warning system, and acquisition of real property for the
foregoing; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 91.)
Mr. Trout moved the adoption of Ordinance No. 29348. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................................. 6.
NAYS: None ............... O.
(Council Member Bowers was absent.)
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29439) AN ORDINANCE directing and providing for the holding of
an election in the City of Roanoke, Virginia, to determine whether the
qualified voters of the City of Roanoke, Virginia will approve
Ordinance No. 29438, duly adopted by the Council of the City of Roanoke
on February 6, 1989, providing for the issue of certain general'obliga-
tion bonds of the City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 92.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29439. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ............................ 6.
NAYS: None O.
(Council Member Bowers was absent.)
648
ACTION:
ACTION:
ACTION:
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council, and a matter pertaining to other legal matters
within the jurisdiction of the public body, being the terms and con-
ditions of a contract under negotiation.
MINUTES: Minutes of the regular meetings of Council held on
Monday, October 10, 1988; Monday, October 17, 1988; Monday, October 24,
1988, and Monday, November 7, 1988, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........ -6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
COUNCIL: A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as a~nded, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Garland
and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and M~vor Taylor ........ 6.
NAYS: None ......... O.
(Council Member Bowers was absent.)
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter pertaining to other legal matters within
the jurisdiction of the public body, being the terms and conditions of
a contract under negotiation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter pertaining
to other legal matters within the jurisdiction of the public body,
being the terms and conditions of a contract under negotiation, pur-
suant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........ 6.
NAYS: None ........ O.
(Council Member Bowers was absent.)
ACTION:
ACTION:
ACTION:
649
YOUTH: A communication from Mr. David J. Prestipino tendering his
resignation as a member of the Youth Services Citizen Board, effective
January 19, 1989, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the resignation be accepted with regret, and
that the communication be received and filed. The motion was seconded
by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ....................... 6.
NAYS: None O.
(Council Member Bowers was absent.)
COMPLAINTS-TRAFFIC: A communication from Mr. Lawrence M.
Taylor, President, Shenandoah Elevator Company, in connection with a
n~tter concerning the parking of service vehicles in the Downtown
Business District, which matter was initially before the Council on
Monday, July 11, 1988, and, on Monday, November 14, 1988, it was
decided by Council that the existing policy of checking in with the
Police Department would continue, was before the body.
Mr. Lawrence advised that he was skeptical that the policy would
work, hence, his interest in a permit type policy; however, he pointed
out that he was very pleased to report that things now appear to be
working very well; that since the matter )lad been brought into the
open and discussed in a public forum, he had noticed a change in the
attitude of service vehicle drivers and the Police Department; and
discussions between the service industry and the Police Department made
each party aware of the concern of others and helped each to under-
stand their respective positions.
Mr. Lawrence noted that before the issue was discussed, there was
a feeling that service vehicles were targeted for tickets, but now
there was a spirit of cooperation shown by the Police Department which
has eliminated that feeling; therefore, he said as far as he was con-
cerned, the issue of parking permits was now closed inasmuch as there
were sufficient mechanisms in place to resolve any situation that may
arise.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Trout moved that the conmmnications be received and filed.
The motion was seconded by Mr. Garland and adopted by the following
vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor .................................... 6.
NAYS: None .......................................
(Council Member Bowers was absent.)
PENDING LIST: A list of items pending from July 10, 1978, through
January 23, 1989, was before Council.
(See pending list on file in the City Clerk's Office.)
Mr. Trout moved that the pending list be received and filed. The
,l~tion was seconded by Mr. Garland and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ............ 6.
NAYS: None ............ O.
(Council Member Bowers was absent.)
650
ACTION:
ACTION:
ACTION:
PLANNING: A report of qualification of Mr. John P. Bradshaw, Jr.,
as a member of the City Planning Commission for a term of four years,
ending December 31, 1992, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................. 6.
NAYS: None O.
(Council Member Bowers was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP: A report of qualification of
Mr. Jan P. Wilkins as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term of three years, ending Noven~er 9, 1991,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................................. 6.
NAYS: None ................................
(Council Member Bowers was absent.)
YOUTH: A report of qualification of Mr. Thomas H. Miller as a
member of the Youth Services Citizen Board to fill the unexpired term
of Mr. Robert J. Ingram, Jr., ending May 31, 1990, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mr. Garland and adopted by tile
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................ 6.
NAYS: None ................ O.
(Council Member Bowers was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-TAXES-FLOOD CONTROL: Mr. Douglas B. Woody, 4854 Autumn
Lane, N. W., appeared before Council and called attention to the fact
that houses which were damaged in the November 1985 flood were moved
from Shadeland Avenue, N. W., to the Ridgewood Subdivision, and on
behalf of residents of Ridgewood, he would like to register a formal
complaint with Council. He said the houses were moved to the area
without any prior notification to the residents and requested the
assistance of Council in having the houses removed from the Ridgewood
Subdivision.
Mr. Fred L. Noell, 4915 Pomeroy Road, N. W., appeared before
Council and advised that last year, the City increased the assessment
on his house which, in turn, increased his mortgage payments, and again
this year his property assessment was increased. He stated that
without notification to the neighborhood, two of the Shadeland Avenue
houses, which were under water during the flood of November 1985, were
relocated to his neighborhood. He added that the houses in the
Ridgewood Subdivision are constructed of brick and the Shadeland Avenue
houses are frame structures and do not fit in with other houses in the
area.
651
Mr. Ralph E. Dawson, 4932 Desi Road, N. W., appeared before
Council and advised that the Shadeland Avenue houses were under water
during the November 1985 flood and are now in poor condition, tte
stated that it was unfair to the residents in the Rtdgewood Subdivision
that the houses were brought in without prior notification.
Mr. Raymond T. Ferguson, 394 Koogler Drive, N. W., appeared before
Council and advised of increases in his property assessment since he
purchased his house in 1963. He stated that there are nice brick homes
in the neighborhood, no vacant lots, good street lighting, and police
protection and unless something is done to relocate the two Shadeland
Avenue houses, the Ridgewood Subdivision will be down graded.
Mr. Dan Mosse, Route 6, Box 333, Bedford, Virginia, developer of
the Shadeland Avenue houses, appeared before Council and advised that
during a construction period, no construction project looks good, which
is the status of the project in the Ridgewood Subdivision. He stated
that the houses have been on site for approximately three weeks, and
asked that the residents wait until the end of February in order to
see, physically, the end results. He explained that when completed,
the houses will average between 1,000 and 2,000 square feet, and will
consist of three bedrooms, two baths and a full basement; and renova-
tions will be accomplished pursuant to current Building Code require-
ments. He stated that the houses are structurally sound, and the
projected selling price will be in the high $50,000.00 to low
$60,000.00. He added that from the beginning, his intent was to abide
by Building Code requirements, to make the houses as attractive as
possible and to realize a maximum profit. To this point, Mr. Mosse
explained that his concern has been that a great deal of adverse publi-
city may hinder the sale of the houses, and if that problem is encoun-
tered, he would have no choice but to rent the houses.
Following discussion of the matter and con~nents by the Members of
Council, the City Manager advised that he would like to have an oppor-
tunity to look into some of the questions which were given to him by
Mr. Woody; and he would be pleased to meet with the developer, and
representatives of the Ridgewood Subdivision along with representatives
of the Building Department and the City Attorney's Office.
Mrs. Bowles moved that the matter be referred to the City Manager
with the request that he meet with the developer and representatives of
the conm~nity in an effort to resolve the situation in a satisfactory
manner. The motion was seconded by Mr. Trout and adopted.
At 8:55 p.m., the Mayor declared the meeting in recess.
At 9:15 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School
Board requesting that Council appropriate funds to the following
accounts, was before the body.
Grant No. 6561 - $75,000.00 for Special Education
Tuition to provide for the place-
ment of special education students
at the direction of the State
Department of Education. The
program will be reimbursed one
hundred per cent by state funds.
Grant No. 6948 - $35,825.00 for the School
Volunteer Program to provide funds
for a portion of the salary of the
volunteer coordinator and for
supplies and materials to operate
the volunteer program. The
program will be reimbursed one
hundred per cent by federal funds.
652
The Board further requested appropriation of $27,733.00 from the
1989 Capital Maintenance and Equipment Replacement Fund, advising that
the monies will be used for the purchase of audio-visual equipment and
library furniture for the media center at Highland Park Elementary
School.
(For full text, see communication on file in the City Clerk's Office.)
A report of the Director of Finance advising that he had reviewed
the request for appropriation of CMERP funds and grant funds for the
School Board; that the School Board received an allocation of CMERP
funding from fiscal year 1988, in the amount of $1,540,000.00, and
after the present request of $27,733.00, the School Board will have a
remaining available balance of $937,866.00 in CMERP funding; that the
Special Education Tuition Grant and School Volunteer Program are funded
with 100 per cent federal and state funds, with no local match
required; and reconmmnding that Council concur in the request of the
School Board, was also before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(~29440) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Grant Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 94.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29440. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ...................... 6.
NAYS: None O.
(Council Member Bowers was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
RECYCLING/REFUSE COLLECTION: The City Manager submitted a
briefing paper with regard to recycling.
Mr. William F. Clark, Oirector of Public Works, presented the
briefing, advising that solid waste disposal is an issue which has
received increasing public attention in the past year; that the
regional landfill serving Roanoke City and Roanoke County and the Town
of Vinton has a remaining life of only three to five years; that siting
a new landfill is a difficult task; and recycling has been reconmmnded
as a means of extending the life of the present landfill and reducing
the size of any future solid waste disposal facilities.
It was explained that a Task Force of City staff was appointed by
the City Manager to develop a plan for increased recycling of municipal
solid wastes; that it is anticipated that this group will report within
the next six months with both short-term and long-range recon~nen-
dations; that separation of office waste paper has already been imple-
mented as a means of recycling a significant quantity of waste
materials in the Municipal Building Complex; and during December, 1988
more than two tons of waste paper from the Municipal Building, Court-
house, and Jail was recycled.
It was further explained that a privately operated recycling
center has been in operation on Broadway Avenue, S. W., just off
Franklin Road, which has provided citizens with an opportunity to
voluntarily drop off recyclable materials; and newspapers, glass, alu-
minum, and other recyclable materials have reduced the volume of wastes
being buried at the regional landfill and have provided a source of
funds for Valley beautification.
653
Mr. Clark pointed out that a publicly operated dropoff station for
certain recyclable materials could be established at the Public Works
Service Center to increase the accessibility of such a facility to City
residents; that the location would be convenient to the large number
of persons living in the Williamson )load area; that the station would
be on public property where daily attention could be given to the
appearance of the location so as not to create a nuisance for the
surrounding neighbors; and assuming this experiment is a success, it
may be duplicated elsewhere in the City, and if there are problems with
the containers, they could be removed.
The Director of Public Works advised of the establishment of a
dropoff station for voluntary recycling of newspaper, glass, and cans
on the north end of the employee parking lot at the Public Works
Service Center on Courtland Avenue, N. E., pointing out that neigh-
borhood impact should be positive with proper precautions; that solid
waste reduction will be a positive benefit to the regional landfill and
any future solid waste disposal facilities which are established; and
the cost will be relatively nominal and include container rental and
pick-up charges.
The City Manager advised that no Council action was required at
this time; and he would periodically provide information as to the
progress of the effort to promote the voluntary recycling of newspaper,
glass, and cans at the Public Works Service Center drop-off station.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that the report be received and filed. The motion
was seconded by Mr. Fitzpatrick and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIRE DEPARTMENT: The City Manager submitted a written
report advising that the Fire Prngram Fund was enacted by the General
Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1,
Code of Virginia, (1950), as amended, which legislation will expire on
July 1, 199D; that funds to support this program are derived from an .8
per cent surcharge on all fire insurance premiums collected throughout
the Con~nonwealth of Virginia; that the Fire Program statute provides
that funds received are to be non-supplanting and must be used in
accordance with the provisions established by the Department of Fire
Programs; and funds provided by this program will in no way affect the
current budget and will provide items in the following categories:
Fire service training
Regional fire service training facilities
Firefighting equipment
Personal protective clothing
It was explained that the City Treasurer has received a check, in
the amount of $95,036.37, from the Department of Fire Programs; and
action by Council is needed to accept the funds and authorize the
Director of Finance to establish Grant Fund accounts from which the
Fire Department may disperse the funds to purchase equipment, in accor-
dance with provisions of the program, as follows:
Expendable Equipment - $ 82,536.37 - to purchase
improved protective clothing, hand tools, nozzles,
upgrade self contained breathing apparatus and
other fire suppression equipment.
Training and Development - $12,500.00 - to purchase
training films, books and manuals to be used in the
department's training program.
654
The City Manage)' recommended that Council accept funds from the
Department of Fire Programs, and appropriate $95,036.37 to Grant Fund
revenue and expenditures accounts to be established by the Director of
Finance whereby the funds may be appropriated and expended in accor-
dance with provisions established by the Department of Fire Programs to
purchase training aids, fire suppression equipment and improve protec-
tive clothing.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29441) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 95.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 29441. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor- 6.
NAYS: None-- O.
(Council Member Bowers was absent.)
BUDGET-PARKS AND PLAYGROUNDS: The City Manager submitted a writ-
ten report advising that Council, on November 28, 1988, authorized the
City Manager to file a Virginia Outdoors Fund Grant request with the
Division of Planning and Recreational Services, Commonwealth of
Virginia, for up to $300,000.00 in funding assistance for certain park
improvement projects at five City parks; that Council also expressed
the intent to appropriate up to $300,000.00 in required local match for
implementation of the subject park improvement projects; that the
Capital Maintenance and Equipment Replacement Program (1988-89)
approved by Council contains $120,000.00 for improvements to Washington
Park; and the City of Roanoke, on January 9, 1989, was informed that
$200,000.00 in the Virginia Outdoors Fund Grant had been approved for
certain park improvement projects at three City parks, as follows:
Wasena Park
$200,000.00
Relocate four lighted tennis courts
and one lighted basketball court;
replace children's play area
Washington Park
New lights for football/soccer field;
rehabilitate four existing tennis
courts
120,000.00
Eureka Park
80,000.00
Two new tennis courts; lighting for
four tennis courts
Total
$400,000.00
Funding:
City of Roanoke (50 per cent)
Virginia Outdoors Fund (50 per cent)
$200,000.00
200~000.00
Total $400,000.00
655
It was explained that implementation of the following projects,
not approved for grant funding at this time, would have to be con-
sidered in the future, subject to the availability of $I00,000.00 in
additional funds, as follows:
Smith Park - Replace children's play areas
($60,000.00)
Washington Park - Replace tennis court lighting
($40,000.00)
The City Manager recommended the following:
Accept the offer made by the Division of Planning
and Recreational Services, Commonwealth of
Virginia, to provide $200,000.0D in Virginia
Outdoors Fund Grant for fifty per cent of the total
cost of certain improvement projects at Wasena,
Washington and Eureka Parks.
Authorize the City Manager to file and execute
required documents relative to the acceptance of
the subject grant offer and the implementation of
the total project.
Appropriate $400,000.00 to an account to be
established in the Capital Projects Fund by the
Otrector of Finance for improvements to Wasena,
Washington and Eureka Parks. Also, establish a
receivable account, as follows:
Virginia Outdoors Fund Grant
$200,000.00
1988 Park Bond Funds
80,000.00
ACTION:
Capital Maintenance and Equipment
Replacement Program (1988-89) 120,000.00
Total Appropriations $400,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget Ordinance:
(#29442) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Capital Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 96.)
Mr. Trout moved the adoption of Ordinance No. 29442. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor- 6.
NAYS: None O.
(Council Member Bowers was absent.)
m
ACTION:
Mr. Trout offered the following Resolution:
(#29443) A RESOLUTION authorizing the acceptance of a Virginia
Outdoors Fund grant for park improvement projects and authorizing exe-
cution of required grant documents on behalf of the City.
(For full text of Resolution, see Resol,ltion Book No. 51, page 97.)
Mr. Trout moved the adoption of Resolution No. 29443. The motion
was seconded by Mr. Garland and adopted by the following vote:
656
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor .............. .6.
NAYS: None .......
(Council Member Bowers was absent.)
EMERGENCY SERVICES ICOMPUTER AIDED DISPATCH SYSTEM): The City
Manager submitted a written report in connection with a Software
Maintenance Contract for the Computer-Aided Dispatch System, advising
that the Enhanced 9-1-1 emergency telephone system was activated on
October 5, 1987; that public acceptance is demonstrated by high usage
of emergency calls being received on the new 9-1-1 system; and on
June 27, 1988, Council authorized him to negotiate a contract for
software maintenance and modification services to support the CAD
system, and further authorized the Director of Finance to establish a
new account entitled, "CAD/9-1-1 Software Development", allocating
$55,000.00 for this purpose.
It was pointed out that final acceptance and testing is currently
scheduled for April, 1989, which will bring the system to full use;
that on-§oin§ software maintenance, subsequent to final acceptance,
must be provided for this critical public safety system in order to
protect the City's investment and to insure the safety of Roanoke resi-
dents, and City staff will then have time to examine other options for
providing maintenance in future years; and NCR Corporation is the sole
source vendor for this contract at the present time, and other com-
panies may provide this newly developed CAD software in the future at a
competitive cost.
ACTION:
The City Manager recommended that he be authorized to contract
with NCR Corporation to provide for software maintenance and modifica-
tion services, in a form acceptable to the City Attorney in an amount
not to exceed $55,000.00. '
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency Ordinance:
(#29444) AN ORDINANCE authorizing the City Manager to contract
with NCR Corporation to provide software maintenance and modification
services to the City in connection with the City's public safety
Computer Aided Dispatch System (CAD); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 97.1
Mr. Trout moved the adoption of Ordinance No. 29444. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ......... 6.
NAYS: None .......
(Council Member Bowers was absent.)
Ge
EQUIPMENT-SHERIFF: The City Manager submitted a written report
concurring in a report of a bid committee with regard to the leasing of
vehicles for the Sheriff's Department.
The bid committee reconm~nded that Council accept the lowest bids
to lease vehicles for the Sheriff's Department for a period of 48
months, as follows:
One new full-size, four door sedan from Magic City
Motor Corporation for the cost of $407.48 per month.
Two new eight passenger window vans from Dominion
Car Company for the cost of $415.70 per month, per
unit..
(For full text, see reports on file in the City Clerk's Office.)
657
Mr. Fitzpatrick offered the following emergency Ordinance:
(#29445) AN ORDINANCE providing for lease of three motor vehicles
for use by the Sheriff's Department, upon certain terms and conditions,
by accepting bids made to the City for the lease of such vehicles; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 98.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29445. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ................ 6.
NAYS: None ...............
(Council Member Bowers was absent.)
DIRECTOR OF FINANCE:
FINANCIAL REPORT: The Director of Finance presented copy of the
financial report for the City of Roanoke for the month of December,
1988.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mrs. Bowles and adopted.
CITY CLERK:
ij
SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, of the Code of the City of Roanoke, (1979), as
amended, establishing a procedure for the election of School Board
Trustees, she would like to advise Council that the three year terms of
Messrs. Edwin R. Feinour and Donald Bartol will expire on June 30,
1989, was before the body.
She pointed out that according to Section 9-16, on or before
February 15 of each year, Council shall announce its intention to elect
trustees of the School Board for terms commencing July I through (1)
public announcement of such intention at two consecutive regular
sessions of the Council and (2) advertisement of such intention in a
newspaper of general circulation in the City twice a week for two con-
secutive weeks.
She further pointed out that Section 9-17 provides that all
applications must be filed in the City Clerk's Office by March 10,
noting that applications would be received until 5:00 p.m., on Friday,
March 10, 1989; that application forms were available in the City
Clerk's Office and could be obtained between the hours of 8:00 a.m.,
and 5:00 p.m., Monday through Friday, and information describing the
duties and responsibilities of School Board Trustees would also be
available for interested applicants.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Garland moved that the report be received and filed.
motion was seconded by Mr. Trout and adopted.
The
REPORTS OF COMMITTEES:
CITY PROPERTY-SCHOOLS-INDUSTRIES: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Con]nittee, presented a written
report on behalf of the committee, recommending that Council authorize
the lease of a 6,572 square foot space in the Jefferson High School
Shop area to Roanoke Dyeing and Finishing, a Division of Twin City
Textiles, Inc., for an initial six month period, at a lease fee of
$200.00 per month, with the lessee to provide public liability and
other required insurance in amounts acceptable to the City's Risk
Manager.
658
ACTXON:
A staff report pointed out that the Jefferson High School property
has been vacant for a number of years; that efforts to find a new use
for the total facility has been ongoing; that the shop area on the rear
of the structure (Luck Avenue side) is a single story industrial type
building with concrete floor, high ceiling clearance and large garage
type access doors, with no available utilities in the area; that the
shop area has been used at various times for storage and for painting
the Parks Department picnic tables during the winter months; that the
major portion of the area is currently vacant with another portion
being used for School Board storage; and Roanoke Dyeing and Finishing
Company has purchased the old Roanoke Mills - Tultex facility west of
6th Street, S. W., across the street from the subject property, and is
in the process of remodeling the area for their use.
It was explained that Roanoke Dyeing and Finishing Company needs a
secure indoor area in which to sort and organize equipment being deli-
vered for installation in their plant; that the shop portion of the
building is generally divided into three areas; viz: Space A is
approximately 124' x 53' in size, 6,572 square feet and is vacant and
available for use, Space B is now in use for School Board storage and
Space C is vacant, but access doors are too small for entrance by
industrial forklifts, etc.
It was further explained that Roanoke Dyeing and Finishing Company
has asked to lease Space A for $200.00 per month for an initial six
month period; that the Company will provide a security fence or wall
between Spaces A and B and will provide electricity to Space A for
lighting and to raise and lower the door onto 6th Street, S. W., and
will provide insurance and other protection to the City as required.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease between the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
The motion was seconded by Mr. Fitzpatrick and adopted by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........... 6.
NAYS: None ............ O.
(Council Member Bowers was absent.)
CITY PROPERTY-PARKS AND PLAYGROUNDS: Council Member Elizabeth T.
Bowles, Chairman of the Water Resources Con~nittee, presented a written
report on behalf of the con~ntttee, reconm~nding that Council authorize
the lease of a portion of Buena Vista Recreation Center to the Common-
wealth of Virginia Division of Historic Landmarks, at no charge, for a
period of one year, with utilities, and with maintenance of building
systems and minor improvements needed to bring the building up to
Building Code standards for occupancy to be provided by the City.
A staff report pointed out that strategies to assist the City in
developing a more active historic preservation program were presented
to Council on September 12, 1988, and Council authorized the admi-
nistration to move forward on the development of said strategies; and a
technical assistance program was one of the recommended strategies and
included the following two approaches:
City sponsored effort to assist property owners or
property developers desiring to rehab historic pro-
perties. City Council, at its November 14, 1988,
meeting approved $20,000.00 for this program.
ACTION:
State sponsored effort (establishing a pilot
regional preservation center) in Roanoke was to be
pursued.
It was further pointed out that the City applied to the State
Division of Historic Landmarks to be the host locality for the Pilot
Regional Preservation Center Program; that space for office personnel
and archaeology lab and other inkind general services were a part of
the City's application; and Governor Baliles announced the City of
Roanoke as the host locality for the State's first regional preser-
vation center program on November 3, 1988.
It was explained that the regional center will employ four pro-
fessional staff persons; that an archaeologist with the Jefferson
National Forest will also be involved with the center; that the center
would be operational in January, 1989; that office and laboratory space
is available at Buena Vista in vacant rooms that currently are not uti-
lized for City recreation programs; that the space is located in the
basement and in the second story wing of the house; and Buena Vista
will continue as a recreation center.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
The motion was seconded by Mr. Fitzpatrick and adopted:by the
following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ............ 6.
NAYS: None ..............
(Council Member Bowers was absent.)
BUDGET-ACQUISITION OF PROPERTY-SEWERS AND STORM DRAINS: Council
Member Elizabeth I. Bowles, Chairman of the Water Resources Committee,
presented a written report on behalf of the Conm~ittee, recommending
that Council take the following actions:
Authorize the City Manager to make an offer of
$145,000.00 to purchase property and easements in
connection with the Williamson Road Storm Drain,
Phase II, Contract I-D - Stornwater Retention
Basin.
Authorize the proper City officials to institute
and conduct condemnation proceedings, if necessary.
Appropriate $145,000.00 from the 1988 Series Public
Improvement Bonds, Storm Drain Category, into an
account entitled "Williamson Road Retention Basin"
to be established by the Director of Finance.
A staff report pointed out that the project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of 4.5 acres of storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
659
660
ACTION:
ACTION:
Company, et al., Official Tax No. 2360101; that a retention facility
is critical in regard to further scheduling of the last three remainin§
segments of the Williamson Road Storm Drainage System which will serve
the Round Hill/Grandview/Huff Lane areas; and storm water control pro-
vided by this facility must be in place before the other three segments
can be scheduled or advertised for construction.
It was further pointed out that project design for the retention
facility is now complete; that necessary reviews have been made and it
is imperative to advertise for construction at the earliest possible
date in order to maintain the current schedules for the overall
Williamson Road Storm Drainage System; that appraisals of the 4.5 acre
tract for the retention facility and associated easements have been
made both by the City and the property owner with the owner's appraisal
being ten per cent higher than the City; and the City Administration
concurs with the owner's appraisal of $145,000.00.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
"AN ORDINANCE to amend and reordain certain sections of the
1988-89 Capital Fund Appropriations, and providing for an emergency."
Mrs. Bowles moved the adoption of the Ordinance. The motion was
seconded by Mr. Garland and lost by the following vote:
AYES: Council Members Garland, Musser, Trout and Bowles ........ 4.
NAYS: None ............. O.
(Council Member Bowers was absent.)
Fitzpatrick abstained from voting.)
(Mayor Taylor and Vice-Mayor
Mr. Trout moved that action on the matter be deferred until the
next regular meeting of Council on Monday, February 13, 1989. The
motion was seconded by Mr. Musser and adopted.
SPECIAL PERMITS: Council Member Elizabeth T. Bowles, Chairman of
the Water Resources Con~nittee, presented a written report on behalf of
the Comnittee, recommending that Council authorize a standard revocable
license, in a form approved by the City Attorney, to allow the con-
tinuation of the encroachment of the retaining wall at 2314 Patterson
Avenue, S. W., in accordance with terms and conditions of a staff
report.
It was pointed out that Breakell, Inc., on October 30, 1987,
received a building permit to construct a retaining wall adjacent to
and east of the existing structure; that this type of building permit
does not require a previously approved site plan, but does require
inspections; that the Engineering Department Inspector discovered on
March 25, 1988, that the wall parallel to Patterson Avenue, S. W.,
46'-6" long, had been constructed two feet into the public right-of-
way, and, in addition, the footing for the wall extended twelve inches
further into the right-of-way; and Breakell, Inc., was aware of tile
encroachment prior to that date and had marked the right-of-way line on
the wall.
It was stated that Breakell, Inc., had its property surveyed prior
to construction of the wall; that based upon initial (later found to be
preliminary) locations of survey stakes set to mark the street rightof-
way/front property line, the retaining wall was begun; that as a pre-
caution, it was located six inches back onto private property; that
since they had a crew standing by to do the job, Breakell, Inc., was
well along with construction before the surveyors returned, after
refining the data, and moved the stakes south onto private property
enough to place the wall two feet into the street right-of-way; and the
Building Inspection Department should have been notified to perform an
inspection of the footing for the wall, but was not informed in time.
It was further stated that Breakell, Inc., on August 18, 1988,
requested that Council authorize a permit to allow them to maintain the
encroachment of the wall and footing into the street right-of-way; that
Breakell, Inc., was of the opinion that the error in locating the wall
was unintentional and was caused by poor judgement on the part of the
petitioner and might have been avoided by appropriate and timely City
inspections; however, the encroachment presents no hazard, inasmuch as
the street right-of-way is seventy feet wide at this point, and would
be excessively expensive to remove or replace at a revised location out
of the public right-of-way.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following Ordinance be placed upon its
first reading:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313012, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
ACTION: The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Garland, Trout, Bowles, Fitzpatrick and
Mayor Taylor ...... 5.
NAYS: Council Member Musser ..........
(Council Member Bowers was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
SPECIAL PERMITS-RED CROSS: Ordinance No. 29434 granting to the
American Red Cross, Roanoke Valley Chapter, a revocable permit to mount
certain flags on street lighting poles in the Central Business District
of the City, upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, January 23, 1989,
read and adopted on its first reading and laid over, was again before
the body, Mr. Garland offering the following for its second reading and
final adoption:
(#29434) AN ORDINANCE granting to the American Red Cross, Roanoke
Valley Chapter, a revocable permit to mount certain flags on street
lighting poles in the Central Business District of the City, upon cer-
tain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page go.)
ACTION: Mr. Garland moved the adoption of Ordinance No. 29434. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor T~vlor ..................................................... 6.
NAYS: None ...........................................
Ce
(Council Member Bowers was absent.)
LEGISLATION-VETERANS HOME: Council Member Bowles offered the
following Resolution urging the 1989 Session of the General Assembly
and the United States Congress to appropriate funding for a much-needed
State nursing home for veterans to be located on a site to be donated
by the City of Roanoke.
(#29449) A RESOLUTION urging the 1989 Session of the General
Assembly and the United States Congress to appropriate funding for a
much-needed State nursing home for veterans to be located on a site to
be donated by the City of Roanoke.
(For full text of Resolution, see Resolution No. 51, page 98.)
662
ACTION:
Mrs. Bowles moved the adoption of Resolution No. 29449. The
motion was seconded by Fir. Musser and adopted by the following vote:
AYES: Council Members Garland, Musser, Trout, Bowles, Fitzpatrick
and Mayor Taylor ........ 6.
NAYS: None .......... O.
(Council Member Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE )~YOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS:
ARCHITECTURAL REVIEW BOARD-COMPLAINT: Mr. Melvin T. Patrick, 816
Franklin Road, S. W., appeared before Council and presented information
in connection with his original petition to the Architectural Review
Board for a Certificate of Appropriateness to construct a fence
surrounding a portion of his parking lot on Mountain Avenue, S. W.,
which is located within the boundaries of the area designated by
Council as H-l, Historic District. He stated that the Architectural
Review Board denied his request and he attempted to file an appeal with
the Council, pursuant to Section 36.1-642 (d) of the Code of the City
of Roanoke, (1979), as amended which provides as follows:
"Any property owner aggrieved by any decision of
the Architectural Review Board may present to the
City Council a petition appealing such decision,
provided such petition is filed within thirty (30)
days after the decision is rendered by the Board.
The City Council may reverse or modify the Board's
decision, in whole or in part, or it may affirm the
decision of the Board."
Mr. Patrick pointed out that he was one day late in submitting his
appeal to the City Clerk and was advised by Ms. Parker that the appeal
would not be placed on the agenda of City Council inasmuch as it had
not been filed in a timely fashion.
(For full text, see documents on file in the City Clerk's Office.)
Mr, Patrick referred to photographs of his office building on
Franklin Road and Elm Avenue, advising that a fence was constructed
around the parking lot which has three entrances. He explained that
for approximately eight months after purchasing the property, a problem
developed in which people were using the parking lot for various unde-
sirable purposes. He stated that a problem then developed with regard
to trash blowing into the parking lot from the adjoining neighborhood,
and during clean up efforts, syringes and other drug paraphernalia were
found. He added that he was very much concerned about the drug
problem; therefore, he contacted a local fence contractor who indicated
that he was a bonded building construction company with the City of
Roanoke. He advised that he then inquired of the contractor if there
was any action he needed to take insofar as obtaining the proper appro-
vals from the City of Roanoke prior to construction of the fence, and
he was assured by the contractor that inasmuch as he was bonded, no
additional steps needed to be taken.
After the fence was constructed, Mr. Patrick advised that he
received a letter from the Architectural Review Board informing him
that the fence had been constructed in a historic district. He stated
hat he followed the procedure which was outlined and appeared before
the Architectural Review Board for a Certificate of Appropriateness.
663
Mr. Patrick advised that construction of the fence had already
been completed. He pointed out that the fence was not offensive but
instead acted as a protective device to rid the neighborhood of unde-
sirables that use the parking lot at night. He stated that if he was
directed to remove the fence, he would do so without question or hesi-
.~i~~,,~..,tat~on, b~t adV~lq~=dfthat he would like some assurance from the City of
Ro~i~oXe.tlf~h~l~ea would be cleaned up, patroled by the police, and
· s%fe~uardd~llnst~ undesirable elements.
Mr. Patrick pointed out that the Architectural Review Board acted
within the perimeters of the law, but asked that Council make an
adjustment in the best interest of the community.
Upon question, the Cit.v Attorney advised that with the new Zoning
Ordinance which was enacted, Council adopted, for the first time, a
neighborhood overlay zone for historic preservation, and the H-2
District applied essentially to the area known as Old Southwest. He
stated that it is provided in the H-2 District, that no structure can
be erected without a Certificate of Appropriateness, which has been
issued by the Architectural Review Board. He added that a fence is a
structure which requires a building permit; that if Mr. Patrick had
sought and obtained a building permit, he should have been told about
the historic zoning provision, and if he had sought a Certificate of
Appropriateness before building his fence, he would have been told how
to build a fence that would have been in compliance with the Zoning
Ordinance.
Mr. Oibling advised that Mr. Patrick had thirty days following the
decision of the Architectural Review Board in which to file an appeal
with City Council; however, the appeal was not filed within the thirty
day period. He stated that the Zoning Ordinance is specific, and Mr.
Patrick could appeal to the Circuit Court if he was dissatisfied with
the action taken by Council.
ACTION:
Mr. Patrick asked that Council take the matter under consideration
prior to making a final decision.
Mr. Garland moved that the matter be referred to the City Manager
and the City Attorney for study, report and reconm~ndation to Council
at a regular meeting to be held on Tuesday, February 21, 1989, at
2:00 p.m. The motion was seconded by Mr. Trout and adopted.
In discussing the matter with the City Manager and the City
Attorney, Mr. Fitzpatrick asked that Mr. Patrick consider the liability
of his contractor and the role that the contractor played in the
matter.
At 10:15 p.m., the Mayor declared the meeting in recess.
At 10:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowers.
PERSONNEL: The Mayor advised that there was a vacancy on the
Personnel Employment and Practices Con~ntssion created by the resigna-
tion of Mr. Robert C. Poole, for a term ending June 30, 1990, and
called for nominations to fill the vacancy.
Mr. Garland placed in nomination the name of Mr. L. Bane Coburn.
There being no further nominations, Mr. Coburn was elected as a
member of the Personnel Employment and Practices Con~nission to fill the
unexpired term of Robert C. Poole, ending June 30, 1990, by the
following vote:
ACTION: FOR MR. COBURN: Council Members Bowles, Fitzpatrick, Garland,
Musser, Trout and Mayor Taylor- 6.
(Council Member Bowers was absent.)
664
There being no further business, the Mayor declared the meeting
adjourned at 10:55 p.m.
ATTEST:
City Clerk
APPROVED
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 13, 1989
7:30 p.m.
665
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Monday, February 13, 1989, at 7:30 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members Howard E. Musser, James O. Trout, David A.
Bowers, Robert A. Garland and Mayor Noel C. Taylor ............................ 6.
AJtSENT: Council Member Elizabeth T. Bowles
-1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wtlburn C. Dibling, Jr., City Attorney; Steven J.
Talevi, Assistant City Attorney; Joel M. Schlanger, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Mrs. Queen Ester
Snell, Pastor, St. John's A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
SEWERS AND STORM DRAINS: Pursuant to notice of advertisement for
bids for alterations to aeration and nitrification basins at the Water
Pollution Control Plant, said bids to be received by the City Clerk
until 4:30 p.m., on Monday, February 13, 1989, and to be held, opened
and read before the Council at 7:30 p.m., on that date, or as soon
thereafter as the matter may be heard, the Mayor asked if anyone had
any questions about the advertisement for bids, and no representative
present raising any question, the Mayor instructed the City Clerk to
proceed with the opening of the bids; whereupon, the City Clerk opened
and read the following bids:
BIDDER
BASE BID TOTAL
S. C. Rossi & Company, Inc.
H. Hamner Gay & Company, Inc.
Mechanical and Plumbing, Inc.
Acorn Construction Ltd.
Structures & Utilities Company, Inc.
$ 83,441.00
83,500.00
88,281.17
89,800.00
112,900.00
Mr. Musser moved that the bid~ be referred to a comtttee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Mr.
French H. Hagy that a certain alley twelve feet in width extending in a
northwesterly direction from Eastgate Avenue, N. E., for a distance of
125 feet, situated between Official Tax Nos. 3230910 and 3230911, be
permanently vacated, discontinued and closed, the matter was before the
body.
666
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the City
has no current or future plans to utilize the undeveloped alley sec-
tion; that the applicant desires to build a patio at the rear of his
residence; that the patio would be situated within the alley right-of-
way; and recommended that the alley be permanently vacated, discon-
tinued and closed, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29450) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 114.)
ACTION:
The motion was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to
address Council with regard to the alley closure. There being none,
Ordinance No. 29450 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............. .6.
NAYS: None ........... O.
(Council Member Bowles was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, February 13, 1989, at 7:30 p.m., or as
soon thereafter as the matter may be heard, on the request of Roanoke
Country Club, Inc., that all of 36th Street, N. W., from its point of
beginning adjacent to the south right-of-way line of Densmore Road,
N.W., extended to its terminus approximately 135 feet south of
Densmore Road at the northern boundary line of the property of Roanoke
Country Club, Inc., bearing Official Tax No. 2671006, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that the
request to close and permanently vacate 36th Street, N. W., be
approved, subject to the following conditions, was before Council.
That the applicant agree to have prepared and sub-
mitted to the City for approval, a plat of sub-
division showing the combination of Official Tax
Nos. 2671005 and 2671006, with that portion of
2671009 to be purchased by the applicant.
That official closure of 36th Street, N. W., be
made contingent upon the recordation of the sub-
division plat.
(For full text, see report on file in the City Clerk's Office.)
i}
ACTION:
ACTION:
667
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29451) AN ORDINANCE permanently, vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 51, page 115.)
The motion was seconded by Mr. Garland.
Mr. Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the street closure. There being none,
Ordinance No. 29451 was adopted, on its first reading, by the following
vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .................. 6.
NAYS: None .... O.
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Hickory Woods,
Inc., a Virginia Corporation, that a 1.206 acre tract of land and a
1.603 acre tract of land situated between King Street, N. E., and U. S.
Route 460, Hickory Woods, and being portions of Official Tax No.
7090521, be rezoned from RS-3, Residential Single Family District, and
LM, Light Manufacturing District, respectively, to RM-2, Residential
Multi-Family, Medium Densttk District, the matter was before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request was to rezone two parcels of land containing an existing
storm drain system/detention basin and entrance/exit roadway serving
the Hickory Woods apartments so that the entire complex has one:uniform
zoning classification, noting that no further development of the par-
cels was proposed, was before Council.
The Planning Commission recommended approval of the request for
rezontng, advising that the proposed rezoning of the two parcels would
be compatible with the existing use and would be consistent with the
zoning classification for the Hickory Woods apartment complex.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29452) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 51, page 116.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezontng. There being
none, Ordinance No. 29452 was adopted, on its first reading, by the
following vote:
668
ACTION:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... .6.
NAYS: None ..............
(Council Member Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Trustees of
St. John's Episcopal Church, that a tract of land lying in the 100
block of Elm Avenue, S. W., containing 0.34 acre, more or less, iden-
tified as Official Tax Nos. 1021005 - 1021007, be rezoned from C-1,
Office District, to RM-4, Residential Multi-Family, High Density
District, subject to certain proffered conditions, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit the construction of a new
multi-family dwelling containing fifteen dwelling units, was before
Council.
The Planning Con~nission recon~nended that the request for rezoning
be approved, advising that given the existing land uses along Elm
Avenue, S. W., and the need for infill housing of this type, the pro-
posed use was reasonable.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers moved that the following Ordinance be placed upon its
first reading:
(#29453) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 102, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 118.)
The motion was seconded by Mr. Fitzpatrick.
Mr. E. Griffith Dodson, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29453 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........ .6.
NAYS: None ........
(Council Member Bowles was absent.)
O.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Dana A.
Walker that a parcel of land located at 2416 Clifton Avenue, N. W.,
described as Lot 36, Block 2, Map of Villa Heights, identified as
Official Tax No. 2430806, be rezoned from RS-3, Residential Single
Family, Medium Density District, to RM-1, Residential Multi-Family, [.ow
Density District, subject to certain conditions proffered by the peti-
tioner, the matter was before the body.
669
ACTION:
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
Janua)~ 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the purpose
of the request for rezoning was to permit the rehabilitation and reuse
of an existing single family structure for a duplex, was before
Council.
The Planning Commission recommended that the request for rezoning
be approved, advising that given the pl~sical condition of the pro-
perty, a well done multi-family unit would be more beneficial to the
area than a series of single family units that were not well main-
tained.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following Ordinance be placed upon its
first reading:
(#29454) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Bowers.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29454 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ........................................ 5.
NAYS: Council Member Musser ...............
¸1.
(Council Mend)er Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Ms. Crystal L.
Custer that a tract of land located at 2920 Sweetbriar Avenue, S. W.,
described as Lots 4 - 6, respectively, C. F. Kefauver Map, Official Tax
Nos. 1651004 - 1651006, respectively, be rezoned from RS-3, Residential
Single Family, Medium Density District, to C-1, Office District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Con~nission advising that the purpose
of the request for rezoning was to permit the uses which are allowed in
the C-1 zone, more particularly, medical or professional office use,
was before Council.
The Planning Con~nission recommended that the request for rezontng
be approved, advising that the petitioner had demonstrated a desire to
insure a minimal impact on the neighborhood by preserving existing
vegetation, by providing extra buffering and by siting the building in
such a manner as to utilize the changes in elevation across the site to
further buffer the building from the single family neighborhood; and
given the land use and zoning patterns along Brambleton Avenue, S. W.,
the proposed use of the property was reasonable.
(For full text, see report on file in the City Clerk's Office.)
6?O
ACTION:
Mr. Fitzpatrick moved that the following Ordinance be placed upon
its first reading:
(#29455) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
The motion was seconded by Mr. Garland.
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezoning. There being
none, Ordinance No. 29455 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ............................. 6.
NAYS: None O.
(Council Mend)er Bowles was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, February 13, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. James E.
Lyle, Jr., that a tract of land lying to the north of Wise Avenue,
S. E., at the intersection of 18th Street, being the rear portions of
two lots in Block 36 and a strip of land between Lots 35 and 36,
McDonald Addition, more particularly described as Official Tax Nos.
4210235, 4210237 and 4210238, be rezoned from RM-1, Residential Multi-
Family, Low Density District, to LM, Light Manufacturing District, sub-
ject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in the
morning editions of the Roanoke Times & World-News on Friday,
January 27, 1989, and Friday, February 3, 1989.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose
of the request for rezoning was to permit development of a general ser-
vices establishment primarily engaged in the repair or maintenance of
goods or items including automobiles, trucks, construction equipment
and the provision of business services, provided all repair and main-
tenance activities were wholly enclosed in a building of not less than
20,000 square feet in area, advising that upon approval of the
rezoning, the petitioner would request that a variance from the 20,000
square foot area requirement be granted to allow a 5,000 square foot
structure, due to topographical limitations.
The Planning Commission reconmmnded that the request for rezoning
be approved, advising that the site's unique topography, and the fact
that the topography combined with existing vegetation, proposed
building location, and proposed buffering contribute to minimizing the
impact on the neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. Garland moved that the following Ordinance be placed upon its
first reading:
(#29456) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 121.)
ACTION: The motion was seconded by Mr. Trout.
ACTION:
ACTION:
The Mayor inquired if there were persons present who would like to
address Council with regard to the request for rezontng. There being
none, Ordinance No. 29456 was adopted, on its first reading, by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ...... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the forms listed on the Consent Agenda, and if
discussion was desired, that item would be removed from the Consent
Agenda and considered separately. He called specific attention to two
requests for Executive Sessions to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and committees
appointed by Council; and a legal matter.
COUNCIL: An oral request of Council Member Bowers that Council
convene in Executive Session to discuss a personnel matter, pursuant to
Section 2.1-344 (a) (1), Code of Virginia (1950), as amended, was
before the body.
Mr. Trout moved that Council concur in the request of Council
Member Bowers to convene in Executive Session to discuss a personnel
matter, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Bowers and adopted by the
following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ................ 6.
NAYS: None O.
(Council Member Bowles was absent.)
COUNCIL: An oral request of Council Member Trout that Council
convene in Executive Session to discuss a legal matter within the
jurisdiction of the governing body, being the terms and conditions of a
contract under negotiation, pursuant to Section 2.1-344 (a) (7), Code
of Virginia (1950), as amended, was before the body.
Mr. Trout moved that Council concur in his request to convene in
Executive Session to discuss a legal matter within the jurisdiction of
the governing body, being the terms and conditions of a contract under
negotiation, pursuant to Section 2.1-344 (a) (7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Bowers and adopted
by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor- 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TOTAL ACTION AGAINST POVERTY: Ms. Ellen L. Brown, Director of
Human Resources, Total Action Against Poverty in the Roanoke Valley,
Inc., appeared before Council and highlighted certain outstanding
accomplishments of TAP for the year 1988, which are summarized as
follows.
672
ACTION:
Comprehensive Health Services to Children Ages
K - 6
Northwest Supermarket Project
Transitional Living Program for Homeless Persons
Housing and Weathertzatton Program
Youth Services Program
Summer Youth Program
Employment Training
Emergency Services
Substance Abuse Prevention
Successful Transition of Ex-Offenders Return to
Roanoke
Comprehensive Services to Abused Women and Their
Children
Community Development
Black Cultural Education and the Fine Arts
Ms. Brown expressed appreciation for the support of the City of
Roanoke and presented the Mayor and Members of Council with a copy of
TAP's Annual Report and the Transitional Living Center Newsletter.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a written report advising that the Fifth
District Employment and Training Consortium and the Roanoke City
Department of Social Services have recently been awarded a competitive
grant from the Governor's Employment and Training Department, in the
amount of $177,000.00, to administer a project entitled, IMAGE
(Independent Mothers Achieving Growth and Employment), which is
designed for teen mothers who are school dropouts, receiving Aid to
Dependent Children (ADC), and between the ages of 16-20; that Veterans
Project funds have been awarded for the Consortium to continue serving
this targeted group for the period of December 23, 1988 to December 22,
1989; and Job Training Program legislation allows the Governor's
Employment and Training Department (primary funding source for the
Consortium), to reward'Service Delivery Areas (SDAs) that meet or
exceed performance standards under Title II-A, for any given program
year.
Mr. Herbert stated that annual closeouts for Title II-A have been
submitted to the Governor's Employment and Training Department by the
Consortium for fiscal year 1988; that expenditure policies of the
Governor's Employment and Training Department for Title II-B (Sunmmr
Youth Program) allows for the deobligation of unexpended funds in
excess of a maximum carryover restriction; and excess funds are
redistributed to Service Delivery Areas (SDA's) meeting expenditure
requirements.
673
It was pointed out that the Governor's Employment and Tratntng
Department sent a Nottce of Intent to Award, in the amount of
$177,000.00, to the Consortium to operate the Project, Independent
Mothers Achieving Growth and Employment; that the Consortium was
awarded a Veteran's Grant (MOA #89-183-01), in the amount of
$51,750.00; and the Governor's Employment and Tratntng Department
awarded the Consortium an Incentive Grant (MOA #89-03-04) of
$97,894.00, for meettng and exceeding ftscal year 1988 performance
standards for Tttle II-A.
It was explained that unexpended, but appropriated fiscal year
1988 Title II-A funding, in the amount of $212,059.00, was available
to be transferred by the Governor's Employment and Training Department
(GETD), from last fiscal year into the current year; that the GETD's
allowable carryover policy, however, transferred only $189,016.00 into
the new fiscal year; that the Fifth District Employment and Training
Consortium received NOA #88-03-07 for $14,065.00 in reallocated Sunmmr
Youth funds for excess carryover from the GETD; and due to the lateness
of the increase, the funds were not budgeted in last year's program and
will be utilized in the current year.
The City Manager recommended that Council appropriate the
Consortium's net funding adjustment of $317,666.00, and increase the
revenue estimate by $317,666.00 in accounts to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29457) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Consortium Fund Appropriations, and providing for an
emergency.
I!
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 101.)
Mr. Bowers moved the adoption of Ordinance No. 29457. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None ........ -0.
(Council Member Bowles was absent.)
LIBRARIES: The City Manager submitted a written report advising
that the ~ohn D. and Catherine T, MacArthur Foundation is a private,
independent, grant-making foundation which was created in 1978 for
charitable and public service purposes; and in 1988, the MacArthur
Foundation solicited applications from public libraries for their
library video classics project, a nationwide project to make Public
Broadcasting System programming available to public libraries.
It was pointed out that the Roanoke City Public Library applied
for and was awarded an outright grant of a video collection valued at
approximately $6,300.00.
The City Manager recommended that Council authorize acceptance of
the video collection, with a value of $6,300.00; and that he or his
designee be authorized to execute the necessary documents accepting the
grant for the Roanoke City Public Library.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following Resolution:
(#29458) A RESOLUTION accepting a John D. and Catherine T.
MacArthur Foundation Grant for the Roanoke City Public Library.
(For full text of Resolution, see Resolution Book No. 51, page 103.)
674
ACTION:
Mr. Trout moved the adoption of Resolution No. 29458. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor--- -6.
NAYS: None ......... .0.
(Council Member Bowles was absent.)
BUDGET-EQUIPMENT-HUMAN RESOURCES-MANAGEMENT INFORMATION SERVICES-
POLICE DEPARTMENT-DIRECTOR OF FINANCE-EMERGENCY SERVICES: The City
Manager submitted a written report concurring in a report of a bid com-
mittee appointed to tabulate bids received for the purchase of certain
vehicular equipment needed by certain Internal Services Departments.
The bid committee recommended that Council award the purchase of
vehicular equipment as follows:
Items #1 and #2 - Two new midsize sedans and one
full size sedan, awarded to R. K. Chevrolet, Inc,,
through the State Contract System, in the total
amount of $28,339.86.
Item #3 - One new midsize station wagon, as sub-
mitted by Allred Chevrolet, in the total amount of
$11,549.00.
Items #4 and #6 - One new 4-wheel drive station
wagon and eight new unmarked Police sedans, as sub-
mitted by Berglund Chevrolet, in the total amount
of $100,294.66.
Item #5 - Two new seven passenger mini vans,
awarded to World of Ford Sales, Inc., in the total
amount of $24,756.00.
Item #7 - One new heavy duty cargo van as submitted
by Magic City Ford, in the total amount of
$14,365.54.
Reject all other bids.
Appropriate $166,927.06 from the Capital Mainten-
ance and Equipment Replacement Program as follows:
$8,565.68 to Billings and Collections, Account
No. 001-004-1232-9010;
$23,927.00 to Social Services, Account No.
001-054-5314-9010;
$8,565.68 to Communications, Account No.
001-052-4130-9010;
$11,208.50 to Building Inspections, Account
No. 001-052-3410-9010;
$15,700.10 to Nursing Home, Account No.
001-052-5340-9010;
$84,594.56 to Police Department, Account No.
001-050-3112-9010;
$14,365.54 to Signals and Alarms, Account No.
001-052-4160-9010; and
$12,378.00 from Internal Service Retained
Earnings to Management Services, Account No.
006-002-1617-9010.
(For full text, see reports on file in the City Clerk's Office.)
675
ACTION:
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#2945g) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 103.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29459. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor .......... -5.
NAYS: None ....... O.
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
ACTION:
Mr. Musser offered the following emergency Ordinance:
(#29460) AN ORDINANCE accepting bids for certain vehicular equip-
merit; rejecting other bids; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 104.)
Mr. Musser moved the adoption of Ordinance No. 29460. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Fitzpatrick, Garland and
Mayor Taylor ....... -5.
NAYS: None .......
(Council Member Bowles was absent.) (Council Member Bowers abstained
from voting.)
EQUIPMENT-SNOW REMOVAL-CITY NURSING HOME: The City Manager sub-
mitted a written report concurring in a report of a bid con~nittee with
reference to bids for purchase of a compact diesel tractor with
snowplow assembly for the City Nursing Home.
The bid comittee recommended that Council accept the bid of
Mountcastle Ford Tractor Sales, Inc., in the total amount of
$15,281.00; and appropriate $15,281.00 from the Capital Maintenance and
Equipment Replacement Program to Nursing Home, Account No. 001-054-
5340-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29461) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General Fund Appropriations, and providing for an
emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 51, page 105.)
Mr. F~tzpatrtck moved the adoption of Ordinance No. 29461. The
motion was seconded by Mr. Musser and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ........ O.
(Council Member Bowles was absent.)
Mr. Musser offered the following emergency Ordinance:
(#29462) AN ORDINANCE providing for the purchase of a compact
diesel tractor with snowplow assembly, upon certain terms and con-
ditions, by accepting a bid made to the City for furnishing and deli-
vering such equipment; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 106.)
676
ACTION:
ACTION:
ACTION:
Mr. Musser moved the adoption of Ordinance No. 29462. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None .................. O.
(Council Member Bowles was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a writ-
ten report concurring in a report of a bid committee with reference to
the purchase of a new articulating loader for use in the Street
Maintenance Department.
The bid committee recommended that Council accept the bid of Baker
Brothers, Inc., in the total amount of $62,379.00, including perfor-
mance bond, and reject all other bids; and appropriate $62,379.00 from
the Capital Maintenance and Equipment Replacement Program to Street
Maintenance, Account No. 001-052-4110-9015.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Bowers offered the following emergency budget Ordinance:
(#29463)
the 1988-89
emergency,
AN ORDINANCE to amend and reordain certain sections of
General Fund Appropriations, and providing for. an
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29463. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None ......... -0.
(Council Member Bowles was absent.)
Mr. Bowers offered the following emergency Ordinance:
(#29464) AN ORDINANCE accepting a bid for furnishing one new
articulating loader to the City; rejecting other bids; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 107.)
Mr. Bowers moved the adoption of Ordinance No. 29464. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ......... 6.
NAYS: None .......... O.
(Council Member Bowles was absent.)
BUDGET-TRAFFIC-INDUSTRIES: The City Manager submitted a written
report with regard to a contract between the City of Roanoke and Cora
Corporation (a wholly-owned subsidiary of United Parcel Service of
America, Inc. (UPS)).
The City Manager advised that United Parcel Service currently
leases a 51,000 square foot building in Statesman Industrial Park; that
large increases in mail order business and the addition of a hub com-
ponent have made it necessary for UPS to expand its operations; that
Cora is negotiating to buy 50 acres of land from the Andrews family for
its proposed new location on Thtrlane Road; that Thirlane Road must be
improved, approximately 1.5 miles, from the Peters Creek Road intersec-
tion to the Comfort Inn Motel to accommodate industrial/conmmrcial
development; that cost estimates for the improvements total approxima-
tely $1,000,000.00; that the project appears to be eligible for State
Industrial Access funds; and the City has its full allocation of
$450,000.00 available between now and the end of June.
677
ACTION:
It was explained that Cora is also negotiating to buy 13 acres of
land across from its proposed site; that this property is necessary for
road realignment; that relocation of Thirlane Road onto Airport
Commission property may be necessary to a minor extent to provide
better road alignment around Runway 6; that water and sewer extensions
to the property are required; t~at de?ndi~g on which alternatives are
ultimately pursued, estimated costs ot utility extensions are
$200,000.00 to $400,000.00; and Cova will pay for water/sewer exten-
sions under City extension policies.
It was further explained that Cova proposes to construct, in Phase
· 200 000 square feet, with a total building and
I, a butld!ng o? about. ~X R m~lliO t that employment wtll !~c~ease
equipment lnvestme, n~_°T. )~u.v ..ZL;~n~f 231-ersons to 368; that pay
from the current tull-time equ~va~.~
scale for the Jobs is substantially above manufacturing wages; and the
following represents major components of the contract:
"Cora to acquire the 13 acre Garst property across
from its proposed site (condemnation by the City
for right-of-way an alternative with full reimbur-
sement by Cora).
Cora to pay for all off-site utilities under City
extension policies and code required on site work.
Cora to construct facility as described.
Cora's performance as described above is contingent
upon City's making improvements to Thirlane Road.
Cora will reimburse the City for up to $35,000.00
in road design fees if Cora does not go forward
with the project."
The City Manager recommended that he be authorized him to execute
a contract defining the responsibilities of the City of Roanoke and
Cora regarding the facility to be constructed by Cora and public impro-
vements to be made by the City; that he be authorized to file an appli-
cation with the Virginia Department of Transportation for Industrial
Access reconstruction to serve UPS; and assure the Co~nonwealth
Transportation Board that the City will, if such project is approved,
provide adequate right-of-way, adjustment of any utilities affected by
construction, and future maintenance of the roadway through other
~ funding sources.
(For full text, see report on file in the City Clerk"s Office.)
Mr. Trout offered the following emergency Ordinance:
(#g9465) AN ORDINANCE authorizing execution bY:~he City Manager
. forth the responsibilities and obllgattgns)~f
of .a contract setting . ructed in the City and
each party regarding a new facility to be const
for certain publtc off-site improvements to be made by the City; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 108.)
Mr. Trout moved the adoption of Ordinance No. ~9465. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Counctl Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-
NAYS: None
(Council Member Bowles was absent.)
Mr. Trout offered the following emergency Ordinance:
(#29466) AN ORDINANCE authorizing the City Manager to file an
application with . the. Virginia"Department of Transportation for
$450,000.00 in Industrial Access Road Funds 'to provide industrial
access by realignment and reconstruction of Thirlane Road, N. W., to
serve a new industry in the City; setting out the need therefor; making
678
ACTION:
provision for furnishing the necessary rights-of-way therefor and for
the adjustment of utilities; assuring that the City will maintain said
upgraded roadway; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 109.)
Mr. Trout moved the adoption of Ordinance No. 29466. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ....... 6.
NAYS: None .........
Oe
(Council Member Bowles was absent.)
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES:
with regard to personnel
1988-89.
The Director of Finance presented a report
lapse for the first half of fiscal year
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick offered the following emergency budget Ordinance:
(#29467) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 General and Internal Service Funds Appropriations, and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 110.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29467. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... --6.
NAYS: None .................... O.
(Council Member Bowles u,s ..;~s:i,'c. ~
CITY CLERK:
SCHOOLS: The City Clerk presented a written report requesting
that certain dates be established in connection with the selection pro-
cess for School Board Trustees, pursuant to Chapter 9, Education, of
the Code of the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
ACTION: Mr. Trout moved that Council concur in the following dates. The
motion was seconded by Mr. Garland and adopted.
On Monday, Harch 13, 1989, at 6:00 p.m., in the
Lobby of the Municipal Building, Council will hold
an informal meeting (reception), which will be open
to the public, with all candidates for school
trustee.
On Monday, March 27, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in the
Roanoke City Council Chamber, Council will review
and consider all candidates for the position of
school trustee. At such meeting, Council will
review all applications filed for the position a.n.d
may elect to interview candidates for such pos~-
ti OhS.
On Monday, April 10, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in ,the
Roanoke City Council Chamber, Council will, by
public vote, select from the field of candidates
those candidates to be accorded the formal intex-
view and all other candidates will be eliminated
679
from the school trustee selection process. The
number of candidates to be granted the interview
will not exceed three times the number of positions
available on the Roanoke City School Board, should
there be so many candidates.
On Monday, April 17, 1989, at 2:00 p.m., or as soon
thereafter as the matter may be heard, Council will
hold a public hearing to receive the views of citi-
zens.
On Tuesday, April 25, 1989, at 7:00 p.m., in the
Roanoke City Council Chamber, Council will hold a
meeting for the purpose of conducting a public
interview of the candidates for school trustee.
On Monday, May 8, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, Council will
hold an election to fill the vacancies on the
Roanoke City School Board.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STOI~I DRAINS-SALE/PURCHASE OF PROPERTY: Council
Member Howard E. Musser, Vice Chairman of the Water Resources Coneit-
tee, presented a written report on behalf of the Committee, advising
that property acquisition for the Williamson Road Storm Drain Phase
II, Contract I-D Stormwater Retention Basin Project is part of the on-
going design and construction of the overall storm drainage system of
the Williamson Road area and is composed of a 4.5 acre storm water
retention facility located along the west right-of-way line of
Interstate 581 on a portion of the property now owned by Dominion Trust
Company, et al, Official Tax No. 2360101.
Staff reports pointed out that the retention facility is critical
to further scheduling of the last three remaining segments of the
Williamson Road Storm Drainage System which will serve the Round Hill/
Grandview/Huff Lane area; and storn~ater control provided by the faci-
lity must be in place before the other three segments can be scheduled
or advertised for construction.
It was advised that project design for the retention facility is
now complete; that the necessary reviews have been made and it is
imperative to advertise for construction at the earliest possible date
in order to maintain the current schedules for the overall Williamson
Road Storm Drainage System; that appraisals of the 4.5 acre tract of
land for the retention facility and associated easements have been made
both by the City and the property owner, with the owner's appraisal 10%
higher than the City's; and the City Administration concurs with the
owner's appraisal of $145,000.00.
The Water Resources Committee recommended that Council authorize
the City Manager to make an offer of $145,000.00 to purchase the pro-
perty and easements; that the proper officials be authorized to insti-
tute and conduct condemnation proceedings, if necessary; and that
Council appropriate $145,000.00 from the 1988 Series Public Improvement
Bonds, Storm Drain Category, into an account to be established by the
Director of Finance.
(For full text, see reports on file in the City Clerk's Office.)
m
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(429468) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
ACTION: The motion was seconded by Hr. Trout and adopted by the following
vote:
680
ACTION:
ACTION:
AYES: Council Members Musser, Trout, Bowers and Garland ........ 4.
NAYS: None .......
(Council Member Bowles was absent.)
Fitzpatrick abstained from voting.)
(Mayor Taylor and Vice-Mayor
Mr. Musser moved that the following Ordinance be placed upon its
first reading:
(#29469) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Williamson Road
Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the City for the
needed real estate; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; and directing the
mailing of this ordinance to the property owners.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Musser, Trout, Bowers and Garland. 4.
NAYS: None ........ O.
(Council Member Bowles was absent.) (Mayor Taylor and Vice-Mayor
Fitzpatrick abstained from voting.)
ANNUAL REPORTS-PLANNING: Mr. Michael M. Waldvogel, Chairman of
the City Planning Commission, appeared before Council and presented the
Annual Report of the Commission for the year 1988, advising that lg88
was a busy and productive year; that the major accomplishment for the
year was initiation of the neighborhood planning program, an outgrowth
of Roanoke Vision, the City's adopted comprehensive plan; that during
the year, the Planning staff completed the planning process in the
South Roanoke neighborhood and expects to bring the plans for
Nershberger Hills and Mudlick/Deyerle to the Planning Commission and
Council in the near future; and the Commission also participated in
regional planning efforts, as well as workshops, on the Roanoke River
Flood Reduction Study.
It was pointed out that tn'1988, the Commission reviewed 25
rezoning requests and 14 street and alley closures; that staff reviewed
110 subdivision requests and 115 site plans; that the Commission
reviewed and approved 6 site plans; and, at the Commission's annual
organizational meeting, the following officers were selected for the
upcoming year:
Chairman: Michael M. Waldvogel
Vice-Chairman: Paul C. Buford, Jr.
Agent/Secretary: John R. Marlles
The Chairman pointed out that in the coming year, the Con~nission's
top priority will be to continue the neighborhood planning process in
three additional neighborhoods; that the Commission will also be con-
sidering further amendments to the City's zoning regulations; and the
City Planning Commission greatly appreciates the cooperation Council
has given during the past year and looks forward to another year of
cooperation and progress in its planning efforts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the Annual Report be received and filed. The
motion was seconded by Mr. Fitzpatrick and adopted.
m~
ACTION:
ACTION:
BUDGET-TRAFFIC-SEWERS AND STORM DRAINS: Council Member Robert A.
Garland, Chairman of a committee appointed by the Mayor to tabulate
bids received for certain intersection improvements at Orange Avenue
and Granby Street, N. E., presented a written report on behalf of the
Committee reconmmndtng that Council authorize the City Manager to exe-
cute a unit price contract with H & S Construction Company, in the
amount of $159,714.82 and also execute a unit price amendment, in the
amount of $40,143.50, if the commercial site owner pays the City
$42,200.00 within thirty days and posts bond to ensure that road impro-
vements are constructed to his site within six months, It was further
recon~ended that Council appropriate and authorize transfer of funds to
an account to be established by the Director of Finance for Orange
Avenue and Granby Street Intersection from 1988 Bond Interest, in the
amount of $150,000.00, Traffic Signal General Account No. 008-052-9560-
9065, in the amount of $26,000.00; and a contribution from the commer-
cial site owner, in the amount of $42,200.00.
The City Manager submitted a written report concurring in the
reconm~ndatton of the committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Garland offered the following emergency budget Ordinance:
(#29470) AN ORDINANCE to amend and reordatn certain sections of
the 1988-89 Capital Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 112.)
Mr. Garland moved the adoption of Ordinance No. 29470. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor .......... 6.
NAYS: None ............. O.
(Council Member Bowles was absent.)
Mr. Garland offered the following emergency Ordinance:
(#29471) AN ORDINANCE accepting the bid of H & S Construction
Company, of Roanoke, Virginia, for certain intersection improvements at
Orange Avenue and Granby Street, N. E., as well as an additional signal
for a commercial site, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 113.)
Mr. Garlandmoved the adoption of Ordinance No. 29471. The motion
was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor ........... 6.
NAYS: None .......... ----0.
(Council Member Bowles was absent.)
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINM(CES AND RESOLUTIONS:
SCHOOLS-CITY PROPERTY: Ordinance No. 29446 authorizing .and
directing the proper City officials to enter into a six month lease
between the City and Roanoke Dyeing and Finishing, a Division of Twin
City Textiles, Inc., for use of a portion of the Jefferson High School
Shop, upon certain terms and conditions, having previously been before
the Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
681
682
ACTION:
ACTION:
ACTION:
(#29446) AN ORDINANCE authorizing and directing the proper City
officials to enter into a six month lease between the City and Roanoke
Dyeing and Finishing, a Division of Twin City Textiles, Inc., for use
of a portion of the Jefferson High School Shop, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 99.)
Mr. Trout moved the adoption of Ordinance No. 29446. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None .... O.
(Council Member Bowles was absent.)
PARKS AND PLAYGROUNDS: Ordinance No. 29447 authorizing and
directing the proper City officials to enter into a one-year lease bet-
ween the City and the Commonwealth of Virginia Division of Historic
Landmarks, for use of portions of Buena Vista Recreation Center, for a
period of one year with an option to renew for one additional year,
upon approval of the City Manager, having previously been before the
Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Fitzpatrick offering the following for its second reading and final
adoption:
(#29447) AN ORDINANCE authorizing and directing the proper City
officials to enter into a one-year lease between the City and the
Commonwealth of Virginia Division of Historic Landmarks, for use of
portions of Buena Vista Recreation Center, upon certain terms and con-
ditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 29447. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Musser, Trout, Bowers, Fitzpatrick, Garland
and Mayor Taylor-- 6.
NAYS: None-- O.
(Council Member Bowles was absent.)
SPECIAL PERMITS: Ordinance No. 29448 granting revocable con-
ditional permits to Breakell, Inc., General Contractors, for certain
existing structures encroaching over and into the right-of-way of the
south side of Patterson Avenue, S. W., (2314 Patterson Avenue), Lot 21,
Block 50, Map of West End and River View, Official Tax No. 1313102,
upon certain terms and conditions, having previously been before .the
Council for its first reading on Monday, February 6, 1989, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final adop-
tion:
(#29448) AN ORDINANCE granting revocable conditional permits for
certain existing structures encroaching over and into the right-of-way
of the south side of Patterson Avenue, S. W., Lot 21, Block 50, Map of
West End and River View, bearing Official Tax No. 1313102, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 51, page 100.)
Mr. Trout moved the adoption of Ordinance No. 29448. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Fitzpatrick, Garland and
Mayor Taylor ........ 5.
NAYS: Council Member Musser--- 1.
(Council Member Bowles was absent.)
683
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CONSOLIDATION-COUNCIL: The Mayor advised that when the Con-
solidation Negotiating Team between Roanoke City and Roanoke County met
for the first time, he made it known that there was a possibility that
he might find it necessary to step down as a member of the City's team
due to an extremely heavy schedule of activities to which he had
already committed. He stated that for some time, he had been concerned
over the expanding nature of his activities, advising that he had
overextended himself as far as his personal schedule, and explained
that it would be proper at this time. that he refrain from accepting any
additional assignments.
The Mayor stated that he would like to do the job of Mayor to the
best of his ability, using time to the best advantage, and he would
like to do a smaller number of things very well rather than to delve
into too many things and not make the maximum contribution according to
his abilities. He expressed appreciation to the Council for allowing
him to serve as one of the representatives to the negotiating team, and
-equested that Council place in nomination the name of a person to
replnce him as a member of the City's team to the City/County Consoli-
dation qegotiating Team.
m
Mr. Trout plac:J in nomination the name of Council Member
Howard E. Musser.
There being no fur~Jher nominations, Council Member Musser was
elected as a City r,presentative to the City/County Consolidation
Negotiating Team, hy the following vote:
ACTIOn: FOR COUNCT~ MEMBER MUSSER: Council Members Musser, Trout, Bowers,
Fitzpatrick, Carland and Mayor Taylor ................................ 6.
(Council Membe.' Bowles was absent.)
There beiKg no further business, the Mayor declared the meeting
adjourned at 10:50 p.m.
APPROVED
City Clerk
684
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 21, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 21, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regul. ar
~, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
~l~/~), as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor-- 7.
ABSENT: None- O.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
dr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John W. Newman,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of chemical feeders at the Carvtns Cove Filter Plant,
said bids to be received by the City Clerk until 1:30 p.m., on Tuesday,
February 21, 1989, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Acorn Construction, Ltd.
H. Hamner Gay and Company, Inc.
$53,700.00
57,896.00
59,948.00
Mr. Musser moved that the bids be referred to a committee to be
appointed by the Mayor for tabulation, report and reconm~ndation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss a matter
regarding the acquisition of real property for public purpose, and a
personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, November 14, 1988, and Monday, November 21, 1988, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
ACTION:
Mr. Trout moved that the reading of the minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers,
Garland, Musser and Mayor Taylor--
NAYS: None
Bowles, Fitzpatrick,
7.
COMPLAINTS-ANIMALS: A report of the City Manager with regard to
concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E.,
relating to dogs being maintained at 2819 Kennedy Avenue, N. E., and
more specifically questioning whether or not the dogs had been
licensed, was before Council.
It was pointed out that subsequent to Mr. Cruise's appearance
before Council, an Animal Control Officer investigated the conditions
at 2819 Kennedy Avenue and found them to be compliance with Ordinances
regulating dogs; that at the time, three dogs were found inside a
fenced-in yard and they had received the appropriate shots and licen-
ses; and excessive barking and/or odors were not found.
The City Manager advised that Animal Control Officers have perodi-
cally checked the location since Mr. Cruise's appearance before
Council, and they have found both the dogs and the owners maintenance
of the dogs to be in compliance with ordinance requirements. Mr.
Herbert further advised that the area will be checked regularly for
possible animal control violations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout,
Garland, Musser and Mayor Taylor-
NAYS: None
Bowers, Bowles, Fitzpatrick,
7.
CITY JAIL-SHERIFF: A conm~nication from The Honorable W. Alvin
Hudson, Sheriff, City of Roanoke, transmitting a Modification to the
Inter governmental Agreement with the United States Marshals Service,
which increases the rate paid by federal agencies for housing federal
prisoners in the Roanoke City Jail from $35.00 to $44.00 per day, was
before Ceuncil.
(For full text, see con~nunicati.on on file in the City Clerk's Office.)
Mr. Trout moved that the commnication be received and filed. Tile
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers,
Garland, Musser and Mayor Taylor.
NAYS: None-
Bowles, Fitzpatrick,
'7,
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, comissions and comittees appointed by
Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see con~nunication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, comissions and con~ittees
appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
685
686
ACTION:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ........ O.
PERSONNEL: A report of qualification of Mr. L. Bane Cobane as a
member of the Personnel and Employment Practices Commission to fill the
unexpired term of Mr. Robert C. Poole, resigned, ending June 30, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout moved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........................... 7.
NAYS: None ..................................................... O.
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (a) (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ......................
Oe
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The City Manager submitted a written report
advising that the landfill currently used by the City and operated by
the Roanoke Valley Regional Solid Waste Management Doard will be at
capacity in three to four years; that a new landfill will be required
to meet more stringent regulations of the Virginia Department of Waste
Management which will result in an estimated per ton disposal charge
("tipping fee") of $30.00 to $35.00 (1991 dollars); and solid waste
disposal charges have already begun to increase in preparation for
costs of closing the current landfill and constructing a new one.
It was pointed out that the Regional Solid Waste Management Board
commissioned a recycling study; that it has been submitted to par-
ticipating local governments for their comments; and existing recycling
efforts within the City of Roanoke include:
Drop-off center, operated by Clean Valley Council
and Cycle Systems;
Private sector buy-back centers;
86AI
ACTION:
Recycling of paper and other materials by busi-
nesses and industries;
Cycle Systems and other private sector recycling
and salvage operations;
Recycling activities sponsored by volunteer organi-
zations; and
City government activities, such as the drop-off
center to be established at the Public Works
Service Center off Williamson Road, paper recycling
within the Municipal Building complex, reuse of
leaf collections and brush and stumps from City
property for mulch, and use of sludge for land
application.
The City Manager explained that the City has a recycling task
force which will provide a recommended action plan for City recycling
activities; that the timeframe for study is approximately six-months
with an anticipated completion date of mid-July; and the factors to be
considered by the task force include the following, but are not limited
to:
Needs and abilities of Roanoke citizens;
Assessment of recycling alternatives set out in
O1ver, Inc.'s recycling evaluation;
Need and opportunities for regional coordination of
recycling activities;
Establishment of City recycling goals;
Cost and budget impacts of feasible recycling
options; and
Estimated timeframe for implementation of recycling
efforts.
It was further explained that the Task Force and the City are com-
mitted to obtaining adequate citizen input during early stages of the
study process; that survey of City residents and citizen workshops will
be utilized to obtain input; that citizen input and guidance is extre-
mely important to planning and development of City recycling programs
and activities; that citizen survey and workshops are planned as a
means to obtain input from and information about citizens' attitudes,
opinions and preferences; and funding is available to undertake the
survey and to conduct the workshops.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Trout and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-EASEMENTS: The City Manager submitted a
written report advising that Hershberger Road improvements have been
completed after a number of highway projects covering a number of
years; that street lighting on areas with overhead electrical lines has
been installed in the Wtlliamson Road area, west to Grandview Avenue,
N. W., and Ordway Drive west to Cove Road, N. W.; that provisions were
made for future street lighting on and under bridges during various
construction projects; and the City has a Street Lighting Agreement
with Appalachian Power Company which establishes the cost of facilities
and monthly operating and maintenance costs.
683
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 9:15 p.m., the Mayor declared the meeting in recess.
At 10:40 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance,
with the exception of Council Member Bowles.
CONSOLIDATION-COUNCIL: The Mayor advised that when the Con-
solidation Negotiating Team between Roanoke City and Roanoke County met
for the first time, he made it known that there was a possibility that
he might find it necessary to step down as a member of the City's team
due to an extremely heavy schedule of activities to which he had
already committed. He stated that for some time, he had been concerned
over the expanding nature of his activities, advising that he had
overextended himself as far as his personal schedule, and explained
that it would be proper at this time that he refrain from accepting any
additional assignments.
The Mayor stated that he would like to do the job of Mayor to the
best of his ability, using time to the best advantage, and he would
like to do a smaller number of things very well rather than to delve
into too many things and not make the maximum contribution according to
his abilities. He expressed appreciation to the Council for allowing
him to serve as one of the representatives to the negotiating team, and
requested that Council place in nomination the name of a person to
replace him as a member of the City's team to the City/County Consoli-
dation Negotiating Team.
Mr. Trout placed in nomination the name of Council Member
Howard E. Musser.
ACTIOn:
There being no further nominations, Council Member Musser was
elected as a City representative to the City/County Consolidation
Negotiating Team, by the followi~lg vote:
FOR COUNCIL MEMBER MUSSER: Council Members Musser, Trout, Bowers,
Fitzpatrick, Garland and Mayor Taylor ................ 6.
(Council Member Bowles was absent.)
There being no further business, the Mayor declared the meeting
adjourned at 10:50 p.m.
APPROVED
City Clerk
684
REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL
February 21, 1989
2:00 p.m.
The Council of the City of Roanoke met in regular meeting in the
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on Tuesday, February 21, 1989, at 2:00 p.m., the regular
meeting hour, with Mayor Noel C. Taylor presiding, pursuant to Rule 1, Regular
, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
as amended.
PRESENT: Council Members James O. Trout, David A. Bowers, Elizabeth T.
Bowles, Beverly T. Fitzpatrick, Jr., Robert A. Garland, Howard E. Musser and
Mayor Noel C. Taylor ....... 7.
ABSENT: None .............
OFFICERS PRESENT: W. Robert Herbert, City Manager; Earl B. Reynolds,
Jr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Joel M.
Schlanger, Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend John W. Ne~n,
Chaplain, Roanoke Memorial Hospitals.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Taylor.
ACTION:
ACTION:
BID OPENINGS:
WATER DEPARTMENT: Pursuant to notice of advertisement for bids
for replacement of chemical feeders at the Carvins Cove Filter Plant,
said bids to be received by tile City Clerk until 1:30 p.m., on Tuesday,
February 21, 1989, and to be held, opened and read before the Council
at 2:00 p.m., on that date, or as soon thereafter as the matter may be
heard, the Mayor asked if anyone had any questions about the adver-
tisement for bids, and no representative present raising any question,
the Mayor instructed the City Clerk to proceed with the opening of the
bids; whereupon, the City Clerk opened and read the following bids:
BIDDER
BASE BID TOTAL
Breakell, Inc.
Acorn Construction, Ltd.
H. Hamner Gay and Company, Inc.
$53,700.00
57,896.00
59,948.00
Mr. Musser moved that the bids be referred to a con~nittee to be
appointed by the Mayor for tabulation, report and recommendation to
Council. The motion was seconded by Mr. Trout and unanimously adopted.
The Mayor appointed Messrs. Robert A. Garland, Chairman, Kit B.
Kiser and William F. Clark as members of the committee.
CONSENT AGENDA:
The Mayor advised that all matters listed under the Consent Agenda
were considered to be routine by the Members of Council and would be
enacted by one motion in the form or forms listed on the Consent
Agenda, and if discussion was desired, that item would be removed from
the Consent Agenda and considered separately. He called specific
attention to two requests for Executive Sessions to discuss a matter
regarding the acquisition of real property for public purpose, and a
personnel matter.
MINUTES: Minutes of the regular meetings of Council held on
Monday, November 14, 1988, and Monday, November 21, 1988, were before
the body.
(For full text, see minutes on file in the City Clerk's Office.)
ACTION:
ACTZON:
ACTION:
ACTION:
685
Mr. Trout moved that the reading of ti)e minutes be dispensed with
and that the minutes be approved as recorded. The motion was seconded
by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor- - .... 7.
NAYS: None---
COMPLAINTS-ANIMALS: A report of the City Manager with regard to
concerns expressed by Mr. Levy M. Cruise, 2813 Kennedy Avenue, N. E.,
relating to dogs being maintained at 2819 Kennedy Avenue, N. E., and
more specifically questioning whether or not the dogs had been
licensed, was before Council.
It was pointed out that subsequent to Mr. Cruise's appearance
before Council, an Animal Control Officer investigated the conditions
at 2819 Kennedy Avenue and found them to be compliance with Ordinances
regulating dogs; that at the time, three dogs were found inside a
fenced-in yard and they had received the appropriate shots and licen-
ses; and excessive barking and/or odors were not found.
The City Manager advised that Animal Control Officers have perodi-
cally checked the location since Mr. Cruise's appearance before
Council, and they have found both the dogs and the owners maintenance
of the dogs to be in compliance with ordinance requirements. Mr.
Herbert further advised that the area will be checked regularly for
possible animal control violations,
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-- 7.
NAYS: None
CITY JAIL-SHERIFF: A conm~unication from The Honorable W. Alvin
Hudson, Sheriff, City of Roanoke, transmitting a Modification to the
Inter governmental Agreement with the United States Marshals Service,
which increases the rate paid by federal agencies for housing federal
prisoners in the Roanoke City Jail from $35.00 to $44.00 per day, was
before Council.
(For full text, see communicati, on on file in the City Clerk's Office.)
Mr. Trout moved that the con~nunication be received and filed. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor-- 7.
NAYS: None--
COUNCIL: A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to vacancies on
various authorities, boards, con~nissions and committees appointed by
Council, pursuant to Section 2.1-344 ia) (1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see commJnication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor to
convene in Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 ia) (1), Code of
Virginia (1950), as amended. The motion was seconded by Mrs. Bowles
and adopted by the following vote:
m
686
ACT[ON:
ACTION:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None .......................
PERSONNEL: A report of qualification of Mr. L. Bane Cobane as a
member of the Personnel and Employment Practices Con~nission to fill the
unexpired term of Mr. Robert C. Poole, resigned, ending June 30, 1990,
was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Trout m~ved that the report of qualification be received and
filed. The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..................................... 7.
NAYS: None ...................
'=0o
COUNCIL: A report of the City Manager requesting an Executive
Session to discuss a matter relating to the acquisition of real pro-
perty for public purpose, pursuant to Section 2.1-344 (al (3), Code of
Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter relating to
the acquisition of real property for public purpose, pursuant to
Section 2.1-344 (al (3), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ........ 7.
NAYS: None .......... O.
REGULAR AGENDA:
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
REFUSE COLLECTION: The City Manager submitted a written report
advising that the landfill currently used by the City and operated by
the Roanoke Valley Regional Solid Waste Management Board will be at
capacity in three to four years; that a new landfill will be required
to meet more stringent regulations of the Virginia Department of Waste
Management which will result in an estimated per ton disposal charge
("tipping fee") of $30.00 to $35.00 (1991 dollars); and solid waste
disposal charges have already begun to increase in preparation for
costs of closing the current landfill and constructing a new one.
It was pointed out that the Regional Solid Waste Management Board
comnissioned a recycling study; that it has been submitted to par-
ticipating local governments for their con~nents; and existing recycling
efforts within the City of Roanoke include:
Drop-off center, operated by Clean Valley Council
and Cycle Systems;
Private sector buy-back centers;
86A
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ACTION:
Recycling of paper and other materials by busi-
nesses and industries;
Cycle Systems and other private sector recycling
and salvage operations;
Recycling activities sponsored by volunteer organi-
zations; and
City government activities, such as the drop-off
center to be established at the Public Works
Service Center off Williamson Road, paper recycling
within the Municipal Building complex, reuse of
leaf collections and brush and stumps from City
property for mulch, and use of sludge for land
application.
The City Manager explained that the City has a recycling task
force which will provide a recommended action plan for City recycling
activities; that the timeframe for study is approximately six-months
with an anticipated completion date of mid-July; and the factors to be
considered by the task force include the following, but are not limited
to:
Needs and abilities of Roanoke citizens;
Assessment of recycling alternatives set out in
Olver, Inc.'s recycling evaluation;
Need and opportunities for regional coordination of
recycling activities;
Establishment of City recycling goals;
Cost and budget impacts of feasible recycling
options; and
Estimated timeframe for implementation of recycling
efforts.
It was further explained that the Task Force and the City are com-
mitted to obtaining adequate citizen input during early stages of the
study process; that survey of City residents and citizen workshops will
be utilized to obtain input; that citizen input and guidance is extre-
mely important to planning and development of City recycling programs
and activities; that citizen survey and workshops are planned as a
means to obtain input from and information about citizens' attitudes,
opinions and preferences; and funding is available to undertake the
survey and to conduct the workshops.
(For full text, see report on file in the City Clerk's Office.)
Mr. Fitzpatrick moved that the report be received and filed. The
motion was seconded by Mr. Trout and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-EASEMENTS: The City Manager submitted a
written report advising that Hershberger Road improvements have been
completed after a number of highway projects covering a number of
years; that street lighting on areas with overhead electrical lines has
been installed in the Williamson Road area, west to Grandview Avenue,
N. W., and Ordway Drive west to Cove Road, N. W.; that provisions were
made for future street lighting on and under bridges during various
construction projects; and the City has a Street Lighting Agreement
with Appalachian Power Company which establishes the cost of facilities
and monthly operating and maintenance costs.
687
It was pointed out that the Airport Terminal Building, located on
Aviation Drive, is scheduled for completion on or before September
1989, which will increase traffic on the Hershberger Road/Aviation
Drive interchange; that Townsquare Shopping Center's new entrance
located on Aviation Drive, also has increased traffic weaving on the
interchange; that there presently is no street lighting located on
Aviation Drive, Hershberger Road from Ordway Drive to Grandview, and
City maintained streets, {Valley View North, Valley View West, and
Valley View Boulevard), into Valley View Shopping Center; and the area
is very dark and consists of two interchanges, thus requiring a nunber
of lane changes to leave 1-581 northbound to proceed to the Airport.
The City Manager advised that plans and preliminary estimates have
been developed by Appalachian Power Company (APCO) at the City's
request, and in compliance with the street lighting agreement to pro-
perly light the abovementioned areas, and the Following is not included
in the APCO estimate.
Underbridge lighting for Hershberger Road/Aviation
Drive;
Bridge light fixtures ~-~hich the City is to provide
with a corresponding reduction in charge for
electrical cons~ption; and
Any contingencies.
It was further advised that final plans must be approved by the
Virginia Department of Transportation and the Federal Aviation
Admi ni st rati on,
The City Manager recommended that Council appropriate $310,000.00
from undesignated Capital Funds to a new account to be established by
the Director of Finance; and that he be authorized to issue purchase
orders to Appalachian Power Company for the required lighting
equipment,
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget Ordinance:
(#29472)
the 1988-89
emergency.
AN ORDINANCE to amend and reordain certain sections of
Capital Fund Appropriations, and providing for an
(For full text of Ordinance, see Ordinance Book No. 51, page 125.)
Mr. Bowers stated that installation of lighting along Aviation
Drive leading to the new Airport Terminal~ was a project that should be
accomplished; however, he questioned the method of funding and the pro-
posal .to use $310,000,00 of City taxpayers' money. He further stated
that the question is, how much money will the City continue to spend on
a venture to which it has already made a commitment of $55 million. He
added that he would suggest to the Chairman of the Roanoke Regional
Airport Commission that the project should be a joint venture between
local governments in the Roanoke Valley. In concluding, he explained
that it was a noble project; however, he was concerned about the
finding mechanism and the precedent which will be set.
The City Manager advised that the Airport Con~nission has never
asked for the first street light to be installed in any of the areas
presently under discussion. He stated that when the project was
completed, there were insufficient funds to provide street lighting and
the normal kinds of post construction grading. He further stated that
the lighting should have been completed as far back as 1985 inasmuch as
it is a pd)lic safety issue; and the City of Roanoke is charged with
the responsibility of addressing highway maintenance and standards. He
688
explained that it has been the City's tradition, where there has been
development, that certain things are accomplished by City government,
one of which is to provide an adequate street system and the other is
to provide a safe surface on which to travel with appropriate lighting.
He pointed out that the Airport Con~nission, where it has available
funds, is willing to reach outside of the grounds of the Airport. He
noted that the Airport Commission will bring a budget to City Council
and the County Board of Supervisors which requires no local funds
sidy inasmuch as the Airport Commission is in a healthy situation and
operating on its own revenue. Mr. Herbert stated that he felt very
strongly that the .project was a Roanoke City government charge and
responsibility and regreted that the City was approximately three years
late in meeting its obligation.
Mr. Bowers expressed further concern about the placement of lights
along the parking lot at Valley View Shopping Center.
ACTION: Mrs. Bowles moved the adoption of Ordinance No. 29472. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ................ 6.
~;AYS: Council Member Bowers
.1.
Mr. Fitzpatrick offered the following emergency Ordinance:
(#294?3) AN ORDINANCE authorizing the purchase by the City of
certain required street lighting equipment for portions of Hershberger
Road and Aviation Drive, upon certain terms and conditions; and pro-
viding for an emergency.
(For full text of Ordinance, see Ordinance Book No. 51, page 125.)
ACTION: Mr. Fitzpatrick moved the adoption of Ordinance No. 29473. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout, Bowles, Fitzpatrick, Garland, Musser
and Mayor Taylor ..... 6.
NAYs: Council'Menber Bowers
STADIUM-ARMORY: The City Manager sd)mitred a written report in
Connection with a proposal of Mr. Whitey Taylor to use Victory Stadiun
for automobile races, advising that Council, in 1951, 1954, 1961, 1965,
1966 and 1967, denied requests for permission to hold stock car races
in the Stadiu~'inasmuch as they would be incompatible with the nearby
hospitals and neighborhoods; and the actions which were taken were in
response to concerns of citizens regarding increased noise, traffic,
etc., resulting from the auto racing.
It was pointed out that auto 'racing in V~ctory Stadi~ would not
be compatible with several City plans adopted in the last* ten years,
noting that the plans were developed with sd)stantial involvement of
the citizens of Roanoke, as follows:
Roanoke's Parks - Today and Tomorrow recommends
development of a sports complex in' the vicinity of
the Stadi~ to meet the need for competition
quality athletic facilities.
Sports Complex Master Plan includes a Certified 400
...meter track and othe~ imProvements to enhance the
use of the Stadi~n. So far, over $3 million has
been invested to develop'quality athletic facili-
..ties at the Complex that are compatible with each
~other and al so with the adjoining land uses
(Residential, Medical and Commercial).
Roanoke Vision - South Roanoke Neighborhood Plan
recommends that the unique neighborhood character
and the quality of life of South Roanoke should be
maintained and protected.
689
The City Manager stated that neighborhood opposition has been
expressed against the request; that noise, traffic, image and com-
parability with adjoining uses are key concerns; and recommended that
Council deny Mr. Taylor's request to use Victory Stadium for automobile
races.
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of the
City Manager. The motion was seconded by Mr. Bowers.
Mr. Whitey Taylor, petitioner, appeared before Council and
requested that a decision on the matter be deferred in order that he
might confer with his attorney on a proposed plan that could be more
palatable to everyone concerned.·
Following discussion of the matter, Mr. Bowers offered a substi-
tute motion that~action on the request' of Mr. Taylor to use Victory
Stadium for stock car racing be tabled until the regular meeting of
Council on Monday, March 20, 1989, at 2:00 p.m., or as soon thereafter
as the matter may be heard by the Council. The motion was seconded by
Mr.~ Musser and unanimously adopted..'~
DIRECTOR OF FINANCE:
ACT I ON:
~.~- FINANCIAL REPORTS: The Director of Finance presented the finan-
cial report of the City of Roanoke for the month of January, 1989.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The motion
was .seconded by Mr. Fitzpatrick and unanimously adopted.
REPORTS OF COMMITTEES: NONE.
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UNFINISHED BUSINESS: NONE.
INIRODUCTION.AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No..~29450 permanently vacating
discontinuing and closing a certain alley 12 feet in width, extending
in a' northwesterly direction,from Eastgate 'Avenue, N. E., for a
distance of 125 feet, situated between Official Tax Nos. 3230910 and
3230911, having~previously been .before, the Council for its first
reading:on Monday, February:13,' 1989,~ read' and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering
the following for its second reading and final adoption:
(#29450) AN ORDINANCE permanently Vacating, discontinuing and
closing certain, public right-of-way 'in the City of Roanoke, Virginia,
as is more particularly described hereinafter. · ·
· ' i: . ;';* .*.: '. - ~**'~' ~ ~..* :~
(For full text of Ordinance, .see .Ordinance Book No. 51, page 114.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29450. The motion
was seconded by Mr. Garland and adopted by the following vote:
· ,_ '. , , -. ; ~ ' . * . ~-...~ '.: . ' , .
-.', 'AYES: "Council Members' Trout~ Bowers; Bowles,',*Fitzpatrick,
Garland, Musser and Mayor Taylor ...... 7.
NAYS: None ........................ O.
STREETS AND ALLEYS: Ordinance No. 29451 permanently vacating,
discontinuing and closing all of 36th Street, N. W., from its point of
beginning adjacent to.the south right-of-way.line of Oensmore Road,
N.W., extended .to its terminus .approximately 135 feet south of
Oensmore Road, at the northern boundary line of the property of Roanoke
Country Club, Inc., bearing Official Tax No. 2671006, having previously
been before the.Council for its'firstI reading on Monday, February 13,
1989, read and adopted on its'first reading and laid over, was again
before the body,' Mr. Fitzpatrick offering the following for its second
reading and final adoption:** . ::~ :~: -.-.i .- . ~
690
,(#29451) AN ORDINANCE.permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia,
as is more particularly described hereinafter ..... ·
(For full text of Ordinance, see Ordinance Book No. 51, page 115.)
ACTION:
Mr. Fitzpatrick moved the adoption of Ordinance No. 29451. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Trout,? Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ....... 7.
NAYS: None ................ '--" O.
ZONING: Ordinance No, 29~52. rezoning a 1.206 acre tract of land
and a 1.603 acre tract of land situated between King Street, N. E., and
U. S. Route 460, Hickory Woods, and being.portions of Official Tax No.
70go521,,.from RS-3, Residential Single. Family District, and LM, Light
Manufacturing District, respectively, to RM-2, .Residential Multi-
Family,. Medium Density District, having, previously been ,before the
Council for its first reading on Monday,.February 13, i989, read and
adopted on its first reading and .laid over,.was again before the body,
Mrs. Bowles offering the following for its second reading and final
adoption:
· (#29452) AN ORDINANCE to amend §36.1-3, Code .of the City of
..-Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Bo~k No. 51, page 116.)
ACTION: Mrs, Bowles moved the adoption of Ordinance No. 29452. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, 3owers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ..... ~- -7.
NAYS: None ........... .0.
ZONING: Ordinance No. 29453 rezoning a tract of land lying in the
100 block of Elm Avenue, S..W., containing 0.34 acre, more or less,
identified, as Official Tax Nos..1021005- 1021007, respectively, from
C-1, Office District, to RM-4,.Residential. Multi-Family, High Density
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for mits firstreadtng on
Monday,. Febr, uary 13, lg89, read and .adopted.on its first reading and
laid over,.was again before,the .body, Mr..Eitzpatrick offering the
following for its second reading and final adoption:
· ~**~.i~9453.)' AN ORDINANCE-to .amend 936.1-3, C~de of the City of
Roanoke (1979), as amended, and Sheet No..lO2,.Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
., certain.conditions proffered by.the.applicant,.
ACTI ON:
(For. full text of Ordinance, see. Ordinance Book No. 51, page 118.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 2gj353. The
motion was seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ......... -7,
NAYS: None--, .... , O.
· .. ZONING:· Ordinance No. 29454 re~oning a parcel of land located at
2416,Clifton Avenue, N. W., described as Lot 36, Block 2, Map of Villa
.Heights, Official Tax No. 2430806,.:from RS-3, Residential Family, Low
Density District, subject to certain conditions proffered by the pett-
-ttoner,,.having previously been before the Council for its first reading
on Monday, February 13, 1989,:read and adopted on its first reading and
laid over, was.again before the body, Mr..Trout offering the.following
for its second reading and final adoption:
ACTION:
ACTION:
ACTION:
(#29454) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 243, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
Mr. Trout moved the adoption of Ordinance No. 29454. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ................. 7.
NAYS: None ....... O.
ZONING: Ordinance No. 29455 rezoning a tract of land located at
2920 Sweetbriar Avenue, S. W., being Lots 4 - 6, respectively, C. F.
Kefauver Map, Official Tax Nos. 1651004 - 1651006, respectively, from
RS-3, Residential Single Family, Medium Density District, to C-1,
Office District, subject to certain conditions proffered by the peti-
tioner, having previously been before the Council for its first reading
on Monday, February 13, 1989, read and adopted on its first readin9
and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#29455) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 119.)
Mr. Trout moved the adoption of Ordinance No. 29455. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ........ O.
ZONING: Ordinance No. 29456 rezoning a tract of land lying to the
north of Wise Avenue, S. E., at the intersection of 18th Street, being
the rear portions of two lots in Block 36 and a strip of land between
Lots 35 and 36, McDonald Addition, more particularly described as
Official Tax Nos. 4210235, 4210237 and 4210238, from RM-1, Residential
Multi-Family, Low Density District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner,
having previously been before the Council for its first reading on
Monday, February 13, 1989, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following
for its second reading and final adoption:
(#29456) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 421, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 51, page 121.)
Mr. Trout moved the adoption of Ordinance No. 29456. The motion
was seconded by Mr. Bowers and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ........ O.
SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Ordinance No.
29469 amending and reordaining certain sections of the 198B-89 Capital
Fund Appropriations, in the amount of $145,000.00, in connection with
the purchase of certain property needed for construction of the
Williamson Road Storm Drain, Phase II, Contract I-D, Storm Water
Retention Basin Project, having previously been before the Council for
its first reading on Monday, February 13, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
691
692
(#29468) AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Capital Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29468. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Fitzpatrick,
Garland, Musser and Mayor Taylor ............ 7.
NAYS: None ..................................................... O.
SEWERS AND STORM DRAINS-SALE/PURCHASE OF PROPERTY: Ordinance No.
29469 providing for the acquisition of real estate needed by the City
for construction of the Williamson Road Storm Drain, Phase II, Contract
I-D; authorizing the City Manager to fix to a certain limit the con-
sideration to be offered by the City for the needed real estate; pro-
vidin§ for the City's acquisition of such real estate by condemnation,
under certain circumstances; authorizing the City to make motion for
the award of a right of entry on any of the parcels for the purpose of
commencing the project; and directing the mailing of the Ordinance to
certain property owners, having previously been before the Council for
its first reading on Monday, February 13, 1989, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#29469) AN ORDINANCE providing for the acquisition of real
estate needed by the City for the construction of the Williamson Road
Storm Drain Phase II, Contract I-D; authorizing the City Manager to fix
to a certain limit the consideration to be offered by the City for the
needed real estate; providing for the City's acquisition of such real
estate by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the
parcels for the purpose of commencing the project; and directing the
mailing of this ordinance to the property owners.
(For full text of Ordinance, see Ordinance Book No. 51, page 122.)
ACTION: Mr. Trout moved the adoption of Ordinance No. 29469. The motion
was seconded by Mrs. Bowles aha adopted by the following vote:
AYES: Council Members Trout, Bowers, Bowles, Garland and
Musser .................................... 5.
NAYS: None ........................
-0.
(Vice-Mayor Fitzpatrick and Mayor Taylor abstained from voting.)
MOTIONS AND MISCELLANEOUS-BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
OTHER HEARINGS OF CITIZENS: NONE.
At 3:30 p.m., the Mayor declared the meeting in recess.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with
Mayor Taylor presiding, and all Members of the Council in attendance.
There being no further business, the Mayor declared the meeting
adjourned at 4:05 p.m.
APPROVED
City Clerk
Mayor